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Commercial Contracts
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December 23, 2024
Ethics Disclosure Fail Sinks Firm's Coverage, NJ Panel Says
A law firm that failed to reveal an attorney's ethics case when applying for malpractice insurance coverage effectively secured the policy using misrepresentations, the New Jersey state appeals court ruled, declining to revive the firm's suit over the rescission of its policy.
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December 20, 2024
Colo. Panel Upholds Antero's $215M Wastewater Contract Win
A Colorado appellate panel will hold a wastewater solutions firm to a $215 million judgment for breaching salt standards in a contract to build a fracking water treatment plant for Antero Resources, recognizing an email referencing the criteria as a part of a change order and thus the deal itself.
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December 20, 2024
Samsung Contractor Still Partly On Hook In Patent Suit
A California federal judge has partially denied a Samsung contractor's attempt to beat a suit alleging two of its products infringe a pair of technology patents, only agreeing to narrow which claims can move to trial.
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December 20, 2024
A Look Back At 2024's Major Securities Litigation Moments
The private securities litigation bar experienced a busy 2024, with meaningful and significant rulings in almost all of the nation's leading courts, and corporations, investors, government agencies and executives fighting over pay packages, disclosures, class certifications and mergers.
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December 20, 2024
Nike, Converse Blast Co.'s Trade Secret Case Ahead Of Trial
Ahead of a trial in February in Oregon federal court, Nike Inc. and Converse Inc. on Thursday blasted trade secret theft allegations involving an anti-counterfeiting system from Valmarc Corp., saying that Valmarc failed to protect its claimed secrets, that the technology at issue has been around for years and that the company's complaint is time-barred.
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December 20, 2024
Amazon Touted Efforts To Curb Price-Gouging, Shoppers Say
A group of online shoppers said Thursday that Amazon can't dodge litigation alleging price-gouging during the pandemic, arguing that the retail giant's efforts to toss the case are contradicted by earlier public statements "trumpeting" the company's work with Washington's attorney general to enforce the state's consumer protection law against price-gougers.
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December 20, 2024
Medical Records Co. Wants Rival's Antitrust Suit Tossed
Epic Systems Corp. told a New York federal court that an antitrust case lodged by Particle Health Inc. is really just payback for revealing concerns that Particle allowed its customers to inappropriately access personal medical records.
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December 20, 2024
Calif. Panel Says Woman Has Right To Sue Over Home Sale
A California state appeals court reversed a quick win granted to Sotheby's International Realty Inc. and other real estate brokers in a suit filed over a $3.15 million sale of a Malibu home, ruling in a published decision that the homeowner legally allowed his daughter to sue over the property sale.
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December 20, 2024
The Top Cases Of 2024 In Texas: Year In Review
Texas closed out the year with blockbuster rulings on social media companies’ use of biometric data and the U.S. Securities and Exchange Commission’s expanded definition of a dealer. Here are the biggest decisions out of Texas that topped Law360’s radar this year.
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December 20, 2024
Judge Found Door Market Won't Change Without Factory Sale
A Virginia federal court has rejected Jeld-Wen Inc.'s bid to overturn a landmark order forcing it to sell a door skin factory after finding the $115 million price is fair considering the circumstances and that its rival's plan to open its own factory will not restore competition.
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December 20, 2024
Fla. Labs Appeal $7.3M Conn. Jury Verdict Favoring Cigna
Three Florida substance abuse testing laboratories filed notice Thursday promising to appeal a $7.3 million loss to Cigna Health and Life Insurance Co. over billings for recurring tests on drug treatment patients the insurer said were not medically necessary.
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December 20, 2024
Off The Bench: Jordan's NASCAR Dunk, NIL Attys' Payday
In this week's Off The Bench, Michael Jordan's racing team scores an early-stage win in its antitrust battle with NASCAR, attorneys engineering a historic settlement with the NCAA seek more than half a billion dollars in fees, and the fracas over college sports realignment makes headaches for the Mountain West Conference.
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December 20, 2024
Split Del. Jury Clears Qualcomm In Arm Ltd. Chip Fight
A federal jury in Delaware on Friday rejected semiconductor design and licensing giant Arm Ltd. Inc.'s claims that Qualcomm Inc. breached Arm's chip architecture licensing and trademark rights, but was declared hung on matching claims against Nuvia Inc., acquired by Qualcomm in 2021
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December 20, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the University of Southampton sue a drone-maker over the rights to an uncrewed aircraft patent, Importers Service Corp. and its subsidiary ISC Europe take action against a former director who allegedly owes the company over £1.1 million ($1.4 million), and DAC Beachcroft face a fraud claim by a "prolific litigant."
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December 20, 2024
Beasley Allen Fights Bid To Recuse Judge In Talc Fee Suit
Beasley Allen Law Firm on Friday fired back at The Smith Law Firm PLLC's motion to recuse an Alabama federal judge from Beasley Allen's breach of contract suit because the jurist previously represented the firm, arguing that the request is incompatible with Seventh Circuit precedent.
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December 20, 2024
Top Pa. Cases Of 2024: Elon Musk, Johnny Doc, Uber Drivers
This year was a standout for high-profile legal battles in Pennsylvania, from a blockbuster verdict against Monsanto over its Roundup weedkiller to the Philadelphia district attorney's fight with Elon Musk over allegations that he tried to influence the 2024 presidential election with his million-dollar giveaway.
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December 20, 2024
Watershed NCAA, UFC Settlements Highlight 2024's 2nd Half
The second half of 2024 saw the sunset of several yearslong lawsuits that will significantly impact the world of sports, including the settlement of the NCAA's name, image and likeness antitrust litigation and the closing of the UFC's legal battle with current and former fighters. Here, Law360 explores the top sports and betting moments from the second half of 2024.
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December 19, 2024
Calif. High Court Sides With Jo-Ann In Co-Tenancy Dispute
The California Supreme Court on Thursday unanimously upheld the enforceability of a Jo-Ann Stores LLC co-tenancy provision allowing the fabric and craft chain to pay reduced rent at a Sacramento-area location because the mall doesn't have either 60% of space leased or three anchor tenants.
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December 19, 2024
Google Health Tracking Plaintiffs Fight To Keep Suit Alive
A California federal judge who was asked by Google to toss a proposed class action alleging that the tech giant illicitly scoops up users' personal data from healthcare providers' websites indicated during a Thursday hearing that he might grant the request while adding that he still has "a lot more thinking to do."
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December 19, 2024
Aviation Co. AAR To Pay $55M Over Alleged Bribery Schemes
AAR Corp. has agreed to shell out $55 million to resolve allegations from both the U.S. Securities and Exchange Commission and U.S. Department of Justice that the aviation services provider bribed government officials in Nepal and South Africa, the agencies announced Thursday.
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December 19, 2024
Coppola Calls On 'Last Duel' Writer In Variety Libel Suit
Francis Ford Coppola's attorney urged a California judge Thursday not to toss the famed director's libel suit against Variety magazine over a story it published alleging the "Megalopolis" director sexually harassed actresses on set, and to consider a declaration from the author of "The Last Duel" supporting his client's case.
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December 19, 2024
X Corp. Fails To Toss Data Breach Suit
A California federal judge has refused to toss a twice-amended putative class action accusing X Corp. of failing to protect over 200 million users' personal information but tossed a breach of contract claim, saying users couldn't lean on the social media company's blog posts to allege X broke express security promises.
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December 19, 2024
Fla. Judge OKs $12M Award In Nigerian Oil Fight
A Florida judge Wednesday allowed Côte d'Ivoire's state-owned energy company to enforce an $11 million arbitral award it won following a troubled joint venture to acquire and manage some of Chevron's West African downstream assets, largely rejecting Nigeria-based MRS Holdings Ltd.'s jurisdictional objections.
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December 19, 2024
Foley Adds Tech, Life Sciences Partner From IP Boutique
Foley & Lardner LLP has hired a longtime partner from intellectual property boutique Lerner David LLP to strengthen both the transactional and litigation arms of its technology and life science practices in New York.
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December 19, 2024
Another Dispute Over Michael Avenatti's Jet Flies Into Court
A California law firm is going after the incarcerated Michael Avenatti and others to get its hands on proceeds from the sale of a private jet the onetime attorney for Stormy Daniels purchased with money he stole from clients in the latest legal action over the seized plane.
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.