ey

What If They Reopened the Country, and No One Came? - The Atlantic

The complaint that Washington is out of step with Main Street has been circulating for roughly as long as each metonym has been in use. But it’s seldom, if ever, been more true than at this moment in the coronavirus pandemic.




ey

Keybase joins Zoom

Big news! Keybase acquired by @zoom_us . Our post about it:




ey

Zoom Acquires Keybase and Announces Goal of Developing the Most Broadly Used Enterprise End-to-End Encryption Offering - Zoom Blog




ey

We Chat, They Watch: How International Users Unwittingly Build up WeChat’s Chinese Censorship Apparatus - The Citizen Lab

Important new CitizenLab report: "We Chat, They Watch: How International Users Unwittingly Build up WeChat’s Chinese Censorship Apparatus"




ey

Sure, the Velociraptors Are Still On the Loose, But That’s No Reason Not to Reopen Jurassic Park - McSweeney’s Internet Tendency

Sure, the Velociraptors Are Still On the Loose, But That’s No Reason Not to Reopen Jurassic Park




ey

Winners of Family Pass to Disney on Ice presents Magical Ice Festival

Frozen fans can rejoice. Disney On Ice presents Magical Ice Festival which opens in Australia in June for the first time and will feature characters from the hit movie Frozen. The 2016 ice spectacular will also present the enchanting adventures of Disney’s The Little Mermaid, Tangled and Beauty and the Beast, presented by popular hosts Mickey Mouse, Minnie Mouse, Donald Duck and Goofy.




ey

Sydney Sings Postponed

Here’s your chance to experience singing at its finest.




ey

Report: United recall players to UK as Premier League eyes restart




ey

Solskjaer: United stars shouldn't play if they're not 'mentally ready'




ey

Tanksley v. Daniels

(United States Third Circuit) - Affirmed the dismissal of a TV producer's complaint alleging that the popular Fox Television series Empire infringed his copyright in a television pilot he had created a decade earlier. Moving to dismiss, the defendants contended that there was no substantial similarity between the two television shows. Agreeing, the Third Circuit affirmed the dismissal of the complaint.




ey

The Estate of Stanley Kauffmann v. Rochester Institute of Technology

(United States Second Circuit) - Reversed and remanded. The court concluded the 44 articles at issue were not works made for hire under the Copyright Act of 1976. District Court’s summary judgement in favor of RIT and denying the motion for partial summary judgement by the Estate reversed. Remanded for further proceedings.




ey

Ticats dump Eskimos in East final, earn 1st Grey Cup berth since 2014




ey

Blue Bombers stun Roughriders, advance to 1st Grey Cup since 2011




ey

107th Grey Cup primer: Can Bombers crush Ticats' dream season?




ey

Banks out for remainder of Grey Cup with lower-body injury




ey

Blue Bombers thump Ticats to win 1st Grey Cup in 29 years




ey

Blue Bombers' Harris wins Grey Cup MVP, Outstanding Canadian




ey

5 biggest plays of the 107th Grey Cup




ey

Rising star keeps eye on the ball

PROMISING cricketer Arjun Nair admits he hears the hype about his cricket, but he just wants his actions to do the talking.




ey

Joke about Nadal injury creates confusion during virtual tourney




ey

Attorney's Process & Investigation Servs., Inc. v. Sac & Fox Tribe of the Miss. in Iowa

(United States Eighth Circuit) - In an action by a company which provides security and consulting services to casino operators, seeking a declaratory judgment that an Indian tribal court lacked jurisdiction and an order compelling arbitration, summary judgment for defendant is affirmed in part where the tribal courts could exercise adjudicatory jurisdiction over the tribe's claims against plaintiff for trespass to land, trespass to chattels, and conversion of tribal trade secrets. However, the judgment is reversed in part where the tribal court did not have jurisdiction under the second Montana exception over the tribe's claim for conversion of tribal funds.




ey

Max’s skills on Sydney FC radar

He is only 13, but Max Conti has his eyes on a career in his beloved football.




ey

Huckey v. City of Temecula

(California Court of Appeal) - Affirmed. The trial court granted City's motion for summary judgment. Plaintiff sued City for injuries from tripping and falling over a defective sidewalk. The trial court ruled that the defect was trivial as a matter of law.




ey

Bakalian v. Central Bank of the Republic of Turkey

(United States Ninth Circuit) - Affirmed. In the absence of the invalidated extension statute, Plaintiffs’ claims seeking compensation for property taken from Plaintiffs’ ancestors during the Armenian Genocide brought under the Foreign Sovereign Immunities Act were barred by the statute of limitations for genocide, war crimes, and crimes against humanity.




ey

Jeffrey Siegel, et al. v. HSBC North America Holdings, Inc. and HSBC Bank USA, N.A.

(United States Second Circuit) - Affirmed. The district court granted Defendants’ motion to dismiss for failure to state a claim. Plaintiffs failed to plausibly allege that the defendants knowingly aided or abetted November, 2005 attacks in Jordan.




ey

Bradley v. ARIAD Pharms., Inc.

(United States First Circuit) - In an investor suit against the company and four corporate officers, following a drop in the share price of the company, alleging securities fraud in violation of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (Exchange Act), 15 U.S.C. sections 78j(b) and 78t(a), as well as the Securities and Exchange Commission's (SEC) Rule 10b-5, 17 C.F.R. section 240.10b-5, the district court's judgment is: 1) affirmed as to the dismissal of the securities fraud counts, except with respect to one particular alleged misstatement for which we find the allegations set forth in the complaint sufficient to state a claim; and 2) affirmed as to the disposition of the plaintiffs' claims under Sections 11 and 15, albeit on different grounds than those articulated by the district court.




ey

Sheley v. Harrop

(California Court of Appeal) - In a dispute involving the control of a pest control company started by decedent, asserting causes of action to recover damages for conversion, breach of fiduciary duty, and aiding and abetting breach of fiduciary duty based on actions taken by defendant (decedent's wife) in cooperation with the decedent, the trial court granted of defendant's anti-SLAPP motion as to plaintiff's intentional infliction of emotional distress claim is: 1) modified by granting defendants' motion to strike the specific claims founded on allegations of protected activity in each remaining cause of action in the cross-complaint; and 2) otherwise affirmed as modified.




ey

ITV Gurney Holding, Inc. v. Gurney

(California Court of Appeal) - Reversing the trial court's order reinstating the Gurneys, the producers of Duck Dynasty, to positions managing the day-to-day operations of the plaintiff company that they once owned and are the minority owners of, who had been fired from their roles as CEOs and removed from management, because the very operating agreement the Gurneys said gave them authority to manage actually gave the company, through its board, the ultimate authority and allowed them to remove the Gurneys from management, but affirming the preliminary injunction allowing them to continue as board members and barring the company from infringing their rights in that position.




ey

IN RE: HUDSON v. ALLEY HOUSING DEVELOPMENT FUND COMPANY

(NY Supreme Court) - 528980




ey

Kelly v. Honeywell Int’l, Inc.

(United States Second Circuit) - Affirmed. Collective bargaining agreement contains unambiguous language vesting welfare benefits and there is a sufficiently serious question as to whether retirees were entitled to lifetime medical coverage. District court’s grant of summary judgement in favor of union retirees is affirmed.




ey

Gupta v. Morgan Stanley Smith Barney LLC

(United States Seventh Circuit) - Affirmed. A former employee alleging discrimination could be compelled to arbitrate his claims because he didn't opt out of the company's arbitration agreement.




ey

Bentley v. AutoZoners, LLC, et al.

(United States Second Circuit) - Affirmed. In appealing an award of summary judgement for the defendants, plaintiff argues she proffered sufficient evidence to raise triable issues of fact in her sex discrimination case. Finding plaintiff’s arguments fail on the merits, the panel affirms.




ey

Franco v. Greystone Ridge Condominium

(California Court of Appeal) - Reversed. Plaintiffs, employees of Defendant, signed an agreement with Defendant requiring binding arbitration of employment disputes after the complaint was filed. The trial court denied Defendant’s motion to compel arbitration agreeing with Plaintiff that the arbitration agreement referred to future claims not the past ones brought by Plaintiff against Defendant. The appeals court disagreed stating that the agreement to arbitrate was clear and there was no qualifying language as to past or future events.



  • Dispute Resolution & Arbitration
  • Labor & Employment Law

ey

North Carolina Dept. of Revenue v. Kimberley Rice Kaestner 1992 Family Trust

(United States Supreme Court) - Clarified the limits of a State's power to tax a trust. Struck down a North Carolina requirement that a trust must pay income tax to the State whenever the trust's beneficiaries live in the State -- regardless of whether the beneficiaries have received, can demand, or will ever receive a distribution of trust income. Justice Sotomayor delivered the opinion for a unanimous Court, in this due process challenge brought by a family trust.




ey

Jacoby & Meyers v. The Presiding Justices

(United States Second Circuit) - In a putative class action challenging on First Amendment grounds New York's rules, regulations, and statutes prohibiting non‐attorneys from investing in law firms, alleging that the infusions of additional capital which the regulations now prevent would enable plaintiffs to improve the quality of the legal services that they offer and at the same time to reduce their fees, expanding their ability to serve needy clients, the district court's dismissal of the complaint is affirmed where plaintiffs fail to allege the infringement of any cognizable constitutional right.




ey

Antelope Valley Groundwater Cases

(California Court of Appeal) - Affirmed the denial of a motion to disqualify another party's counsel in longstanding litigation over groundwater rights. Stressed the movant's long delay in seeking disqualification, in this case where counsel allegedly had a conflict of interest.



  • Water Law
  • Ethics & Professional Responsibility

ey

Abbey House Media, Inc. v. Simon & Schuster, Inc.

(United States Second Circuit) - Affirming the district court's grant of summary judgment that although Apple and a group of major publishers committed an unlawful antitrust conspiracy there was no antitrust injury that resulted.




ey

Disney Enterprises, Inc. v. Vidangel, Inc.

(United States Ninth Circuit) - Affirming a preliminary injunction against a company whose business involved purchasing physical copies of copyrighted movie and television shows, censoring objectionable content, and then ripping digital copies of their edited versions to stream to customers because the Family Movie Act and the anti-circumvention provision of the Digital Millennium Copyright Act did not permit the defendant's activities.




ey

Fox News Network, LLC v. TVEyes, Inc.

(United States Second Circuit) - Reversing a district court order finding fair use in the case of a company that enables clients to view and distribute ten-minute clips of television and radio programs produced by others because whether or not the snippets served a transformational purpose the provision of virtually all of Fox's copyrighted content deprived Fox of copyright revenue and could not be justified as fair use.




ey

Goles v. Sawhney

(California Court of Appeal) - In an appeal from an order specifying the buyout value of plaintiffs' 36.7% minority shareholder interest in Katana Software, Inc. pursuant to Corporations Code section 2000(c), is reversed where: 1) the order is an alternative decree which is appealable pursuant to section 2000(c), under Cotton v. Expo Power Systems, Inc. (2009) 170 Cal.App.4th 1371, 1380; and 2) the trial court undervalued their shares when it 'confirmed' three disparate court-ordered appraisals and averaged the appraisals to determine the fair value of the company.



  • Corporation & Enterprise Law

ey

Bradley v. ARIAD Pharms., Inc.

(United States First Circuit) - In an investor suit against the company and four corporate officers, following a drop in the share price of the company, alleging securities fraud in violation of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (Exchange Act), 15 U.S.C. sections 78j(b) and 78t(a), as well as the Securities and Exchange Commission's (SEC) Rule 10b-5, 17 C.F.R. section 240.10b-5, the district court's judgment is: 1) affirmed as to the dismissal of the securities fraud counts, except with respect to one particular alleged misstatement for which we find the allegations set forth in the complaint sufficient to state a claim; and 2) affirmed as to the disposition of the plaintiffs' claims under Sections 11 and 15, albeit on different grounds than those articulated by the district court.




ey

Sheley v. Harrop

(California Court of Appeal) - In a dispute involving the control of a pest control company started by decedent, asserting causes of action to recover damages for conversion, breach of fiduciary duty, and aiding and abetting breach of fiduciary duty based on actions taken by defendant (decedent's wife) in cooperation with the decedent, the trial court granted of defendant's anti-SLAPP motion as to plaintiff's intentional infliction of emotional distress claim is: 1) modified by granting defendants' motion to strike the specific claims founded on allegations of protected activity in each remaining cause of action in the cross-complaint; and 2) otherwise affirmed as modified.




ey

Charney v. Standard General

(California Court of Appeal) - In a suit brought by the former CEO of American Apparel whose employment was terminated following an investigation into allegations that he engaged in various types of misconduct, alleging several causes of action rooted in plaintiff's claim that the press release announcing his termination contained false and defamatory information about him, the trial court's grant of defendant's order granting an anti-SLAPP motion, Code Civ. Proc. section 425.16, is affirmed where plainitiff did not satisfy his burden of showing there was a minimal chance his claims would succeed at trial.




ey

ITV Gurney Holding, Inc. v. Gurney

(California Court of Appeal) - Reversing the trial court's order reinstating the Gurneys, the producers of Duck Dynasty, to positions managing the day-to-day operations of the plaintiff company that they once owned and are the minority owners of, who had been fired from their roles as CEOs and removed from management, because the very operating agreement the Gurneys said gave them authority to manage actually gave the company, through its board, the ultimate authority and allowed them to remove the Gurneys from management, but affirming the preliminary injunction allowing them to continue as board members and barring the company from infringing their rights in that position.




ey

Coley v. DirectTV, Inc.

(United States Fourth Circuit) - Affirming the district court's ruling holding a man liable for a fraudulent scheme involving the unauthorized transmission of DIRECTV's television programming and the entry of a judgment for over two million dollars and permitting the reverse veil piercing of three limited liability companies in order to satisfy the judgment.




ey

Hensley v. San Diego Gas & Electric Co.

(California Court of Appeal) - In a case in which the Court of Appeals previously dismissed the appeal of plaintiffs from a nonappealable stipulated judgment pursuant to a settlement agreement, and the parties entered into an amended stipulated judgment, the trial court's decision is reversed where: 1) the amended stipulated judgment is final and appealable and the court's opinion, with respect to the trespass and nuisance claims only, is not advisory; 2) on the merits, plaintiffs were legally entitled to present evidence of plaintiff's emotional distress on their claims for trespass and nuisance as annoyance and discomfort damages recoverable for such torts; and 3) the trial court excluded evidence of emotional distress damages in their entirety.




ey

Thacker v. Tennessee Valley Authority

(United States Supreme Court) - Held that the Tennessee Valley Authority is subject to suits challenging any of its commercial activities, just as if it were a private corporation supplying electricity. The TVA insisted that, as a government-owned corporation, it has sovereign immunity from all tort suits arising from its performance of so-called discretionary functions. However, the U.S. Supreme Court disagreed in a unanimous opinion delivered by Justice Kagan.




ey

Belk, Inc. v. Meyer Corp., U.S.

(United States Fourth Circuit) - In litigation over competing lines of high-end cookware in which the appellees claimed trade dress infringement and unfair and deceptive trade practices, the district court's judgment in favor of the appellees is affirmed, where: 1) the appellant's failure to move pursuant to Rule 50(b) forfeited its challenge on appeal to the sufficiency of the evidence; 2) the district court did not abuse its discretion in qualifying an expert or in admitting his testimony and survey; 3) the appellant engaged in unfair and deceptive trade practices as a matter of law; 4) the infringement was not innocent or unintentional, and the unfair and deceptive trade practices statutes covered it; and 5) the trial judge properly treated the award of profits as damages subject to trebling under state statute.




ey

People v. Holley

(Court of Appeals of New York) - Conviction for attempted robbery and two counts of assault is affirmed where the People met their burden to rebut a presumption of an unduly suggestive array after failing to preserve the computer-generated array of photographs that led to defendant's identification. The court expressly extended the presumption of suggestiveness to the People's failure to preserve a record of computer-generated photo arrays.



  • Criminal Law & Procedure

ey

Reyes v. Fischer

(United States Second Circuit) - Affirmed in part. The panel affirms that an administratively imposed term of post-release supervision deprived plaintiff of her due process rights, and defendants do not have qualified immunity.