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Commercial Contracts
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August 12, 2024
NC Court Won't Stop 'Ultimate Relief' In Mogul's $524M Case
The North Carolina Court of Appeals refused on Monday to issue an immediate halt to a court-ordered receiver being appointed to manage the assets of convicted insurance mogul Greg Lindberg, saying it would consider blocking the appointment after further court proceedings.
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August 12, 2024
Lending Co. Best Egg Can Arbitrate Interest Rate Dispute
Online lender Best Egg can force arbitration of a proposed class action claiming it charged borrowers unlawfully high interest rates, with a Pennsylvania federal judge ruling an online checkbox is enough to indicate borrowers' consent to arbitrate.
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August 12, 2024
Philly Shop Blames HVAC Contractor For Fire
A boutique operating on the ground floor of a Masonic meeting hall in Philadelphia's Chestnut Hill neighborhood has filed a lawsuit in state court blaming an HVAC contractor for a 2022 fire that severely damaged the building and its business.
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August 12, 2024
Co. Says Title Insurer Acted In Bad Faith Over Deed Dispute
An owner of two adjacent parcels of land in Philadelphia accused its title insurer in Pennsylvania state court of ignoring its repeated requests to settle an underlying deed dispute and basing its coverage position on an "obviously nonsensical and unsupportable" appraisal.
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August 12, 2024
Willkie Farr Sued Over $350K In Unpaid Legal Tech Bills
Willkie Farr & Gallagher LLP was sued in New York state court by a debt collection agency over an alleged unpaid balance of more than $350,000 in fees to legal technology company TransPerfect Legal Solutions.
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August 12, 2024
Catching Up With Delaware's Chancery Court
Multimillion-dollar share conversions, power struggles in a classic rock band, a good deal for fandom collectibles, and a pindown by two heavyweights were all part of the spectacle in Delaware's Court of Chancery last week. New cases involved pharmaceutical companies, cannabis, drones and liquid-gas exports. In case you missed it, here's the latest from the Chancery Court.
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August 09, 2024
Ex-Twitter Board Member Says X Owes Him $23M From Stock
A former member of Twitter's board of directors who helped oversee the sale of the social media company to Elon Musk in 2022 claimed X Corp. owes him more than $23 million worth of vested and unvested shares, according to a lawsuit filed in California state court.
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August 09, 2024
Feds Say Smartmatic Execs Bribed Philippine Elections Head
Federal prosecutors have accused three Smartmatic executives — including the voting-machine company's co-founder and president — of bribing a Philippines elections official to secure contracts for the country's 2016 elections, according to an indictment filed Friday in Florida federal court.
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August 09, 2024
Lowe's Arbitration Clause For Online Buyers Found 'Illusory'
Lowe's Home Centers LLP must go to court to face a proposed class action accusing the store of deceptively slipping unneeded items into shoppers' online carts, a Virginia federal judge ruled Thursday, rejecting the home improvement giant's bid for arbitration.
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August 09, 2024
Intel Hit With Copyright Suit Over Expired Anaconda License
Software company Anaconda Inc., which describes itself as "the operating system for AI," has accused Intel Corp. of copyright infringement, alleging in a complaint in Delaware federal court that Intel has been using Anaconda's technology for its artificial intelligence development platform without paying.
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August 09, 2024
6th Circ. Backs Gulfport, Antero Win In Drilling Royalty Suit
A divided Sixth Circuit panel has said an Ohio federal judge correctly concluded that a rival drilling company is not entitled to royalties from oil and gas wells recently drilled by Gulfport Energy Corp. and Antero Resources Corp. in the Utica Shale.
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August 09, 2024
Amynta Lodges Fraud Suit In Chancery Over $105M Merger
An affiliate of multinational insurance services provider Amynta Group filed a lawsuit on Friday in Delaware's Court of Chancery against two top officers of Clearview Risk Holdings Inc., accusing both of playing a role in a multiyear Ponzi scheme allegedly designed to protect post-deal earnouts after a purportedly overpriced $105 million merger.
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August 09, 2024
Colo. Judge Rejects Hedge Fund's Bid To Toss Developer Suit
A Colorado state judge has denied a hedge fund owner's attempt to toss claims in a lawsuit accusing it and related entities of violating a term sheet for a commercial housing project, finding a real estate development company's breach of contract and fraud claims were specific enough to survive dismissal.
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August 09, 2024
Marketer Seeking Dismissal Of Mass. Data Privacy Suit
Texas-based online marketing company InMarket Media LLC is asking a Massachusetts federal judge to toss a proposed class action by two women who say the company secretly collected and sold location data through its apps, arguing in a motion to dismiss that the court lacks jurisdiction over the company.
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August 09, 2024
Chinese Flooring Manufacturer Can't Get $1.2M Award OK'd
The Third Circuit won't enforce a Chinese court's arbitral award of $1.2 million to a flooring manufacturer against a Pennsylvania distributor, backing the finding of a federal court in Philadelphia that the parties never agreed to arbitrate the dispute.
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August 09, 2024
Liberty Mutual Must Face Eatery's Suit Over Injury Claim
The Connecticut state appeals court on Friday revived a restaurant's lawsuit against Liberty Mutual Insurance Co. stemming from a workers' compensation claim, ruling that an administrative board that initially sided with the insurer lacked jurisdiction over the matter.
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August 09, 2024
Dish Unit, Printing Co. Walk Away From $1.3M Ad Dispute
A Colorado federal judge has dismissed a Dish Network unit's lawsuit against a defunct printing company after the parties agreed to settle a $1.3 million dispute over an advertisement printing deal.
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August 09, 2024
Home Depot's ERISA Win At 11th Circ. Deepens Circuit Split
The Eleventh Circuit's recent ruling backing Home Depot's defeat of a suit from workers who showed their 401(k) plan was mismanaged, but couldn't tie those lapses to financial losses, adds to a growing circuit split that attorneys say warrants guidance from the U.S. Supreme Court.
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August 09, 2024
NC Insurance Mogul Must Pay Dutch Insurer's $166M Award
Insurance mogul Greg Lindberg and his companies must pay a $166 million arbitral award issued to defunct Dutch life insurer Conservatrix, a North Carolina federal court ruled, saying the award has been upheld by Dutch courts and there is nothing to indicate that the proceedings were not conducted fairly.
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August 09, 2024
Fannie Mae Seeks Memory Care Receiver After $28.3M Default
Fannie Mae asked a federal judge to appoint a receiver for three North Carolina senior living facilities after arguing that borrower Affinity Living Communities defaulted on $28.3 million worth of loans from the government-backed lender by missing three months of payments.
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August 09, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen China Evergrande Group file a commercial fraud claim against its founder's ex-wife, legal action by Manolete Partners against the directors of an insolvent construction company, VietJet tackle a claim by French banking group Natixis and more developments in the "Dieselgate" scandal. Here, Law360 looks at these and other new claims in the U.K.
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August 09, 2024
Ex-Mayer Brown Product Liability Atty Joins King & Spalding
King & Spalding LLP has hired a former Mayer Brown LLP partner for its product liability and mass torts practice group in New York.
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August 08, 2024
Jurors Weigh $200M For Carbon Monoxide Leak Victims
Counsel asked jurors during closing arguments Thursday in a Dallas County court to give his two child clients a voice after a carbon monoxide leak allegedly left them partially mute, saying that while his clients can't speak, the jurors can deliver a verdict to "speak for them."
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August 08, 2024
Parts Supplier Says Price Hikes Not Sabotaging Supply Chain
Pennsylvania-based supplier Modern Industries Inc. urged a federal court to deny a request for a preliminary injunction that would force it to provide key parts to auto parts manufacturer BorgWarner Turbo Systems LLC, which the supplier said has refused to pay increased prices.
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August 08, 2024
Calif. Justices Side With Hartford Unit In Virus Coverage Fight
The California Supreme Court on Thursday reversed an appellate court's finding that a virus endorsement rendered a restaurant's policy illusory in a coverage dispute with a Hartford entity over pandemic-related losses, instead ruling that the endorsement clearly provides coverage "only if the virus results from certain specified causes of loss."
Expert Analysis
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Handling Customer Complaints In Bank-Fintech Partnerships
As regulators mine consumer complaint databases for their next investigative targets, it is critical that fintech and bank partners adopt a well-defined and monitored process for ensuring proper complaint handling, including by demonstrating proficiency and following interagency guidance, say attorneys at Jenner & Block.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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What NAR Settlement Means For Agent Commission Rates
If approved, a joint settlement agreement between the National Association of Realtors and a class of home sellers will likely take the onus off home sellers to compensate buyers' agents, affecting considerations for all parties to real estate transactions, say attorneys at Jones Foster.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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How 3 Unfolding Cases Could Affect The Energy Industry
Three judicial decisions now in the pipeline — Texas' challenge to the U.S. Environmental Protection Agency's methane regulations, Delaware's climate suit against big energy companies, and a case before the Supreme Court of Texas on royalty lease interpretation — could have important implications for the energy industry, say Michelle Scheffler and Rachael Cox at Skadden.
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Flexibility Is Key In Hybrid Capital Investment Strategies
Flexible or hybrid capital funds have become a solution for some owners adverse to private debt or requiring short-term capital support not otherwise available in the market, but the complexity and possible range of structures available means that principals need to consider how they may work in different scenarios and outcomes, says Daniel Mathias at Cohen Gresser.
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Contract Negotiation Prep Checklist For In-House Ad Lawyers
Barriers for in-house lawyers and procurement professionals persist in media and ad tech contract negotiations — but a pre-negotiation checklist can help counsel navigate nuances and other industry issues that need to be considered before landing a deal, including supplier services, business use cases and data retrieval, says Keri Bruce at Reed Smith.
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Calif. Ruling Shows Limits Of Exculpatory Lease Clauses
A California court's recent decision in Epochal Enterprises v. LF Encinitas Properties, finding a landlord liable for failing to disclose the presence of asbestos on the subject property, underscores the limits of exculpatory clauses' ability to safeguard landlords from liability where known hazards are present, say Fawaz Bham and Javier De Luna at Hunton.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Negotiating Milestones In Pharma Licenses Requires Care
For life sciences companies, understanding the unique issues that arise in licensing agreements' milestone payment provisions can increase the likelihood and amount of payments received by the licensor and ensure payments are carefully and closely tied to events that truly drive value for the licensee, say Edward Angelini at Amneal Pharmaceutical and Lori Waldron at Sills Cummis.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Independent Regulator Could Chip Away At FIFA Autonomy
After the U.K.'s recent proposal for an independent football regulator, FIFA's commitment to safeguarding football association autonomy remains unwavering, despite a history of complexities arising from controversies in the bidding and hosting of major tournaments, say Yasin Patel at Church Court Chambers and Caitlin Haberlin-Chambers at SLAM Global.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.