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Commercial Contracts
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December 19, 2024
DOJ Wants Time In Fubo-ESPN Streaming JV Arguments
The U.S. Department of Justice has got something to say to the Second Circuit about an attempt from ESPN and Warner Bros. Discovery to overturn a preliminary injunction stopping them from going forward with a joint sports streaming venture that a rival says will run it out of business.
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December 19, 2024
$18M TransUnion Loss 'Riddled With Defects,' 6th Circ. Says
The Sixth Circuit said Wednesday that a jury's $18.3 million award in a dustup over intellectual property related to an online insurance quote marketplace was based on damages evidence that was sorely lacking, affirming that TransUnion is off the hook.
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December 19, 2024
$1.2B Sought From Phillips 66 After $605M Trade Secrets Win
A retailer of low-carbon fuels has asked a California state court to add $1.2 billion to a $604.9 million trade secrets verdict against Phillips 66, arguing that the jury's conclusion that Phillips 66's misappropriation of confidential information was willful and malicious merits exemplary damages.
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December 19, 2024
Labcorp Settles Competition Suit Against Ex-Sales Exec
Less than two weeks after Laboratory Corp. of America Holdings sued its former sales marketing executive and his new employer in North Carolina federal court for allegedly violating noncompete and nonsolicitation agreements, a deal has been reached to end the lawsuit.
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December 19, 2024
Rival Firms End $2M Client Poaching Suit
A lawsuit by Chicago law firm Loftus & Eisenberg Ltd. accusing an attorney with "a very limited skill set" of stealing clients while jumping to Good Law Group PC has been dismissed, after Good Law said the "venomous allegations" were not backed by hard evidence.
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December 19, 2024
Chicken Soup Settles $3.1M Pet Food Feud Wth Alphia
Chicken Soup for the Pet Lover's Soul Inc. has settled a Connecticut lawsuit that accused it of breaching a deal with a manufacturer to buy more than 1.3 million pounds of pet food every month between October 2023 and September 2024, state court records show.
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December 19, 2024
X Workers Say Entire Severance Suit Should Survive
Former X employees urged a Delaware federal court to set aside portions of a magistrate judge's recommendation that the court partially toss their unpaid severance benefits lawsuit, saying the judge incorrectly found that a merger agreement stripped them of standing.
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December 19, 2024
Atty Loses Bid To Exit Suits Over Unpaid Abuse Case Awards
A personal injury attorney cannot have an early exit from negligence suits filed by three former clients over settlement payments, a Connecticut state judge ruled Wednesday, finding that a decision in a related case initiated by one of the plaintiffs did not resolve the complaints against the attorney.
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December 19, 2024
Genworth Can Get Docs Explaining Atty's Role Amid Sale Row
A Delaware vice chancellor has ruled Genworth Life Insurance Co. can access certain documents from policyholders who sued over the sale of valuable subsidiaries, including discussions involving a former law partner of one of the plaintiffs who is representing certain entities believed to be funding the litigation.
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December 18, 2024
Ex-Apple Workers Likely To Win Certification In OT Suit
A California federal judge on Wednesday said he was inclined to grant class certification in litigation accusing Apple of shorting workers' wages by not factoring company shares into overtime pay calculations, saying the former employee who sued provided sufficient evidence that damages could be calculated on a classwide basis.
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December 18, 2024
NFL Union Rips DraftKings' Dismissal Try In Licensing Suit
The NFL Players Association this week bashed DraftKings Inc.'s attempt to toss claims in a lawsuit alleging the sports betting giant failed to make good on a licensing agreement related to nonfungible tokens, calling DraftKings' motion an attempt to twist the "plain language" of the agreement.
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December 18, 2024
Solar Co. Wants Colo. Hemp Growers' $200M Suit Tossed
Energy company AES Corp. wants out of a $200 million lawsuit brought by Colorado hemp growers over broken irrigation lines, saying the farmers are "feign[ing] ignorance" in hopes of keeping the suit in Colorado federal court.
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December 18, 2024
Texas Panel Reverses $22M Award In Gas Plant Contract Case
A Texas appeals court has affirmed a jury verdict finding that midstream company Arrow Field Services LLC stiffed its general contractor to the tune of $20 million, but it reversed a $22.4 million award in interest and legal fees based on a carveout for oil and gas projects.
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December 18, 2024
Judge Eyes Limits To Medical Device Co.'s Poaching Verdict
A Boston federal judge on Wednesday considered interpreting twin $5 million jury awards against medical device sales employees as a subset of the $15 million in damages awarded against their employer in a rival company's poaching case.
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December 18, 2024
Family Dollar Sues Supplier Over Cable That Burned Buyer
Family Dollar Services LLC is suing one of its suppliers, alleging that it sold the retail chain a faulty lightning charger cord that malfunctioned and burned a minor who was using it.
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December 18, 2024
Insurance Co. Buyer Accuses Seller Of Fraud In Chancery Suit
Alleging a "textbook case of fraud in the inducement and breach of fiduciary duty," a holding company that acquired Georgia-based Southern Trust Insurance Co. has sued the seller's principals, associates and their company in Delaware's Court of Chancery.
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December 18, 2024
The Biggest Trademark Decisions Of 2024
The Pennsylvania State University emerged victorious in arguably the most closely watched trademark trial of the year against an online retailer that sold merchandise bearing historic Penn State marks, and the U.S. Supreme Court rejected an attorney's attempt to register "Trump Too Small" as a trademark. Here are Law360's picks for the biggest trademark decisions of 2024.
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December 18, 2024
Talc Law Firm Seeks Judge's DQ In Beasley Allen Suit
An Alabama federal judge's prior representation of Montgomery-based Beasley Allen Law Firm is grounds for The Smith Law Firm PLLC's motion filed Wednesday calling for the judge's recusal from Beasley Allen's breach of contract suit against the Smith firm regarding alleged owed expenses from a joint venture the two firms shared.
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December 18, 2024
Hagens Berman Says Apple, Amazon Doc Demand Is Off Base
Hagens Berman Sobol Shapiro LLP is firing back against Apple and Amazon's bid to force the turnover of texts and emails with a client who disappeared from a putative class action against the tech giants, calling the spat an opportunistic attack "based on a fiction."
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December 18, 2024
Yale Eyes Quick Win In $435M Conn. Hospital Purchase Suit
Yale New Haven Health Services Corp. has asked a Connecticut state court judge for permission to file a summary judgment motion in a feud with Prospect Medical Holdings Inc. over the sale of several hospitals in the state, saying Prospect's "stunning" failure to fund pensions and pay taxes resulted in property liens that breached the $435 million deal.
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December 17, 2024
Tubi Says Keller Postman Kept Its Clients In The Dark
Most of the people named in now-dropped arbitration demands filed by Keller Postman LLC against streaming service Tubi didn't know what the claims were or even that the firm purported to represent them, Tubi has told a Washington, D.C., federal judge.
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December 17, 2024
Ex-Ga. Tech Prof 'Lucky' To Beat Criminal Charges, Judge Says
A Georgia federal judge appeared unsympathetic on Tuesday to a former Georgia Tech professor who said he was the victim of a mishandled internal audit that led to his indictment on racketeering charges, telling the professor's civil attorney his client was "lucky that he's not in prison."
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December 17, 2024
Judge Cuts Upper Deck's Disney Card Game Suit
A Washington federal judge has pared down a toy company's suit accusing a competitor of improperly luring away a former contractor and infringing copyrighted material in making a Disney-branded game, partially letting claims involving unfair competition and fraudulent misrepresentations proceed while dismissing others.
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December 17, 2024
2nd Circ. Says Sears Trustee Can Keep Mall Of America Lease
The Second Circuit has upheld a district court order obliging the return of bankrupt Sears Holding Corp.'s lease in Minnesota's Mall of America to SHC's liquidating trustee, finding in part the mall's earlier lease was not a "true" contract.
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December 17, 2024
Telecom Seeks Win In DC Schools Network Bidding Challenge
A D.C. federal judge on Tuesday scrutinized Allied Telecom’s claims that the D.C. public school system flouted federal law by tapping one its own agencies to provide network services, questioning whether the preemption claims are the Northern Virginia telecom’s only avenue for bringing its challenge.
Expert Analysis
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Int'l Agreements Are Key For Safe Nuclear Waste Disposal
By replacing fossil fuels, nuclear energy has the potential to offer a major contribution to the global fight against climate change — but ensuring that nuclear power is safe and sustainable will require binding, multinational agreements for safe nuclear waste disposal, say Ryan Schermerhorn and Christopher Zahn at Marshall Gerstein.
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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.