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Commercial Contracts
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August 20, 2024
Albertsons Stole 'Schedule & Save' Tech, Seattle Co. Says
A Seattle software company is claiming Albertsons breached a deal to develop an automated service for customers to replenish their go-to purchases, saying the grocery giant abandoned the contract amid its pending merger with Kroger and launched a "nearly identical" system in a trade secret ripoff.
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August 20, 2024
Texas Judge Blocks FTC's Impending Ban On Noncompetes
A Texas federal judge on Tuesday permanently blocked the Federal Trade Commission's looming ban on noncompete agreements in employment contracts, setting aside the regulation with a conclusion that it's beyond the agency's authority.
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August 20, 2024
Ex-NFLer Says False Claim He's 'Insolvent' Merits Sanctions
A former NFL player has asked a state judge to sanction a former employee who recently dropped her sexual abuse claims by saying he was likely "insolvent" and unlikely to pay even if she won, arguing the false comments about his finances cost him work opportunities.
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August 20, 2024
Ex-Client Opposes Amicus In McCarter & English Fee Fight
A dietary supplement maker has asked Connecticut's highest court to reject a bid by the Connecticut Trial Lawyers Association to file a friend-of-court brief in a case questioning whether McCarter & English LLP can obtain punitive damages in a fee dispute, saying no additional input is necessary because no tort occurred.
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August 20, 2024
Investment Co. Officers Oppose Counterclaims In $4M Deal Row
Aspiring cannabis investment company Origins Tech Inc. and a pair of its officers are urging a Utah federal court to throw out counterclaims brought by the owner of a holding company they've sued over the loss of a $4 million deal, saying the claims are disallowed by contracts.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
Catching Up With Delaware's Chancery Court
A nearly record-breaking attorney fee got the nod in Delaware last week, along with Chancery Court settlements involving an international private jet service and a chain of trampoline parks. New disputes involved a famous burger restaurant chain, a computer-chip maker, a now-defunct genomic science company, and a historic manor house in west London.
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August 20, 2024
Broadcasters Fight Blockage Of Sports Streaming Megadeal
ESPN, Fox and Warner Bros. Discovery have petitioned the Second Circuit to allow their "sports-first" broadcasting service Venu to move ahead while they face antitrust litigation from streamer Fubo, which blocked Venu's launch last week.
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August 19, 2024
Frost & Sullivan Shouldn't Beat Data Breach Suit, Judge Says
A magistrate judge on Monday recommended a Texas federal court trim but not toss a putative class action accusing consulting firm Frost & Sullivan Inc. of failing to protect its employees and clients from a data breach last year, rejecting the firm's contention that a former employee lacked standing to sue.
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August 19, 2024
T.I. Can't Bar Witness Motivation Questions At Doll IP Retrial
Rapper T.I. can't block MGA Entertainment from questioning his customer witnesses' motivations to testify at the upcoming intellectual property retrial over the company's L.O.L. Surprise! doll line, and he likewise is barred from raising questions of cultural appropriation in that context, a California federal judge ruled Monday.
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August 19, 2024
Judge Suggests Atty, Firm Pay Up For Not Probing IP Claims
A Florida lawyer who once represented former President Donald Trump and the lawyer's firm should pay $150,000 in attorney fees as a monetary sanction for failing to properly investigate patent claims before suing, a federal magistrate judge has recommended, which is far below the $684,000 the defendants in the case sought.
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August 19, 2024
Justices Urged To Refuse Rent-To-Own Co. Fee Suit
Two consumers suing a rent-to-own furniture store over fees that are allegedly barred under California law urged the U.S. Supreme Court on Monday not to review a Ninth Circuit decision nixing the company's arbitration bid, arguing that the case is too fact-specific to warrant the court's attention.
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August 19, 2024
BankRI Pans 'Overspending' Customer's Account Fees Suit
One of Rhode Island's largest banks asked a Providence federal judge on Monday to throw out a proposed class action over its consumer fee practices, saying the customer behind the suit is attempting to blame it for fallout from her own "unfortunate practice of overspending."
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August 19, 2024
Colo. Justices Won't Hear Cheese Heiress' Appeal
The Colorado Supreme Court on Monday declined to hear an appeal from a minority owner of a private, $5 billion cheese company in her case against the company's former CEO, who is also her uncle, in her failed billion-dollar suit over alleged shareholder oppression.
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August 19, 2024
Canadian Court Won't Yet Enforce $140M Hospital Award
Webuild SpA has told a Delaware federal court of a Canadian court's decision to wait on enforcing a $140 million arbitral award related to a Chilean hospital project, saying it is relevant to Webuild's bid in Delaware to dismiss a petition seeking to confirm the same award.
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August 19, 2024
Ethanol Co. Investors Say $9M Arbitration Award Was Stolen
Class B members of a Colorado ethanol company claim they have been denied their share of a $9 million arbitration award resulting from an action against the managing entity of the company for allegedly engaging in a pay-to-play scheme with vendors in exchange for those vendors sponsoring a National Hot Rod Association team.
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August 19, 2024
UnitedHealthcare Says Humana Can't Access Its Records
UnitedHealthcare has asked the Texas high court to review a decision requiring it to turn over Medicare plan documents for the state's teachers to a competing insurer, arguing that recent updates to the Public Information Act were too broadly interpreted by a lower appellate court.
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August 19, 2024
Fair Use Dooms Santos Suit Over Jimmy Kimmel's Prank Videos
A New York federal judge said Monday that the fair use exception to copyright law is fatal to former U.S. Rep. George Santos' suit against ABC and Jimmy Kimmel over video clips that the late-night TV show host tricked the ex-congressman into making.
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August 19, 2024
Insurer Blames Panda Express Grease For $176K Water Leak
An insurer demanded Chinese fast food chain Panda Express Inc. repay it more than $176,000 for damages allegedly caused when the restaurant's grease-filled pipes backed up, leaking water into a clothing store covered by the insurer, in a case the eatery moved to Washington federal court.
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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.
Expert Analysis
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What 11th Circ. Fearless Fund Ruling Means For DEI In Courts
The Eleventh Circuit's recent backing of a freeze on the Fearless Fund's grants to women of color building new companies marks the latest major development in litigation related to diversity, equity and inclusion and may be used to question other DEI programs targeted at providing opportunities to certain classes of individuals, say attorneys at Simpson Thacher.
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Opinion
Paid Noncompetes Offer A Better Solution Than FTC's Ban
A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Cyber Takeaways For Cos. From Verizon Data Breach Report
Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.
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Foreign Discovery Insights 2 Years After ZF Automotive
Although an Arizona federal court decision last month demonstrates that Section 1782 discovery may still be available to foreign arbitral parties, the scope of such discovery has narrowed greatly since the U.S. Supreme Court's 2022 decision in ZF Automotive, and there are a few potential trends for practitioners to follow, say attorneys at Venable.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Rare Robinson-Patman Ruling Exhibits Key Antitrust Risk
A rare federal court decision under the Robinson-Patman Act, which prohibits certain kinds of price discrimination, highlights the antitrust risks faced by certain suppliers and is likely to be cited by future plaintiffs and enforcement officials calling for renewed scrutiny of pricing and discounting practices, say attorneys at Baker McKenzie.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Beware Shifting Provisions In Middle-Market Loan Documents
In recent years, many credit facility provisions previously considered to be market standard have been negotiated, often turning in favor of borrowers, demanding renewed diligence from workout officers and restructuring counsel operating in the middle market, say attorneys at Crowell & Moring.
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Patent Lessons From 7 Federal Circuit Reversals In May
A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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9th Circ. Ruling Shows Lies Must Go To Nature Of Bargain
The Ninth Circuit’s recent U.S. v. Milheiser decision, vacating six mail fraud convictions, clarifies that the key question in federal fraud cases is not whether lies were told, but what they were told about — thus requiring defense counsel to rethink their strategies, say Charles Kreindler and Krista Landis at Sheppard Mullin.
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Adopting 7 Principles May Improve Voluntary Carbon Markets
The Biden administration's recently issued joint policy statement on improving the integrity of voluntary carbon markets may help companies using carbon credits to offset their emissions withstand scrutiny by government agencies, the public and investors, say attorneys at Morgan Lewis.