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Commercial Contracts
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August 26, 2024
$1.65B Award For Iraqi Telecom Confirmed By Pa. Court
A Pennsylvania federal judge confirmed Iraq Telecom's $1.65 billion international arbitration win over Kurdish mobile operator Korek Telecom Co. last week, saying that Korek was too late in arguing that its lawyers lacked authorization to consent to the court's jurisdiction in the case.
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August 26, 2024
NJ Marine Fuel Co. Sues Rival Formed By Ex-Employees
A New Jersey marine fuel buyer has accused two brothers who worked for the company of misappropriating trade secrets and illegally accessing confidential information when they resigned to form a new venture in the same market, according to a lawsuit filed in New Jersey federal court.
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August 26, 2024
Ex-Ingersoll Rand Exec Could Be Stuck With Noncompete
A Colorado state court judge expressed her doubts Monday that the former chief executive of a company acquired by industrial products giant Ingersoll Rand could avoid repercussions for joining the only firm named in a noncompete agreement he signed, saying the executive hadn't done nearly enough to show the contract was unenforceable.
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August 26, 2024
Bank Co. Disputes AIG's Reading Of Covered Defense Costs
A bank owner defended its amended claims that an AIG unit violated the Texas Insurance Code, telling a Texas federal court that AIG unlawfully issued it late defense payments and refused to cover defense costs that "incidentally" benefited its affirmative underlying claims.
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August 26, 2024
Ariz. Woman Owes $22M After Defrauding State Health System
A Mesa, Arizona, woman has been ordered to pay nearly $22 million in restitution to the state's Health Care Cost Containment System and serve more than five years in federal prison after she admitted to a fraudulent billing practice targeting Native Americans seeking behavioral health treatment.
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August 26, 2024
NC State '83 Basketball Champs Add TV Networks To NIL Suit
Members of the 1983 North Carolina State basketball championship team, known as the Cardiac Pack, have added CBS and TNT to their lawsuit alleging their name, image and likeness were exploited by the National Collegiate Athletic Association and others to garner untold amounts during March Madness without the players seeing a dime.
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August 26, 2024
4th Circ. Won't Free Insurance Mogul From $524M Judgment
Convicted insurance mogul Greg Lindberg was dealt a blow by the Fourth Circuit on Monday when the court found that he was liable for a $524 million arbitration award stemming from a fight over a reinsurance agreement with an insurer.
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August 26, 2024
RTX Settles Bearing Co.'s Trade Secrets Suit On Eve Of Trial
Defense contractor RTX Corp. on Monday settled claims that it passed a Connecticut roller bearing manufacturer's sensitive design drawings to a competitor, averting a trial set to begin this week.
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August 26, 2024
New $400M Suit Over NBA Jersey Deal Alleges Owner Threats
A beverage company and its founder have accused the NBA's Houston Rockets of defrauding it in a proposed jersey sponsorship and product promotion deal, and claimed that owner Tilman Fertitta sent his lawyers to threaten them, in a suit filed in Florida federal court that seeks more than $400 million in damages.
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August 26, 2024
Conn. Judge Hints Split Fee Collection Case May Be Too Late
A Connecticut judge on Monday said he was leaning toward dismissing a case seeking to access an alleged fee split in a $25,000 personal injury case, hinting that the Law Office of Justin C. Freeman LLC likely waited too long to file its lawsuit before dissolving.
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August 26, 2024
Cadwalader Fears Unsealing Financial Info May Harm Firm
Cadwalader Wickersham & Taft LLP has argued in North Carolina Business Court that unsealing financial details related to a November 2022 data breach and its insurance policy with a Lloyd's of London syndicate would put the firm at further risk from competitors and bad actors.
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August 26, 2024
Fox Rothschild Lands Condo Team From Armstrong Teasdale
A team of 10 real estate attorneys from Armstrong Teasdale LLP have jumped to Fox Rothschild LLP, where they'll form the core of a new practice, the firm said Monday.
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August 26, 2024
JPMorgan Cash Sweep 'Shortchanged' Customers, Suit Says
JPMorgan Chase has been hit with a proposed class action in New York federal court alleging its securities branch "shortchanged" customers by automatically "sweeping" their uninvested cash balances into deposit accounts at its affiliate, Chase Bank.
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August 26, 2024
Insurer Wants Out Of Pa. Wig Widow's $4.5M Benefit Dispute
Lincoln National Life Insurance Co. asked a Pennsylvania state court to let it bow out of a dispute between a Pittsburgh wig and healthcare magnate's widow and his family partnership, arguing Monday that the court, not the insurer, had to choose between competing claims for a $4.5 million policy payout.
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August 26, 2024
Catching Up With Delaware's Chancery Court
Last week in Delaware's Court of Chancery, Boeing accused shareholders of using a new pressure tactic, Cantor Fitzgerald struck a $12 million deal, and a vice chancellor dealt with zombie companies. New cases involved displaced Pacific Islanders and an insurance customer acquisition platform. In case you missed it, here's a roundup of news from the Chancery Court.
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August 26, 2024
Toy Giant Playing Games With Royalties, Suit Says
Toy maker Spin Master Ltd. is shorting a Massachusetts company on royalties it agreed to pay to use designs for a handful of big-wheeled, remote-controlled monster trucks and other vehicles, according to a state court lawsuit.
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August 23, 2024
TriZetto Says Infosys Swiped Healthcare Software Secrets
Cognizant TriZetto Software Group Inc. on Friday lodged trade secret misappropriation and breach of contract claims against competitor Infosys Ltd., alleging that Infosys improperly used information about TriZetto's "closely guarded, proprietary software offerings" to develop its own competing products and services.
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August 23, 2024
NBA Shreds Warner Bros.' Suit Over Amazon Streaming Deal
The NBA looked to quickly snuff out a lawsuit from Warner Bros. Discovery over the league's broadcasting deal with Amazon on Friday, telling a New York state judge that the media conglomerate failed to match the streamer's offer and didn't even have the right to do so.
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August 23, 2024
9th Circ. Reverses 'Patent Misuse' Ruling Against CR Bard
The Ninth Circuit on Friday reversed a decision that cleared Atrium Medical Corp. in a $52.8 million breach of contract suit by C.R. Bard, concluding that the lower court wrongly held that Bard engaged in patent misuse by seeking royalties after its medical device patent expired.
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August 23, 2024
PE Fund Says SEC Is Overstepping With 'Fishing Expedition'
A large South Carolina private equity fund has sued the U.S. Securities and Exchange Commission for allegedly overstepping its authority by trying to regulate the business' activities through an unconstitutional "fishing expedition" investigation that threatens the building of thousands of housing units.
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August 23, 2024
Ark. County Wants Out Of Cherokee Casino Licensing Dispute
An Arkansas county quorum court and its presiding judicial officer are asking a federal district court to be dismissed from a challenge by a Mississippi casino that looks to void a gaming license issued to two Cherokee Nation entities, arguing that the gaming operator has failed to state a claim.
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August 23, 2024
Apple Sued Over Warranty Fees Charged To Old Devices
Apple was hit with a putative class action in California federal court Friday accusing it of failing to cancel AppleCare+ subscription contracts for customers who trade in or return their devices and continuously charging them monthly fees for devices they no longer own.
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August 23, 2024
FTC Regroups After Noncompete Setbacks In Florida, Texas
A Florida federal judge on Friday suspended a deadline given to the Federal Trade Commission to respond to a lawsuit challenging a worker noncompete ban after the agency requested more time to discuss next steps following recent setbacks against the rule in Texas and the Sunshine State.
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August 23, 2024
Pot Entrepreneur Seeks To Ensure Judgment On Ex-Partner
A cannabis entrepreneur urged a Colorado federal judge Friday to bar his former business partner from making any equity transactions until after the court has the opportunity to revisit a $6.4 million judgment ruling as part of a recent Tenth Circuit remand.
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August 23, 2024
Judge Won't Restrict Access To RTX Trade Secrets Trial
Defense contractor RTX Corp. won't be able to bar non-U.S. citizens from a trade secrets trial slated to get underway Tuesday, but exhibits, such as diagrams, will not be made visible to observers in the courtroom, a Massachusetts federal judge ordered.
Expert Analysis
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Anticipating Disputes In Small Biz Partnerships And LLCs
In light of persistently high failures of small business partnerships and limited liability companies, mediator Frank Burke discusses proactive strategies for protecting and defining business rights and responsibilities, as well as reactive measures for owners.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Contract Disputes Recap: Addressing Dispositive Motions
Stephanie Magnell and Bret Marfut at Seyfarth examine three recent decisions from the U.S. Court of Claims and the U.S. Civilian Board of Contract Appeals that provide interesting takeaways about the nuances of motion practice utilized by the government to dispose of cases brought under the Contract Disputes Act prior to substantive litigation
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What 2 Rulings On Standing Mean For DEI Litigation
Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Arbitration Implications Of High Court Coinbase Ruling
The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.
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A Look At Calif. Contract Considerations In Fiji Water Ruling
A California appellate court's recent decision in Carolina Beverage v. Fiji Water, that a party may not seek contractual recovery on the basis of constructive termination, offers a look at contract construction and other considerations on negotiating distribution agreements, says Michael Laszlo at Clark Hill.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Practical Private Equity Lessons From 2 Delaware Deals
A pair of Delaware Chancery Court cases remind private equity sponsors that specificity is crucial through the lens of deal certainty, particularly around closing conditions and agreement sections of acquisition agreements, say Robert Rizzo and Larissa Lucas at Weil Gotshal and William Lafferty at Morris Nichols.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.