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Commercial Contracts
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November 14, 2024
'The World Has Changed': Google's $700M Deal Gets 2nd Look
The California federal judge considering Google's $700 million antitrust deal with states and consumers told plaintiffs' counsel Thursday to review the settlement terms to ensure that they comport with Google Play store changes he ordered in Epic Games' separate lawsuit, saying "the world has changed" since they struck the deal.
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November 14, 2024
LuLaRoe Hit With $164M Verdict In Contract, Fraud Trial
Troubled multilevel marketing company LuLaRoe has been saddled with a $164 million jury verdict in California state court for breaching its contract with a clothing supplier and fraudulently hiding assets in real estate ownership entities and a race car company to avoid paying up.
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November 14, 2024
McDonald's Vendor Says Partner Owes Him $6M Over Ice-Out
A longtime property management vendor for McDonald's Corp. is accusing a business partner of pushing him out of their company just as it was poised to triple the number of sites it would maintain for the fast-food chain, in a $6 million lawsuit filed Thursday in Massachusetts state court.
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November 14, 2024
NYC Speeds Away From Taxi Drivers' RICO Claim
New York City and its transportation officials have escaped a racketeering suit filed by New York cabdrivers that accused them of artificially pumping the value of taxi licenses, a federal judge ruled, saying that drivers failed to show that awarding them money would prevent others from becoming victims of the same allegedly "fraudulent scheme."
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November 14, 2024
Man Found Guilty Of Scamming NBA Players Seeks New Trial
A Georgia businessman and recidivist fraudster is seeking a retrial after being convicted of swindling former NBA players Dwight Howard and Chandler Parsons out of a combined $8 million, in a scheme under which the pro basketball players believed their money was going toward legitimate investments.
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November 14, 2024
Houston Back Wages Trial Was 'Circus,' Atty Tells Court
A California attorney who lost his bid for back wages from a Houston commercial litigation firm where he was formerly an associate asked a Texas appeals court to order a new trial, writing that his former law firm's attorneys "turned the trial into a circus" about his personal life.
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November 14, 2024
Clutch-Maker Sues Off-Road Vehicle Co. For Stalled Royalties
An off-road vehicle maker in North Carolina has shortchanged a Canadian manufacturer on royalty payments for a clutch and is otherwise tarnishing the supplier's reputation by selling vehicles that frequently malfunction, according to a newly filed federal lawsuit in the Tar Heel State.
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November 14, 2024
Cherokee Nation Can't Get Ark. Casino Amendment Blocked
An Arkansas amendment that revokes the casino gaming license of a Cherokee Nation tribal entity has taken effect after a federal district court judge denied a bid to block the measure while also dismissing the state and its racing commission as defendants in the litigation.
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November 14, 2024
Ben & Jerry's Says Unilever Broke Their Deal Over Gaza
Ben & Jerry's sued its parent company, Unilever, Wednesday in New York federal court accusing the consumer goods giant of breaching their settlement agreement that allows the ice cream company freedom in taking political stances by trying to dismantle its independent board and muzzle its stance on the war in Gaza.
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November 14, 2024
Termination Agreement Sinks Pastry Shop Injury Suit
A Pennsylvania appeals court won't revive an injury claim from a man who says he fell while delivering baked goods to Martin's Famous Pastry Shoppe Inc., saying an agreement to terminate their working relationship released any claims related to that relationship.
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November 14, 2024
Chipmaker's 'Bounty' Lawsuit Was 'Nonsensical,' Court Told
A pair of litigation businesses want a California federal court to punish a Taiwanese chipmaker for responding to a patent lawsuit with "frivolous," "meritless" and "nonsensical" antitrust allegations surrounding use of a "bounty" to encourage litigation.
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November 14, 2024
Conn. Atty Must Pay $282K Default In Estate's Home Sale Suit
A Connecticut attorney must pay a $282,000 default judgment for distributing real estate proceeds to at least one "unknown party" and writing a bad check to a trust beneficiary after a $1.2 million home sale, a state trial court judge has ruled.
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November 14, 2024
DLA Piper Int'l Arbitration Co-Chair Swaps Paris For NY
DLA Piper said Wednesday that its Paris-based international arbitration practice co-chair is crossing the Atlantic to lead the team from New York, a move he says "will help us build on the very strong base we already have in place there."
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November 13, 2024
Telecom Co. Lumen's Contract Breach Suit Survives, For Now
A Colorado federal judge on Tuesday ruled that an engineering consulting firm is liable to telecommunications company Lumen Technologies for damages caused by a subcontractor's faulty structural analysis, but said she couldn't yet rule on whether Florida law and a two-year statute of limitation barred Lumen's claims against the firm.
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November 13, 2024
Live Nation Ruling Chills Modern Arbitration, 9th Circ. Told
The Ninth Circuit's recent decision invalidating Live Nation Entertainment Inc. and Ticketmaster's choice of a digital arbitration startup for consumer antitrust claims has created "massive uncertainty" and undermines innovative approaches for dealing with abusive mass arbitrations, the live event companies argued in a rehearing petition Tuesday.
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November 13, 2024
Judge To Confirm Ambri Ch. 11 Wind-Down Plan
A Delaware bankruptcy judge Wednesday agreed to approve the Chapter 11 plan of battery company Ambri Inc., which will sell its assets to its lenders and wind down.
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November 13, 2024
Connecticut Banking Dept. Can Fine Legal Funder, Judge Says
The Connecticut Department of Banking has jurisdiction over a legal funding company under the state's Small Loan Act, a state judge ruled in dismissing an administrative appeal linked to a $25,000 fine that the regulator imposed.
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November 13, 2024
Exploration Co. Opposes Atty DQ Bid In Fla. Shipwreck Suit
An exploration company being sued by an ocean salvage operation in a dispute involving a sunken Spanish galleon is pushing back on a bid to have its would-be attorney disqualified, claiming procedural rules haven't been followed and that there is no conflict warranting the lawyer's exclusion.
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November 13, 2024
Paralegal Says She's Owed For Work On Stuart Scott Estate
A former paralegal at the disbanded Hartford, Connecticut-based firm Rome McGuigan PC claims in a recently filed suit that she is owed $50,000 for work she performed while the firm represented the estate of legendary ESPN anchor Stuart Scott.
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November 13, 2024
Team Owner Hits United Soccer League With Fraud Suit
The owner of professional soccer team Northern Colorado Hailstorm FL has sued the United Soccer League for fraud in California state court, alleging the league never paid the team prize money for winning the inaugural USL League One Jaegermeister Cup and uses league funds to promote its other products while not helping out its League One teams.
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November 13, 2024
Connecticut Atty Frees AAA From Firm Break-Up Spat
Connecticut attorney Andrew P. Garza has removed the American Arbitration Association as a defendant from a lawsuit seeking to block his former 50-50 partner Ryan C. McKeen from arbitrating a dispute about their law firm's breakup, according to a withdrawal notice filed Tuesday in state court.
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November 13, 2024
Perkins Coie Insurance Litigator Returns From Pillsbury
Perkins Coie LLP is rehiring an insurance litigator from Pillsbury Winthrop Shaw Pittman LLP, as the firm's insurance recovery work has more than doubled in the past three years, that group's practice chair told Law360 Pulse on Wednesday.
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November 12, 2024
Catfished Ex-NBA Player Says Atty Stole Cash, Blew Film Deal
A former NBA player is suing his longtime attorney for legal malpractice in Colorado state court, claiming the attorney stole his money and failed to protect his intellectual property rights while negotiating the terms of a documentary deal about his victimization in an elaborate online catfishing scheme.
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November 12, 2024
Shuttered NHL Talent Rep Appeals Asset Freeze To 1st Circ.
The owner of a now-defunct talent agency that represented professional hockey players is asking the First Circuit to overturn a ruling that froze his assets while a suit from a rival Finland-based management company proceeds in Massachusetts federal court.
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November 12, 2024
Visa To Fight Market Definition In DOJ Antitrust Case
Attorneys for Visa told a New York federal judge on Tuesday that the company plans to argue the U.S. Department of Justice's debit card monopolization case should be tossed because it ignores a key payment method and attacks legitimate contracts.
Expert Analysis
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Nuclear Power Can Help Industrial Plants Get To Net-Zero
In the race to fight climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges — but the integration of nuclear energy is a promising solution, so companies should consider the financial and regulatory issues, opportunities, and risk-mitigating factors, say attorneys at Morgan Lewis.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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A Look At The Regulatory Scrutiny Facing Liquid Restaking
Recent U.S. Securities and Exchange Commission enforcement actions highlight the regulatory challenges facing emerging financial instruments like liquid restaking tokens and services, say Daniel Davis and Alexander Kim at Katten.
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3 Notes For Arbitration Agreements After Calif. Ruling
After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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How Justices' E-Rate Decision May Affect Scope Of FCA
The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Addressing The Growing Hazards Of Mass Arbitration
Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.
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Opinion
Prejudgment Interest Is A Game-Changer In Ill. Civil Suits
Civil litigation can leave plaintiffs financially strained and desperate for any recovery, especially when defendants use delaying tactics — but the Illinois Legislature's move to allow prejudgment interest has helped bring litigants to the table earlier to resolve disputes, minimizing court expenses and benefiting all parties, says Benjamin Crane at Coplan + Crane.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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2nd Circ. Ruling May Limit Discovery In Int'l Arbitration
The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.