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Commercial Contracts
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November 18, 2024
Clemson, Florida State Ask NC Top Court To Toss ACC Suits
Florida State and Clemson universities urged the North Carolina Supreme Court to toss lawsuits brought by the Atlantic Coast Conference over grant of rights contracts, saying the institutions' sovereign immunities aren't waived just because they've agreed to be members of the conference.
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November 18, 2024
Justices Urged To Deny TCPA Class Certification Challenge
A Florida-based financial services company found to have violated the Telephone Consumer Protection Act for sending fax ads to nearly 60,000 recipients is telling the U.S. Supreme Court to reject a petition from one of those respondents that sought to turn the case into a class action.
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November 18, 2024
Chancery Orders Paybacks In Decade-Old Lease Co. Suit
Former directors of a global temporary housing business that served corporations worldwide must repay indemnification payouts under a multipart Court of Chancery ruling on a suit originally brought in 2014 alleging breaches of a shareholder agreement and fiduciary duty.
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November 18, 2024
Treasury Finalizes Tougher Foreign Investment Law Penalties
The Treasury Department on Monday finalized a rule sharpening its enforcement authority to stop or demand additional information regarding foreign-investment deals that the U.S. deems potential threats to national security.
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November 18, 2024
Colo. Justices Should Plug Damages Cap 'Loophole,' Co. Says
A construction company has urged Colorado's justices to find that a subcontractor's claim over a workplace fall is subject to a $15,000 damages cap, arguing in a petition that the sole proprietor opted out of workers' compensation benefits and can't make a "loophole" to sue for millions.
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November 18, 2024
8th Circ. Set For Arguments In Oil Lease Termination Row
The Eighth Circuit set arguments on Friday for Dec. 18 in an appeal over a North Dakota federal judge's decision to throw out Denver-based Prima Exploration Inc.'s lawsuit alleging the Bureau of Indian Affairs schemed with two rival companies to end its lease on land within the Fort Berthold Reservation.
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November 18, 2024
FCA Says Court Shouldn't Reverse Utah Class Cert. Denial
FCA US LLC is pushing back against a Utah driver's bid for reconsideration of a Michigan federal judge's denial of class certification in litigation alleging that the automaker sold vehicles with a defective electronic gearshift, saying he can't make new arguments on reconsideration that he didn't make in prior briefs.
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November 18, 2024
Former GE Exec Guilty Of Faking Docs In $1.1B Power Deal
A Manhattan federal jury on Monday convicted a former GE Power executive of using forged documents, then taking a $5 million kickback, in what federal prosecutors called a corrupt effort to close a $1.1 billion energy deal in Angola.
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November 18, 2024
Colo. Rugby Coach Cries Foul Over City's Revoked Job Offer
A man who says he was "poached" for an assistant coaching position with the American Raptors professional rugby team near Denver has filed a breach of contract lawsuit alleging he was fired before he even began, without cause, and cheated out of his early termination payment.
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November 18, 2024
PPG Says Manager Stole Sales Data In Incora Move
PPG Industries Inc. hit its competitor Incora and a former sales manager who joined the latter company earlier this year with a trade secrets lawsuit Friday, alleging that its onetime employee absconded with PPG's "highly proprietary" pricing platform to help Incora move in on the company's markets.
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November 18, 2024
Mich. Atty Avoids Default For Now In Election Audit Pay Suit
A Michigan federal judge said Friday he would not enter a default judgment against an attorney and Donald Trump ally on claims she stiffed a voting machine inspection company, even though her inaction led to a default finding, ruling that the liability of her alleged financial backer still needs to be determined.
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November 18, 2024
NBA, Warner Bros. Settle Media Rights Dispute With New Deal
The National Basketball Association and the parent of Turner Sports have settled a lawsuit accusing the league of breaching its contract with the network through its new $76.9 billion media rights deal, and as part of the agreement, iconic studio show "Inside the NBA" will stay on the air but move to ESPN and ABC when the deal kicks in next season.
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November 15, 2024
Ex-GE Exec's Connection To Forged Docs Is Clear, Feds Say
Prosecutors told a New York federal jury Friday that trial evidence clearly proves a former GE executive knowingly used forged documents to secure a $1.1 billion gas turbine deal in Angola and demanded millions of dollars for his troubles.
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November 15, 2024
Atty-Brother Feud Belongs In State Court, Mich. Judge Finds
A Michigan federal judge won't weigh in on a spat between an attorney and his former cannabis business partner brother, who is accused of shorting him $18 million as part of a buyout agreement, saying the dispute should stay in state court.
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November 15, 2024
Texas Appeals Court: $3M Bond For Real Estate Row Stays
A Texas appeals court found Thursday that a real estate company can't lower the bond it has to pay while it appeals its trial loss, saying the trial court got it right by raising the bond beyond what the company wanted because it did not put forward enough evidence.
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November 15, 2024
Musk Adds Microsoft To Legal Fight With OpenAI
Elon Musk is expanding his breach of contract, fraud and antitrust suit in California federal court against OpenAI and its founder, Sam Altman, this time adding Microsoft and erstwhile business partner Reid Hoffman to the list of defendants.
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November 15, 2024
FanDuel Dropped From Suit Over MLB Players' NIL Use
The Major League Baseball Players Association said Friday it's dropping FanDuel from a case over the alleged use of players' photos to promote sports gambling.
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November 15, 2024
Trader Joe's Burger Maker Gets $3M For Bony Chicken Batch
A chicken wholesaler has agreed to pay $3 million to the former maker of the Trader Joe's-branded "Chili Lime Chicken Burgers" to end claims that it sent bony chicken shipments down the supply chain while misrepresenting the poultry as boneless, ultimately fueling consumer complaints.
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November 15, 2024
Colo. Judge Nixes Debtor's Transfer Try For Not Conferring
A Colorado federal judge on Friday struck a motion to transfer a putative class action suit against a bankrupt truck rental company to the Delaware court handling the business's Chapter 11 case, saying the company had failed to consult with the plaintiffs before filing the motion.
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November 15, 2024
Tenneco Asks Justices To Review 6th Circ. Arbitration Denial
Automotive parts company Tenneco asked the U.S. Supreme Court on Friday to review a Sixth Circuit decision from August that refused to force individual arbitration of a proposed class action from workers alleging retirement plan mismanagement, arguing lower courts had disagreed on how to apply federal arbitration law.
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November 15, 2024
Off The Bench: NCAA Eligibility Fight, Movie Script Dispute
In this week's Off The Bench, a college football star takes the NCAA to court seeking one more year to play, the plot of a recent Netflix release might have been lifted from another creator and a transgender college athlete's right to compete is challenged by other players.
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November 15, 2024
Another Paul Hastings Int'l Arbitration Atty Joins Linklaters
Linklaters has added a senior counsel in Washington, D.C., who joins the firm's international arbitration practice from Paul Hastings LLP, weeks after that firm's international arbitration practice co-chair made a similar jump.
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November 15, 2024
Orrick Trial Partner Joins Morgan Lewis In Boston
Morgan Lewis & Bockius LLP announced that an experienced litigator from Orrick Herrington & Sutcliffe LLP joined the firm's Boston office as a partner, enhancing its capacity in areas such as life sciences and regulatory compliance.
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November 15, 2024
Wilson Sonsini Atty To Produce Docs In Under Armour Row
Emails sent by a Wilson Sonsini Goodrich & Rosati attorney to employees of a Pittsburgh-area minor league baseball team he co-owns are not covered by attorney-client privilege and should be provided to Under Armour as part of discovery in an antitrust suit filed against the sports apparel giant, a Pennsylvania federal judge ruled this week.
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November 15, 2024
Florida Bar Says Novel Ethics Case Doesn't Require Leniency
Lack of precedent is not reason enough to allow a Florida lawyer to reduce his one-year suspension for a "punitive" fee hike, the Florida Bar told the state's high court, arguing that the court's initial reasoning for the discipline was sound and that the lawyer's motion for a rehearing misrepresented some of the facts.
Expert Analysis
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There's No Crying In Property Valuation Baseball Arbitration
The World Series is the perfect time to consider how the form of arbitration used for settling MLB salary disputes — in which each side offers competing valuations to an arbitrator, who must select one — is often ideal for resolving property valuation disputes, say Sean O’Donnell at Herrick Feinstein and Mark Dunec at FTI Consulting.
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Navigating Fla.'s Shorter Construction Defect Claim Window
In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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Webuild Ruling Complicates Arb. Award Enforcement In US
A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Bristol-Myers Win Offers Lessons For Debt Security Holders
A New York federal judge's recent dismissal of a $6.4 billion lawsuit against Bristol-Myers Squibb, due to plaintiff UMB Bank's lack of standing, serves as an important reminder to debt security holders to obtain depositary proxies before pursuing litigation, say attorneys at Milbank.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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How To Avoid Risking Arbitration Award Confidentiality In NY
Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Perspectives
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.