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Commercial Contracts
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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.
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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.
Expert Analysis
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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.
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Managing Legal Risks After University Gaza Protests
Following the protests sparked by the war in Gaza, colleges and universities should expect a long investigative tail and take steps to mitigate risks associated with compliance issues under various legal frameworks and institutional policies, say Wiley's Diana Shaw and Colin Cloherty.
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Debate Over CFPB Definition Of Credit Is Just Beginning
The Consumer Financial Protection Bureau has recently worked to expand the meaning of credit, so anyone operating on the edges of the credit markets, or even those who assumed they were safely outside the scope of this regulatory perimeter, should pay close attention as legal challenges to broad interpretations of the definition unfold, says John Coleman at Orrick.
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Abu Dhabi Ruling Hints At More Arbitration-Friendly Approach
The international and comparative rationale an Abu Dhabi onshore court used to decide that an arbitration agreement referencing a defunct arbitration center was still enforceable suggests that the UAE judiciary may be adopting a more flexible, pro-arbitration framework and stabilizing Dubai's arbitration landscape, say attorneys at Reed Smith.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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DC Circ. Ruling Heightens HHS Contract Pharmacy Challenges
The D.C. Circuit's recent ruling that the Section 340B program does not bar manufacturers from restricting deliveries of discounted drugs to contract pharmacies represents a second strike against the U.S. Department of Health and Human Services' current contract pharmacy policy and raises the stakes surrounding an upcoming Seventh Circuit ruling on the same issue, say attorneys at Foley Hoag.
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Trending At The PTAB: Real Party In Interest And IPR
The Patent Trial and Appeal Board’s recent Luminex v. Signify decision, finding a complaint seeking indemnification may be treated as a public demand sufficient to establish a real party-in-interest, shows that the board continues to apply a broad and expansive definition to that term, say Yicong (Eve) Du and Yieyie Yang at Finnegan.
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How Employers, Attorneys Can Respond To Noncompete Ban
As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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CFPB's Expanding Scope Evident In Coding Bootcamp Fine
The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.
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4 Arbitration Takeaways From High Court Coinbase Ruling
The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.