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The 11th Annual UG!Iversary Show!! (Tuesday Sept. 24th, 2019 Ed.)

Todd Montesi's Weekly Awesome Rock & Roll Comedy Showcase!




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Play ball: Korean baseball league begins in empty stadiums

The new baseball season began in South Korea on Tuesday with the crack of the bat and the sound of the ball smacking into the catcher’s mitt echoing around empty stadiums.




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Watching South Korean baseball on TV? Let us help.

American sports fans starved for live games may find a measure of salvation from an unlikely source: South Korean baseball. The Korea Baseball Organization season begins Tuesday, and ESPN has announced plans for live broadcasts of its games.





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Saunders: MLB’s five-round draft is another blow for minor-league baseball

Minor-league baseball -- the dreams it inspires, the smaller cities that embrace it and the talent it develops for big-league teams -- is undergoing seismic changes.




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Progressive Metal Prodigies SIFTING Announce New Album The Infinite Loop Out September 27, New Music Video & Single

Album Produced By Steve Evetts (The Dillinger Escape Plan, Suicide Silence, Poison The Well), And Mixed By Jamie King (Between The Buried And Me, The Contortionist)




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MarilynMusic News September 2019

MarilynMusic Has Just Released 18 New Songs!




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THE KRUEGGERS Sign Exclusive Worldwide Deal With Eclipse Records

The Krueggers Sign Exclusive Worldwide Deal With Eclipse Records




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U.K. Rockers Tomorrow Is Lost Sign With Eclipse Records

U.K. Rockers Tomorrow Is Lost Sign With Eclipse Records




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New Jersey Rock Band Scores Endorsement And Big Shows

NJ Rock Band Triple Addiction Scores A Guitar Endorsement And Books Some Big Shows.




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You can pay to have one of these Erie sanctuary animals join your next video conference call

Look at that face!




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On Earth Day, coronavirus gives us glimpse at what it takes to reduce pollution

As people across the globe stay home to stop the spread of the new coronavirus, the air has cleaned up, albeit temporarily. People are also noticing animals in places and at times they don’t usually. When people stay home, Earth becomes cleaner and wilder.




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Earth’s insect population shrinks by 27% in 30 years, according to study

The world has lost more than one quarter of its land-dwelling insects in the past 30 years, according to researchers whose big picture study of global bug decline paints a disturbing but more nuanced problem than earlier research.





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Editorial: Debate how to respond to COVID-19, of course, but stick to the grim facts of the virus we are facing

Our leaders are making difficult, life-and-death decisions without a complete picture of the severity of this threat or a timeline for how long it could last. It’s easy to second-guess the new rules, suggestions and regulations coming.





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Editorial: Those inciting unrest in Colorado don’t realize the true threat of the new coronavirus

We understand why unrest is bubbling among those who are unemployed and entrepreneurs who could lose their businesses. But the alternative to stay-at-home orders is allowing the highly contagious new coronavirus to rip through our communities.




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Connecticut Fine Wine and Spirits LLC v. Seagull

(United States Second Circuit) - Affirmed. Various Connecticut Liqour Control Act and related regulations were hybrid restraints on trade but the plaintiff failed to plead facts that they constitute per se violations of the Sherman Act.




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US v. Ng Lap Seng

(United States Second Circuit) - Affirmed. On appeal from his conviction of paying bribes to United Nations officials, Defendant argues the U.N. is not an “organization” within the meaning of the law and that the jury was not correctly instructed. Defendant's arguments fail on the merits.



  • Criminal Law & Procedure

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32BJ N. Pension Fund. v. Nutrition Mgmt. Servs.

(United States Second Circuit) - Vacated and remanded. Finding NMSC did not agree to be bound to the trust agreement until it executed an amendment to the collective bargaining agreement in 2014, the delinquency policy’s interest rate did not apply.





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UK Music Proposes Law To Protect Music Venues

New Legislation Would Protect Music Venues Threatened With Closure




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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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Pandora Subscriber Base Grows To Over 5 Million

Pandora Premium Paid Subscribers Cross The 1 Million Milestone In October 2017




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Streaming & Listening Diversity - Spotify Case Study

Will Artists Have An Easier Time Finding An Audience, Or Will Streaming Focus Global Attention On A Small Number Of Stars?




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Pop Artist Ava King Releases New Single

Paris-born Ava King Decided To Move To Beijing Where She Wrote For One Of The Biggest Chinese Movie Production Companies, HuaYi Brothers




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Trammell Crow settles bid-rigging accusations in Denver convention center expansion

The development manager accused of showing favoritism toward a construction bidder on the Colorado Convention Center expansion project has signed a $250,000 settlement with state investigators.




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Diesel eBooks, LLC v. Simon & Schuster, Inc.

(United States Second Circuit) - Affirming the district court's grant of summary judgment that although Apple and a group of major publishers committed an unlawful antitrust conspiracy there was no antitrust injury that resulted.




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International Longshore and Warehouse Union v. ICTSI Oregon, Inc.

(United States Ninth Circuit) - Affirming the district court's dismissal of an antitrust claim alleging anti-competitive activities engaged in by a labor union and a multi-employer collective bargaining association, holding that nonstatutory exemption, the Noerrr-Pennington doctrine, and Sherman Act immunized defendants' activities.



  • Antitrust & Trade Regulation
  • Labor & Employment Law

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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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Arandell Corp. v. CenterPoint Energy Services, Inc.

(United States Ninth Circuit) - Reinstated an antitrust claim against a wholly owned natural gas subsidiary that said it had no knowledge of its parent company's alleged price-fixing scheme that had pumped up the price of gas. The subsidiary argued that it could not be held liable for violating Wisconsin antitrust law because it was not involved in anything unlawful that its parent company may have done. Unpersuaded, the Ninth Circuit emphasized that a parent and a wholly owned subsidiary always act as a single enterprise whenever they engage in coordinated activity, and thus reversed the grant of summary judgment to the subsidiary.



  • Oil and Gas Law
  • Antitrust & Trade Regulation

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DeHoog v. Anheuser-Busch InBev SA/NV

(United States Ninth Circuit) - Affirmed the dismissal of a private antitrust action brought by consumers seeking to enjoin the largest U.S. beer producer from acquiring the second largest. The consumers argued in this action brought under section 7 of the Clayton Act that the merger would lessen competition in the U.S. beer market. Concluding that they failed to state a claim, the Ninth Circuit emphasized that the U.S. Department of Justice, as a condition of approving the merger, had required the company being acquired to divest entirely its domestic beer business.



  • Antitrust & Trade Regulation
  • Consumer Protection Law

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Sea Breeze Salt, Inc. v. Mitsubishi Corp.

(United States Ninth Circuit) - Held that an antitrust lawsuit was barred by the act-of-state doctrine. The plaintiff corporations alleged that a Mexican-government-owned salt production company engaged in an antitrust conspiracy with a Japanese company. Affirming dismissal of the complaint, the Ninth Circuit held that the lawsuit was fundamentally a challenge to Mexico's determination about the exploitation of its own natural resources and thus was barred by the act-of-state doctrine, which precludes adjudication of the sovereign acts of other nations in U.S. courts.




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Lifewatch Services Inc. v. Highmark Inc.

(United States Third Circuit) - Reinstated a medical device seller's claim that certain Blue Cross Blue Shield health insurance companies violated antitrust law by unreasonably restraining trade in the national market for outpatient cardiac monitors. The seller of a cardiac monitoring device contended that it was shut out of the market because the defendants conspired to deny insurance coverage for its product to shield themselves from patient demand for it. Holding that the seller stated a claim under section 1 of the Sherman Act, the Third Circuit reversed dismissal of the complaint and remanded for further proceedings.



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

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Lebamoff Enterprises, Inc. v. Rauner

(United States Seventh Circuit) - In a case involving states' power to regulate liquor sales, held that the plaintiffs stated a claim that Illinois unlawfully refused to license out-of-state retailers to ship liquor to consumers in the state, in violation of the Commerce Clause and Privileges and Immunities Clause. Reversed a dismissal and remanded.




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Connecticut Fine Wine and Spirits LLC v. Seagull

(United States Second Circuit) - Held that Connecticut law governing liquor pricing is not preempted by federal antitrust law. Affirmed the dismissal of a liquor retailer's complaint, which challenged certain provisions of Connecticut's Liquor Control Act and related regulations.



  • Antitrust & Trade Regulation

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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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Early Dispute Resolution Processes

This is the second part of a three-part series on use of litigation interest and risk assessment (LIRA), growing out of a program at CPR’s annual meeting in February 2020. The first part of this series describes how to do LIRAs and includes results from a survey of participants in our program.  This part describes … Continue reading Early Dispute Resolution Processes




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Make Health, Not War: In Search of Long-Term Survival

From my wonderful Marquette colleague, professor in social and cultural sciences, Alexandra Crampton, who argues that the very metaphors we use make us less likely to succeed in staying healthy:  As the Covid-19 virus circulates, so have war metaphors. UN and national leaders are using a familiar rallying cry to justify their moral authority, calls … Continue reading Make Health, Not War: In Search of Long-Term Survival




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Toby Guerin’s Negotiation Exercise

From TFOI Toby Guerin: I thought that I would share an exercise which we posted this week through the Workplace Mediation Service at University of Maryland, Baltimore.  It can be easily adapted for classes and other environments. Several years ago Andrea Schneider and others wrote an article, “Cooking Up a Deal: Negotiation Recipes for Success.”  … Continue reading Toby Guerin’s Negotiation Exercise




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Conversations about Innovations in Teaching, Research and Technology

From pioneer in our field, Jeanne Brett: With the unprecedented and rapid need to switch from face-to-face to synchronous online classes, everyone using exercises and simulations has learned a lot.  iDG, NegotiateUP and NTR  are launching a series of Conversations about Innovations in Teaching Research and Technology held during three Fridays in June (5th, 12th, … Continue reading Conversations about Innovations in Teaching, Research and Technology




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Ovationguitars.com Is Revised For 2019 And Beyond

Ovationguitars.com Is Revised For 2019 And Beyond




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New Course ‘How To Be A Music Supervisor, Or Get Heard By One” Launches On The MusicFirst Platform

The Second Edition Of The Book Music Supervision, And The Newly Launched ‘How To Be A Music Supervisor’ Online Learning Platform, Introduces A Much-needed Educational Resource




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Soundfly Launches New ‘The Art Of Hip-Hop Production’ Course In Partnership With Splice

Soundfly Offers New Hip-hop Production Class Taught By Charles "Blvk Samurai" Burchell With Two Free Months Of Splice Samples Included.




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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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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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Martinez-Perez v. Sessions

(United States First Circuit) - Affirmed the denial of an asylum claim in a case where an immigrant claimed mistreatment in Honduras because of her Afro-Honduran race and physical disability caused by polio. The Board of Immigration Appeals rejected her asylum application upon finding that the harassment she endured in Honduras did not rise to the level of persecution. Agreeing with the Board's assessment, the First Circuit denied her petition for judicial review.




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Lassend v. US

(United States First Circuit) - Affirmed the denial of habeas relief to a defendant who challenged his sentence under the Armed Career Criminal Act (ACCA). The defendant argued that his designation as an armed career criminal was unconstitutional under recent Supreme Court precedent, but the First Circuit disagreed, holding that current law still considers three of his convictions to be ACCA predicates.




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Sexual Minorities Uganda v. Lively

(United States First Circuit) - Held that a defendant who won a summary judgment motion could not appeal to challenge unflattering statements found in the trial judge's opinion. In this tort lawsuit brought by a Ugandan gay-rights organization, the defendant religious leader successfully obtained summary judgment by arguing lack of extraterritorial jurisdiction but then appealed. The First Circuit concluded that a winner cannot appeal a judgment merely because there are passages in the court's opinion that displease him or her.




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Lemus v. Sessions

(United States First Circuit) - Denied a petition for review of an administrative decision ordering a Guatemalan couple removed from the United States. The husband and wife moved to reopen their removal proceedings, claiming there was new relief available to them. Agreeing with the Board of Immigration Appeals that their motion was untimely and number-barred, the First Circuit noted that this was their 17th motion for reopening or reconsideration and was brought nearly 16 years after the initial removal order.