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National Law Journal

Judge Sounds Alarm Over Persistent Circuit Split on 'Favorable Termination' Rule

The rule, established in the Supreme Court's 1994 decision 'Heck v. Humphrey,' bars people from bringing civil rights suits without first showing their conviction has been reversed, set aside or expunged. Circuits are divided over whether that rule applies to plaintiffs no longer in prison.
5 minute read

National Law Journal

Latham & Watkins Secures Breach-of-Contract Damages in CoStar CRE Database Access Lawsuit

"We are delighted that the Court is entering a permanent injunction prohibiting Leon Capital and Tiltbot from engaging in further wrongdoing, and ordering that they pay $10,000 each time they access the database and $50,000 for each record they download in violation of that injunction," CoStar said in a statement shared by Latham & Watkins.
3 minute read

The Recorder

Isaac Hayes Estate Secures Preliminary Injunction to Stop Trump's Use of 'Hold On, I'm Coming'

A U.S. District Court in Atlanta says the plaintiffs could be harmed by having the song associated with Trump. It rejected the defense's argument that use of the song was political speech.
4 minute read

National Law Journal

Law Clerks Can't Seek Post-Clerkship Jobs With Political Orgs, Ethics Guidance Says

"A law clerk who applies for a job with a political organization risks linking the judge's chambers to political activity, which could compromise the independence of the judiciary," the advisory opinion states.
2 minute read

National Law Journal

Biotech CEO Sent $1M in Crypto to Wrong Wallet. Now He's Suing the Issuer for Its Return

"This is an attempt to deviate from that precedent," said Daniel Maland, the immediate-past co-chair of the Florida Bar Business Law Section Blockchain and Digital Assets Committee. "They're trying to hold crypto exchanges accountable to a different standard."
4 minute read

National Law Journal

Corporate Money Blurs Line Between Experts, Advocates in the Antitrust Space, Kanter Says

"I fear that as the line blurs between expertise and advocacy, we risk losing expertise altogether," said Jonathan Kanter, the U.S. Department of Justice's antitrust chief.
3 minute read

National Law Journal

'Anticompetitive Scheme?': Tyson Foods Faces Missouri Antitrust Class Action in Chicken Plant Dispute

"Defendants' anticompetitive conduct has restrained competition for the purchase of broiler chicken farmer services in the Dexter, Missouri geographic area," according to the allegations in the complaint filed against Tyson Foods in Missouri state court.
3 minute read

National Law Journal

Employers Should Narrowly Tailor Noncompetes to Pass Scrutiny, Say Trade-Secrets Attorneys

"If you have a noncompete in any circumstance that is fast and broad, not tailored to the circumstances at issue and has some lengthy time period, then you're at risk in all of those circumstances," said Jess Krannich, a partner at Wilson Sonsini.
4 minute read

Corporate Counsel

Natalie Black Kohler, Legal Chief of Bath-Fixture Giant for 26 Years, Dies at 74

Black Kohler was legal chief and her husband, Herbert V. Kohler ]r., was CEO during a golden age for the plumbing products manufacturer, which today is one of the largest privately owned companies in the country.
3 minute read

New York Law Journal

Caroline Ellison Requests Time-Served for 'Extensive' Cooperation Against Sam Bankman-Fried

Sentencing is currently scheduled for Sept. 24 before U.S. District Judge Lewis Kaplan of the Southern District of New York.
3 minute read

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