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Commercial Contracts
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December 03, 2024
Fla. Court Urged To OK 'Offensive' $645K Deal In Firm's Ch. 11
A law firm debtor urged a Florida bankruptcy court Tuesday to approve a $645,000 settlement in its Chapter 11 to resolve a proposed fraudulent misrepresentation class action in state court against a former Miami insurance attorney, who called the potential deal "offensive" and said it's possible he'll be sued again.
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December 03, 2024
Tech Giants Seek Firm's Communications With Elusive Client
Apple and Amazon want Hagens Berman Sobol Shapiro LLP to turn over texts and emails with a client who disappeared from a putative class action against the tech giants, to determine whether the plaintiff consented to the case continuing in his absence.
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December 02, 2024
Trial Begins In Trader Joe's Vendor's Fight With Poultry Supplier
Employees of a poultry producer cracked vulgar jokes about the quality of the meat while packaging raw chicken tainted with bone fragments, a Washington-state grocery store vendor told a federal jury on Monday, blaming the meatpacker for the demise of the Chili Lime Chicken Burgers previously made exclusively for Trader Joe's.
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December 02, 2024
Judge Isn't Seeing 'Good Faith' Compliance In Probiotic Feud
A Maryland federal judge said Monday that a drug company is, yet again, failing to make "good faith substantial compliance" with the terms of an injunction that followed a $15 million jury verdict in a dispute over a proprietary probiotic formula.
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December 02, 2024
McDonalds Can't Nix $10B Bias Suit Despite 'Close Call'
A California federal judge has refused to hand a summary judgment win to either party in Byron Allen's $10 billion lawsuit alleging that McDonald's Corp. discriminates against Black-owned media companies, finding that the discrimination allegations are a "close call" involving factual disputes that must be decided at trial.
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December 02, 2024
Kyrie Irving Owes $400K For Retreat Services, Therapist Says
A psychotherapist sued Dallas Mavericks star Kyrie Irving in New York state court alleging he owes nearly $400,000 for services she provided for a North Dakota retreat this past summer, including additional counseling services after one of the participants tragically died during the event.
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December 02, 2024
Insurer Says Telecom Co. Can't Ax Marshall Fire Coverage Suit
Liberty Mutual urged a Colorado federal court to allow it to proceed with a lawsuit against a Lumen Technologies subsidiary over coverage for underlying litigation linking the 2021 Marshall Fire to an unmoored telecommunications line, arguing that the insurer had clear standing to bring the suit.
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December 02, 2024
Filmmaker Says He Didn't Infringe IP With Beirut Documentary
An independent filmmaker and his company have launched a suit in Ohio federal court seeking a declaration that they never infringed any copyright owned by a nonprofit while making a documentary about the 1983 U.S. Marine barracks bombings in Beirut.
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December 02, 2024
Bank, Payment Processor Look To Sink Chargeback Fee Suit
Esquire Bank NA and a payment processor it sponsors have asked a New York federal judge to toss all but one of an online merchant's proposed class action claims over a fee provision in their contract, arguing as a mediation date looms that most of the merchant's claims are either duplicative or inapplicable.
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December 02, 2024
ByteDance Says Ex-Worker Can't Avoid Counterclaims
TikTok's parent company, ByteDance, says a former engineer shouldn't be able to dodge its counterclaims in a dispute stemming from his termination, arguing that just because he wants to drop his allegations doesn't mean those counterclaims are moot.
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December 02, 2024
DOJ, AGs Back Block Of ESPN Sport Streaming JV At 2nd Circ.
The Justice Department and a group of Democratic state attorneys general are backing a lower court injunction against a sports-only streaming service from ESPN, Fox and Warner Bros. Discovery, telling the Second Circuit the sports giants can't claim they have a right to refuse dealing with rivals after joining forces.
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December 02, 2024
Remediation Co. Says Anadarko Can't Support Coverage Bid
An environmental remediation company urged a Texas federal court to deny Anadarko Petroleum Corp.'s bid for an early win in a dispute over coverage for a decade-old Louisiana kickback suit, saying the oil producer failed to show that it's entitled to a defense and indemnity.
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December 02, 2024
Musk Asks Court To Halt OpenAI's Conversion To For-Profit
Elon Musk sought a preliminary injunction asking a California federal court to stop OpenAI from transitioning into a for-profit enterprise, arguing the plaintiffs and the public would be harmed whether as competitors, donors, investors, consumers, taxpayers, citizens or "simply as people" worried about AI rushing unsafe products into the marketplace.
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December 02, 2024
JPMorgan, Tesla Agree To End $162M Suit Over Musk Tweet
JPMorgan Chase & Co. and Tesla told a New York federal judge on Monday the parties have agreed to voluntarily end JPMorgan's suit alleging Tesla owes it $162 million over expired stock warrants after Tesla CEO Elon Musk mulled taking the company private in an August 2018 tweet.
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December 02, 2024
Ex-Luxottica Worker's Pension Claims Must Be Heard In Court
A New York federal judge agreed to revive in-court proceedings on a Luxottica ex-worker's claims in a federal benefits lawsuit that she made on behalf of her pension plan, but held firm on the court's earlier decision to compel individual arbitration of other claims.
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December 02, 2024
Ark. Governor Wants Out Of Cherokee Casino License Row
Arkansas Gov. Sarah Huckabee Sanders is asking a federal district court to be removed as a defendant and for an overall dismissal of a challenge to a state amendment that revoked a Cherokee Nation business' casino license, arguing the Oklahoma tribe doesn't have any property interest in the case.
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December 02, 2024
Pot Co. Says Ex-Director Shared Secrets With Ex-Partner
Cannabis cultivator Curaleaf Inc. and a subsidiary are suing a former director of operations, accusing him of sharing confidential information with a former business partner, among other alleged contract breaches.
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December 02, 2024
NJ Siblings Say Fox Rothschild Must Face Malpractice Suit
Two siblings have called on a New Jersey state court to reject Fox Rothschild LLP's bid to exit their malpractice suit alleging a lawyer now at the firm bungled a 1984 property deed and 1993 trust belonging to their late stepfather, depriving them of a lucrative land parcel.
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November 27, 2024
Deloitte Posed As Consultant To Steal Vax Software, Suit Says
An inventor has accused Deloitte Consulting LLP in New York federal court of stealing her proprietary vaccination management system and securing a multimillion-dollar government contract for rolling out COVID-19 vaccines, saying the firm colluded with the Centers for Disease Control and Prevention to pilfer the technology.
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November 27, 2024
Drake Says UMG Boosted Lamar's False 'Pedophile' Claim
Despite knowing Kendrick Lamar's "Not Like Us" single falsely accused Drake of being a "certified pedophile," Universal Music Group chose to boost the song across radio airwaves by potentially making illicit payments to iHeartMedia, the Canadian rapper alleged in Texas court the same day he made similar allegations in Manhattan.
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November 27, 2024
Ford Can't Throw Out $13M IP Verdict, InterMotive Says
California-based vehicle technology supplier InterMotive Inc. has urged a Michigan federal judge not to touch a $13 million verdict it won after a jury found Ford profited from the misappropriation of a trade secret related to its interface module, saying the jurors made their decision based on sufficient evidence.
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November 27, 2024
Stephenson Harwood Says Trade Export Co. Owes $100K In Fees
U.K.-based Stephenson Harwood LLP has sued an Alabama trade export company that specializes in Latin America, saying it owes more than $100,000 in legal fees after the law firm pursued arbitration on the company's behalf against London-based accountancy firm Parker Lloyd Ltd.
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November 27, 2024
WSFS Sues Sign-Maker After Letter Falls From Philly Rooftop
Wilmington Savings Fund Society FSB is suing the manufacturer and installer of logo signs placed at the top of buildings in Philadelphia, Pennsylvania and Wilmington, Delaware, alleging breach of contract and professional negligence claims after a large portion of the 'W' on its Philly building broke off and fell 40 stories to the ground.
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November 27, 2024
Yale Health Group Can Bolster Bid To Dodge $435M Sale Deal
Yale New Haven Health Services Corp. can add allegations to its complaint against Prospect Medical Holdings Inc. seeking to dodge a $435 million contract to buy a string of Connecticut hospitals and cite more examples of the seller's alleged breach of the deal, including $16 million in pension liens and ongoing regulatory investigations.
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November 26, 2024
Developer Accuses Fla. Attys Of 'Fraudulent Billing' Scheme
A real estate developer embroiled in a dispute with Conrad & Scherer LLP over unpaid legal fees has filed a new lawsuit against two of the firm's partners, claiming they operated a "bait and switch" scheme to overbill him for their work in litigation over a loan to finance construction of a $76 million Aspen home.
Expert Analysis
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Anticipating Disputes In Small Biz Partnerships And LLCs
In light of persistently high failures of small business partnerships and limited liability companies, mediator Frank Burke discusses proactive strategies for protecting and defining business rights and responsibilities, as well as reactive measures for owners.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Contract Disputes Recap: Addressing Dispositive Motions
Stephanie Magnell and Bret Marfut at Seyfarth examine three recent decisions from the U.S. Court of Claims and the U.S. Civilian Board of Contract Appeals that provide interesting takeaways about the nuances of motion practice utilized by the government to dispose of cases brought under the Contract Disputes Act prior to substantive litigation
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What 2 Rulings On Standing Mean For DEI Litigation
Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Arbitration Implications Of High Court Coinbase Ruling
The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.
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A Look At Calif. Contract Considerations In Fiji Water Ruling
A California appellate court's recent decision in Carolina Beverage v. Fiji Water, that a party may not seek contractual recovery on the basis of constructive termination, offers a look at contract construction and other considerations on negotiating distribution agreements, says Michael Laszlo at Clark Hill.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Practical Private Equity Lessons From 2 Delaware Deals
A pair of Delaware Chancery Court cases remind private equity sponsors that specificity is crucial through the lens of deal certainty, particularly around closing conditions and agreement sections of acquisition agreements, say Robert Rizzo and Larissa Lucas at Weil Gotshal and William Lafferty at Morris Nichols.