Live from DC, It's SCOTUS, NY Bar Exam Plan Sparks Pushback, 3M's Show Cause Hearing: The Morning Minute
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May 04, 2020 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
STREAMING - For the first time in history, the U.S. Supreme Court is set today to begin hearing arguments via teleconferencing—with audio streamed live to the public. Following steps taken by many federal and state courts in response to the coronavirus pandemic, the justices have scheduled six days of remote arguments over the next two weeks. Set for 10 a.m. is a case involving Booking.com. At issue is whether generic terms can become protected trademarks by the addition of a ".com" domain. Erica Ross, an assistant to the solicitor general, will be up first. Williams & Connolly's Lisa Blatt will argue next, for Booking.com.
NO ROOM - The decision by New York bar authorities to prioritize graduates of the state's 15 law schools for the rescheduled September bar exam has sparked opposition from law deans at top schools outside New York. Karen Sloan reports that the deans from the T-14 schools (excluding those in NY) and several others have fired off of a letter to NY Chief Judge Janet DiFiore, following an announcement last week by NY bar examiners that because of test crowding concerns amid the pandemic, the board will accept bar exam applications only from NY law school grads May 5-15. If space remains, the board would then open up applications to non-NY grads.
UNMASKED – A show cause hearing is set for this morning in a federal price-gouging lawsuit brought by 3M accusing a New Jersey company of trying to sell 3M's N95 masks for up to 600% of the list price. Judge Loretta A. Preska in New York's Southern District has ordered Performance Supply to explain why the court should not enter a preliminary injunction preventing it from using 3M's name and trademarks. The suggested list price of the two types of 3M N95s involved in this case is $1.02 to $1.31, but Performance Supply offered to sell 7 million masks to New York City at a rate of more than $6 per mask, according to court papers.
EDITOR'S PICKS
Summer of Our Discontent: Big Law Associate Programs Get Major Overhaul
Remote Work During COVID-19 Has Law Firms Wondering: How Much Real Estate Do We Really Need?
Demand for In-House Contract Lawyers Is Rising From COVID-19 Business Disruptions
From General Counsel to President: A Q&A with Crawford & Company's Joseph Blanco
A Miami Lawyer Collapsed in Court, Then Learned She Had a Rare Illness That Left Her Paralyzed
Davis Polk Doubles Down Against Ex-Associate in Race Bias Suit, Citing 'Deficient' Performance
WHILE YOU WERE SLEEPING
HARD TIMES – While the number of new coronavirus cases in Hong Kong has dropped to zero, law firms there are still struggling from the economic pain caused by the pandemic as well as from last year's disruptive demonstrations protesting China's increasing control over the territory. Those protests are expected to resume. Vincent Chow reports that at least a half dozen firms have resorted to cost-cutting measures such as downsizing or placing employees on unpaid leave to stay afloat. At the same time, U.K.-based Osborne Clarke and U.S.-based Orrick have shut down their Hong Kong operations amid the cumulative crisis.
WHAT YOU SAID
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Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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