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Commercial Contracts
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January 29, 2025
Mich. Judge Doubts Discovery Dispute Should DQ Firm
A Michigan federal judge on Wednesday said a law firm's alleged "bad behavior" doesn't necessarily mean it can't represent a former CEO of a solar energy company, telling residents who sought to disqualify the firm because of a supposed conflict that their complaints may be better dealt with through discovery motions.
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January 29, 2025
Cell Tower Co. Says Colo. Jury Was Misled Over Dish Lease
Telecom infrastructure giant Crown Castle is urging the Colorado Court of Appeals to vacate a jury finding in its $32 million suit against Dish Network over allegedly unpaid cell tower site rent, arguing that a judge's pretrial ruling led the jury to incorrectly find that Dish wasn't at fault.
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January 29, 2025
Defamation And Default Alleged In Conn. Mortgage Biz Battle
A Connecticut businessman accused of raiding a mortgage servicer's business accounts to start a competing firm says the company defamed him in a counterclaim in state court lodged on the same day the company sought a default judgment in the litigation over a soured partnership.
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January 29, 2025
Amazon Says Docs FTC Wants For Prime Case Are Privileged
Amazon fired back in a discovery dispute in the Federal Trade Commission's case accusing the e-commerce giant of Prime subscription deception, saying the regulator is not entitled to documents tied to a company meeting because the records reflect legal advice and work product.
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January 29, 2025
Rental Co. Urges NC Justices To Review Debt Deadline Ruling
A South Carolina real estate rental company urged the North Carolina Supreme Court on Tuesday to overturn a lower court's decision that the company missed the window to enforce a debt because the automatic stay triggered by the debtor's bankruptcy filing didn't toll the statutory 10-year period for the company to renew the judgment.
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January 29, 2025
Curaleaf To Pay $31.8M In Pot Farm Contract Row
A Michigan federal jury on Wednesday found that a pair of Curaleaf affiliates breached their contract with a cannabis farm, awarding the farm nearly $32 million in damages, while rejecting Curaleaf's counterclaims.
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January 29, 2025
Uber Can't Duck Mass. Tech Company's Trade Secrets Suit
A Massachusetts state judge ruled Wednesday that a forum selection clause can't protect Uber from answering claims that it stole a Boston technology company's trade secrets after partnering with it on rider safety pilot projects in Brazil.
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January 29, 2025
Suit Over Ohtani's Historic Stolen Base Ends With Settlement
The Miami Marlins and Los Angeles Dodgers have reached a settlement in a now-dropped lawsuit in which a baseball collector alleged he never received a base used in the game that saw Dodgers slugger Shohei Ohtani eclipse 50 home runs and 50 stolen bases in a single season.
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January 29, 2025
Dechert Seeks Clawback From Ex-Atty After $132K Pay Error
A former Dechert senior project attorney is accused of failing to report a $132,250 billing error and refusing to return the funds, according to a suit the firm brought against her in New York state court.
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January 28, 2025
Jury Clears LED Distributor Of Korean Co.'s Fraud Claims
A California federal jury returned a verdict Tuesday clearing the head of a now-defunct LED screen distribution company of allegations that he lied to his Korean manufacturing partner about efforts to repay millions of dollars worth of mounting debts.
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January 28, 2025
Proud Boys Atty Beats Researcher's IP Claim In Mixed Verdict
A Washington, D.C., federal jury Tuesday cleared an attorney who defended a Proud Boy accused of attacking the U.S. Capitol of infringing a Texas-based researcher's copyright, but found that the attorney owes the researcher $77,000 for skipping out on his bill.
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January 28, 2025
Staples Settles Out Of Visa, Mastercard Swipe Fee Battle
Staples on Tuesday settled out of an over decade-long antitrust battle lodged against Visa and Mastercard for allegedly overcharging merchants via swipe fees, leaving the payment card companies with one less retailer to face in trial this year over their alleged anticompetitive fee scheme.
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January 28, 2025
Amazon Says Too Late For Mass. Court's Expense Suit Take
Amazon said a delivery driver missed his chance to seek clarity on whether Massachusetts state wage law requires employers to compensate employees for work-related expenses, urging a Washington federal judge to pass on asking the Bay State's top court to weigh in.
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January 28, 2025
End To Third-Party Standing May Affect Ga. Civil Rights Suits
The Supreme Court of Georgia on Tuesday shut down a landowner's bid to sue her county on behalf of the would-be buyer of her property, declaring that Peach State courts will no longer recognize third-party standing as a means for plaintiffs to get in the courthouse's doors in a ruling experts say could have a wide effect on future civil rights cases.
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January 28, 2025
Capri Investors Sue Over Scrapped $8.5B Tapestry Merger
Fashion brand giants Capri Holdings Ltd. and Tapestry Inc. misled investors about potential antitrust regulatory issues associated with their planned $8.5 billion merger that ultimately led to the deal's failure and investor losses, according to a proposed securities class action filed Tuesday in Delaware federal court.
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January 28, 2025
Judge OKs Refiling Of Suit Over $20M Austin Nightclub Deal
A Texas federal judge granted a bid to dismiss a suit claiming a title company handed over $3 million to a fraudster, saying Tuesday that she would allow the plaintiff to rework its complaint to show the defendants were indeed more heavily tied to the sham than the current complaint contended.
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January 28, 2025
4th Circ. Raises Questions Over Health Data Access Order
A Fourth Circuit panel focused Tuesday on whether an exception to federal law barring electronic health record companies from blocking the exchange of patient data applies to a request from Real Time Medical Systems to access nursing home data from PointClickCare.
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January 28, 2025
Texas Judge OKs $40M Settlement In Six Flags Expansion Suit
A Texas federal judge indicated Tuesday that he would approve a $40 million class settlement between Six Flags Entertainment Corp. and investors accusing the amusement park operator of bungling expansion plans in China — after having previously dismissed the case twice.
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January 28, 2025
DC Judge Doubts Lawfulness Of USCIS EB-5 Guidance
A D.C. federal judge expressed deep skepticism Tuesday that U.S. Citizenship and Immigration Services acted lawfully when the agency shortened the minimum investment period for foreign investors seeking green cards, outlining plans to toss the rule or pause a lawsuit challenging it pending rulemaking.
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January 28, 2025
Pharma Co. Gets Final Shot To Ax NC Contract Breach Suit
A pharmaceutical company can make another attempt to escape a software developer's suit alleging he was duped into selling his technology to the company, the North Carolina Business Court has said, months after the state's top court revived the software maker's breach of contract claims.
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January 28, 2025
Union Worker Entitled To Higher Pension Benefits, Judge Says
A plumbing union pension plan violated federal benefits law when it refused to increase a worker's monthly payments because he opted to retire late, a Minnesota federal judge ruled, finding the plan's terms didn't prevent him from receiving a bump.
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January 28, 2025
Nestle Plant Can Switch Power Providers, Ga. Justices Rule
The Supreme Court of Georgia ruled Tuesday that Nestle should have been allowed to switch electricity providers from Georgia Power to Walton EMC after renovating a former warehouse facility in Hartwell, Georgia.
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January 28, 2025
Apple Can't Defend Google Revenue Deal In DOJ Search Case
A D.C. federal judge has refused to let Apple intervene to defend the billions it gets from Google to keep the search giant as the default for Safari browser, holding the iPhone maker waited too long to intervene in the Justice Department's monopolization lawsuit, and the company's involvement now would be too disruptive.
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January 28, 2025
Yale Unit Wants To Yank Hospital Sale Suit From Ch. 11 Court
A Yale University health unit's lawsuit seeking to escape a $435 million sale deal with a bankrupt hospital operator belongs in state court and not with the Chapter 11 judge, the Ivy League-tied entity told a federal judge Tuesday.
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January 28, 2025
Oilfield Co. Looks To Avoid Arbitration In Hydrocarbon Row
Oilfield services operator Schlumberger has asked a Texas judge to block an arbitration proceeding initiated by a Guatemalan oil company over alleged mismanagement of a hydrocarbon project, saying it never entered a valid arbitration agreement.
Expert Analysis
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Opinion
FTC's Report Criticizing Drug Middlemen Is Flawed
The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Del. Dispatch: Cautionary Tales Of 2 Earnout Effort Breaches
The Delaware Court of Chancery's tendency to interpret earnout provisions precisely as written, highlighted in two September rulings that found buyers breached their shareholder obligations when they failed to make reasonable efforts to hit certain product development milestones, demonstrates the paramount importance of precisely wording these agreements, say attorneys at Fried Frank.
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Managing Sanctions Defense Across Multiple Jurisdictions
Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out
Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Kubient Case Shows SEC's Willingness To Charge Directors
The U.S. Securities and Exchange Commission's recent fraud charges against Kubient's former CEO, chief financial officer and audit committee chair signal a willingness to be more aggressive against officers and directors, underscoring the need for companies to ensure that they have appropriate channels to gather, investigate and document employee concerns, say attorneys at Jenner & Block.
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3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim
The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Boeing Ruling Is A Cautionary Tale For Trade Secret Litigants
A Washington federal court’s recent ruling canceling a $72 million jury award against Boeing because Zunum Aero had failed to properly identify its trade secrets highlights the value of an early statement of alleged secrets, amended through discovery and used as a framework at trial, says Matthew D'Amore at Cornell.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.