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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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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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Menaker v. Hofstra University

(United States Second Circuit) - Vacated and remanded. Finding the district court’s decision conflicts with 2nd Circuit precedent in Doe v. Columbia University, the judgement dismissing Menaker’s complaint for failure to make a claim reversed.




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United States v. Ryan et al.

(United States Second Circuit) - Affirmed. The panel affirms the district court’s application of a four-level enhancement to a defendant who either sells a firearm and drugs to a buyer in a single transaction or to a buyer who the defendant has reason to believe is a drug dealer.




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Van Buskirk v. The United Group of Companies

(United States Second Circuit) - Vacated and remanded. Because courts may freely permit jurisdictional amendments even at the appellate level, vacated the judgment of the district court and remanded for further proceedings.




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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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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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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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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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Connecticut Ironworkers Employers Association, Inc. v. New England Regional Council of Carpenters

(United States Second Circuit) - Vacating the district court's determination that a carpenters union was entitled to summary judgment as to Sherman Act Antitrust charges, but affirmed summary judgment for them as to unfair labor practices charges in a case where the union used subcontracting to include ironworking in their activities because the union did not qualify for the non-statutory exemption to antitrust liability, but qualified for the construction industry proviso.




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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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Sunpreme Inc v. US

(United States Federal Circuit) - Defendant appealed from a judgement of the US Court of International Trade in favor of plaintiff. The Court of Appeals held that the Court of International Trade lacked jurisdiction to hear plaintiffs claims and reversed the judgement. The Appeals court concluded that jurisdiction under 28 USC section 1581 may not be invoked until administrative remedies are exhausted.




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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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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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Richmond Compassionate Care Collective v. 7 Stars Holistic Foundation Inc.

(California Court of Appeal) - Affirmed the denial of an anti-SLAPP motion, in a lawsuit accusing certain organizations and individuals of attempting to restrain trade and monopolize a city's medical marijuana market.




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Communication, Privacy, and Community in the New Normal

An article by Israeli historian Yuval Noah Harari, The World After Coronavirus, describes general dynamics of crises and particularly the current crisis: Many short-term emergency measures will become a fixture of life.  That is the nature of emergencies.  They fast-forward historical processes.  Decisions that in normal times could take years of deliberation are passed in … Continue reading Communication, Privacy, and Community in the New Normal




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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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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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WORLDS FIRST POETRY OLYMPICS LAUNCHES ONLINE IN AUGUST 2018

The Poetry Olympics Is A Brand-New Initiative Created To Encourage, Inspire And Empower Writers Of Every Style And On Every Level.




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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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Carlson v. University of New England

(United States First Circuit) - Reinstated a university professor's claims that she was retaliated against in violation of Title VII and the Maine Human Rights Act. The professor alleged that she was transferred to a different department and suffered other retaliation after she complained of being sexually harassed by her department chair. Agreeing that genuine disputes of material fact existed, the First Circuit reversed the entry of summary judgment for the university and remanded.




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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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Richard v. Regional School Unit 57

(United States First Circuit) - Held that a school did not unlawfully retaliate against a kindergarten teacher for her advocacy on behalf of students with disabilities. The teacher claimed that she was transferred to a different school and suffered other adverse actions. However, after a bench trial, the district court was not persuaded that her advocacy was the reason for these personnel actions, and thus rejected her claims under the Americans with Disabilities Act and other state and federal statutes. On appeal, the First Circuit affirmed in a 2-1 decision.




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Harry v. Countrywide Home Loans, Inc.

(United States First Circuit) - Affirmed the dismissal of a homeowners' action to void a mortgage and enjoin their property's foreclosure sale. The lenders argued that the homeowners had waited too long to assert their claims under the Real Estate Settlement Procedures Act, the Truth in Lending Act, RICO and other statutes, because they entered into the mortgage in 2005 and defaulted on it in 2009. The First Circuit agreed that their claims were time-barred, rejecting the homeowners' fraudulent concealment argument and other attempts to escape the time bars.




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Punk Pioneers D.O.A. Celebrate 40th Anniversary

New Studio Album Fight Back To Be Released May 1, 2018; 40th Anniversary World Tour




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Canadian Celtic Rock Group Fiùran Releases A Wonderfully Refreshing & Haunting New Album

Which Names Spring To Mind When You Think Of Folk Rock Music? Jethro Tull, Perhaps?




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Prince Amine Opens For Maitre Gims - Announces New Album

Canadian Singer Prince Amine Announces New Album And Will Be The Opening Act For Maitre Gims On May 4th




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CANADIAN TRIO BEYOND THE SUN RELEASES A SUMMER POP SMASH STOP

Beyond The Sun, The Canadian Reared Trio Of Brothers, Premiered Their Latest Release STOP On All Major Online Retailers Today.




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Canadian Americana Artist Tia McGraff Announces August CD Release Party In Windsor, Ontario

Award-winning Canadian Singer-songwriter Tia McGraff Has Announced Her CD Release Party For New Album, "Stubborn In My Blood," (out August 13th.)






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Home-building academy’s goal: Provide a foundation for people seeking stable careers, new starts

Billy Liptrot is making the transition from prison to life on the outside just as one of the nation's hottest economic streaks has imploded in the face of a global pandemic. But the 38-year-old husband and father is optimistic as he undertakes training for what he hopes will lead to a career as a carpenter in the home building industry. And the industry says years of "under building" could help the industry bounce back as the economy improves.




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Guest Commentary: Once again, we must ask what we can do for our country

Sixty years ago, a young president urged us to ask what we could do for our country. We have not heard that challenge since. But now our health and economic threats require us to renew that challenge and recover the ideal of service.




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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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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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DCPA postpones “Hamilton” ticket sale two days after announcing it

Two days after announcing it, the Denver Center for the Performing Arts is postponing public sales of tickets for the touring Broadway musical “Hamilton.”




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Kiszla vs. O’Halloran: Would John Elway be dumb to draft for need in first round?

In the first round, Mark Kiszla wants the best player available, with the most Pro Bowl potential, regardless of position, every single time. Is that the right approach?






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Kiszla: Saying goodbye, unable to give a final hug to my dying mother, during the time of coronavirus

During the final minutes of her life, heartbeat fading, my mother was too weak to speak or open her eyes. But 1,500 miles away from where hospice had gently laid her down to die, I felt the strength of her spirit pushing me out the door. So I grabbed cross-country skis from the garage, clicked boots into my bindings and glided across a cold, empty meadow, where I surrendered Mom to the hand of God.