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Commercial Contracts
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January 30, 2025
Historic Soda Co. Says Ex-Officer's Lease Suit Is 'Revenge'
Foxon Park Beverages Inc., a century-old soft drink maker in Connecticut, has asked a state court judge to dismiss a lawsuit alleging that it entered into an unfair lease agreement with another company owned by the same family, arguing that the entities' former president brought it for an improper purpose.
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January 30, 2025
Panel Passes On Snowboarder's Version Of Ski Waiver Ruling
A Colorado state appeals court on Thursday said it didn't need to touch an injured snowboarder's argument that precedent limiting the reach of ski resort liability waivers also applies to his lawsuit over a snowmobile collision, because the snowboarder released any legal claims when he later purchased a resort pass.
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January 30, 2025
Food Co. Says Ex-Manager Hoodwinked Customers For Rivals
The former general manager of a chicken processing plant allegedly double-crossed his employer by working with two competing food distributors to poach customers through deceptive sales pitches and pocketing company funds through off-the-book rental agreements, according to a newly designated North Carolina Business Court complaint.
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January 30, 2025
Ligado Creditor Pans 'Exorbitant' Fees For $115M DIP Loan
Satellite communications company Ligado Networks LLC's largest unsecured creditor asked a Delaware bankruptcy judge to reject the company's proposed $115 million Chapter 11 financing package, saying Ligado's secured lenders were seeking to help themselves to $100 million in fees as part of the deal.
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January 30, 2025
WB's 'The Pitt' Is 'Absolutely' An 'ER' Reboot, Crichton Says
Counsel for the widow of "ER" creator Michael Crichton urged a California state judge on Thursday not to toss allegations that Warner Bros. Discovery's new medical drama "The Pitt" is an unauthorized reboot, saying the now-streaming show's development history proves it "absolutely derived" from the 1990s and early 2000s hit.
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January 30, 2025
NC Biz Court Bulletin: Sanctions Miss, Philip Morris Refund
In the second half of January, the North Carolina Business Court tussled with sanctions against a biogas company, heard claims an insurer tried to deliberately embarrass Cadwalader Wickersham & Taft LLP and ordered an $11 million tax refund for Philip Morris.
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January 30, 2025
Ex-Charter Communications IT Exec Says Noncompete Is Void
A former Charter Communications Inc. executive has asked a Connecticut federal judge to throw out the company's trade secrets claims against him or at least transfer the case to Colorado, arguing that his ex-employer has failed to say what secrets he allegedly took to his new job and that his noncompete agreement is void.
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January 30, 2025
Broker Sues Builder After Condo Plan Ditched For Apartments
A brokerage contracted to market condominiums in Denver says a developer is refusing to pay commission and other costs after deciding to convert the project into an apartment complex, according to a lawsuit filed in Colorado state court.
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January 30, 2025
Storage Co. Says Rothman Gordon Left Behind Files, Big Bills
The defunct Pittsburgh law firm Rothman Gordon PC has left thousands of file boxes in storage at a contractor's warehouse without paying, and is insisting that the contractor go through the stored records to return files to former clients, according to a lawsuit the storage company filed in Pennsylvania state court.
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January 29, 2025
Fla. Yacht Owner Seeks Depo At Courthouse After Shooting
A yacht owner has urged a Florida state court to allow a deposition in a lawsuit over an ownership dispute to be taken at the downtown Miami courthouse, saying he fears for his safety following threats on his life and a shooting that almost killed him.
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January 29, 2025
Spotify Beats Suit Challenging 'Bundling' Royalty Structure
A New York federal judge tossed a challenge to Spotify's new method for calculating artist royalties Wednesday, finding that the streaming giant followed the law in "bundling" a premium subscription that gives users access to both music and audiobooks.
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January 29, 2025
Apple Will Appeal Denial Of Bid To Defend Google Search Deal
Apple said Wednesday that it will appeal an order refusing to let it intervene in the government's search monopolization case against Google to defend a multibillion-dollar revenue-sharing deal that makes Google the default search engine for the Safari browser.
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January 29, 2025
$17M Punitive Award Reversed In Miami Hotel's Noise Suit
A Florida state appeals court on Wednesday upheld sanctions against the owner of two Miami Beach hotels for committing fraud on the court in a commercial landlord-tenant dispute, but the court threw out a $17.4 million punitive damages award and ordered a new trial on that issue.
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January 29, 2025
Dentons Taps SEC Enforcement Vet From Morrison Cohen
Dentons has brought on a former U.S. Securities and Exchange Commission enforcement attorney from Morrison Cohen LLP, where his work made headlines when he won a rare sanctions order against the regulator over its handling of a case against a client, the crypto project known as Debt Box.
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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.
Expert Analysis
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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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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.