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Week in Review

By Eric Lanter

What to do When Uncle Sam Steals Your Intellectual Property?

Even the federal government has taken up stealing intellectual property. Some companies, like Bitmanagement, have sued the federal government, despite the fact that they cannot obtain an injunction or treble damages as a result of the action. Several of these actions have sprung from software companies giving the federal government trial software without a license limit imposed. The government then installed the software on hundreds of thousands of systems without paying for additional licenses. Companies can only hope that they will recoup a portion of the millions of dollars lost in the deals.


Antidoping Authorities in 17 Countries Seek Reform

Antidoping authorities from 17 countries met in Copenhagen, Denmark to discuss reforms in sports. During the meeting, one proposal discussed called for prohibiting antidoping employees from having a leadership role in sports, as that would create a conflict of interest. This meeting comes just weeks after the extent of Russia's state-sponsored doping was revealed. Following this meeting, authorities hope that the International Olympic Committee will take a stronger stand in eliminating the conflict of interest between antidoping and leadership roles in countries like Russia.


Reminder of a Lawsuit as Eugenie Bouchard is Knocked Out of U.S. Open

Eugenie Bouchard was knocked out of the U.S. Open Tuesday in her match against Katerina Siniakova. This marks nearly a year since she was concussed during a match at the U.S. Open that prompted her to bring a lawsuit against the U.S. Open and the United States Tennis Association (USTA), as the concussion forced her to withdraw and miss tournaments last year. The USTA has emphasized that she was treated equally, despite the lawsuit. Discovery in the action is ongoing through at least January 2017, and as such, depositions are expected to take place soon.


National Football League Clears James Harrison, Clay Matthews, and Julius Peppers of Doping

Three major National Football League (NFL) stars, James Harrison, Clay Matthews, and Julius Peppers, have been cleared of claims that they were using performance-enhancing drugs. The NFL, after conducting an investigation of a pharmacist each used, concluded that there was "no credible evidence" that they were provided with or used prohibited substances.


One More Appeal for NFL Concussion Case

The late running back Cookie Gilchrist's lawyers have appealed his case to the United States Supreme Court. The appeal is a last ditch effort to alter a concussion-related settlement between the NFL and all retired players, worth hundreds of millions of dollars. Typically, once an appeal is filed, the Supreme Court decides whether to take the case within a few weeks. The question is whether the four Justice requirement for hearing a case will be met, as they agree to hear about one in 100 petitions seeking review.


Pop Warner Faces Class Action Lawsuit

In California, a class action lawsuit has been filed against Pop Warner, the largest youth football league, asserting allegations that children have been knowingly exposed to grave risk of concussion and injury by participating in the football program. Pop Warner, facing declining participation amidst the revelations of football's dangers, now faces the additional costs of paying attorneys to defend the organization. In this sense, Pop Warner has followed in the footsteps of the NFL, which has spent extraordinary amounts of money hiring attorneys to defend itself in recent years.


Meldonium Added to Ban List

The National Hockey League added meldonium to its prohibited substances list. Meldonium is the drug that knocked the Russian under-18 hockey team out of competition this spring.


Suspensions Handed Down for Baseball Dopers

A Boston minor league outfielder, Chad Hardy, was suspended for 60 games following a drug test revealing that he used the performance-enhancing drug Tamoxifen. Free agent pitchers Julio Lugo and Adolfi Tellera each received 72-game suspensions after testing positive for stanozolol, a performance-enhancing drug.


Kardashian Endorsed Product on Instagram, or Did She?

Kim Kardashian, when she posted an image on Instagram of her eating candy, tapped into a larger debate about whether a post on social media with a product is simply a testimonial or an endorsement. The Federal Trade Commission (FTC) has been grappling with this question, as consumer advocacy groups have insisted that such posts should come with tags such as "#ad" or "#sponsored", so that viewers can understand whether they are testimonials or endorsements. The FTC's regulation provides that it should be "clear and conspicuous" to consumers if an individual endorsing a product "has been paid or given something of value." This leaves room for interpretation, which companies have been more than eager to exploit before the FTC makes any firmer of a regulation.


Police Seize Sports Offices in Kuwait

Authorities in Kuwait ordered police to seize the country's Olympic Committee and soccer association offices. This comes after the International Olympic Committee and FIFA suspended the country from the Rio Olympics and the qualifiers for the 2018 World Cup in soccer, as well as the removal of Sheikh Talal Fahad Al-Sabah, the head of both the Kuwait Football Association and the national Olympic Committee.


Investigation Underway of Germany's 2006 World Cup Bid and German Legend Beckenbauer

Switzerland's Attorney General's Office confirmed that an investigation is underway of those who were involved with securing Germany's 2006 World Cup bid. This investigation began in November of last year, following allegations of widespread corruption in FIFA. Investigators focused on a $7.5 million payment from Germany's football entity, which was intended to finance a gala staged as part of the country's bid for the 2006 World Cup. Franz Beckenbauer, a soccer legend in Germany who brought West Germany European and World Cup titles, is under investigation as well. He acknowledged that mistakes were made in the bidding process. Swiss authorities have jurisdiction over this matter by virtue of accounts in question being located in Switzerland.


Fox Wants Ex-Host's Harassment Suit Sent to Arbitration

After former Fox News host Andrea Tantaros filed suit in New York State Supreme Court, Fox News filed a motion this week to move the lawsuit into arbitration. The lawsuit, centered on purported sexual harassment she received from Roger Ailes, the former chairman, Bill O'Reilly, an anchor, and others, names several executives as defendants. In its motion, Fox News argued that Tantaros' lawsuit violates her employment contract's arbitration clause, as all disputes regarding her employment are required to be sent to arbitration. Ms. Tantaros' lawyer says that this fits his client's narrative, as Fox News would like to keep this action "in the shadows."


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This page contains a single entry from the blog posted on September 2, 2016 1:58 PM.

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