28 September 2021Legal Blogs
28 September 2021
- A federal judge has ordered Washington, D.C.’s Kellogg, Hansen, Todd, Figel & Frederick to explain how the firm plans to represent British newspaper Daily Mail in a lawsuit against Google over its digital advertising while also representing Facebook in an antitrust case brought by the Federal Trade Commission.”
- “Kellogg Hansen partner John Thorne filed an April 20 lawsuit against Google on behalf of Daily Mail publishers Associated Newspapers Ltd. and Mail Media Inc. Although his lawsuit is focused only on Google, it is now one of more than 20 lawsuits coordinated in multidistrict litigation. Facebook is named as a defendant in 16 of those lawsuits, which contend the social media company struck a ‘secret agreement’ in 2018 with Google to manipulate online auctions that generate digital advertising revenue.”
- “‘This is a present representation,’ Castel said to a room full of lawyers, who attended the hearing in person. ‘And there may be serious issues on duty of loyalty—duty of loyalty to the Daily Mail or Associated Newspapers, whatever it’s called—that may require you to recommend asserting a claim against Facebook, but you can’t do that because that’s your present client. There may be discovery sought of Facebook. There may be joint defense—not joint defense— joint prosecution meetings, in which strategy is discussed about how do most effectively build a case against Facebook? And I just don’t see how this can happen with the presence of a law firm that, as we speak, represents Facebook. Care to comment?'”
- “Thorne told the judge that Daily Mail had done an ‘extensive’ pre-investigation of its case and that Facebook was a “good partner’ of the Daily Mail. ‘If we ever got to a point where Daily Mail wanted to bring a case against Facebook, I would not be a part of it,’ he replied.”
- “Castel pushed further. ‘Should I bring you into a joint prosecution meeting on how to nail Facebook?’ he asked Thorne. Thorne insisted he could step out of those meetings, but Castel wasn’t convinced. ‘This is what I’m going to require you to do: To brief why there is not, in your view, a present conflict,’ he said. ‘And why it would not be a conflict for you to participate in group meetings?'”
- “‘I’m not accusing anybody of bad faith here, but it’s an odd lineup,’ Castel said at the hearing. ‘It’s a tough situation, and I don’t have a solution or answer as to how you get walled off in meetings.'”
- “The multidistrict litigation over Google’s digital advertising alleges the tech company violated federal and state antitrust laws. Lawsuits were filed on the heels of an Oct. 6, 2020, report by the House Judiciary Committee’s Subcommittee on Antitrust, Commercial and Administrative Law that suggested sweeping overhauls of antitrust law to address growing concerns that Google, Facebook, Amazon and Apple illegally monopolized their markets.”
- ” Specialty insurance distributor Amwins Group is urging a Delaware federal judge to disqualify Faegre Drinker Biddle and Reath LLP from representing carriers it has sued for breach of contract, saying the firm may have a potential conflict of interest. In a brief filed on Thursday, Amwins Group LLC told U.S. District Judge Leonard P. Stark Faegre Drinker should be disqualified because it is ‘concurrently representing Amwins’ interests in a Texas case and adverse to Amwins in this case.'”
- “In its brief, Amwins contends Faegre Drinker should be disqualified because it represents a former Amwins subsidiary in an insurance case in Texas. ‘As the financially responsible party in the Texas case, Amwins has a vital financial interest in the Texas case,’ the brief said. ‘Amwins has paid $200,000 in legal fees and expenses to FD for its services in the Texas case.'”
- “Faegre Drinker has rejected a request to withdraw from the Delaware case and denied that it ‘owed any ethical duty to Amwins,’ according to the filing. However, Amwins argues that the firm ‘has a concurrent conflict of interest’ and should be barred from continuing to serve in the Delaware case.”
28 September 2021Coronavirus and the Courts
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
PRESIDING JUDGE ERIC C. TAYLOR ANNOUNCES NEW ONLINE DISPUTE RESOLUTION PROGRAM FOR PARTIES WITH
UNLAWFUL DETAINER CASES AS CERTAIN COVID-19-RELATED EVICTION PROTECTIONS EXPIRE SEPTEMBER 9/30/21
Click here to see the clerks notice and General Order.
28 September 2021
In service jurisprudence, retrospective seniority cannot be claimed from a date when an employee is not even borne in service. It is also necessary to bear in mind, retrospective seniority, unless directed by Court or expressly provided by applicable Rules, should not be allowed. As in so doing, others who had earlier entered service will be impacted.
The compassionate appointment is not being questioned here. There is a claim for seniority benefit.
Seniority balance cannot be tilted against those who entered service much before. Seniority benefit can accrue only after a person joins service. The principles enunciated in Shitla Prasad Shukla v. State of U.P., (1986) (Supp.) SCC 185 are applicable. To say benefits can be earned retrospectively, would be erroneous. Such view was expressed most recently in Ganga Vishan Gujrati v. State of Rajasthan, (2019) 16 SCC 28.
Arbind Jee has slept over his rights and never earlier pointedly addressed his present claim. Moreover, his was a compassionate appointment without any element of competitive recruitment where similarly recruited have stolen a march over him. Therefore, C. Jayachandran v. State of Kerala, (2020) 5 SCC 230 will be of no assistance.
– Hon’ble Justice Hrishikesh Roy, State of Bihar v. Arbind Jee, [Civil Appeal No. 3767 of 2010].
28 September 2021
As the Securities and Exchange Commission edges closer to requiring corporations to disclose information related to climate change, the agency has provided companies with a sample letter to give them a better idea of what their future interactions may look like. The new disclosure requirements stem from the belated application of guidance first issued way […]
The post SEC Outlines the ABCs of Climate Change Disclosure appeared first on Intelligize.
28 September 2021This new Start-up visa route opened to new applicants at the end of March 2019. The category aims to appeal to individuals wanting to start a business in the UK...
28 September 2021
I was born in Rogers Park, Chicago. When I abandoned college (one of the times), I moved back to work in a Greek and Albanian restaurant and live with my grandparents. I used to enjoy sitting at the breakfast table with them and reading the Tribune, which often carried stories of city and downstate corruption. My grandfather told stories of local aldermen spending $1mm to win $70k jobs (still happening), and recounted the sagas of the state’s jailed governors (there were four in his time). This kind of stuff is endemic to Illinois, the most corrupt state in the nation by evidence and acclamation. It’s Chinatown.
Because these stories of graft and malfeasance are personally interesting to me, and because I’m a cannabis business lawyer, I thoroughly enjoyed this gem of a post last week by Thomas Howard, Esq., on LinkedIn:
Do I trust Mr. Howard’s research, and his math? I want to– he’s a lawyer and “licensing nerd” after all. Of course, nothing I wrote above about Illinois would be admissible as evidence of a lottery fix if we were in court; and neither would anything Mr. Howard wrote (although he is closer). You have to prove it. But the lottery has been rife with problems already, explained away as “clerical oversights” and leading to at least six filed lawsuits. If Mr. Howard’s data are correct, we should see more of them soon on theories spanning from civil rights to administrative process. In the meantime, here are a few takeaways.Cannabis License Lotteries are a Bad Idea
Cannabis license lotteries invariably lead to litigation, as a quick Google search will show going back at least as far as 2014 in states like Washington and Massachusetts. Lotteries in general are a problematic tool to deal with scarce goods, as shown in categories from housing to visas. With cannabis, the government both creates and regulates the scarcity in real time, so it’s probably more analogous to visas than housing. Said another way: with cannabis, public policy doesn’t meld with market factors over a long period to create a limited class of goods. The government just says, “we are only going to issue X amount of cannabis licenses, and you all get to fight for them.”
When a jurisdiction decides to create a limited pool of cannabis licenses, one of three approaches to licensing is typically pursued. These include: 1) competitive licensing (which can also be controversial— we’ve filed these lawsuits); 2) “first to file an application” (always a disaster— e.g. L.A. in 2019; Oregon in 2014); or 3) the lottery. Of these three, competitive licensing and lotteries are attractive to policymakers in that the systems can be designed to favor certain classes of applicants— which is what Illinois was ostensibly trying to do with social equity applicants.
In my view, though, the best approach is NOT to cap license numbers artificially. There are better ways to help social equity applicants and marginalized communities, starting with priority application processing and extending through grants, reduced or waived fees, reinvestment of tax revenues in disproportionately affected areas, automatic expungement, etc. In all other respects, states should treat cannabis businesses like other state-licensed businesses, with zoning laws and local control factors allowed to shape the market. Could you end up like Oklahoma? Sure. But things will even out. The market and not the state should be picking winners here.Public Records and Transparency are Essential
We have been writing recently about public records in the cannabis context, spurred by some frustrating experiences here in Oregon. Public records law is crucial in the context of cannabis licensing. Presumably, Mr. Howard extrapolated his data from a review of public records, a valuable tool for auditing government, gathering market information, or even defending cannabis businesses in administrative proceedings.
Some government records, including meetings, are published and available without much effort on the part of the public. Other records take some digging. You may even have to pay a nominal fee to the government body for their time and effort in fulfilling the request; but most information is up for grabs. With the Illinois cannabis lottery, it seems you can find information on the process and program here. But that is not the end of the story. You can bet the state is awash in public records requests related to its cannabis lottery and will be for a while.“A Couple of Politicians Getting Together in Chicago is a Crime Scene Now”
A federal prosecutor named Jeff Cramer gave us that wonderful quip. Chicago — and Illinois — have always been famously corrupt. But was the lottery rigged? Maybe so! More likely, though, most of these licenses were granted legitimately, and some inappropriately. If that were the case, the scheme would still be consistent with a grand Illinois tradition going back generations— politicians using a state apparatus for personal benefit. Why should cannabis be any different?
Let us know in the comments if you have thoughts or intel on this one. I can’t wait to see what happens.
The post Was the Illinois Cannabis Dispensary Lottery Rigged? Sure Looks Like It! appeared first on Harris Bricken.
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28 September 2021After a couple of years' delay due to the pandemic, the release of the second Downton Abbey movie is imminent. But how would the characters fare under the UK's post-Brexit immigration system?
28 September 2021The Merchant Shipping Directorate within Transport Malta has recently issued new Measurement Guidelines for Yachts and Other Types of Vessels (the ‘Guidelines') which are to be read and construed in conjunction with...
28 September 2021The Merchant Shipping Directorate within Transport Malta issued Guidelines for Changeovers of Commercial Yachts and Pleasure Yachts on the 2nd of September 2021 in line with the requirements of the Malta Commercial Yacht Code.