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August 25, 2017 | New York Law Journal

Attorneys Say 'Martoma' Does Little to Settle Insider Trading Concerns

The Second Circuit's split decision in an insider trading case 'United States v. Martoma' was a clear win for attorneys at the DOJ and SEC. But it may not put to rest uncertainty over the nature of relationships that may create liability under securities law.

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Center for Biological Diversity v. Mattis

Publication Date: 2017-08-22
Practice Area: Environmental Law | Civil Procedure
Industry: Defense | Federal Government
Date Filed: 2017-08-21
Court: 9th Cir.
Judge: Edward M. Chen, District Judge, Presiding Before: Ferdinand F. Fernandez, Mary H. Murguia, and Paul J. Watford, Circuit Judges.
Attorneys: For plaintiff: Sarah Burt (argued) and J. Martin Wagner, Earthjustice, San Francisco, California, for Plaintiffs-Appellants.
for defendant: Mark R. Haag (argued), Peter Kryn Dykema, and Andrew C. Mergen, Attorneys; John C. Cruden, Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Jonathan C. McKay, Office of General Counsel, Department of the Navy, Washington, D.C.; Phillip J. Riblett, Office of the Legal Adviser, United States Department of State, Washington, D.C.; for Defendants-Appellees.
Case Number: No. 15-15695

Non-profit environmental organization had standing to challenge government's approval of new military base in Okinawa (Murguia, J.)

August 18, 2017 |

Judge Follows Suit in Ordering Google to Comply With Warrant

Following suit with two other federal district court judges, U.S. District Judge Juan Sánchez of the Eastern District of Pennsylvania on Thursday…

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People v. Button

Publication Date: 2017-08-18
Practice Area: Criminal Law
Industry:
Date Filed: 2017-08-17
Court: C.A. 4th
Judge:
Attorneys: For plaintiff: Kathleen A. Kenealy, Acting Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Arlene A. Sevidal and Christine Yoon Friedman, Deputy Attorneys General, for Plaintiff and Respondent.
for defendant: Allison L. Ehlert, under appointment by the Court of Appeal, for Defendant and Appellant.
Case Number: No. D070341

No need for Boykin-Tahl advisement regarding stipulation that has potential impact on future sentencing decisions only (Aaron, J.)

August 17, 2017 | The Legal Intelligencer

Pa. Judge Follows Suit in Ordering Google to Comply With Warrant

U.S. District Judge Juan Sanchez's ruling is another rebuke of a controversial ruling by the Second Circuit last year in favor of tech companies that warrants under the Stored Communications Act cannot reach outside the United States.

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Skulason v. California Bureau of Real Estate

Publication Date: 2017-08-17
Practice Area: Privacy | Criminal Law | Real Estate
Industry: Real Estate
Date Filed: 2017-08-16
Court: C.A. 1st
Judge:
Attorneys: For plaintiff: Counsel for Plaintiff and Respondent: Kamala D. Harris, Attorney General, Xavier Becerra, Attorney General, Kathleen A. Kenealy, Acting Attorney General, Diane S. Shaw, Senior Assistant Attorney General, Lisa W. Chao, Supervising Deputy Attorney General, Stephen Lew, Supervising Deputy Attorney General, Nhan T. Vu, Deputy Attorney General.
for defendant: Counsel for Defendant and Appellant: Kelly A. Woodruff, Farella Braun + Martel LLP, Aviva J. Gilbert, Farella Braun + Martel LLP.
Case Number: No. A147047, A147814

Bureau of Real Estate had no mandatory duty to remove from website publicly available information about licensee's dismissed misdemeanor convictions (Humes, P.J.)

August 16, 2017 | Litigation Daily

The Arbitration Fight You Didn't Know Was Happening—And that Skadden Is Winning

For all the attention being paid these days to mandatory arbitration of consumer financial disputes, there's another unlikely battleground: roof shingles. Seriously.

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Ponte v. County of Calaveras

Publication Date: 2017-08-16
Practice Area: Contractual Disputes | Government
Industry: State and Local Government
Date Filed: 2017-07-17
Court: C.A. 3rd
Judge:
Attorneys: For plaintiff: Law Offices of Kenneth M. Foley and Kenneth M. Foley for Plaintiff and Appellant.
for defendant: Caulfield Law Firm and Andrew T. Caulfield for Defendant and Respondent.
Case Number: No. C079180

Attorney fees properly awarded against plaintiff attempting to collect from county for work performed without contract (Duarte, J.)

August 15, 2017 | New York Law Journal

Lost Profit Damages Three Years After 'Biotronik'

Elizabeth A. Edmondson and Jenna E. Ross write: In March 2014, the Court of Appeals issued a 4-3 decision in 'Biotronik, A.G. v. Conor Medsys. Ireland' that—according to the dissent and considerable commentary—threatened to upend previously settled New York damages law. Three years later, however, no sea change in the New York law of lost profit damages appears to have occurred.

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August 15, 2017 | New York Law Journal

Of Fair Use, Rastafarian Photos, and Rule 12(b)(6)

Copyright Law columnists Robert W. Clarida and Robert J. Bernstein write: Appropriation artist Richard Prince is back in court this summer for alleged copyright infringement, and the initial proceedings do not augur well for his current efforts to defend his "recontextualizing" of another's photograph as a fair use.

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