(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.

(California Court of Appeal) - In a petition for writ of review challenging the Department of Alcoholic Beverage Control's 15-day suspension of an off-sale general license held by a CVS Pharmacy Store after an administrative law judge found the store clerk sold alcohol to a minor decoy, the Alcohol Beverage Control Appeals Board's reversal of the suspension based on California Code of Regulations, title 4, section 141 (Rule 141) that allows a law enforcement agency to use an underage decoy only in a fashion that promotes fairness, is annulled where: 1) Rule 141 is not ambiguous in requiring minor decoys to answer truthfully only questions about their ages; 2) substantial evidence supports the administrative law judge's factual finding that the decoy was not questioned about his age; and 3) Rule 141 does not provide CVS with a defense to the accusation it sold an alcoholic beverage to an underage buyer.

(United States Seventh Circuit) - Reversed. Prison officials sued for Eighth Amendment violations over their refusal to provide gender reassignment surgery to a prisoner were entitled to qualified immunity because caselaw did not clearly put them on notice their action was unconstitutional.

(United States Second Circuit) - Affirmed. In appealing an award of summary judgement for the defendants, plaintiff argues she proffered sufficient evidence to raise triable issues of fact in her sex discrimination case. Finding plaintiff’s arguments fail on the merits, the panel affirms.

(United States Third Circuit) - District court's grant of summary judgment in favor of the Secretary of the United States Department of Health and Human Services, denying a reimbursement claim for loss on depreciable assets resulting from a merger between two non-profit medical corporations is vacated and remanded where: 1) the Secretary's interpretation of the related party regulations, requiring examination of whether the parties were related pre- and post-merger, is contrary to the plain language of the regulations, and under the proper, pre-merger test, the parties were not related at the time of the transaction; and 2) the district court's determination that the merger was not a bona fide sale was not based on substantial evidence, in light of errors made in determining the value of certain assets.

(United States Second Circuit) - In an action for breach of contract, unjust enrichment, and tortious interference with contract based on defendant's refusal to allow certain of its noteholders to convert their notes to cash and stock following the acquisition of defendant, dismissal of the complaint is affirmed where, under the express terms of the indenture agreement, the acquirer was not a "Public Acquirer" because its securities that were traded on the New York Stock Exchange were not its ordinary shares.

(United States DC Circuit) - In an action challenging the Secretary of Health and Human Services' denial of plaintiff's claim for reimbursement regarding a $2.9 million loss allegedly incurred by a Medicare provider when it merged with plaintiff through a "statutory merger," summary judgment for defendant is affirmed where: 1) the parties involved bargained in good faith and the consideration tendered reasonably reflected fair market value; and 2) the Secretary's application of the reasonable consideration requirement to the merger was not an impermissible retroactive imposition of a new standard as set out in PM A-00-76.

(United States Sixth Circuit) - In a company's suit under section 301 of the Labor Management Relations Act (LMRA) to vacate or modify the arbitration award against it, district court's grant of summary judgment in favor of the union is affirmed where: 1) the arbitrator did not exceed his authority by interpreting the CBA in a way that allowed the company to be found liable for a breach; 2) the arbitrator did not exceed the scope of his authority to decide a representational issue in this case because the arbitrator's successor decision was permissible in furtherance of his interpretation of the CBA; 3) the award's remedy does not violate public policy; and 4) the arbitrator did not dispense his own brand of industrial justice.

(United States Eighth Circuit) - In an action by beer consumers suing to enjoin the now-consummated acquisition of Anheuser-Busch Companies, Inc. by InBev NV/SA on the ground that the transaction violated Section 7 of the Clayton Act, judgment on the pleadings for defendant is affirmed where any antitrust injury plaintiffs could prove would be both speculative and localized, and the hardship and competitive disadvantage resulting from forced divestiture would be both dramatic and certain.

(United States Ninth Circuit) - Affirming a district court conclusion in a putative securities class action relating to a corporate merger that the Securities Exchange Act does not create a private right of action for shareholders confronted with a tender offer and dismissing the complaint as to one defendant, who was not a proper defendant, holding that the Exchange Act requires a showing of negligence rather than scienter for the claims brought, and remanding for the district court to reconsider the defense motion to dismiss under the negligence standard.

MarilynMusic Has Just Released 18 New Songs!

ProgStock Festival Was Founded To Give Artists And Fans In The Genre Of Progressive Rock A Place To Play

Award-winning Recording Artist MARINA V Teams Up With Legendary Singer/songwriter, DAN NAVARRO, For Their Artistic Rendition Of PAT BENATAR'S 1984 GRAMMY-nominated Hit, WE BELONG

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.

(United States Ninth Circuit) - Affirmed. An organization of wireless providers appealed the district court's denial of a preliminary injunction in their challenge of a Berkeley ordinance requiring cell phone retailers to warn potential buyers that carrying a phone could cause them to exceed FCC guidelines for exposure to radio-frequency radiation.

(California Court of Appeal) - Reversed and remanded. The trial court sustained the Defendant’s demurrer without leave to amend to Plaintiff’s third amended complaint. The appellate court held that Plaintiff made a sufficient showing for leave to amend and directed Plaintiff to amend their complaint consistent with this opinion.

Kindred Spirits Met When Japanese Noise Legend Merzbow Got Together In The Studio With Fellow Countryman Keiji Haino And Drummer Balazs Pandi For A New Recording On RareNoiseRecords

Holmeswood Transports The Carefree Euphoria Of The Saturday Night Fever Disco Era Into The Future Fueled With Electro-techno-dubstep Vibes Up To Planet Holmeswood

The Techno Artist And DJ Known As 01100110 Has Released His Latest EP Album, “Seaside Hollows” On His New Record Label “Elektroakustische Tanzmusik.”

JES, The Voice That Melts The Heart Of The Dance Floor Steps Into Fall With A New Song "We Belong To The Night" And A Brand New Vibe!

(United States Ninth Circuit) - Reversing a district court order decertifying a class action relating to an alleged aphrodisiac called 'Cobra Sexual Energy' because the district court abused its discretion in decertifying the class on the basis of the plaintiff's inability to prove restitution damages through the full refund model because plaintiff's damages model matched his theory of liability and because his damages model was supportable on evidence that could be introduced on trial and whether plaintiff could provide damages to a reasonable certainty on the basis of his full refund model was a question of fact to be decided at trial.

(United States Federal Circuit) - Affirmed that tribal sovereign immunity could not be asserted in a patent proceeding. A pharmaceutical company involved in a dispute over an eye medication patent transferred the title of its patent to a Native American tribe, which then moved to terminate the patent proceeding on the basis of sovereign immunity. Concluding that tribal sovereign immunity cannot be asserted in inter partes review, the Federal Circuit affirmed the denial of the Tribe's motion to terminate the proceeding.

(United States Fifth Circuit) - Held that a manufacturer of medical syringes that falsely advertised its products did not have to disgorge its profits. That remedy would not be equitable under the circumstances here. Affirmed a post-trial ruling, in this lawsuit brought by a competing syringe manufacturer that also involved antitrust claims.

Het coronavirus (COVID-19) heeft impact op alle industrieën en zorgt voor een hoop uitdagingen en kansen voor organisaties. Remote werk kreeg een boost die we nooit voor mogelijk hadden gehouden. In dit artikel delen we de inzichten die we kregen tijdens onze remote design sprints, met een focus op handige tools, plus enkele tips en […]

Welke whiteboard-tools kun je online gebruiken, hoe kun je veilig videobellen via Zoom, en wat is de beste bedrijfsstrategie tijdens de coronacrisis? Dit – en meer – zijn de best gelezen artikelen op Frankwatching in de maand april. 1. Zoom & privacy: zo kun je veilig videobellen [how to] Zoom stond de afgelopen weken vol […]

“Als je iemand vertrouwt, maak je hem betrouwbaar”, zei de Romeinse filosoof Seneca. Maar geldt dat nog steeds in deze snel veranderende online wereld? Kun je in tijden van alternatieve feiten en online oplichters wel uitgaan van vertrouwen? En als asociaal eigenbelang op de loer ligt? Zeker in organisaties willen we graag ‘in control’ zijn […]

Met de huidige omstandigheden verandert de manier waarop we communiceren met klanten. Video gaat steeds meer een rol spelen. Google speelt hier goed op in en komt met de YouTube Video Builder. Hierdoor wordt het voor ieder midden- en kleinbedrijf mogelijk om zonder kennis van videobewerking of dure videoproductie aan de slag te gaan. Scheelt […]

Nu we middenin de coronacrisis zitten en we voorlopig ook nog steeds met de beperkende maatregelen hebben te maken, hebben veel bedrijven het moeilijk. We weten niet hoe lang de situatie nog zo blijft. Als er op een bepaald moment nieuwe ontwikkelingen zijn, zoals een versoepeling van de maatregelen, dan wil je natuurlijk zo snel […]

De coronacrisis heeft een grote impact op de manier waarop we op dit moment met elkaar omgaan. Dat deze crisis een enorme boost gaat geven aan de digitale transformatie, is wel duidelijk. Maar wat zijn de consequenties van deze digitale versnelling voor de relatie tussen organisaties en hun klanten? Gaan we straks weer terug naar […]

Van gemeenten wordt anno 2020 verwacht dat zij inwoners betrekken bij participatietrajecten, zijzelf dienen vooral een faciliterende rol op zich te nemen. Maar hoe maak je als gemeente hierin de juiste keuzes: organiseer je een fysieke bewonersbijeenkomst of kies je voor een online raadpleging? Uit het onlangs gepubliceerde onderzoek ‘Staat van Betrokkenheid 2020’ van onderzoeks- […]

Benjamin Crump, a civil rights attorney representing the father of Ahmaud Arbery, called for police to arrest the Georgia man who filmed Arbery being shot and killed, USA Today reported Thursday.

Discretion over acceptance of the DOJ's bid to drop charges against Michael Flynn lies with a left-wing judge, explained Hans von Spakovsky.

President of Judicial Watch Tom Fitton told Breitbart News that General Michael Flynn only got justice because he had lawyers who "insisted upon it" and pushed back "against the entire political class" in Washington, D.C.

On Friday’s broadcast of MSNBC’s “All In,” Senate Minority Leader Chuck Schumer (D-NY) stated that vote by mail provisions “will be a very important part of the legislation that we’re going to put forward, and we are going to fight

California Gov. Gavin Newsom (D) on Friday signed an executive order permitting all registered voters in the Golden State to vote by mail in the upcoming presidential election, citing health concerns stemming from the Chinese coronavirus epidemic.

The United Kingdom’s Office for Standards in Education, Children’s Services and Skills (Ofsted) argued before the High Court that Christian groups should not allow their religious beliefs to influence their professional activities.

Queen Elizabeth II marked the 75th anniversary of Victory in Europe Day with an address to the British Commonwealth honouring the sacrifice of the fallen.

"How did Michael Moore become a hero to climate deniers and the far right?" asks a disturbed and tearful George Monbiot in the Guardian. Simple: by speaking the truth, for a change.

On Friday’s broadcast of MSNBC’s “All In,” Sen. Bernie Sanders (I-VT) discussed what kind of economic stimulus should be passed to respond to the coronavirus and stated that it would be “an economic disaster” if President Trump didn’t fund the

For the first time in eight weeks, Hawaii has reported no new statewide cases of COVID-19, leaving the total case count since the beginning of the pandemic at 629.

A 77-year-old Michigan barber said he won't stop working "unless he is tasered by the police or Jesus Christ himself walks in" and will continue defying Gov. Gretchen Whitmer's executive orders.

Virginia Gov. Ralph Northam (D) detailed guidelines on Friday for the state to begin reopening next week under strict restrictions.

Nearly three-fourths of U.S. adults say China bears responsibility for American coronavirus deaths, a Morning Consult tracker poll released Friday revealed.

(California Court of Appeal) - In a defamation suit brought by an attorney for Paul Ceglia throughout Ceglia's lawsuit against Facebook, Inc. and its founder, Mark Zuckerberg, the trial court's grant of defendants' motion to strike plaintiff's complaint under the anti-Strategic Lawsuit Against Public Participation (SLAPP) statute, Code Civ. Proc. section 425.16, is affirmed where: 1) although the statement underlying plaintiff's defamation claim was not subject to the litigation privilege of Civil Code section 47(b), it was subject to the fair and true reporting privilege of Civil Code section 47(d); and, thus 2) plaintiff has no probability of prevailing on his claim.

(United States First Circuit) - Reversed and remanded in a case involving the enforcement of arbitration clauses in online contracts. Plaintiffs filed suit against defendant alleging violations of Massachusetts consumer-protection statute. Defendant operates a ride-sharing service requiring customers to register using the Uber App. In the app is a page that has a button that will take you to Terms and Conditions, which a user is not required to accept and which contains an agreement to arbitrate any dispute. The district court granted defendant's motion to compel arbitration and dismissed the complaint. In reversing and remanding the First Circuit held that the terms of the agreement were not reasonably communicated to plaintiffs.

(United States Ninth Circuit) - Affirmed that a federally recognized Indian tribe was prohibited from operating an internet bingo casino. The State of California and the United States brought this lawsuit contending that the tribe's online bingo game violated the federal Unlawful Internet Gambling Enforcement Act. Agreeing with the governmental plaintiffs, the Ninth Circuit affirmed summary judgment against the tribe, holding that while the Indian Gaming Regulatory Act protects gaming activity conducted on Indian lands, it did not permit the tribe's internet bingo game that reached patrons located off Indian lands.

(United States Seventh Circuit) - Affirmed the certification of a class action alleging that a software company's downloadable product to improve computer speed and performance was a scam. Held that the district court did not abuse its discretion in certifying a nationwide class and an Illinois subclass of software purchasers.

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UK Singer/songwriter Ben Hobbs Teams Up With Grammy Nominees Catherine Duc And Gene Grimaldi On His Latest Remix

(United States Seventh Circuit) - Affirmed the certification of a class action alleging that a software company's downloadable product to improve computer speed and performance was a scam. Held that the district court did not abuse its discretion in certifying a nationwide class and an Illinois subclass of software purchasers.