(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.

(California Court of Appeal) - In defendants' petition for a writ of mandate directing the trial court to vacate both its order finding real-party-in-interest did not waive the attorney-client privilege as it applied to an e-mail inadvertently turned over during discovery, and the court's order disqualifying a law firm from representing defendants in the underlying lawsuits, the petition is denied where, regardless of how the attorney obtained the documents, whenever a reasonably competent attorney would conclude the documents obviously or clearly appear to be privileged and it is reasonably apparent they were inadvertently disclosed, the State Fund rule requires the attorney to review the documents no more than necessary to determine whether they are privileged, notify the privilege holder the attorney has documents that appear to be privileged, and refrain from using the documents until the parties or the court resolves any dispute about their privileged nature.

(Supreme Court of California) - Held that a dispute over legal fees should not have been submitted to arbitration because the arbitration clause in the parties' agreement was unenforceable. A law firm recovered its outstanding fees through arbitration after it was disqualified from a case due to a conflict of interest. On review, however, the California Supreme Court held that the matter should never have been arbitrated because the law firm's failure to disclose a known conflict rendered its agreement with its client, including the arbitration clause, unenforceable as against public policy. The high court also held that the conflicts waiver the client signed was ineffective.

(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.

(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.

(United States DC Circuit) - Held that the federal government could not block a proposed merger between AT&T and Time Warner. The government had sued to enjoin the vertical merger on the basis that it would have anticompetitive effects. However, the D.C. Circuit agreed with the district court's conclusion that the government's evidence was insufficient, and affirmed the denial of a permanent injunction.

(United States Ninth Circuit) - Reversing a district court judgment to the plaintiffs following a bench trail in an action under the Multiemployer Pension Plan Amendment Act because the plaintiffs were required to assume the unpaid withdrawal liability of their predecessor to a multiemployer pension plan, a constructive notice standard applied and a reasonable purchaser would have been aware of the liability.

(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.

(California Court of Appeal) - Reversed an order denying summary judgment to plaintiff as to punitive damages. A devastating wildfire started when a tree came into contact with overhead powerlines. The real parties in interest claimed that plaintiff (PG&E) was responsible and sought punitive damages. PG&E had sought summary judgment as to the punitive damages claim which was denied by the trial court.

(United States Second Circuit) - Affirmed that a maritime lien had been extinguished by laches in a case where a Cypriot fuel supplier sought to enforce its lien against a Maltese company's vessel. In affirming the lower court's finding that the lien was barred by laches, the Second Circuit also recognized that federal courts have jurisdiction to declare a maritime lien unenforceable, even where the vessel is not present in the district, so long as its owner consents to adjudication of rights in the lien and the court also found no need for abstention on the basis of international comity, even though an in-rem proceeding was pending in Panama regarding the same lien.

(United States Fifth Circuit) - In a trademark dispute alleging that defendant infringed trademarks by selling t-shirts with several universities' color schemes and other identifying indicia referencing the games of the schools' football teams, summary judgment for plaintiffs is affirmed where: 1) the color schemes had secondary meaning and, although unregistered, were protectible marks; 2) there was a likelihood of confusion connecting the marks and the universities themselves; 3) the marks at issue were nonfunctional and thus subject to Lanham Act protection; 4) defendants' use of the marks was not a nominative fair use; 5) the defense of laches did not apply; 6) actual confusion was not a prerequisite to an award of money damages; and 7) plaintiffs were not entitled to attorneys' fees.

(United States Fifth Circuit) - In a trademark dispute alleging that defendant infringed trademarks by selling t-shirts with several universities' color schemes and other identifying indicia referencing the games of the schools' football teams, summary judgment for plaintiffs is affirmed where: 1) the color schemes had secondary meaning and, although unregistered, were protectible marks; 2) there was a likelihood of confusion connecting the marks and the universities themselves; 3) the marks at issue were nonfunctional and thus subject to Lanham Act protection; 4) defendants' use of the marks was not a nominative fair use; 5) the defense of laches did not apply; 6) actual confusion was not a prerequisite to an award of money damages; and 7) plaintiffs were not entitled to attorneys' fees. (Revised opinion)

(United States Seventh Circuit) - In plaintiff's suit against its insurer, arising from an underlying suit against the plaintiff over its marketing of Christmas lights for copying packaging design and for using false and deceptive language, district court's judgment is affirmed where: 1) the insurer had, but did not breach, a duty to defend; 2) the district court properly declined to require the insurer to reimburse plaintiff's contract indemnitee's expenses; but 3) the case is remanded to resolve whether the insurer owes prejudgment interest on litigation expenses and reimbursement for the settlement expenses in the underlying suit.

(United States Federal Circuit) - Affirmed in part and vacated in part a patent infringement final judgment. Polara, a manufacturer of accessible pedestrian signal systems, filed suit against its competitor Campbell and prevailed after a trial on certain infringement claims. On appeal, the Federal Circuit affirmed the district court's denial of Campbell's JMOL motion but vacated the enhanced damages award and remanded for further proceedings.

(Court of Appeals of New York) - Answering a certified question from the U.S. Court of Appeals for the Second Circuit, the Court held that New York common law does not recognize a right of public performance for creators of sound recordings and answered the Second Circuit's question in the negative.

(United States Seventh Circuit) - Reversed. Prison officials sued for Eighth Amendment violations over their refusal to provide gender reassignment surgery to a prisoner were entitled to qualified immunity because caselaw did not clearly put them on notice their action was unconstitutional.

(California Court of Appeal) - In a government contractor's claim for an equitable adjustment arising out of its fixed price indefinite delivery contract with the Defense Logistics Agency (DLA)’s Defense Reutilization and Marketing Service (DRMS), the Court of Federal Claims' denial of the claim is reversed where: 1) the Claims Court's findings that DRMS did not inadequately or negligently prepare its estimates and that Agility did not rely on those estimates are clearly erroneous; and 2) Plaintiff’s receipt of scrap sales and the parties' agreement to clause H.19 do not preclude plaintiff from recovering under this claim.

(United States Third Circuit) - In a case arising from a bitter bidding dispute for a contract to strip and repaint the Commodore Barry Bridge, in which the contracting agency rejected the lowest bidder-plaintiff because it determined that plaintiff was not a 'responsible' contractor, the district court's judgment in favor of plaintiff is: 1) affirmed in part where the district court did not err in ruling that defendant acted arbitrarily and capriciously; but 2) vacated in part where the district court abused its discretion in directing defendant to award the contract to plaintiff.

(United States Third Circuit) - Affirmed, in large part, an attorney fee award in a False Claims Act action that had been resolved by settlement. After the defendant agreed to settle the case, the plaintiff (qui tam relator) was entitled to recover his reasonable attorney fees as a prevailing party. He appealed arguing that the district court's fee award was too low. The Third Circuit rejected his arguments and affirmed the award except in one narrow respect: on remand the trial court must decide how much to award him in fees for the time spent litigating his fee petition.

(California Court of Appeal) - Affirmed that a school district failed to take the proper steps to enact a fee on new residential development within the district to fund the construction of school facilities. Held that the fee study did not contain the data required to properly calculate a development fee.

(United States Seventh Circuit) - Held that the Social Security Administration made errors in evaluating a woman's eligibility for disability insurance benefits and supplemental security income. The issue related to whether her bipolar disorder and other conditions limited her concentration, persistence and pace. Vacated and remanded to the agency for further proceedings.

(United States Fifth Circuit) - Affirmed. The jury award of more than $43 mil. for the breach of a Joint Operating Agreement relating to the plugging and abandonment operation of offshore oil and gas wells in the Gulf of Mexico was affirmed because the application of Louisiana Civil Code and interpretation of the contract was appropriate. No bad faith offset entitlement was found.

(United States First Circuit) - In a case involving a dispute over an unwritten and allegedly exclusive distributorship agreement between plaintiff and Hormel Foods Corp. under Puerto Rico's Dealer's Contracts Act (Law 75), P.R. Laws Ann. tit. 10 sections 278-278e, the district court's judgment is: 1) affirmed in part where plaintiff's exclusivity claim as presented is time-barred; and 2) reversed in part where the statute of limitations bar to recovery extends to plaintiff's Costco-related claim as well.

(United States Ninth Circuit) - In an action brought by produce growers under the Perishable Agricultural Commodities Act (PACA), brought by growers who sold their perishable agricultural products on credit to a distributor, thereby making the distributor a trustee over a PACA trust holding the perishable products and any resulting proceeds for the growers as PACA-trust beneficiaries, the district court's summary judgment in favor of the defendant is affirmed where pursuant to Boulder Fruit Express & Heger Organic Farm Sales v. Transp. Factoring, Inc., 251 F.3d 128 (9th Cir.2001), a commercially reasonable factoring agreement removes accounts receivable from the PACA trust without a trustee's breach of trust, thus defeating the growers' claims.

(United States Ninth Circuit) - In a lawsuit alleging that federal agencies acted arbitrarily and capriciously in dismissing plaintiffs' rulemaking petitions, which requested that each agency promulgate regulations that would require all egg cartons to identify the conditions in which the egg-laying hens were kept during production, the district court's summary judgment in favor of federal agencies is affirmed where: 1) the Food Safety and Inspection Service did not act arbitrarily or capriciously in denying plaintiffs' rulemaking petition because the agency correctly concluded that it lacked authority to promulgate plaintiffs' proposed labeling regulations for shell eggs: 2) the Agricultural Marketing Service did not act arbitrarily or capriciously in denying plaintiffs’ rulemaking petition because the agency correctly concluded that it lacked the authority to promulgate mandatory labeling requirements for shell eggs; 3) the Federal Trade Commission did not act arbitrarily or capriciously in denying plaintiffs' rulemaking petition; and 4) the Food and Drug Administration barely met its low burden to clearly indicate that it considered the potential problem identified in plaintiffs' petition, and provide a reasonable explanation for not initiating rulemaking.

(United States Seventh Circuit) - Reversed. Prison officials sued for Eighth Amendment violations over their refusal to provide gender reassignment surgery to a prisoner were entitled to qualified immunity because caselaw did not clearly put them on notice their action was unconstitutional.

(United States Seventh Circuit) - Affirmed. The district court dismissal of a workplace harassment suit was affirmed because after harassment was reported the company swiftly investigated and fired the harasser. No evidence was presented to support allegations of harassment in the victim's subsequent dismissal.

(United States Fifth Circuit) - Vacated. The district court erred in finding that plaintiffs lacked standing under Delaware law to bring a direct action against investment advisors instead of initiating a derivative action. They only need to plead an arguable position that they were not relegated to derivative actions.

(United States Ninth Circuit) - In an SEC enforcement action arising from the activities of a company described as a "sham incubator for startup companies", summary judgment ruling against defendant is affirmed in part and reversed and remanded in part where: 1) the district court correctly found that defendant was an underwriter under section 2(11) of the Securities Act of 1933, and therefore not exempt from the the Act's registration requirements; 2) it did not err in ordering that defendant disgorge all profits, with interest, he obtained from certain transactions; but 3) genuine issues of material fact precluded summary judgment as to the imposition of certain civil sanctions.

(United States Sixth Circuit) - In a company's suit under section 301 of the Labor Management Relations Act (LMRA) to vacate or modify the arbitration award against it, district court's grant of summary judgment in favor of the union is affirmed where: 1) the arbitrator did not exceed his authority by interpreting the CBA in a way that allowed the company to be found liable for a breach; 2) the arbitrator did not exceed the scope of his authority to decide a representational issue in this case because the arbitrator's successor decision was permissible in furtherance of his interpretation of the CBA; 3) the award's remedy does not violate public policy; and 4) the arbitrator did not dispense his own brand of industrial justice.

(United States First Circuit) - In this case, plaintiff-software-company hired defendant-bank to assist it in finding an acquisition partner. The acquisition partner later was found to have fraudulently overstated its earnings, and bankruptcy ensued for the merged company, after which the present litigation followed, alleging various common-law claims including gross negligence, intentional and negligent misrepresentation, breach of fiduciary duty, and unfair or deceptive acts in violation of Mass. Ben. Laws ch. 93A. Judgment finding defendant not liable on all claims is affirmed, where: 1) defendant's conduct, even if sloppy and unforthcoming, was not unfair or deceptive, the factual findings are supported by the record, and the court correctly applied the ch. 93A legal standard to those findings; and 2) there were no other errors, and even if there were, those errors were harmless.

(United States Second Circuit) - In a dispute arising out of a merger, and in light of Delaware Supreme Court's answer to a certified question that plaintiff was not required to bring its breach of contract claim as a derivative action, the district court's grant of summary judgment in favor defendant is vacated where plaintiff is not barred from pursuing its claim directly.

Inspired By The Events Of Los Angeles Summer 1969 Emotional Debris Introduces 2 Catchy Rock Records In Line With Quentin Tarantino's New Epic 'Once Upon A Time In Hollywood'

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Lemon Slice Records Has Released Speakeasy, The New Album By Luke & The Belleville, A Masterly Integration Between The Swing Of The 1930s And The Most Modern Rhythms And Sounds Of Electronic Music.

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Blurring The Lines Between Hip Hop & Trap, Swagger Adds Attitude To Your Tracks

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(United States Federal Circuit) - Affirming the judgment that Merck, initially defending its patent on Hepatitis C drugs against a competitor seeking to have them found invalid, who successfully counter-sued for infringement, had unclean hands regarding the patents and was properly barred from asserting its patents and awarded attorney fees to the plaintiff.

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President Donald Trump's re-election campaign blasted California Gov. Gavin Newsom's (D-CA) executive order allowing registered voters in the state to vote by mail in the November election, calling it a "thinly-veiled political tactic" aimed at undermining election security. 

(United States Second Circuit) - In a copyright infringement suit brought by the company that owns the recordings of the Turtles, a well-known rock band with a string of hits in the 1960s, on behalf of itself and a class of owners of pre-1972 recordings against largest radio and internet-radio broadcaster in the U.S., the district court's denial of defendant's motions for summary judgment and reconsideration is reversed where, in response to questions certified to the New York Court of Appeals, New York common law does not recognize a right of public performance for creators of pre-1972 sound recordings.

ASM Completes Its 150th Film Score And Retains Jonathan Firstenberg As North American Rep

British Author/Musician MICHAEL MOORCOCK Releases Live At The Terminal Café.

Rocking Horse Music Club Presents The Music Of Anthony Phillips Feat. Guest Appearances By Steve Hackett, John Hackett, Nick Magnus, Kate St. John, John Helliwell & Others.

(Supreme Court of California) - Affirmed. Plaintiff successfully brought an action against Defendant for contract-based and statutory remedies for nonpayment of wages. On appeal Plaintiff sought to hold Defendant personally liable under a theory of common law conversion. The appeals court held that such a conversion claim is not the appropriate remedy.