First up, we have another big decision in antitrust litigation against Visa Inc. and Mastercard Inc. over swipe fees. Chief U.S. District Judge Margo Brodie in Brooklyn found that groups of retailers raised triable questions as to whether they directly pay interchange fees and are direct purchasers of card-acceptance services, denying the credit card companies’ motion for summary judgment. The decision was issued under seal last month and was made public last week. Visa, in a recent securities filing, said the range of damages the plaintiffs are seeking through 2022 is between $25 and $35 billion, prior to any trebling. Plaintiffs’ counsel includes Steig Olson, Alicia Cobb and David Leray of Quinn Emanuel Urquhart & Sullivan, who represent Home Depot. Robert Eisler and a team Grant & Eisenhofer, who represent retailers seeking equitable relief. Jeff Shinder of Constantine Cannon, represents 7-Eleven alongside colleagues Owen Glist, Taline Sahakian and Ankur Kapoor. Litigators at Vorys, Sater, Seymour and Pease and Gibbs & Bruns represent Target.

Three men accused of conspiring to sell handwritten lyrics allegedly stolen from Eagles co-founder Don Henley secured a dismissal of all charges last week from the Manhattan district attorney’s office, a week and a half into trial. After defense counsel received 6,000 pages of previously withheld material midtrial, Manhattan Supreme Court Justice Curtis Farber said at a hearing last week that Henley and his lawyers had used attorney-client privilege “to obfuscate and hide information that they believed would be damaging to their position that the lyric sheets were stolen.” Rare book dealer Glenn Horowitz was represented by Jonathan Bach, Avery Medjuck and Jason Driscoll of Shapiro Arato Bach. Rock & Roll Hall of Fame curator Craig Inciardi was represented by Stacey Richman of Richman Hill & Associates. Auctioneer Edward Kosinski was represented by Milbank partners Scott Edelman and Matthew Laroche, and associates Lacey Reimer and Jeremy Wertz.

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