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Vail Resorts exec explains why it took so long to get credits for Epic Passes

Vail Resorts marketing chief Kirsten Lynch said there were good and thoughtful reasons the company took six weeks to come up with a plan to mollify Epic Pass holders following the shutdown of its North American resorts due to COVID-19.




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Texas-Based Zack Walther Band Corrals Americana/Roots Music Extravaganza On New CD, The Westerner, Releasing October 25

Texas-Based Zack Walther Band Corrals Americana/Roots Music Extravaganza On New CD, The Westerner, Releasing October 25




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Brauchler: The arbitrary rule closing some Colorado businesses – but not others – must be fixed

Now is the time for the governor to reign in unelected officials, take back his order, re-work it, and immediately begin to restore freedom and responsibility to Colorado businesses to save our state.




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Madrid: The space cadets descended on Colorado’s Capitol this April for a show of exceptionalism

This year, it wasn’t the typical stoner types in all-green that descended on Civic Center Park in April with marijuana leaf flags. It was the star-spangled banners that waved sky high in an intense display of patriotic exceptionalism this past weekend that should have just stayed home.




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STYX RACKING UP SHOWS FOR 2020; REFLECTS ON A SUCCESSFUL 2019, AS TOUR DATES CONTINUE INCLUDING THREE PERFORMANCES OF ‘THE MISSION’ IN ITS ENTIRETY

Legendary And Multi-Platinum Rockers STYX Are Continuing On Their Never-ending “mission” To Bring Their Music To Their Loyal Fans In 2020 With New Tour Dates.




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Alexia Riva Shines Again On New Single

Alexia Riva Is A French Mexican Singer Songwriter Based In Barcelona Who Has Created A Signature Sound That Revolves Around The Worlds Of Pop, Jazz And Soul Music.




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Top 20 ITunes Artist Raises Funds For Dyslexia With EXCLUSIVE Amazon Prime Video

Canadian Musician Ed Roman Is Raising Funds For Dyslexia Through Amazon Prime Video Sales And Rentals Of His Award-winning Animated Music Video, “Red Omen.”




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Guest commentary: RTD tightens rules, expands policing to keep out poor and homeless

As RTD scatters the homeless, many are likely to crowd into the few areas where they are still allowed during the lockdown, possibly exacerbating this public health crisis.




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Geness v. Cox

(United States Third Circuit) - Held that a man with mental retardation who was detained for nearly a decade awaiting trial could amend his civil rights complaint against the Commonwealth of Pennsylvania. Reversing the district court, the Third Circuit held that the man, who was charged with a crime that may not have occurred, was entitled to amend his complaint to reinstitute his due process and Americans with Disabilities Act claims. The panel affirmed dismissal of his Section 1983 claims, however.




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US ex rel. Silver v. PharMerica Corp.

(United States Third Circuit) - Reinstated a False Claims Act lawsuit alleging fraud in connection with the sale of pharmaceutical drugs to nursing homes. The defendant company, which owns and operates institutional pharmacies, argued for dismissal of the qui tam action on the ground that the allegation was already known to the public, and the district court agreed. Reversing and remanding, the Third Circuit held that the relator's allegation had not previously been publicly disclosed.




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Lee v. Sixth Mount Zion Baptist Church

(United States Third Circuit) - Held that a pastor could not sue his church for breach of an employment contract. The church contended that adjudication of the pastor's contract claim would impermissibly entangle the court in religious doctrine in violation of the First Amendment's Establishment Clause. Agreeing, the Third Circuit affirmed summary judgment in favor of the church.




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Fox v. Hathaway

(United States Seventh Circuit) - Affirmed. A bankruptcy judge did not commit clear error in finding that a trustee’s distributions to a third party while the company was insolvent were gratuitous, and there was no reason to overturn the imposition of discovery sanctions against the trustee.





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NORTHROP GRUMMAN CORPORATION v. AXIS REINSURANCE COMPANY

(US 3rd Circuit) - No. 19-1949




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Verisign, Inc. v. XYZ.com LLC

(United States Fourth Circuit) - Vacating a district court's denial of a motion for attorney fees and remanding for consideration under the appropriate legal and evidentiary standards in a Lanham Act case in a suit relating to internet domain registry services because the district court required clear and convincing evidence of an exceptional case, rather than the Act's preponderance of the evidence standard.




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Abdul-Mumit v. Alexandria Hyundai LLC

(United States Fourth Circuit) - Affirmed the dismissals of three consumer lawsuits alleging that Hyundai Motor America misrepresented the estimated fuel economy of certain models of the Hyundai Elantra. In affirming the dismissals, the Fourth Circuit held that the complaints failed to satisfy federal pleading standards, except as to a single claim in one of the complaints, which the appeals court dismissed for lack of jurisdiction.




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Screen Music Connect To Explore The Music Of Film, Television And Interactive Media

Created By James Hannigan, Award-winning Composer And Game Music Connect Co-founder, Screen Music Connect Builds On The Success Of The Sold-out Game Music Conferences







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Soundstripe Hires J.R. McNeely As Mix Engineer

Soundstripe Hires Grammy-winning Engineer And Producer J.R McNeely




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Angry Mob Music Group Signs Exclusive Worldwide Co-Publishing Deal With LA-Based Songwriting/Production Team Schmarx & Savvy

The Deal Covers All New Works From The Versatile Power Duo, Whose Successes Include The #1 ITunes Electronic Hit “Touch” By 3LAU Featuring Carly Paige.




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SiXforNinE Go Trans-dimensional With New 'Counting Stars' Video & Single

SiXforNinE Go Trans-dimensional With New 'Counting Stars' Video & Single




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MTS Records Signs Exclusive Distribution Deal With MVD Distribution

Pittsburgh-based MTS Records Has Signed An Exclusive Physical And Digital Distribution Deal With The Music And Video Distributor Based In Pottstown, PA.




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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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DeFox Records Launch Card Disk

Respecting The Environment And A More Sustainable Future, Against Waste And The Use Of Plastic, DeFox Records Will Launch A Special Limited Edition Of Card Disk On The Market.




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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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Mirkin v. XOOM Energy, LLC

(United States Second Circuit) - Partially affirmed, partially reversed. A class action suit against energy providers was dismissed and a post-judgment request for leave to amend was refused. Plaintiffs should have been allowed to amend their complaint and their proposed amended complaint stated plausible claims.




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Oxford University Bank v. Lansuppe Feeder, Inc.

(United States Second Circuit) - Affirmed. Financial institutions that hold junior notes issued by the defendant, as trustee, appeal the grant of summary judgement. The district court erred in holding that ICA § 47(b) does not give rise to a private right of action. However, the district court ordered distribution of the assets of the trust according to the terms of the trust’s governing indenture, so summary judgment affirmed.




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Ennio Morricone Music v. Bixio Music Group

(United States Second Circuit) - Reversed. Concluding the musical works at issue were not works made for hire, the panel reverses the district court’s grant of summary judgement in favor of the defendant.




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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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Philadelphia Taxi Association, Inc. v. Uber Technologies, Inc.

(United States Third Circuit) - Affirming a district court dismissal of a case brought by numerous taxi associations seeking to prevent Uber from taking their business because Uber's conduct didn't arise to an antitrust violation, attempted monopoly, or other unfair business activity, even if it is killing the old taxicab businesses.




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Ohio v American Express Co.

(United States Supreme Court) - The US Supreme Court held that American Express (Amex) anti-steering provisions, in its agreement with merchants to prohibit merchants who take Amex cards from discouraging customers from using their cards in order for the merchant to avoid paying Amex a fee, do not violate the Sherman Antitrust Act.



  • Antitrust & Trade Regulation
  • Corporation & Enterprise Law

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Xitronix Corp. v. KLA-Tencor Corp.

(United States Fifth Circuit) - The Fifth Circuit transferred a case back to the Federal Circuit, from which it had been transferred. The two circuits disagreed about which one was the proper forum for this appeal, which involved a company's claim that a competitor violated antitrust law by obtaining a patent through fraud.



  • Antitrust & Trade Regulation
  • Patent

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LLM Bar Exam, LLC v. Barbri, Inc.

(United States Second Circuit) - Held that a company offering bar exam review courses did not plausibly plead that a competitor conspired with certain law schools to enable it to obtain a monopoly. Affirmed the dismissal of this antitrust lawsuit.



  • Antitrust & Trade Regulation

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The Next New Normals – in General

Virtually all of us are radically changing our lives to adjust to the new realities caused by the coronavirus crisis. This is a major shock to our entire global society, and it certainly will cause major changes in the way that people and organizations think and act in the future. As governments, institutions, and individuals … Continue reading The Next New Normals – in General




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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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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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The Coronavirus Crisis Provides an Opportunity to Adopt Better Systems for Licensing Lawyers than the Bar Exam

The ABA Journal recently published an article entitled Bar Exam Does Little to Ensure Attorney Competence, Say Lawyers in Diploma Privilege State, describing the experience in Wisconsin, the only state that currently has the “diploma privilege.”  Under the Wisconsin rules, in-state law school graduates can become licensed without taking a bar exam.  These graduates must … Continue reading The Coronavirus Crisis Provides an Opportunity to Adopt Better Systems for Licensing Lawyers than the Bar Exam




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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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Extensive ODR Bibliography

From Leah Wing: Dear Colleagues, The National Center for Technology and Dispute Resolution is happy to announce the unveiling of a newly updated extensive Online Dispute Resolution (ODR) bibliography which is available on our website and here. It is wonderful to see so many new partners from the courts, alternative dispute resolution, and many other … Continue reading Extensive ODR Bibliography




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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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Come To The DISTURBING MUSIC 2018 Xmas Party

It's Happening Tonight, December 14, From 6-10 PM (PST)




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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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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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Plixer International, Inc. v. Scrutinizer GMBH

(United States First Circuit) - Held that the exercise of specific personal jurisdiction over a German company in a trademark infringement action did not violate due process. The German company, which operated an English-language website, argued that it lacked the requisite minimum contacts with the United States. Disagreeing, the First Circuit affirmed the district court's ruling that the exercise of personal jurisdiction was constitutional.




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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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Denver Public Schools likely to mix in-person classes with remote learning beginning in August

Denver Public Schools leadership announced Thursday that the next academic year is expected to begin on time in August, but likely will consist of a mix of in-person and remote learning in an effort to maintain social distancing and prioritize health and safety.




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Guest commentary: RTD tightens rules, expands policing to keep out poor and homeless

As RTD scatters the homeless, many are likely to crowd into the few areas where they are still allowed during the lockdown, possibly exacerbating this public health crisis.