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Indie Labels Represent Over A Third Of Global Recorded Music Market

Independent Record Labels Now Represent 38.4% Of Global Recorded Music Market Share In 2016 With Global Revenues In Excess Of $6bn




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Sound Royalties Unearths Millions In Undistributed Royalties

Nearly $14 Million In Undistributed Royalties Has Been Found By Music-focused Finance Firm Sound Royalties




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Puma Unveils Drum Machine Inspired Sneaker

Legendary Roland 808 Drum Machine Inspires New PUMA Sneaker Style




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How lobbyists and panicked Denverites kept liquor stores and marijuana dispensaries open during coronavirus

A large lobbying effort mobilized almost immediately. Conducted outside the public’s view, its goal was to keep hundreds of stores open, thousands of Denverites employed, and entire industries functioning across the city.





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Federal judge in Denver rules funding cannot be withheld from law enforcement by using immigration-related terms in grants

The U.S. Justice Department can not withhold millions of dollars in federal funding to Colorado law enforcement agencies by attaching immigration-related terms and conditions to securing the grants according to a federal judge's ruling.




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$558 million in federal coronavirus help arrives on Colorado’s Front Range

In some cases, cities and counties have been hesitant to spend the emergency appropriations, because the federal government hasn't told them exactly how to.




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North American Soccer League, LLC v. United States Soccer Federation, Inc.

(United States Second Circuit) - Affirming the denial of the North American Soccer League's motion for preliminary injunction seeking Division II designation pending the resolution of its antitrust case against the United States Soccer Federation because they had failed to demonstrate a clear likelihood of success on the merits of their claim.




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Chamber of Commerce of the United States of America v. City of Seattle

(United States Ninth Circuit) - Reversing a district court dismissal of claims that an ordinance authorizing collective bargaining between driver coordinators like Uber and Lyft violates and is preempted by the Sherman Antitrust Act because the act sanctions price fixing by private cartels of independent contractor drivers but affirming the dismissal of claims that the ordinance was preempted by the National Labor Relations Act and remanding for further proceedings.




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Anderson News, L.L.C. v. American Media, Inc.

(United States Second Circuit) - Affirmed that magazine publishers did not violate antitrust laws by trying to drive a wholesaler out of business. The wholesaler delivered magazines to retail stores and it alleged that when it tried to impose a surcharge on the publishers in 2009, they conspired to boycott and drive the wholesaler out of business. On appeal, the Second Circuit found that the wholesaler had presented insufficient evidence of a boycott scheme to survive summary judgment. The panel also affirmed summary judgment against the publishers' counterclaims.




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Gold Medal LLC v. USA Track and Field

(United States Ninth Circuit) - Affirmed that the U.S. Olympic Committee and USA Track and Field did not violate antitrust law by imposing advertising restrictions during the Olympic Trials. A chewing gum company that wished to pay to display its logo on athletes' apparel brought this suit to challenge the advertising restrictions. Rejecting the company's arguments, the Ninth Circuit held that the defendant organizations were entitled to implied antitrust immunity on the basis that their advertising restrictions were integral to performance of their duties under the Ted Stevens Olympic and Amateur Sports Act.




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United Food and Commercial Workers Unions v. Novartis Pharmaceutical Corp.

(United States First Circuit) - Affirmed the dismissal of two putative antitrust class actions alleging that a pharmaceutical company took steps to block the entry of generic versions of its leukemia-treatment drug into the U.S. market. The plaintiffs, including several labor union benefit funds, claimed that the drugmaker engaged in anticompetitive conduct by bringing sham infringement lawsuits against manufacturers trying to enter the market with generic versions of that drug. Dismissing the complaints, the district court held that the plaintiffs had not plausibly alleged their claims, and the First Circuit affirmed.



  • Antitrust & Trade Regulation
  • Health Law
  • Drugs & Biotech

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Federal Trade Commission v. AMG Capital Management, LLC

(United States Ninth Circuit) - Held that the Federal Trade Commission Act could support an order compelling an online payday lender to pay more than $1 billion in monetary relief for unfair business practices. Two of the judges on the Ninth Circuit panel filed a concurring opinion to suggest that the court should rehear the case en banc to reconsider relevant circuit precedent.



  • Consumer Protection Law
  • Banking Law
  • Antitrust & Trade Regulation

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Vantage Health Plan, Inc. v. Willis-Knighton Medical Center

(United States Fifth Circuit) - In a healthcare antitrust case, affirmed a protective order that said certain confidential business documents belonging to a non-party health insurer should be unsealed (but redacted) if and when they are filed on the public docket. The non-party sought stronger confidentiality protections.




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Louisiana Real Estate Appraisers Board v. Federal Trade Commission

(United States Fifth Circuit) - Held that the Louisiana Real Estate Appraisers Board's petition for review was premature in a case where the Federal Trade Commission had charged it with adopting an unlawful policy that restrained trade. Dismissed the appeal for lack of jurisdiction.




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Shared Society in Israel–Virtual Conference on April 22nd

From old friend and colleague Ran Kuttner, here is a conference in Israel on shared society (scheduled for April 22nd) that most of us would not get the chance to attend but now can since it will be virtual (and the morning is in English)–the link to registration is here! https://www.facebook.com/events/585091012107455/  




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The Next New Normal in Law, Dispute Resolution, and Legal Education

A recent post anticipates that as we go through the current crisis, we will develop a “crisis new normal” and, after we recover from the crisis, a “normal new normal” (NNN).  At this point, governments, institutions, and individuals are still developing new routines as we wait out the crisis by doing things like sheltering in … Continue reading The Next New Normal in Law, Dispute Resolution, and Legal Education




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Furloughs and Pay Cuts in Higher Education Have Begun

As the economy is ravaged during the nation-wide lockdown, its impact on higher education is beginning to be reported.  Earlier this week the University of Arizona announced dramatic pay cuts and furloughs, which are detailed below.  Expect this to the be first of many such announcements as this economic crisis continues. Pay cuts and furloughs … Continue reading Furloughs and Pay Cuts in Higher Education Have Begun




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Student Lessons on Distance Mediation

I’m happy to share this reflection from my colleague Natalie Fleury who runs our small claims mediation clinic which, as elsewhere, was forced to distance mid-semester.  I expect we will all have lessons as we move forward and plan for the fall semester as well! “Could we try and mediate over the phone?” I was … Continue reading Student Lessons on Distance Mediation




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Trump & Negotiation Skills Redux

In what seems like a decade ago (but was only early March), the ever talented Liz Tippett interviewed me for her brilliant Oregon Law Lab (in person!) about Trump’s Art of the Deal.  Spoiler alert:  We conclude that the book should best be read as a handbook for how to deal with lying…  Enjoy!




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Issuance of Title IX Rules Governing Educational Institutions

The Department of Education today issued the long-awaited rules governing the administration of Title IX in universities and K-12. According to the press release, the “key provisions” of the Department of Education’s new Title IX regulation are: Defines sexual harassment to include sexual assault, dating violence, domestic violence, and stalking, as unlawful discrimination on the … Continue reading Issuance of Title IX Rules Governing Educational Institutions




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OC’s The Shakes Featured On StacksFX Blog

Sean Perry And Cameron Peinado Dish On Guitar Pedals In Recent Interview




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Ovationguitars.com Is Revised For 2019 And Beyond

Ovationguitars.com Is Revised For 2019 And Beyond




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"Tweet... Tweet" - From A Bird Named Diskery

Diskery Gets New Twitter Account




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CLOUZINE International Music Magazine Continues To Discover And To Promote Indie Talents From All Over The World. More To Be Featured In Clouzine's Next Issue #17

Clouzine Discovers And Promotes Indie Talents Part Of Discoveries (#16) Tremendous (UK), Jennifer Mlott (USA), And King Fally (Nigeria).




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Denver premiere of David Byrne’s “Theater of Mind” postponed, DCPA theater season delayed

Talking Heads leader David Byrne’s new project, “Theater of Mind,” will miss its scheduled world premiere in Denver later this year, the Denver Center for the Performing Arts said today.





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Chipotle just opened its first drive-thru in Colorado, another one is on the way

"Chipotlanes" are rolling out across the country, at a time when customers can't dine in and want more pickup and delivery options.




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You might need reservations to drive to Maroon Bells this summer with shuttle service “not an option”

With concerns about COVID-19 in mind, the U.S. Forest Service is thinking about swapping public transportation for limited vehicle entry.




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Roy Horn of Siegfried & Roy dies from coronavirus at 75

LAS VEGAS — Roy Horn of Siegfried & Roy, the duo whose extraordinary magic tricks astonished millions until Horn was critically injured in 2003 by one of the act’s famed white tigers, has died. He was 75. Horn died of complications from the coronavirus on Friday in a Las Vegas hospital, according to a statement […]




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Micheo-Acevedo v. Stericycle of Puerto Rico, Inc.

(United States First Circuit) - Affirmed summary judgment which had denied an employee's Title VII gender discrimination and retaliation claims. A field sales representative for a company in the medical field alleged she was denied a promotion based on her sex and that she was fired in retaliation for asserting her Title VII rights. However, the First Circuit concluded that she failed to present sufficient evidence of unlawful conduct to create a genuine factual dispute.




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Rivera-Rivera v. Medina and Medina, Inc.

(United States First Circuit) - Reinstated an employee's claims that she was harassed based on her age and retaliated against in violation of both federal and Puerto Rico law, claims which had been dismissed on summary judgment. The employee argued that there were genuine disputes of material fact. In reversing summary judgment, the First Circuit agreed with the employee's argument that genuine disputes of material fact existed as to certain claims.



  • Labor & Employment Law

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US v. Acevedo-Hernandez

(United States First Circuit) - Affirmed the conviction and sentence of a former Puerto Rico superior court judge for receiving bribes and participating in a conspiracy to bribe an agent of an organization receiving federal funds. On appeal, the former judge cited a number of alleged trial and sentencing errors, including the upholding of a witness's invocation of his Fifth Amendment privilege. However, the First Circuit found no reversible error and affirmed.



  • Criminal Law & Procedure
  • Judges & Judiciary
  • White Collar Crime

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Medical Mutual Insurance Co. v. Burka

(United States First Circuit) - Held that a professional liability insurer had no duty to defend a physician who was accused of improperly accessing his ex-wife's medical records so he could harass and embarrass her. In this declaratory judgment action, the insurer argued that it had no duty to defend the physician from his ex-wife's legal claims, which had been filed in state courts in Maine and Maryland. The First Circuit agreed that the matters fell outside the insurance policy's coverage, and affirmed summary judgment for the insurer.




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US v. Arias-Mercedes

(United States First Circuit) - Affirmed a conviction on drug-smuggling charges. The defendant, who was caught with two other men aboard a vessel carrying 70 kilograms of cocaine, argued that he was a mere transporter of the contraband and thus was entitled to a minor participant reduction under the U.S. Sentencing Guidelines. Finding no error in the sentence, the First Circuit affirmed.




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United Food and Commercial Workers Unions v. Novartis Pharmaceutical Corp.

(United States First Circuit) - Affirmed the dismissal of two putative antitrust class actions alleging that a pharmaceutical company took steps to block the entry of generic versions of its leukemia-treatment drug into the U.S. market. The plaintiffs, including several labor union benefit funds, claimed that the drugmaker engaged in anticompetitive conduct by bringing sham infringement lawsuits against manufacturers trying to enter the market with generic versions of that drug. Dismissing the complaints, the district court held that the plaintiffs had not plausibly alleged their claims, and the First Circuit affirmed.



  • Antitrust & Trade Regulation
  • Health Law
  • Drugs & Biotech

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National Federation of the Blind v. Container Store, Inc.

(United States First Circuit) - Affirmed the denial of a retail chain's motion to compel arbitration of a proposed class action brought by blind customers. The retailer moved to compel arbitration of the discrimination lawsuit, citing an arbitration provision in the terms and conditions of a loyalty program of which the individual plaintiffs were members. However, the district court concluded that the arbitration provision was not enforceable here, and the First Circuit found no error in that ruling.





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Nicolas Cage to star as Joe Exotic in limited TV series

The Joe Exotic phenomenon keeps growing, with Nicolas Cage to star in a TV miniseries about the colorful wild animal owner made famous by the “Tiger King” docuseries.





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Chipotle just opened its first drive-thru in Colorado, another one is on the way

"Chipotlanes" are rolling out across the country, at a time when customers can't dine in and want more pickup and delivery options.




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Three-minute siren test planned for Wednesday in Denver

Denver will conduct a three-minute test of the Outdoor Warning Siren System on Wednesday.




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Friednash: Deploy federal funds to feed seniors and rescue Colorado’s restaurants

The restaurant industry predicts that as many as 30% of all Denver restaurants and 22% statewide may permanently go out of business if they can’t open before the end of May.




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Guest Commentary: We need a new measure of success — economic and political — that accounts for sustainability

How strong is our economy if it can’t absorb shocks? If growth comes at a great expense to future generations? And where is the scorecard that tells us how we are actually doing?




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McMillin: Colorado’s schools have got to get students re-engaged

Colorado’s more than 900,000 public school students learned March 12 that schools would close for at least an extended spring break. It was an abrupt change and not everyone adapted quickly or easily.




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Denver Actors Fund readies $35,000 in immediate funding for shut-out theater pros

The Denver Actors Fund on Tuesday announced a $35,000 emergency relief fund for Colorado theater artists who have been hurt by the coronavirus shutdown.





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Denver premiere of David Byrne’s “Theater of Mind” postponed, DCPA theater season delayed

Talking Heads leader David Byrne’s new project, “Theater of Mind,” will miss its scheduled world premiere in Denver later this year, the Denver Center for the Performing Arts said today.




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Businesses that rent Denver-owned space can delay their payments

Dazbog, the Denver Center for the Performing Arts, Pizza Republica and others that rent city-owned space have the option to defer rent payments for three months this year.