Try our Advanced Search for more refined results
Commercial Contracts
-
September 25, 2024
NC State '83 Basketball Champs Drop TV Networks In NIL Suit
Members of the 1983 North Carolina State University men's basketball team, known as the Cardiac Kids, dropped CBS and TNT from their suit in North Carolina state court accusing the NCAA of exploiting their names, images and likenesses from their national championship run during the annual promotion of March Madness.
-
September 25, 2024
Wash. Hospital System Misclassifies Workers, Nurse Says
A Washington-based hospital operator misclassified its workers as independent contractors and underpaid them for their overtime as a result, a registered nurse said in a proposed class and collective action in Washington federal court.
-
September 25, 2024
Cannabis Co., Investor Must Take Contract Suit Back To Court
A Washington appeals panel has reversed a summary judgment in favor of an investor who alleged that a cannabis grower and seller breached an agreement to buy out his stock following a dispute, saying that while the contract is enforceable, there remain questions about whether that contract was breached.
-
September 25, 2024
NC Judge Limits $5.6M Hurricane Claims In Part Over Deadline
A North Carolina federal court found that a property owner awarded $5.6 million following hurricane damages could continue its breach of contract case against an insurer for alleged underpayment for 2016 Hurricane Matthew damages, though its claims for 2018 Hurricane Florence damages were time-barred.
-
September 25, 2024
Insurer Needn't Cover Las Vegas Sands In Payment Dispute
An AIG unit secured an early win in its coverage dispute with a Las Vegas casino over an underlying state court lawsuit brought by an agent alleging the casino failed to pay him for his work, after a Nevada federal court ruled the underlying action was not covered.
-
September 25, 2024
Vape Co. Sues Buchalter Alleging Malpractice After IP Action
A Los Angeles-based cannabis company called Smoke Tokes LLC has filed a legal malpractice suit accusing Buchalter PC and two of its attorneys of causing a federal trademark action to drag on unnecessarily even after Smoke Tokes took all necessary steps to satisfy a judgment and injunction.
-
September 25, 2024
Production Co. Drops Lil Uzi Vert Manager From Fees Suit
A California-based company suing rapper Lil Uzi Vert for failing to pay more than half a million dollars in concert design and production costs told a Georgia federal judge it is dismissing a breach of contract claim against the rapper's manager, Amina Diop.
-
September 25, 2024
Full Fed. Circ. To Tackle Patent Damages In $20M Google Case
The full Federal Circuit said Wednesday it will review a panel's holding that Google must pay EcoFactor $20 million for infringing a smart thermostat patent, after the tech giant said the court has allowed patent owners to "manufacture a royalty rate."
-
September 24, 2024
Google Can't Ditch Privacy Suit Over Period App Data Sharing
A California federal judge has refused to release Google from a proposed class action alleging the company used a data analytics tool to wrongfully retrieve data from menstruation tracking app Flo, rejecting the tech giant's arguments that the plaintiffs lacked standing and had consented to the disclosures.
-
September 24, 2024
Athlete Investment Co. Gets Claims Nipped In $1M Fraud Suit
A New York federal judge has trimmed a suit alleging that an athlete investment company that aimed to "tokenize" and sell shares of professional athletes was involved in a $1 million fraud and lied about its business plan, saying the plaintiff is conflicted from bringing certain derivative claims.
-
September 24, 2024
11th Circ. Weighs 'Good Cause' In Franchise Termination Suit
The Eleventh Circuit on Tuesday considered whether Hyundai Motor Corp. acted with "good cause" when it terminated a franchise owner's dealership contracts over sexual assault charges against the franchise owner's son, with arguments largely focused on whether the carmaker acted with "good cause."
-
September 24, 2024
Helicopter Maker Skirted FAA Requirements, Jury Hears
Fort Worth-based Bell Helicopter Textron Inc. used a former vendor's trade secrets to skirt the need for regulatory approval, a jury heard in Texas state court Tuesday, allegedly avoiding requirements set by the Federal Aviation Administration as the company pulled the rug out from under its old vendor.
-
September 24, 2024
Fired United Rentals Worker Denies Competing In New Job
United Rentals Inc. cannot show that it suffered irreparable harm when an ex-employee started working for a new company after he was fired, and even if it could, his noncompete agreement is unenforceable, the worker said in a filing in Connecticut state court that seeks to stave off a preliminary injunction.
-
September 24, 2024
Wash. Justices Dubious Of Moonlighting Ban Loophole
Washington state Supreme Court justices expressed doubt Tuesday that the state's moonlighting protections included an exception allowing companies to ban employees from other businesses in the same industry, saying that would contradict the noncompete statute's aim of supporting mobility for low-wage earners.
-
September 24, 2024
Appeals Court Finds LNG Project Claims Barred By Arbitration
An arbitration between a Kinder Morgan affiliate and a U.S. energy company concerning an abandoned gas project foreclosed a later breach of contract case from the U.S. company's Italian parent, a New York appeals court ruled Tuesday.
-
September 24, 2024
Pac-12 Suit Says Mountain West 'Poaching' Fee Goes Too Far
The Pac-12 Conference, which has spent much of September luring away five Mountain West Conference universities to rebuild its depleted membership, sued the rival conference Tuesday for imposing a "poaching penalty" of tens of millions of dollars in exit fees that it called "one-sided" and anticompetitive.
-
September 24, 2024
Chancery Told SwervePay Deserves Sanctions In Earnout Suit
A court-appointed special magistrate has recommended sanctioning e-payment venture SwervePay and related parties over up to 22 months of missing or deleted text messages sought by SPOSC Investment Holdings and others in a post-merger battle over an alleged multibillion-dollar overstatement of "monetizable" payment traffic.
-
September 24, 2024
Musk, X Seek To End Ex-CNN Anchor's Talk Show Fraud Suit
Elon Musk and his social media platform X have asked a California federal judge to toss former CNN anchor Don Lemon's suit against over a collapsed talk show deal, saying the claims are insufficiently supported, Musk wasn't properly served, and there's no jurisdiction to proceed in the Golden State.
-
September 24, 2024
4th Circ. Reluctant To Let NFL Fans Pass On Arbitration
The Fourth Circuit on Tuesday seemed likely to make National Football League fans arbitrate their claims against the Washington Commanders over injuries sustained in the team's stadium, with one judge calling it "weird" to think attendees could dodge contract terms just because someone else bought their tickets.
-
September 24, 2024
Real Estate Cos. Accuse Partner Of Mucking Up $21M Deal
Two real estate companies and other parties have told a North Carolina federal court that their business partner must be forced to sign off on the more than $21 million sale of a North Carolina apartment complex or their businesses will suffer financially.
-
September 24, 2024
Meta Can't Nix Misrepresentation Claims In Revenue Split Suit
Meta Platforms Inc. can't nix misrepresentation claims by a Canadian news site alleging the social media giant rejected its ads without explanation in violation of its policy, after a California federal judge said Monday the plaintiff sufficiently alleged it relied on Meta's promises to provide such explanations when deciding to invest millions of dollars to advertise.
-
September 24, 2024
Everton Finds New Buyer In US Billionaire
The company controlled by U.S. billionaire businessman Dan Friedkin has agreed to take a majority stake in Everton Football Club in a move that comes after a prior Everton sale fell through amid legal troubles for the buyer.
-
September 24, 2024
Insurer Says Telecom Co. Not Covered For Marshall Fire Suits
A Liberty Mutual unit told a Colorado federal court that a subsidiary of Lumen Technologies isn't an additional insured under a policy issued to a construction company, thus making the subsidiary ineligible for coverage of underlying lawsuits alleging that poorly designed telecommunications lines contributed to the 2021 Marshall Fire.
-
September 24, 2024
Harvard Says Alums Can't Sue Over Antisemitism Concerns
A lawyer for Harvard University told a Boston federal judge on Tuesday that alumni suing the elite school over antisemitism on campus may have sincere concerns about their alma mater, but they lack standing to air those issues in court.
-
September 24, 2024
4th Circ. Poised To Uphold $1M Sanction For Court 'Attack'
The Fourth Circuit on Tuesday appeared ready to uphold a roughly $1 million sanction against New York plaintiffs attorney Paul Napoli for his purportedly frivolous filings in a battle with another firm over asbestos litigation client referrals, with one judge accusing Napoli of making a "collateral attack" on a federal court's authority.
Expert Analysis
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
-
DC Circ. Ruling Heightens HHS Contract Pharmacy Challenges
The D.C. Circuit's recent ruling that the Section 340B program does not bar manufacturers from restricting deliveries of discounted drugs to contract pharmacies represents a second strike against the U.S. Department of Health and Human Services' current contract pharmacy policy and raises the stakes surrounding an upcoming Seventh Circuit ruling on the same issue, say attorneys at Foley Hoag.
-
Trending At The PTAB: Real Party In Interest And IPR
The Patent Trial and Appeal Board’s recent Luminex v. Signify decision, finding a complaint seeking indemnification may be treated as a public demand sufficient to establish a real party-in-interest, shows that the board continues to apply a broad and expansive definition to that term, say Yicong (Eve) Du and Yieyie Yang at Finnegan.
-
How Employers, Attorneys Can Respond To Noncompete Ban
As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.