The Litigation Daily The daily source for legal business news, analysis and intelligence from the editors and reporters at The AmLaw Litigation Daily. en-us Copyright 2014. ALM Media Properties, LLC. All rights reserved. The Litigation Daily New York Joins Delaware, Rejects 'Entire Fairness' Test for Kenneth Cole Buyout Deal The N.Y. ruling comes seven months after the Delaware Supreme Court held that courts should use the management-friendly business judgment rule to review going-private deals like the buyout planned for Kenneth Cole. Sun, 23 Nov 2014 22:53:58 EST 1202677251024 Aereo Bankruptcy Ends One Chapter, Starts Another Five months after the U.S. Supreme Court decided Aereo's business model was in direct conflict with copyright law, the online television company announced Friday that it filed for bankruptcy protection. But Aereo says its lawyers still have plenty of work to do. Fri, 21 Nov 2014 15:34:43 EST 1202677158658 High Court Eyes First Amendment Puzzle in Elonis Appeal The U.S. Supreme Court is used to arguments over what words mean—hence the terms "originalist" and "textualist" and the quarrels over congressional intent. Next month the court will hear oral arguments in a case that engages words in a uniquely modern context: one involving rap music and social media. Thu, 20 Nov 2014 20:09:40 EST 1202677057999 Litigator of the Week: Winn Carter of Morgan, Lewis & Bockius After two codefendants fled a billion-dollar trial over catastrophic pollution with a last-minute settlement, Carter and his client faced the jury alone and walked away with a take-nothing verdict. Thu, 20 Nov 2014 17:11:54 EST 1202677038513 The Global Lawyer: Pro Bono Law in an Anti Bono Land Is pro bono about feeling good, or maximizing legal services for the poor? Wed, 19 Nov 2014 17:09:18 EST 1202676912565 Intern Litigation Update: Gucci Sued, Condé Nast Cuts a Deal A magazine giant inked a settlement to escape one intern class action while a fashion icon got roped into another. Wed, 19 Nov 2014 16:26:26 EST 1202676904653 Litigation Finance Meets Crowdfunding With New Wall Street Startup LexShares, a crowdfunding platform aimed at financing lawsuits, is banking on the notion that mainstream investors will want to cash in on the growth of third-party litigation funding. Wed, 19 Nov 2014 00:01:24 EST 1202676828979 Sirius XM Ousts Weil, Taps O'Melveny in Copyright Cases After a string of adverse rulings in a battle over the rights to pre-1972 music, Sirius XM Radio Inc. has completely replaced its legal team with a squad of lawyers from O'Melveny & Myers, led by Daniel Petrocelli. Tue, 18 Nov 2014 17:39:01 EST 1202676811150 Sirius XM Suffers Another Loss in Turtles Copyright Crusade In a decision that upsets the status quo for the music and copyright worlds, a New York federal judge ruled that the owners of pre-1972 sound recordings have performance rights to their songs and can therefore sue for copyright infringement. Mon, 17 Nov 2014 21:13:38 EST 1202676699909 Unilever Faces Blowback in Mayonnaise False Ad War Evidence that Unilever altered its website to buttress false advertising claims against Just Mayo provoked a new round of bad press—and possibly ammunition for Boies Schiller to fight the company's preliminary injunction bid. Mon, 17 Nov 2014 17:16:33 EST 1202676678113 Supremes Won't Revisit Summary Judgment Standards in Milk Antitrust Case Wilmer's Seth Waxman, along with Steven Kuney of Williams & Connolly, cast Dean Foods v. Food Lion as a chance for the Supreme Court to clear up confusion over the ingredients for a successful summary judgment motion. But the justices didn't take the bait. Mon, 17 Nov 2014 13:24:29 EST 1202676628073