Keep your finger on the legal world's pulse

Two Am Law 100 firms and several plaintiff firms have entered appearances in the litigation and investigations surrounding the collapse of the Francis Scott Key Bridge in Baltimore. Duane Morris and Blank Rome have filed a court petition to limit their liability, while DiCello Levitt and Saltz Mongeluzzi Bendesky Trial Lawyers have been retained by the city of Baltimore. Stewart Miller Simmons Trial Attorneys and Kreindler & Kreindler are representing the victims' families. More law firms are expected to join the legal battle as the investigations proceed. The cargo ship's owner and manager have turned to Duane Morris and Blank Rome to cap their liability. The city of Baltimore plans to launch legal action against the wrongdoers and seek compensation for the residents. The FBI has opened a criminal investigation into the cargo ship crash. The case is likely to draw out over the next few years.

 

Law

Colorado Governor Jared Polis has signed into law the first measure in the U.S. aimed at protecting the data found in a person's brainwaves. The law is a response to the increasing advancements in neurotechnology, which make scanning, analyzing, and selling mental data more possible and profitable. The legislation provides a framework to protect Coloradans' personal data while allowing the development of new technologies. The Neurorights Foundation, a non-profit promoting ethical neurotechnology development, supports the bill. The law focuses on consumer products outside of a hospital setting, as medical privacy laws already cover neuratechnologies used in clinical settings. Big tech firms like Facebook, Meta Platforms, and Neuralink are developing brain activity detection technology for commercial use. The U.S. FDA has approved human studies for Neuralink's brain implants. Other governments worldwide are also working on increasing consumer protections for neurotechnological products.

 

Reuters

President Joe Biden plans to nominate Joseph Palmore and Carmen Iguina González for the District of Columbia Court of Appeals. Palmore, a partner at Morrison & Foerster, has extensive experience arguing cases at the U.S. Supreme Court. Iguina González, a civil rights lawyer at Kaplan Hecker & Fink, heads the Howard University School of Law Civil Rights Clinic. Both nominees will be presented to the U.S. Senate for consideration. The D.C. Court of Appeals handles appeals from the city's trial court and attorney discipline matters. Palmore's clients have included Apple and Chobani. Iguina González previously clerked for Justice Sonia Sotomayor and has worked at the ACLU Immigrants' Rights Project. This nomination follows Loren AliKhan's appointment as the first South Asian American woman on the D.C. federal court.

 

 

Reuters

Lei Shi has been appointed managing partner of the Beijing and Shanghai office of Clifford Chance, the firm has said. Shi, who specializes in international arbitration, regulatory compliance and investigations, and general commercial litigation, will succeed Terence Foo and Tim Wang on May 1. Wang will chair the firm's China practice.

 

Bloomberg Law

Mona Bhalla has joined Alston & Bird as a partner with the litigation and trial practice group and insurance litigation and regulation team in New York. Bhalla's experience covers insurance, financial services regulation, and management of transactions. She joins the firm from the New York State Department of Financial Services, where she held the role of deputy superintendent for the Life Bureau.

 

Bloomberg Law

Adidas has appeared before a U.S. appeals court, seeking to revive a trademark lawsuit against fashion house Thom Browne. In 2021 it sued the New York designer's brand, claiming Thom Browne's four-bar and "Grosgrain" stripe patterns on its shoes and high-end activewear violated its three-stripe trademark rights. In 2023, a federal jury determined that the fashion house's designs were not likely to cause consumer confusion. On Wednesday, a three-judge panel on the 2nd U.S. Circuit Court of Appeals criticised Adidas' argument that a Manhattan judge issued flawed instructions to the jury. "You had a two week jury trial and the jury, your opponent said, was out for two hours?" Senior U.S. Circuit Judge Barrington Walker told Adidas' attorney. "That suggests that they just didn't buy your case". The case is Adidas America Inc v. Thom Browne Inc, 2nd U.S. Circuit Court of Appeals, No. 23-166.

 

Reuters

Apple has asked a judge to force video game distributor Valve to disclose business records that it needs to battle an antitrust class-action lawsuit. Apple claims that Valve has refused to provide sales and commission data that are "core" to its defense in the consumer lawsuit. The records will show how Apple's App Store competes with other gaming services and platforms. Valve's Steam is the largest games store on PCs and Macs, according to Apple. The company accuses Valve of failing to agree to a request for information about its commission rates and other financial data. Apple denies the allegations and has asked the court to undo the class certification order.

 

Reuters

Google has suspended more than two dozen employees who participated in protests against the company’s work with the Israeli government on Tuesday, objecting to a $1.2bn contract it signed with the U.S. ally three years ago. Dozens of employees began occupying company offices in New York City and Sunnyvale, California. The contract, known as Project Nimbus, that Google shares with Amazon provides cloud computing services to the Israeli government. It has faced backlash from employees and activists since it was signed in 2021, but the objections have grown amid Israel’s ongoing military campaign in Gaza. The suspended workers received a message from the company's Employee Relations group informing them that they had been put on administrative leave. “Administrative leave means that we will be shutting off your access to Google's campuses and systems and you are required to refrain from work until further notice and not come into the office,” according to the email, which was seen by Bloomberg. “We are keeping this matter as confidential as possible, only disclosing information on a need to know basis.”

 

Bloomberg

Workers at Disneyland who bring beloved characters to life have collected enough signatures to support their push for a union. The group of 1,700 performers filed an election petition with the National Labor Relations Board and have asked The Walt Disney Co. to recognize their union, called "Magic United." Most of the workers at Disneyland Resort already have unions, but parade and character workers are seeking unionization to address safety concerns and scheduling. The union would be formed under Actors' Equity Association. Union membership has been declining in the U.S., but public support has grown in recent years.

 

U.S. News

The New York Times reports that the U.S. Federal Trade Commission will meet next week to discuss whether to sue on antitrust grounds to block Coach owner Tapestry's $8.5bn takeover of Capri Holdings, whose portfolio includes Michael Kors and Versace. The merger aims to create a U.S. fashion powerhouse to compete better with bigger European rivals amid a slowdown in luxury spending. As well as Coach, Tapestry owns Kate Spade and Stuart Weitzman, while Capri also has the Jimmy Choo label on its roster. In a statement, a Tapestry representative said: “We strongly believe this is a deal that deserves to clear as it is pro-consumer and pro-competitive." Tapestry’s and Capri’s brands compete in a dynamic luxury market, she added, and consumers have ample choice across categories and price points.

 

Bloomberg

Market Watch

New York Times

Reuters

The European Court of Justice has ruled that the name of late Colombian drug lord Pablo Escobar cannot be registered as an EU trade mark. The court upheld the decision of the EU's intellectual property office (EUIPO) to refuse a trade mark application by Escobar Inc. The court stated that the name of Pablo Escobar is associated with drug trafficking, narco-terrorism, and the crimes and suffering resulting from them, rather than any potential good deeds. Escobar Inc., founded by Pablo Escobar's brother Roberto de Jesús Escobar Gaviria, had applied for the trade mark. Gaviria spent 12 years in prison for his involvement in his brother's criminal organization. The ruling prevents the use of Pablo Escobar's name for commercial purposes in the EU.

 

Bloomberg

Reuters