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Commercial Contracts
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October 18, 2024
Chancery Calls For Status Quo Order In Del Monte Loan Suit
A Delaware vice chancellor has given the nod for a hold-the-status quo order sought by a collateral agent accusing Del Monte Foods Inc. officials of carrying out a corporate restructuring and "lien-stripping" said to have jeopardized lender claims under a $725 million term loan agreement.
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October 18, 2024
Cigna Says Florida Labs Owe $16M After 'Cheating' For Benefits
Three Florida substance abuse laboratories wrongly filed $16 million in claims for medically unnecessary tests and doubled their scheme by failing to seek patient payments, Cigna attorneys told a federal jury on Friday. The labs, however, accused the insurer of breaching policy agreements by failing to pay for services rendered.
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October 18, 2024
Vorys Slams 'Copycat' Firms Trying To Lead Antitrust Suit
Vorys Sater Seymour and Pease LLP is opposing a bid from Hagens Berman Sobol Shapiro LLP and Bucher Law PLLC to take the lead in a proposed consumer class action against gaming giant Valve Corp., saying the firms just "piggybacked" off Vorys' work in an identical suit.
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October 18, 2024
Skiplagged Must Pay American Airlines $9.4M In IP Row
American Airlines came out on top in a suit against airfare search engine Skiplagged Inc., with a jury finding that Skiplagged must cough up $9.4 million for infringing the airline's copyright.
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October 18, 2024
Allianz, Santander End Shareholder Suit Coverage Fight
Allianz has agreed to drop its request in Massachusetts federal court for a ruling that it is not obligated to cover Santander Holdings' defense in a now-settled 2022 shareholder lawsuit, a recent filing showed.
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October 18, 2024
Justices Told To Skip RFID Patent Row Over Standing
A Texas company that saw its patent infringement suit revived against a tech company is asking the U.S. Supreme Court to reject its rival's petition to review that decision, saying there's "almost 100 years" of legal precedent backing its ownership of the radio frequency identification, or RFID, technology patent in the case.
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October 18, 2024
Pro Angler Awarded $3M For Injuries In Plane Crash
A Florida federal jury has awarded a professional fisherman nearly $3 million for injuries he sustained after the plane he was flying in allegedly ran out of fuel and crash-landed on the water while en route to the Bahamas, finding the pilot and the charter company mostly responsible for the incident.
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October 18, 2024
Pa. University Students Want Final OK For $1.15M Tuition Deal
Students at St. Joseph's University in Philadelphia asked a federal court Friday for final approval of a $1.15 million settlement over tuition for classes that shifted online at the beginning of the COVID-19 pandemic.
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October 18, 2024
Steptoe & Johnson Lands Clark Hill Employment Duo In Texas
Steptoe & Johnson PLLC has grown its labor and employment offerings in Texas with the addition of two attorneys from Clark Hill PLC.
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October 18, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Professor Cat Jarman, Earl Spencer's new girlfriend, sue his ex-wife, Bitcoin fraudster Craig Wright file a £911 billion ($1.18 trillion) claim against BTC Core, journalist Oliver Kamm hit novelist Ros Barber with a defamation claim, and a barrister at Cloisters face a claim from a former client. Here, Law360 looks at these and other new claims in the U.K.
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October 17, 2024
VLSI To Del. Judge: 'There Is Nothing Else To Disclose'
VLSI Technology LLC has fully complied with its disclosure requirements for ownership and litigation funding, and Intel Corp.'s claims otherwise in patent licensing litigation don't hold up, VLSI told a Delaware federal judge.
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October 17, 2024
Atty's 'Groundhog Day' Motion Trims Ex-Girardi Client's Suit
A California state judge on Thursday trimmed a family's $1.8 million malpractice lawsuit against an attorney that represented it in recovering millions lost in Girardi Keese's embezzlement scandal, calling a bid to nix one of the suit's claims a "Groundhog Day" motion because she already granted a similar one from the attorney's firm.
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October 17, 2024
No Fraud In $195M Natural Gas Feud, Court Hears
A Portuguese electricity and gas provider that won a $195 million arbitral award against a Spanish natural gas company has opposed its discovery motion as it looks to vacate the award on fraud claims following their dispute over a liquefied natural gas swap transaction.
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October 17, 2024
Paramount Unlikely To Cut Extortion Claim Over Boxing Match
A Los Angeles judge appeared skeptical Thursday of Paramount Global's bid to toss allegations that former CBS Corp. CEO Les Moonves hired a lawyer to extort an actor out of his finder's fee for the lucrative 2015 boxing match between Manny Pacquiao and Floyd Mayweather Jr.
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October 17, 2024
Engineer Wood PLC Faces Contempt Bid Amid Pipeline Spat
A contractor facing claims that it mismanaged the construction of a $22 million Colonial Pipeline Co. fuel terminal in Georgia asked a federal judge Thursday to hold multinational engineering firm John L. Wood PLC in contempt of court for playing "word games" with a recent subpoena.
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October 17, 2024
Lender Says Denver Property Owner Defaulted On $27M Loan
A lender told a Colorado state court that it wants a Denver retail property to be placed in receivership after the owner allegedly defaulted on a $27.1 million commercial mortgage loan this month.
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October 17, 2024
Neobank Execs Want Out Of Cannabis Co.'s $127K Suit
The former directors of a defunct, cannabis industry-focused neobank are looking to kill a lawsuit brought against them by Killa Bees Distribution LLC, a CBD company which claims in Oregon federal court that executives should be held liable for the nontraditional financial institution's failure to produce nearly $127,000 in deposits.
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October 17, 2024
Ex-CEO Of Credit Union Blames Accounting Firm For Firing
The dismissed chief executive officer of a Connecticut credit union is suing the financial institution and Whittlesey PC, its accounting firm, claiming he was fired after following advice from the largest CPA group in the state on when to calendar a $1.2 million gain connected to a property sale.
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October 17, 2024
Monsanto Leveraged Judge Shuffle In Enviro Suit, Court Told
A former customer of Bayer AG unit Monsanto urged a New Jersey appeals panel on Thursday to revive its suit seeking to avoid covering the agrochemical giant for environmental enforcement claims, arguing that the company took advantage of a change in jurists presiding over the case.
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October 17, 2024
Wash. Library Says Insurers Undervalued $4.8M Damage
A Washington island library district blamed its insurers for undervaluing damages caused by frozen sprinkler pipes that burst during a snowstorm by more than $2.9 million in a case removed to Washington federal court.
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October 17, 2024
Texans Say Rapper Is Tripping With Suit Over 'Still Tippin'
The Houston Texans are asking a Texas federal judge to toss a suit lodged by a rapper who claims the NFL team stole his song, "Still Tippin," characterizing his claims as "frivolous" and "not viable."
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October 17, 2024
Jury Says Phillips 66 Owes $605M In Fuel Trade Secrets Fight
A jury in California state court said Wednesday a retailer of low-carbon fuels is owed $604.9 million after finding that Phillips 66 swiped trade secrets relating to data, such as sales information and pricing methods.
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October 17, 2024
FCA Blames Supplier For Defective Parts Leading To Recalls
FCA US LLC is suing one of its parts suppliers in Michigan federal court, alleging that it sold the automaker air heater grid relays for its Ram pickup trucks with a defect that can cause fires even when the vehicles are turned off and caused multiple recalls.
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October 17, 2024
Restaurant Says Toast Refusing To Update Bank Info
A Boston restaurant says it's struggling to stay afloat because point-of-sale provider Toast Inc. won't update its banking information and is sitting on more than $200,000 in revenue, according to a lawsuit filed Thursday in Massachusetts state court.
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October 17, 2024
Fla. Supreme Court Suspends Atty Over 'Punitive' Fee Hike
A Florida attorney has been suspended from practicing law for a year after he lashed out at a client by sending a new bill for $126,650 — a figure derived by retroactively jacking up his rates more than fourfold for a year of legal work, the state Supreme Court ruled Thursday.
Expert Analysis
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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2nd Circ. Ruling May Limit Discovery In Int'l Arbitration
The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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NY Ruling Offers A Foreclosure Road Map For Lenders
A New York appellate court recently upheld a summary judgment ruling in favor of a commercial lender's foreclosure in U.S. Bank v. 1226 Evergreen Bapaz, illustrating the proofs lenders will need to prosecute a foreclosure action, especially where the plaintiff is an assignee of the originating lender, say attorneys at Sherman Atlas.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Opinion
OFAC Sanctions Deserve To Be Challenged Post-Chevron
The U.S. Supreme Court's Loper Bright decision opens the door to challenges against the Office of Foreign Assets Control's sanctions regime, the unintended consequences of which raise serious questions about the wisdom of what appears to be a scorched-earth approach, says Solomon Shinerock at Lewis Baach.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Ambiguity Ruling Highlights Deference To Arbitral Process
A New York federal court’s recent ruling in Eletson v. Levona, which remanded an arbitral award for clarification, reflects that the ambiguity exception’s analysis is not static and may be applied even in cases where the award, when issued, was unambiguous, says arbitrator Myrna Barakat Friedman.
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2 Rulings Serve As Conversion Fee Warnings For Banks
A comparison of the different outcomes in Wright v. Capital One in a Virginia federal court, and in Guerrero v. Bank of America in a North Carolina federal court, highlights how banks must be careful in describing how currency exchange fees and charges are determined in their customer agreements, say attorneys at Weiner Brodsky.
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Expect CFPB To Enforce Warning Against 'Coercive' Fine Print
The recent Consumer Financial Protection Bureau warning against unenforceable terms "deceptively" slipped into the fine print of contracts will likely be challenged in court, but until then, companies should expect the agency to treat its guidance as law and must carefully scrutinize their consumer contracts, say attorneys at Ballard Spahr.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Leveling Up IP Protections For Video Game Icons' Film Debuts
Video game creators venturing into new realms of entertainment that include their iconic characters, such as television and film adaptations, should take specific steps to strengthen their intellectual property rights, say Joshua Weigensberg and Parmida Enkeshafi at Pryor Cashman.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.