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Commercial Contracts
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August 19, 2024
Israeli Co. Sues NC Packaging Firm For Severing $25M Deal
An Israeli smart packaging company is suing North Carolina-based Sealed Air Corp. for allegedly backing out of a $25 million contract for smart sensors, saying Sealed Air lied about their progress developing the product and invented defects to tank the deal.
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August 19, 2024
Doctor Accused Of Taking Connecticut Practice's Patient Data
An obstetrician-gynecologist took trade secrets including confidential patient information when she left a Connecticut practice, and solicited its employees and "hundreds" of patients to come to her new competing business, according to a lawsuit in state court.
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August 19, 2024
Biotech Consultant Sues Ex-Partner To Force $2.5M Share Buy
Life sciences consulting firm BioPoint is asking a Massachusetts judge to order a former partner to sell back $2.5 million worth of shares in the closely held company following his ouster, according to a lawsuit filed in state court.
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August 19, 2024
NC Judge Relocates BorgWarner Supply Chain Fight To Pa.
Pennsylvania-based supplier Modern Industries Inc. convinced a North Carolina federal judge to transfer a lawsuit against it by auto parts manufacturer BorgWarner Turbo Systems LLC to its home state, where a related case is already pending.
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August 16, 2024
The Biggest Texas Rulings Of 2024: A Midyear Report
Texas has seen a bevy of major decisions, including a $1.4 billion settlement with Facebook over alleged biometric data collection, a ruling banning gender-affirming care for minors, and the conclusion of a long-running securities case against Attorney General Ken Paxton. Here's some of the biggest decisions so far this year.
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August 16, 2024
11th Circ. Partially Reverses Rental Car Co.'s Win In Fee Suit
The Eleventh Circuit has revived a class of consumers' breach of contract claims against a Florida rental car company over allegedly deceptive damaged vehicle costs but affirmed a lower court's finding that the lead plaintiffs did not suffer any actual damages.
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August 16, 2024
Receiver Went Too Far In Settling Nate Paul Entity Dispute
A Texas appeals court found this week that a receiver acted beyond the scope of his authority when he settled a dispute between a lender and an entity associated with embattled real estate developer Nate Paul.
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August 16, 2024
Owner Of Elite Baseball Teams Sues Over Broken $1.3M Deal
The owner of a company that sponsors elite high school baseball teams has accused two companies of failing to pay him the $1.3 million he was owed after selling them his business, according to a suit filed Friday in Texas federal court.
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August 16, 2024
Ga. BCBS Fights Hospital Remand Bid In Reimbursement Suit
A Georgia Blue Cross Blue Shield unit is fighting a California hospital's push to have a lawsuit seeking $905,000 in reimbursements sent back to a Georgia state court, arguing the hospital's state law claims are preempted by the federal Employee Retirement Income Security Act.
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August 16, 2024
Judge Bounces Bad Bunny Sports Agency Suit To Arbitration
The sports agency linked to music megastar Bad Bunny must arbitrate its dispute over certification of its agents with the Major League Baseball Players Association, after a Puerto Rico federal judge ruled the union's arbitration language is valid.
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August 16, 2024
Off The Bench: WNBA Suit, Olympic Fallout, Swimming Ban
In this week's Off The Bench, a WNBA star accuses her former team of discrimination for trading her once she became pregnant, questions swirl around the revocation of a U.S. gymnast's Olympic medal, and a BigLaw investigation prompts the University of Notre Dame to suspend its men's swimming program.
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August 16, 2024
Pelicans Sue Westgate For Bailing On Sponsorship Deal
The New Orleans Pelicans sued the marketing arm of Westgate Resorts in Louisiana federal court Friday, alleging the company illegally backed out of a three-year sponsorship deal after just one year.
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August 16, 2024
Fla. Advertising Co. Says Pot Cos. Didn't Pay Up For Services
A Miami advertising agency is suing the cannabis companies behind the Cookies brand, claiming they failed to pay for months of work worth tens of thousands of dollars.
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August 16, 2024
Ex-Matterport Worker Sues In Del. Over 'Invalid' Trade Block
A shareholder of 3D spatial mapping company Matterport Inc. sued the California company in Delaware's Court of Chancery Friday, alleging that when it went public by merging with a special acquisition company in 2021, the company prevented him from trading his shares for six months through an "invalid transfer restriction."
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August 16, 2024
Mich. Judge Won't Raise $350K Award Against Ford To $15M
A Michigan federal judge refused to increase a California tech company's $350,000 jury award to $15 million in a dispute over Ford Motor Co.'s misuse of an interface module, finding that the parties' agreement to Ford's sales numbers at trial barred him from changing the jury's decision.
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August 16, 2024
Texas Injury Firm's Ex-Associate Must Face Poaching Suit
A Texas state appeals court refused to dismiss a suit accusing a former associate of Daspit Law Firm PLLC of improperly poaching clients following his firing in 2022, saying his conduct isn't covered by state statute protecting citizens from retaliatory lawsuits.
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August 16, 2024
6th Circ. Nixes Union Local's Win In Steel Co. Benefit Row
The Sixth Circuit has reversed a judgment that a reinforced-steel contractor owes about $2 million in unpaid fringe benefit contributions to journeymen who traveled from other states to work on a project in Michigan, finding there was insufficient evidence to support the award.
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August 16, 2024
Pashman Stein Must Face NJ Atty's Malpractice Claims
A New Jersey state court has rejected Pashman Stein Walder Hayden PC's bid to dismiss a malpractice counterclaim lodged against it by an attorney and former client, who the firm has argued painted an "outright deceptive narrative" to avoid paying nearly $100,000 in legal fees.
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August 16, 2024
FuboTV Scores Injunction Blocking Streaming Venture Launch
Sports streaming service Fubo has convinced a New York federal court to block ESPN, Fox and Warner Bros. Discovery from launching their "sports-first streaming business" while it challenges the joint venture as an anticompetitive attempt to knock it out of the market.
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August 16, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Barry Manilow sued by music rights company Hipgnosis, a struck-off immigration lawyer take on the Solicitor's Disciplinary Tribunal and the former CEO of a collapsed bridging loan firm start proceedings against the FCA. Here, Law360 looks at these and other new claims in the U.K.
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August 16, 2024
Connecticut Litigation Highlights Of 2024: A Midyear Report
Several high-stakes Connecticut cases came to a close in the first half of 2024, resulting in the resolution of Frontier Communications' $21.8 million feud with its ex-CEO and a $26.5 million deal for RTX Corp. subcontractors and employees who alleged that anticompetitive no-poach agreements prevented them from advancing their careers.
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August 16, 2024
Connecticut Legislation Passed In 2024: A Midyear Report
While Connecticut workers may rejoice over a major expansion of paid sick leave that will begin to roll out next year, businesses will need to spend some time and effort getting ready to implement the new law, attorneys told Law360.
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August 15, 2024
Colo. Atty Sues Bank, Opposing Counsel Over Hack Attack
A Colorado attorney and conservative radio personality is suing Wells Fargo and opposing counsel in a divorce proceeding over their alleged role in a hacking incident that apparently caused him to wire $375,000 for a client's divorce settlement to Hong Kong.
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August 15, 2024
Telecom Orgs Ask Justices To Take Up NY Internet Rate Cap
The U.S. Supreme Court must step in and unravel a split Second Circuit ruling upholding New York's right to put a $15 cap on the amount broadband companies can charge low-income households, say several trade groups that lost their challenge to the law.
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August 15, 2024
Medical Records Co. Appealing Blocked Anti-Bot CAPTCHAs
Electronic medical records company PointClickCare will appeal last month's ruling from a Maryland federal judge enjoining it from using unsolvable CAPTCHA prompts to block a nursing home analytics firm's access to records, the company said Wednesday.
Expert Analysis
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A Look At FERC's Plan To End Reactive Power Compensation
A recent notice of proposed rulemaking indicates that the Federal Energy Regulatory Commission is likely to eliminate compensation for reactive power within the standard power factor range — causing significant impacts for the electric power industry, which relies on income from providing this service, say Norman Bay and Matthew Goldberg at Willkie and Vivian Chum at Wright & Talisman.
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8 Legal Issues Influencing Investors In The Creator Economy
The rapidly expanding digital creator economy — funding for which more than doubled in the U.S. in the first quarter — comes with its own set of unique legal issues investors must carefully consider before diving in, say Louis Lehot and Alan Pate at Foley & Lardner.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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IP Considerations For Companies In Carbon Capture Sector
As companies collaborate to commercialize carbon capture technologies amid massive government investment under the Infrastructure Investment and Jobs Act, a coherent intellectual property strategy is more important than ever, including proactively addressing and resolving questions about ownership of the technology, say Ashley Kennedy and James De Vellis at Foley & Lardner.
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What's Notable In JAMS' New Mass Arbitration Rules
The Judicial Arbitration and Mediation Services’ recently released guidelines, coming on the heels of similar American Arbitration Association amendments, suggests that mass arbitrations will remain an efficient means for consumers to vindicate their rights against companies, say Jonathan Waisnor and Brandon Heitmann at Labaton Keller.
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How New Rule Would Change CFIUS Enforcement Powers
Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Breaking Down 4th Circ. Pendent Appellate Jurisdiction Ruling
As illustrated by the Fourth Circuit's recent decision in Elegant Massage v. State Farm, denying class certification and granting a motion to dismiss, federal appellate courts continue to struggle with defining the scope of pendent appellate jurisdiction — or jurisdiction over nonfinal orders below, says Joan Steinman at the Chicago-Kent College of Law.
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FTC Noncompete Rule May Still Face Historical Hurdles
The Federal Trade Commission's final rule banning noncompetes might face challenges that could have been avoided with more cautious consideration of the commission's long history of failed lawsuits that went beyond the agency's statutory authority, as well as the mountain of judicial precedent justifying noncompete agreements in employment contracts, say attorneys at BakerHostetler.
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Microplastics At The Crossroads Of Regulation And Litigation
Though there are currently not many federal regulations specifically addressing microplastics as pollutants, regulatory scrutiny and lawsuits asserting consumer protection claims are both on the rise, and manufacturers should take proactive steps to implement preventive measures accordingly, say Aliza Karetnick and Franco Corrado at Morgan Lewis.
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How EB-5 Regional Centers Can Prepare For USCIS Audits
In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.
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As Arbitrator Bias Claims Rise, Disclosure Standards Evolve
The growth in post-award challenges based on arbitrators' alleged conflicts of interest has led to the release of new guidance and new case law on the topic — both supporting the view that professional familiarity alone does not translate to a lack of impartiality, say attorneys at Skadden.
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How Cos. Can Protect IP In Light Of FTC Noncompete Rule
While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.
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Setting Goals For Kicking Corruption Off FIFA World Cup Field
The unprecedented tri-country nature of the 2026 men's World Cup will add to the complexity of an already complicated event, but best practices can help businesses stay on the right side of anti-corruption rules during this historic competition, say Sandra Moser and Emily Ahdieh at Morgan Lewis.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.