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Commercial Contracts
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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 suit 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.
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October 17, 2024
No Privilege For Drug Discount Co. Accused Of Faking Deal
A Colorado federal judge held Wednesday that he saw probable cause that a drug discounter hired an attorney with the intent to commit fraud, ordering that company to disclose privileged documents in a lawsuit alleging it faked an acquisition to dupe an Illinois-based pharmacy benefit company into paying higher commissions.
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October 17, 2024
Seyfarth Hit With $8M Suit For Botched Wage Class Settlement
Seyfarth Shaw LLP owes a physician practice almost $8 million for negligently removing hundreds of the practice's employees from a list of those entitled to part of a $4.9 million wage and hour settlement, costing the practice another $3.6 million to correct the mistake, according to a California suit.
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October 17, 2024
Pa. AG Can't Get State Claims Restored In FTC Amazon Suit
A federal judge tersely denied a request from Pennsylvania's attorney general, who had sought to reinstate her state's consumer protection claims against Amazon in the Federal Trade Commission's antitrust suit.
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October 16, 2024
Airline Owner Can't Force Cravath To Give Docs, Court Says
Cravath Swaine & Moore LLP doesn't have to turn over documents used in the prosecution of an airline owner accused in a scheme to defraud Polar Air Cargo Worldwide of millions of dollars, a New York federal judge ruled Wednesday, saying the defendant hasn't shown the firm was part of the prosecution.
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October 16, 2024
Philips Says $12M Sanction Needed For Evidence Destruction
A spoliation sanctions hearing for around $12 million in royalty damages turned terse when the owner of a medical device equipment sale and servicing company seemingly hedged his statements, with a Texas federal judge saying, "Oh my gosh, just answer the question," during the Wednesday hearing.
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October 16, 2024
Conn. Nurses Sue To Block Forced Post-Contract Overtime
A union representing nurses at a Hartford HealthCare-affiliated hospital in Norwich, Connecticut, has asked a state superior court judge to block mandatory overtime assignments, arguing that a 2020 union contract requiring such shifts expired over the summer and that a 2023 state statute bans the hospital's continuing practices.
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October 16, 2024
Amec Unit Wants 'Vexatious' Biofuel Plant Suit Tossed
Energy construction giant Amec Foster Wheeler and one of its units called on a Georgia federal judge to throw out a lawsuit alleging it misled a Peach State power company about the quality of work on two biofuel plants, arguing the company's complaint violates the claim-splitting doctrine and lacks sufficient factual allegations.
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October 16, 2024
Alphatec Investor Seeks $9.5M Atty Fee After Chancery Win
A family office investment company that recently won a five-year battle over millions worth of securities purchase rights not honored by a surgical and medical device developer asked Delaware's Court of Chancery on Wednesday to shift more than $9.5 million in fees and expenses to the developer.
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October 16, 2024
Pa. AG Wants State Claims Restored In FTC Amazon Suit
Pennsylvania's attorney general wants to get back into a joint state and federal antitrust case against Amazon, asking a Washington federal judge to reconsider tossing claims under Pennsylvania's consumer protection law because Amazon allegedly concealed its unfair trade practices from Pennsylvania customers.
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October 16, 2024
Georgia EV Battery Manufacturer Settles Fire Suit
A Georgia electric vehicle battery manufacturer has reached a settlement ending a recycling facility's suit alleging it caught fire and burned to the ground last year after the manufacturer allegedly sent hundreds of charged lithium-ion battery scraps to the facility.
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October 16, 2024
PE Firm Trashed Exec To Avoid Payout In $98M Deal, Suit Says
A Summit Partners affiliate and several executives concocted false allegations of misconduct to get out of fully compensating the owner of an investment management firm as part of an acquisition worth a reported $97.6 million, according to a complaint filed in Massachusetts state court.
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October 16, 2024
Railroad Holding Locomotive 'Hostage,' G&W Unit Says
A Connecticut railroad has held a locomotive "hostage" since it derailed in August and is trying to "extort" its rightful owner for more than $100,000, according to a federal lawsuit that brings claims including larceny and unfair trade practices against Housatonic Railroad Co. Inc.
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October 15, 2024
Uber Faces Scrutiny From NY High Court In Negligence Case
Judges on New York's highest court on Tuesday grilled an Uber attorney over whether the rideshare company violated ethical rules when it failed to omit a user already pursuing a negligence lawsuit against it from an email blast providing notice about an updated arbitration agreement in its terms of use.
Expert Analysis
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Rare Robinson-Patman Ruling Exhibits Key Antitrust Risk
A rare federal court decision under the Robinson-Patman Act, which prohibits certain kinds of price discrimination, highlights the antitrust risks faced by certain suppliers and is likely to be cited by future plaintiffs and enforcement officials calling for renewed scrutiny of pricing and discounting practices, say attorneys at Baker McKenzie.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Beware Shifting Provisions In Middle-Market Loan Documents
In recent years, many credit facility provisions previously considered to be market standard have been negotiated, often turning in favor of borrowers, demanding renewed diligence from workout officers and restructuring counsel operating in the middle market, say attorneys at Crowell & Moring.
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Patent Lessons From 7 Federal Circuit Reversals In May
A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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9th Circ. Ruling Shows Lies Must Go To Nature Of Bargain
The Ninth Circuit’s recent U.S. v. Milheiser decision, vacating six mail fraud convictions, clarifies that the key question in federal fraud cases is not whether lies were told, but what they were told about — thus requiring defense counsel to rethink their strategies, say Charles Kreindler and Krista Landis at Sheppard Mullin.
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Adopting 7 Principles May Improve Voluntary Carbon Markets
The Biden administration's recently issued joint policy statement on improving the integrity of voluntary carbon markets may help companies using carbon credits to offset their emissions withstand scrutiny by government agencies, the public and investors, say attorneys at Morgan Lewis.
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Managing Legal Risks After University Gaza Protests
Following the protests sparked by the war in Gaza, colleges and universities should expect a long investigative tail and take steps to mitigate risks associated with compliance issues under various legal frameworks and institutional policies, say Wiley's Diana Shaw and Colin Cloherty.
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Debate Over CFPB Definition Of Credit Is Just Beginning
The Consumer Financial Protection Bureau has recently worked to expand the meaning of credit, so anyone operating on the edges of the credit markets, or even those who assumed they were safely outside the scope of this regulatory perimeter, should pay close attention as legal challenges to broad interpretations of the definition unfold, says John Coleman at Orrick.
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Abu Dhabi Ruling Hints At More Arbitration-Friendly Approach
The international and comparative rationale an Abu Dhabi onshore court used to decide that an arbitration agreement referencing a defunct arbitration center was still enforceable suggests that the UAE judiciary may be adopting a more flexible, pro-arbitration framework and stabilizing Dubai's arbitration landscape, say attorneys at Reed Smith.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.