On Thursday, February 27, 2020, the Sixth Circuit affirmed dismissal of an NCAA referee’s lawsuit against a Kentucky radio station for allegedly inciting harassment against him and his roofing business through its coverage of...more
On October 24, 2018, the Indiana Supreme Court ruled that online fantasy sports operators, DraftKings, Inc. and FanDuel, Inc., were permitted to use former collegiate athletes’ names, pictures, and statistics without their...more
10/30/2018
/ Appeals ,
Athletes ,
College Athletes ,
DraftKings ,
FanDuel ,
Fantasy Sports ,
First Amendment ,
IN Supreme Court ,
Motion to Dismiss ,
Name and Likeness ,
Online Gaming ,
Putative Class Actions ,
Question of Fact ,
Right of Publicity ,
Websites ,
Without Consent
On August 4, 2016, the Fifth Circuit declined a pro se plaintiff’s invitation to reconsider the merits of his claim and instead confirmed the arbitration award against him under the Federal Arbitration Act’s standard of...more
On June 23, 2016, the UK held a referendum, and a slim but sufficient 51.9% majority voted in favor of the UK leaving the European Union. With the change comes some political upheaval as Prime Minister David Cameron announced...more
On May 5, 2016, the Fifth Circuit forecasted whether a non-contractual indemnity claim under Mississippi law should be premised on agency or tort theory. In David v. World Marine, L.L.C., No. 15-30464, 2016 WL 2609791, 2016...more
The Department of Labor recently enacted rules that require financial advisers and brokers handling individual retirement and 401(k) accounts to act in the best interests of their clients. The much-anticipated rules have...more
The battle over the DOL’s efforts to implement a new law that will impose a fiduciary standard on anyone giving retirement advice continues with some now questioning whether critics of the law really believe its effects will...more
On December 3, 2015, a jury empaneled in the United States District Court for the Southern District of West Virginia convicted Donald L. Blankenship of conspiracy to violate federal safety standards, and although he will...more
The SEC recently reached a settlement with New York-based private equity firm, Fenway Partners, LLC, and four executives related to charges that Fenway Partners and several of its executives (“Respondents”) failed to disclose...more
The Department of Labor is pressing forward in its efforts to impose a fiduciary standard on anyone giving retirement investment advice. A fiduciary standard would require every retirement investment adviser to put the...more
On September 3, 2015, gun maker Colt Defense announced that the company and its creditors are close to finalizing a deal that will rescue the company out of bankruptcy. “It’s fair to say the parties are very close to a deal,”...more
Section 5 of the 1914 Federal Trade Commission Act declares that “unfair methods of competition in or affecting commerce” are unlawful. The Act also empowers the Commission to prevent persons, partnerships, and corporations...more
On July 2, 2015, BP reached an agreement in principle with five Gulf States to settle claims against the company arising from the Deepwater Horizon oil spill in 2010. This marks the largest environmental settlement in...more
On May 14, 2015, the Florida Supreme Court held that a government-created insurance company, Citizens Property Insurance Corporation, was immune from statutory first-party bad faith claims. The Florida Legislature created...more
On April 7, 2015, the Fifth Circuit affirmed the Southern District of Texas’ decision to vacate an arbitration award rendered in a dispute involving two separate contracts – one which was to be governed by the Commercial...more
A federal district court judge granted preliminary approval of a $10 million settlement in an action brought by a class of Target patrons who allege injury resulting from a massive data breach in November and December of...more
Recently, Lance Armstrong attracted national attention when an arbitration panel in Texas ordered him to pay $10 million in sanctions to a promotions company for lying about his use of performance-enhancing drugs to win the...more