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An appellate court ruled on Thursday that the Federal Aviation Act preempts the state regulation of all airlines. The decision came in a long-running litigation in which major carriers have been accused of conspiring to keep cargo shipping rates artificially high.
Electronic Arts has invoked a California law designed to protect citizens' constitutional rights to lash back at rival Zynga in the gamemakers' ongoing legal tussle in federal court. The dispute between the competitors has become increasingly combative since EA sued Zynga for copyright infringement. The latest fusillade came Friday as EA asked a judge to throw out Zynga's counterclaim and award fees and costs under California's anti-SLAPP law.
Yes, Virginia, There Is Jurisdiction
Be careful what you type next time you log on to your favorite Internet chat room or newsgroup. At least, that's the message sent by a federal judge in the Eastern District of Virginia earlier this summer. Judge T.S. Ellis III held that a court in Virginia possessed personal jurisdiction in a defamation case brought by a Virginia resident against two out-of-state defendants based solely on the location of the server from which the defamatory messages were sent.Grokster: Safe Harbor Shrinking
Lawyers with teenage children have probably heard of Grokster, but now lawyers may be hearing from clients, not about Grokster itself, but about what the U.S. Supreme Court case by the same name could mean for their businesses. Theodore F. Shiells and Dustin M. Mauck describe how the Court's Grokster decision found that the safe-harbor provision established in Sony did not necessarily foreclose liability for actively inducing users' infringement.L.A. Firms' Dirty Little Secret: Hourly Rates
The big firms are getting used to announcing gross revenues that have become, well, gross. They're begrudgingly willing to talk about partner draws that are moving to the million-dollar neighborhood. What the big law firms are still downright shy about are the building blocks of all that filthy lucre: billing rates. Los Angeles insiders don't want to go on the record about charging $500 for partners. Why? "When you start raising rates, you change the way lawyers view each other," says one recruiter.Accidental Expatriates: Potential Global Mobility Hazard
A significant issue facing global corporations is the potential for liability created by "accidental expatriates" — employees who travel overseas on what are intended to be brief business trips or short assignments, write Erika Collins and John Hamlin. They are usually not included in their organization's global mobility expatriate programs, and whose time overseas is extended long enough or cumulates over time to bring about potential violations of host country immigration, tax and Social Security laws. Recently, the instances of accidental expatriates are on the rise. There are several reasons for the increase in these types of employees.GM Obstructed Justice but Didn't Induce Witness To Lie
General Motors and its lawyers obstructed justice in shielding documents related to fuel-fed fires in its vehicles, but did not suborn perjury, a Fulton judge ruled. The ruling Tuesday stems from allegations the automaker and its lawyers committed various crime and frauds in concealing the existence and contents of a 1973 engineer's report. Brogdon wrote that he found no evidence that GM, its in-house lawyers or outside counsel caused or influenced the engineer to lie at deposition.In Win for Gucci, Judge Says Privilege Applies to Lawyer Who's Not 'Active'
That sound you hear is a sigh of relief from GCs across the country: A judge has ruled that Gucci's talks with its (now fired) in-house lawyer are protected by privilege — even though he was an inactive member of the California bar.American Airlines and US Airways are pushing back hard against the U.S. Department of Justice, filing court papers blasting the government’s bid to block their pending $11 billion merger.
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