age

Financial Oversight and Management Board for Puerto Rico v. Ad Hoc Group of PREPA Bondholders

(United States First Circuit) - Vacated an order denying a request by Puerto Rico Electric Power Authority (PREPA) bondholders for relief from an automatic stay. The bondholders argued that a statute enacted by Congress to address Puerto Rico's financial crisis did not preclude them from obtaining relief so that they could petition another court to place PREPA into receivership. Agreeing, the First Circuit held that the district court erred in concluding otherwise.




age

In re Slokevage

(United States Federal Circuit) - A decision of the United States Patent and Trademark Office sustaining a refusal of an examiner to register a trade dress mark for clothing is affirmed where substantial evidence supported a finding that the trade dress was product design and that the trade dress was not unitary.




age

Hansen Beverage Co. v. Nat'l Beverage Corp.

(United States Ninth Circuit) - Grant of a preliminary injunction prohibiting defendant from infringing upon the trade dress of Hansen Beverage Company's line of "Monster" energy drinks with defendant's line of "Freek" energy drinks is reversed where the district court abused its discretion in determining that plaintiff was likely to succeed on the merits, as a finding of a likelihood of confusion was clearly erroneous.




age

Amazing Spaces, Inc. v. Metro Mini Storage

(United States Fifth Circuit) - In an action alleging infringement of a star design that plaintiff claimed as a service mark, summary judgment for defendant is affirmed in part where: 1) the record evidence was replete with similar or identical five-pointed stars, both raised and set in circles, and used in similar manners, such that -- notwithstanding the residual evidence of the presumption of validity -- no reasonable jury could find that the star symbol was even a mere refinement of this commonly adopted and well-known form of ornamentation; and 2) plaintiff failed to raise a fact issue regarding the existence of secondary meaning with respect to the symbol. However, the judgment is reversed in part where plaintiff had not yet had the opportunity to introduce evidence relating to its trade dress claims.




age

Stonehill Capital Management v. Bank of the West

(Court of Appeals of New York) - In a contracts action arising from a dispute over the auction sale of a syndicated loan, the Appellate Division's grant of defendant's motion for summary judgment is reversed where the lack of a written sales agreement and plaintiffs' failure to submit a timely cash deposit were not conditions precedent to the formation of the parties' contract and do not render their agreement unenforceable.




age

National Football League Management Council v. National Football League Players Association

(United States Second Circuit) - In a dispute arising out of the alleged improper use of deflated footballs by professional football athlete Tom Brady, the District Court's vacation of the NFL Commissioner's award confirming the discipline of Brady, based upon the court's finding of fundamental unfairness and lack of notice, is reversed where: 1) the Commissioner properly exercised his broad discretion under the collective bargaining agreement; and 2) his procedural rulings were properly grounded in that agreement and did not deprive Brady of fundamental fairness.



  • Labor & Employment Law
  • Sports Law
  • Dispute Resolution & Arbitration

age

Northwest Title Agency, Inc. v. US

(United States Federal Circuit) - In a breach of contract action against the Government, the Court of Federal Claims grant of summary judgment in favor of the Government is affirmed where the contracts whereby plaintiff provides closing services for homes owned by the Department of Housing and Urban Development (HUD) unambiguously preclude plaintiff from charging additional closing fees.




age

Chugach Management Services Zurich American Insurance Co. v. Jetnil

(United States Ninth Circuit) - Denying the petition for review of the award of disability benefits under the Defense Base Act and the application of a judicially-created 'zone of special danger' doctrine to a local national injured while employed by a government contractor overseas.




age

Alliance for Open Society International, Inc. v. US Agency for International Development

(United States Second Circuit) - Held that the U.S. government could not constitutionally deny funding to fight HIV/AIDS abroad based on a foreign organization's failure to adopt a policy explicitly opposing prostitution and sex trafficking. Affirmed the issuance of a permanent injunction on First Amendment grounds. The government had been interpreting a related 2013 Supreme Court decision narrowly.




age

Save Our Heritage Organization v. City of San Diego

(California Court of Appeal) - Upheld the City of San Diego's decision to approve an environmental impact report addendum for an urban park project. Affirmed the denial of a citizen group's petition for writ of mandamus.




age

Synergy Project Management, Inc. v. City and County of San Francisco

(California Court of Appeal) - Upheld San Francisco's decision to order a prime contractor on a public works project to replace a subcontractor. Reversed the trial court.




age

Canadian Pharmacy, Medications and Drug Spam - Image has been damaged

The Canadian Pharmacy Spammers are at it again, or should we say still at it again.




age

Cialiswelness.com Spam - Cppgenius Unread messages

A fake Facebook message, taking you to some online pharmacy site.




age

High Priority Package Delivery Scam - Delivery Notification

Rosa Daniel wants you to come to Rome to pick up a high priority package.




age

eFax Malware Spam - eFax message from

Malware distributed via Dropbox with the help of fake eFax e-mails




age

General Malware Spam - You have received a new fax message

Fax or malware? This is clearly malware.




age

Paypal Phishing Scam - Important Message

The most confusing Paypal phishing scam ever!




age

Califonia Communities Against Toxics v. Environmental Protection Agency

(United States DC Circuit) - Petition for review denied. The EPA did not act contrary to the Resource Conservation and Recovery Act in adopting a Transfer-Based Exclusion because hazardous materials are not necessarily "discarded" when they are transferred from a generator to a reclaimer along with payment. The policy was not arbitrary or capricious.




age

BMG Rights Management LLC v. Round Hill Music LP

(United States Fourth Circuit) - Affirming in part, reversing in part, and remanding a case alleging copyright infringement seeking to hold a high-speed internet provider contributorily responsible for infringement of a music publisher's copyrights, affirming the trial court's determination that the defense was not entitled to a safe harbor defense, but reversing, vacating, and remanding on account of errors in jury instructions.




age

EOR Energy, LLC v. Illinois Environmental Protection Agency

(United States Seventh Circuit) - Held that an energy company could not proceed with its claim that Illinois environmental regulators lacked jurisdiction over its handling of hazardous‐waste acid that it transported into the state. Affirmed a dismissal based on claim and issue preclusion, among other doctrines.




age

Parker Drilling Management Services, Ltd. v. Newton

(United States Supreme Court) - Addressed what law applies on the Outer Continental Shelf, holding that California wage-and-hour law was inapplicable to a worker on an offshore drilling platform. Under the Outer Continental Shelf Lands Act, if federal law addresses the relevant issue, state law is not adopted as surrogate federal law. Justice Thomas delivered the opinion for a unanimous Court.



  • Oil and Gas Law
  • Labor & Employment Law
  • Admiralty

age

JL Beverage Co, LLC v. Jim Beam Brands Co.

(United States Ninth Circuit) - In an action claiming of trademark infringement, false designation of origin, and unfair competition brought under the Lanham Act and Nevada state law by a beverage company-plaintiff, which sells a competing line of flavored vodkas, the District Court's grant of summary judgment to defendant is reversed where the district court erred in: 1) failing to place the burden of proof on defendant, the moving party; 2) failing to view the evidence in the light most favorable to plaintiff; and 3) never analyzing whether a genuine dispute of material fact existed.




age

Between Vintage And Electronic: Speakeasy, The New Album By Luke & The Belleville Orchestra

Lemon Slice Records Has Released Speakeasy, The New Album By Luke & The Belleville, A Masterly Integration Between The Swing Of The 1930s And The Most Modern Rhythms And Sounds Of Electronic Music.




age

In re US Office of Personnel Management Data Security Breach Litigation

(United States DC Circuit) - Revived claims that the U.S. Office of Personnel Management's woefully inadequate cybersecurity practices enabled hackers to steal personal data about millions of past and present federal employees. Reversed a dismissal in relevant part, in a lawsuit brought by labor unions and others arising out of a 2014 cyberattack.




age

Califonia Communities Against Toxics v. Environmental Protection Agency

(United States DC Circuit) - Petition for review denied. The EPA did not act contrary to the Resource Conservation and Recovery Act in adopting a Transfer-Based Exclusion because hazardous materials are not necessarily "discarded" when they are transferred from a generator to a reclaimer along with payment. The policy was not arbitrary or capricious.





age

Expert Suggests Alleged Mastermind of Venezuela's Failed Coup Is 'Double Agent' Working for Maduro

The Venezuelan military defector identified as the ringleader of the botched coup attempt in Venezuela was likely working as a "double agent" for the same man he allegedly attempted to overthrow, socialist narco-dictator Nicolás Maduro, Breitbart News has learned.




age

The Police Retirement System of St. Louis v. Page

(California Court of Appeal) - Affirming the grant of summary judgment to Google executives in a suit brought by three shareholders bringing derivative suits alleging the corporation was harmed by executives who agreed to refrain from actively recruiting employees working for competitors, an arrangement that had been previously abandoned when it gave rise to antitrust issues with the Department of Justice, because the claim was barred by the three-year statute of limitations.




age

In re US Office of Personnel Management Data Security Breach Litigation

(United States DC Circuit) - Revived claims that the U.S. Office of Personnel Management's woefully inadequate cybersecurity practices enabled hackers to steal personal data about millions of past and present federal employees. Reversed a dismissal in relevant part, in a lawsuit brought by labor unions and others arising out of a 2014 cyberattack.




age

Hill v. Volkswagen, AG

(United States Ninth Circuit) - Affirmed the approval of a consumer class action settlement in a case where Volkswagen entered into the $10-billion settlement with a class of consumers after the automaker admitted that it had installed devices in certain 2009 - 2015 diesel model diesel cars for the purpose of cheating on U.S. emissions tests. The Ninth Circuit held that the district court did not abuse its discretion in certifying a settlement class or approving the settlement as fair and adequate.




age

Alarm Detection Systems, Inc. v. Village of Schaumburg

(United States Seventh Circuit) - Affirmed, reversed, and remanded in part. Largely affirming the dismissal of claims alleging a conspiracy between a city and alarm companies, but reversing the dismissal of a contracts clause claim against the city.





age

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

age

Zabriskie v. Federal National Mortgage Association

(United States Ninth Circuit) - Held that Fannie Mae is not a consumer reporting agency and thus could not be sued over a false credit report. Consumers alleged that the government-sponsored mortgage market entity had provided false information about their credit history via a software tool it provides for mortgage lenders to use. In a 2-1 decision, the Ninth Circuit concluded that Fannie Mae was entitled to summary judgment because it did not fall within the definition of a consumer reporting agency under the Fair Credit Reporting Act.




age

Kolbasyuk v. Capital Management Services, LP

(United States Second Circuit) - Held that a consumer could not proceed with a claim that a debt collection letter unlawfully failed to inform him of certain information. Affirmed the dismissal of his proposed class action lawsuit against the debt collector under the Fair Debt Collection Practices Act.




age

Rachael Sage Releases New Single, All Proceeds To Benefit Women's Cancer Research

Rachael Sage Has Released A New Single, “Bravery’s On Fire" After Revealing Cancer Diagnosis; All Proceeds From Single And Charity Shows To Benefit Women's Cancer Research.




age

Creating a New Language File for a Theme Translation

Recently, I’ve had a lot of customers asking me about creating a theme translation file for some of my themes. What I always assumed was a straightforward process actually has…

The post Creating a New Language File for a Theme Translation appeared first on bavotasan.com.




age

Welcome Patrick Mathias AKA Password To The Ordior Rights Management Roster!

Ordior Has Signed Patrick Mathias Aka Password For A World Wide Exclusive Publishing And Administration Agreement!




age

Welcome BlackFaceNaija To The Ordior Rights Management Roster!

Ordior Has Signed BlackFaceNaija For A World Wide Exclusive Publishing And Administration Agreement!




age

Welcome African China To The Ordior Rights Management Roster!

Ordior Has Signed African China For A World Wide Exclusive Publishing And Administration Agreement!




age

Nick Brodeur Wins Studio Package From ReverbNation

Laguna Beach Singer/guitarist Awarded Recording Time With Orange County Production House




age

Cortadito @ Arts Garage 14 De Septiembre

Sábado 14 De Septiembre A Las 8 PM: Arts Garage Presenta Cortadito. El Enfoque De La Banda Está En Tocar La Música Tradicional Cubana De Principios Del Siglo XX.




age

Cortadito @ Arts Garage Sep 14

Cortadito's Focus Is On Performing The Traditional Cuban Music Of The Early 20th Century.




age

Nieto v. Fresno Beverage Co., Inc.

(California Court of Appeal) - Held that a former delivery driver for a beverage company did not have to arbitrate his wage-and-hour lawsuit. His case fell within a statutory exemption in the Federal Arbitration Act that applies to transportation workers engaged in interstate commerce. Affirmed the denial of the company's motion to compel arbitration.



  • Transportation
  • Dispute Resolution & Arbitration
  • Labor & Employment Law

age

Light-Age, Inc. v. Ashcroft-Smith

(United States Fifth Circuit) - Upheld an arbitration panel award to an attorney in a fee dispute with a corporate client. Held that the client waived its challenge to the panel's composition by failing to object at the time of the arbitration hearing.




age

Timid Joins Japan's Drynage Orchestra For "Forbidden Fruit"

American And Japanese Artists Connect Through Hip Hop




age

LA-Based Indie Rock/Pop Duo H. Kink Premiere New Video, As Favorable Early Coverage Runs For Debut Album

"‘Wish I Were Here' Is So Engaging, I Can Hardly Believe It's Their Debut"




age

Singled Out: Vintage Trouble's Outside-In

Vintage Trouble have released a new social distancing inspired song 'Outside-In' and we asked frontman Ty Taylor to tell us about the song




age

Career Moves: Cinq Music, Songtrust, Def Jam, Warner Music, 117 Management & DPA

New Career Announcements At Cinq Music Urban Division, Songtrust Amsterdam Office, Def Jam Recordings, Warner Music Benelux, 117 Entertainment Group And DPA Microphones In US




age

Rachael Sage Releases New Single, All Proceeds To Benefit Women's Cancer Research

Rachael Sage Has Released A New Single, “Bravery’s On Fire" After Revealing Cancer Diagnosis; All Proceeds From Single And Charity Shows To Benefit Women's Cancer Research.