(United States Second Circuit) - Affirmed. The application of the Commodity Exchange Act to alleged misconduct in trading of crude oil extracted from Europe’s North Sea is impermissibly extraterritorial.

If you've ever considered buying a keg from your favorite brewery, now would be the time.

In kitchens across the world, focaccia gardens are blooming. On top of the flatbreads, cherry tomatoes open like petals, with long scallion stalks for stems. Yellow-pepper sunflowers stand tall with Kalamata olives at their center. Red onions bud in bushes made from fresh herbs.

Nearly $14 Million In Undistributed Royalties Has Been Found By Music-focused Finance Firm Sound Royalties

Pandora Premium Paid Subscribers Cross The 1 Million Milestone In October 2017

A large lobbying effort mobilized almost immediately. Conducted outside the public’s view, its goal was to keep hundreds of stores open, thousands of Denverites employed, and entire industries functioning across the city.

The development manager accused of showing favoritism toward a construction bidder on the Colorado Convention Center expansion project has signed a $250,000 settlement with state investigators.

In some cases, cities and counties have been hesitant to spend the emergency appropriations, because the federal government hasn't told them exactly how to.

(United States First Circuit) - In an antitrust action, alleging that defendant's petitioning of the Puerto Rico Telecommunications Regulatory Board, government officials and tribunals, and commonwealth and federal courts to prevent plaintiff's application to provide internet protocol television service violated the Sherman Act, the district court's grant of summary judgment to defendant is affirmed where the facts of the case don't subject defendant to the sham exception of the Noerr-Pennington doctrine protecting the right to petition the government.

(United States Second Circuit) - Affirming the denial of the North American Soccer League's motion for preliminary injunction seeking Division II designation pending the resolution of its antitrust case against the United States Soccer Federation because they had failed to demonstrate a clear likelihood of success on the merits of their claim.

(United States Ninth Circuit) - Reversing a district court dismissal of claims that an ordinance authorizing collective bargaining between driver coordinators like Uber and Lyft violates and is preempted by the Sherman Antitrust Act because the act sanctions price fixing by private cartels of independent contractor drivers but affirming the dismissal of claims that the ordinance was preempted by the National Labor Relations Act and remanding for further proceedings.

(United States Supreme Court) - The US Supreme Court held that American Express (Amex) anti-steering provisions, in its agreement with merchants to prohibit merchants who take Amex cards from discouraging customers from using their cards in order for the merchant to avoid paying Amex a fee, do not violate the Sherman Antitrust Act.

(United States Second Circuit) - Affirmed that magazine publishers did not violate antitrust laws by trying to drive a wholesaler out of business. The wholesaler delivered magazines to retail stores and it alleged that when it tried to impose a surcharge on the publishers in 2009, they conspired to boycott and drive the wholesaler out of business. On appeal, the Second Circuit found that the wholesaler had presented insufficient evidence of a boycott scheme to survive summary judgment. The panel also affirmed summary judgment against the publishers' counterclaims.

(United States Seventh Circuit) - In a case involving states' power to regulate liquor sales, held that the plaintiffs stated a claim that Illinois unlawfully refused to license out-of-state retailers to ship liquor to consumers in the state, in violation of the Commerce Clause and Privileges and Immunities Clause. Reversed a dismissal and remanded.

(United States Second Circuit) - Held that Connecticut law governing liquor pricing is not preempted by federal antitrust law. Affirmed the dismissal of a liquor retailer's complaint, which challenged certain provisions of Connecticut's Liquor Control Act and related regulations.

(California Court of Appeal) - Affirmed the denial of an anti-SLAPP motion, in a lawsuit accusing certain organizations and individuals of attempting to restrain trade and monopolize a city's medical marijuana market.

(United States Second Circuit) - Held that a company offering bar exam review courses did not plausibly plead that a competitor conspired with certain law schools to enable it to obtain a monopoly. Affirmed the dismissal of this antitrust lawsuit.

(United States Seventh Circuit) - District court's granting of summary judgment and bench verdict for Defendant affirmed. Sherman Act claim fails where the only current feasible way to comply with Chicagoland area city commercial fire safety ordinances was to use an exclusive provider. Under Fisher v. City of Berkeley, government restraints on trade imposed unilaterally do not form the basis of a Section 1 or Section 2 claim.

(United States Second Circuit) - Affirmed. The application of the Commodity Exchange Act to alleged misconduct in trading of crude oil extracted from Europe’s North Sea is impermissibly extraterritorial.

From old friend and colleague Ran Kuttner, here is a conference in Israel on shared society (scheduled for April 22nd) that most of us would not get the chance to attend but now can since it will be virtual (and the morning is in English)–the link to registration is here! https://www.facebook.com/events/585091012107455/  

An article by Israeli historian Yuval Noah Harari, The World After Coronavirus, describes general dynamics of crises and particularly the current crisis: Many short-term emergency measures will become a fixture of life.  That is the nature of emergencies.  They fast-forward historical processes.  Decisions that in normal times could take years of deliberation are passed in … Continue reading Communication, Privacy, and Community in the New Normal →

From TFOI Toby Guerin: I thought that I would share an exercise which we posted this week through the Workplace Mediation Service at University of Maryland, Baltimore.  It can be easily adapted for classes and other environments. Several years ago Andrea Schneider and others wrote an article, “Cooking Up a Deal: Negotiation Recipes for Success.”  … Continue reading Toby Guerin’s Negotiation Exercise →

This spring is an eerie season of death and life. Death is a natural and inevitable part of life.  Humans and members of every other living species die all the time. What’s so spooky about the coronavirus crisis is that this deadly virus often is spread by people who are asymptomatic.  So you can’t tell … Continue reading This Spring →

What do you have to hide?  That’s an issue raised by two comments about my post, Communication, Privacy, and Community in the New Normal. One commenter asked, “What if the government or a private group knowing your real-time biometrics could save lives?  Why do we hold the privacy of such data in such high regard?” … Continue reading The Importance of Privacy →

The ABA Journal recently published an article entitled Bar Exam Does Little to Ensure Attorney Competence, Say Lawyers in Diploma Privilege State, describing the experience in Wisconsin, the only state that currently has the “diploma privilege.”  Under the Wisconsin rules, in-state law school graduates can become licensed without taking a bar exam.  These graduates must … Continue reading The Coronavirus Crisis Provides an Opportunity to Adopt Better Systems for Licensing Lawyers than the Bar Exam →

Music Resource Group Today Announced The Official Call For Entries For The 18th Annual Independent Music Awards (IMAs) To Honor The Year's Best Indie Music & Visual Design Work From Around The World.

The park said it's seeing mid-summer crowds already.

The industry veteran is looking to help grow the next generation of not only promoters and managers, but also entertainment lawyers, accountants, publicists and, naturally, artists.

Tune in to the bands this Friday.

"Chipotlanes" are rolling out across the country, at a time when customers can't dine in and want more pickup and delivery options.

With concerns about COVID-19 in mind, the U.S. Forest Service is thinking about swapping public transportation for limited vehicle entry.

LAS VEGAS — Roy Horn of Siegfried & Roy, the duo whose extraordinary magic tricks astonished millions until Horn was critically injured in 2003 by one of the act’s famed white tigers, has died. He was 75. Horn died of complications from the coronavirus on Friday in a Las Vegas hospital, according to a statement […]

Little Richard, the self-proclaimed “architect of rock ‘n’ roll,” has died Saturday. He was 87.

(United States First Circuit) - Affirmed summary judgment which had denied an employee's Title VII gender discrimination and retaliation claims. A field sales representative for a company in the medical field alleged she was denied a promotion based on her sex and that she was fired in retaliation for asserting her Title VII rights. However, the First Circuit concluded that she failed to present sufficient evidence of unlawful conduct to create a genuine factual dispute.

(United States First Circuit) - Reinstated an employee's claims that she was harassed based on her age and retaliated against in violation of both federal and Puerto Rico law, claims which had been dismissed on summary judgment. The employee argued that there were genuine disputes of material fact. In reversing summary judgment, the First Circuit agreed with the employee's argument that genuine disputes of material fact existed as to certain claims.

(United States First Circuit) - Affirmed the denial of a medically ill defendant's request for a downward departure under the U.S. Sentencing Guidelines. The defendant, who had pleaded guilty to conspiracy to possess five kilograms or more of cocaine with intent to distribute, sought a shorter sentence due to his chronic liver ailments. However, the First Circuit found no abuse of discretion in the sentence of 180 months.

(United States First Circuit) - Held that a Puerto Rico Highways and Transportation Authority bondholder did not hold a statutory lien on certain toll revenues. The bondholder contended that, in response to Puerto Rico's financial crisis, the Puerto Rican government was diverting toll revenues to which the bondholder was entitled under a lien and using them for purposes other than paying the bonds. However, the First Circuit concluded that the bondholder held no statutory lien on the toll revenues.

(United States First Circuit) - Vacated an order denying a request by Puerto Rico Electric Power Authority (PREPA) bondholders for relief from an automatic stay. The bondholders argued that a statute enacted by Congress to address Puerto Rico's financial crisis did not preclude them from obtaining relief so that they could petition another court to place PREPA into receivership. Agreeing, the First Circuit held that the district court erred in concluding otherwise.

(United States First Circuit) - Affirmed a prison sentence followed by lifetime supervised release on charges of possession of child pornography. The defendant, who had previously been convicted of a sexual crime involving young boys, argued that the district court inadequately explained why it imposed a condition of lifetime supervised release, and also that his 120-month prison sentence was substantively unreasonable. The First Circuit rejected his arguments and affirmed.

(United States First Circuit) - Held that a defendant who won a summary judgment motion could not appeal to challenge unflattering statements found in the trial judge's opinion. In this tort lawsuit brought by a Ugandan gay-rights organization, the defendant religious leader successfully obtained summary judgment by arguing lack of extraterritorial jurisdiction but then appealed. The First Circuit concluded that a winner cannot appeal a judgment merely because there are passages in the court's opinion that displease him or her.

(United States First Circuit) - Affirmed a drug-trafficking sentence despite the defendant's argument that he was given an unwarranted Guidelines enhancement for obstruction of justice. The defendant, who pleaded guilty, also argued that he should be given a credit for acceptance of responsibility. However, the First Circuit found that he had maintained a false identity (i.e., used an assumed name) throughout his criminal proceedings, and thus affirmed the sentence.

(United States First Circuit) - Affirmed the sentence of a defendant who pleaded guilty to one count of theft in connection with health care and to one count of wire fraud. An accountant who embezzled nearly $1 million from a radiology medical firm challenged the procedural and substantive reasonableness of his upwardly variant sentence. Finding no error, the First Circuit affirmed.

(United States First Circuit) - Held that a defendant was barred from appealing his sentence because his plea agreement contained a waiver-of-appeal clause. The defendant, who pleaded guilty to knowingly possessing a firearm in furtherance of a drug trafficking crime, asserted that the waiver-of-appeal provision should not be enforced. The First Circuit observed that there is confusion in circuit precedent as to the proper standard for evaluating the enforceability of an appellate waiver. The panel ultimately concluded here that the waiver of appeal must be enforced, and thus dismissed his appeal.

(United States First Circuit) - Affirmed a conviction on drug-smuggling charges. The defendant, who was caught with two other men aboard a vessel carrying 70 kilograms of cocaine, argued that he was a mere transporter of the contraband and thus was entitled to a minor participant reduction under the U.S. Sentencing Guidelines. Finding no error in the sentence, the First Circuit affirmed.

(United States First Circuit) - Held that a school did not unlawfully retaliate against a kindergarten teacher for her advocacy on behalf of students with disabilities. The teacher claimed that she was transferred to a different school and suffered other adverse actions. However, after a bench trial, the district court was not persuaded that her advocacy was the reason for these personnel actions, and thus rejected her claims under the Americans with Disabilities Act and other state and federal statutes. On appeal, the First Circuit affirmed in a 2-1 decision.

(United States First Circuit) - Affirmed a district court’s decision regarding sentencing in a case where the defendant plead guilty to illegal possession of a firearm and was sentenced to probation. In 2016, defendant’s home was searched and a massive cache of weapons was found. Defendant pleaded guilty to the 2016 charges, but before he could be sentenced his probation from the 2013 charges was revoked and he was sentenced to prison for those charges. This action slotted defendant into a criminal history category that generated increased prison time under the sentencing guidelines. Defendant argued that the 2013 sentence should not be considered for the 2016 sentence. The court held that the district court properly considered the factors for sentencing.

(United States First Circuit) - Affirmed the dismissal of a consumer complaint alleging that manufacturers of prescription eye drops deliberately designed their bottles to emit unnecessarily large drops in a ploy to force patients to waste the expensive medication and thus buy more of it. Moving to dismiss on preemption grounds, the manufacturers contended that the Food and Drug Administration would have to approve any modification of the medication's bottle. Agreeing, the First Circuit held that FDA regulations preempted the plaintiffs' state law claims seeking to force a change in the bottle design.

(United States First Circuit) - Affirmed the dismissal of an Indian tribe's complaint against federal and Rhode Island agencies concerning a highway bridge reconstruction. The tribe argued, at base, that the state of Rhode Island broke a promise to give the tribe three parcels of land as mitigation for the expected negative impact on historic tribal land of an I-95 bridge replacement project. Agreeing with the district court, the First Circuit held that the tribe's claims were barred by federal sovereign immunity and lack of subject matter jurisdiction.

(United States First Circuit) - Dismissed an alien's petition for review of a decision denying his request for cancellation of removal. The Board of Immigration Appeals had found that the citizen of Guatemala was ineligible for cancellation of removal, due in part to criminal charges pending against him of child molestation of his ex-wife's then-twelve-year-old granddaughter. On appeal, the First Circuit dismissed his petition for review.

(United States First Circuit) - Reinstated a lawsuit alleging that a health insurance company improperly denied coverage for in-patient mental health services. After several unsuccessful administrative appeals, the insured sued the insurance company under ERISA, claiming that all of her time spent at a mental health residential treatment facility was medically necessary and thus should have been covered under an employer-provided healthcare plan. On appeal, the First Circuit vacated an order granting summary judgment for the insurance company, holding that the district court should have allowed the insured to supplement the administrative record.