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Moneyball and Sports Business

Yes, it takes place off the field as well. Here are best practices for sports figures and sports lawyers: What matters most? In litigation, that means winning or a successful settlement. In corporate,...

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Postscript: Hulk Hogan and the Judicial Practice

We previously blogged on the Hulk Hogan case and on Friday the Florida jury gave a $115 million answer. It is easy to say that the peasants with their pitchforks are having what-for with “the media.”...

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Back to Basics: D’Angelo Russell, Tape Recording and Privacy

D’Angelo Russell is the talk of the town because he tape recorded his Lakers teammate, Nick Young, gossiping about Young’s love life away from his fiancé, Iggy Azalea. In California, you cannot tape...

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Does Thon Maker Make the NBA?

Take a look at his highlight reel. Looks good. Great backstory (from war-torn Sudan). And wants to play pro ball. He is 19 and is at one of those finishing schools back east. Essentially a 5th year of...

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I Got a Line On You: Trial Court Says Spirit May Proceed Against Led Zeppelin...

Spirit was a well-regarded 60’s band that opened for Led Zeppelin. Now, Spirit is suing Led Zeppelin for copyright infringement over the song “Stairway To Heaven,” despite the passage of time. As...

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Why Movie Chains Should Breathe a Sigh of Relief Over the Aurora Verdict

A civil jury in Colorado has just decided that Cinemark is not liable for the terrible shooting in Colorado. The jury took less than a day to reach its verdict. This is an important decision for a...

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Tony Gwynn and Tobacco: Is It Negligence if You Voluntarily Partake?

Tony Gwynn has been one of the great players in baseball during my lifetime. He also was a lifelong user of smokeless tobacco. He is also dead. Now his family is suing the tobacco industry, alleging...

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Here We Go Again: Richard Prince Sued for Photos

Richard Prince is a well-known artist who has been sued for appropriating others’ photos. In an oft-cited previous case, he was sued in the Second Circuit (in New York) for taking photos of indigenous...

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What is a Fair Sentence for Hacking a Baseball Team?

A district court judge in Texas sentenced a former St. Louis Cardinals scouting director to 46 months in jail for hacking into the Houston Astros computers. Wow. Yes, it is a crime and there were five...

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Is There a Duty to Warn Athletes About Zika Before They Go to Rio?

I once tried a police brutality case where the Highway Patrol (aka CHIPs) stopped a woman who had five children, not her own, in the car. We obtained her medical records and found out that she had...

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The Olympics and Tax Law

When I took Federal Income Tax in law school, the professor got up in front of the class and for his opening line started out by saying, “The Federal Income Tax Code is a Social Policy Document.” And...

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Can Ryan Lochte Be Forced Back to Brazil?

The controversy surrounding U.S. Olympic swimmer Ryan Lochte, three of his teammates and a purported robbery took a rather bizarre turn within the past 48 hours. I have no idea whether he and his...

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Are Stadiums Covered for Shooting Events?

One of my law school professors was well-versed in insurance law. He told me that he had any number of prominent non-coverage lawyers come to hire him as a consultant on discreet insurance questions....

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Defining Rights in Blended Families

Every once in awhile, we see something that smacks of a hypothetical. Russell Wilson and his singer wife Ciara have announced that they are expecting (which is wonderful). She has a child by a former...

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Price of Business Interview – Five Things to Consider Before Filing a Lawsuit

I was recently interviewed on The Price of Business, a talk radio show that airs on Business Talk 1110 AM KTEK in Houston. The topic was one that I’ve spoken on many times – factors to consider before...

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GDPR实施一周年及国家监管机构职责回顾

2019年5月25日,GDPR实施已满周年,一年实施期间让众多跨境企业尤其是在欧洲市场开展业务的跨境企业如履薄冰,社会各界对于GDPR是非功过莫衷一是。周年之际,欧洲数据保护委员会发布官方周年报告First Overview On the Implementation of the GDPR and the Roles and Means of the National Supervisory...

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工程内部承包与挂靠的识别问题

近日某客户要求审查公司内部承包经营合同,经通读全文并与客户确认后发现,客户拟通过签署公司内部承包合同的形式,实现工程资质挂靠之实。因此,本着格物致知的精神,尽可能全面地梳理了内部承包与挂靠相关的法律规范(包括法律、法规、司法解释、地方司法性文件),以探究内部承包与挂靠的“罗生门”。 一、内部承包与挂靠的相关法律规范 《关于改革国营施工企业经营机制的若干规定》...

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1587年与1768年——A YEAR OF NO SIGNIFICANE?

万历十五年,亦即公元1587年,在西欧历史上为西班牙舰队全部出动征英的前一年,而在中国,这平平淡淡的一年中,发生了若干为历史学家所易于忽视的事件。这些事件,表面看来似末端小节,但实质上却是以前发生大事的症结,也是将在以后掀起波澜的机缘。在历史学家黄仁宇的眼中,其间的关系因果,恰为历史的重点,而我们的大历史之旅,也自此开始...... 叫魂——1768年中国妖术大恐慌 万历十五年——无关紧要的一年

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“安慰函”是否构成保证担保的法律分析

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Truth

謊言的代價是什么What is the cost of lies? 并不是它會被錯當成真相It’s not that we’ll mistake them for the truth. 真正的危險是:如果我們聽了太多謊言The real danger is that if we hear enough lies, 會再無法分辨出真相then we no longer recognize the...

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