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Commercial Contracts
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June 06, 2024
Judge Trims Claims From Resume-Builder IP Suit
A California federal judge partially granted a win to Rocket Resume in Bold Ltd.'s copyright infringement suit, agreeing that Bold had not met its burden to prove an important portion of the case.
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June 06, 2024
MLBPA Says Bad Bunny Sports Firm Hurt By Its Own Actions
The Major League Baseball Players Association told a Puerto Rico federal judge that the sports agency linked to music superstar Bad Bunny has grossly overstated the impact it had on the business, arguing it is the agency's actions, not the association's "unreasonable sanctions," that caused injury.
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June 06, 2024
Getty Images Removed From Barry Sanders Statue Suit
The number of defendants in the copyright fight over a photo used to create the statue of legendary running back Barry Sanders has continued to dwindle, after the photographer dismissed Getty Images Inc. from the suit while he continues to pursue claims against the Detroit Lions and others.
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June 06, 2024
High Bar For Booking.com Price Limits, EU High Court Told
A European Court of Justice advocate general recommended a high bar Thursday for Booking.com assertions that price parity clauses imposed on contracts with hotels are "ancillary" to, and thus protected as, legitimate business arrangements.
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June 06, 2024
Meta Can't Get Section 230 Shield Over Scam Ads At 9th Circ.
The Ninth Circuit has ruled that Section 230 is "not limitless" and doesn't shield Meta from contract claims in a proposed consumer class action over Chinese vendors' scam ads on Facebook and Instagram, with one judge calling on the Ninth Circuit to rethink precedent that broadly interprets Section 230's scope.
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June 06, 2024
UK, US Team Up On Standard-Essential Patents
The U.S. Patent and Trademark Office and U.K. Intellectual Property Office each announced a five-year agreement Thursday to collaborate on policy for standard-essential patents.
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June 06, 2024
Co. Won't Face Defect Claims In Suit Over Lost Fingers
A worker who lost her fingers after her right hand was pulled into an industrial laminating machine won't get the chance to add design defect claims to her lawsuit against the manufacturer, a Texas federal judge has ruled, saying she squandered her opportunity to investigate those claims.
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June 06, 2024
5th Circ. Sides With Miss. In Pipeline Permitting Row
The Fifth Circuit has found a lower court properly threw out an interstate pipeline company's assertion that annual levee crossing fees sought by Mississippi regulators were unconstitutional because they fell outside the scope of the company's 75-year-old permit.
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June 06, 2024
Biote Investors Sue Cooley, SPAC After Huge Merger Loss
Family trust investors in Biote Corp. have sued Cooley LLP and the "hormone optimization" company's top brass over the $700 million merger Biote completed with a special purpose acquisition company, saying the deal was a "disastrous transaction to divert approximately $70 million of merger consideration to themselves and gain control of an enterprise they did not build."
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June 06, 2024
North Carolina AG Narrows Target In Hospital Contract Suit
The North Carolina Attorney General's office has agreed to drop for-profit hospital network HCA Management Services from a lawsuit over allegedly unsafe and unsanitary conditions at its Asheville hospital, although an affiliate remains as a defendant, according to a joint stipulation in the state Business Court.
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June 06, 2024
Law Firms Accused Of Missing 'Red Flags' In NJ Fraud Deal
A legal malpractice suit filed in New Jersey state court accuses Rivkin Radler LLP and Kunstlinger Law Firm LLC of costing clients millions of dollars by failing to detect "obvious 'red flags'" amid a fraudulent business deal.
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June 05, 2024
Denver Nuggets Owner Says Hot Dog Biz Owes $860K
Billionaire Stan Kroenke's sports holding company, which owns the Denver Nuggets and other professional sports teams, sued a Denver-based hot dog shop chain in state court, alleging the food vendor owes more than $860,000 in sponsorship fees as part of a deal to promote its brand at Ball Arena during sporting events.
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June 05, 2024
Bank Shareholders Say Venezuelan Takeover Cost Them $27M
Shareholders in a small Miami bank told jurors Wednesday that board members working for the Venezuelan government had taken control of the bank and cost shareholders $27 million by engaging with the sanctioned Venezuelan government.
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June 05, 2024
Kanye West Faces Sex Harassment Suit By Ex-Assistant
Kanye West repeatedly sexually harassed a woman who worked as his assistant by sending her inappropriate and profane texts and forcing her to watch him masturbate, according to a lawsuit filed in Los Angeles County Superior Court against the rapper and some of his companies.
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June 05, 2024
9th Circ. Won't Review Cathay Pacific Ticket Refund Fight
The Ninth Circuit on Wednesday refused to reconsider its decision ordering a couple who were left stranded in the Philippines during the height of the COVID-19 pandemic to arbitrate their breach of contract dispute with Cathay Pacific Airways under their contract with a third-party booking site.
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June 05, 2024
Judge Denies Fubo Bid For Texts On Streaming Bundle
A New York federal judge on Wednesday denied FuboTV's bid to obtain text messages from executives at Disney, ESPN, Fox and Warner Bros. Discovery discussing the joint venture streaming plan at the heart of Fubo's ongoing antitrust suit.
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June 05, 2024
Axos Says Money Market Account Suit Should Be Arbitrated
Axos Bank has urged a California federal judge to either toss or force into arbitration a proposed class action alleging it reclassified customers' high-yield money market accounts into lower-yield investment accounts without informing them, saying federal law allows banks to offer accounts with variable rates that the bank can change at its discretion.
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June 05, 2024
Aluminum Co. Seeks Reversal Of $10M Coverage Cap
An aluminum supplier is urging the Fourth Circuit to reverse a lower court's ruling capping its damages at $10 million because of a molten material endorsement, arguing that the fire and water damage it sustained is separate and not subject to any sublimit or exclusion.
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June 05, 2024
Texas Tamale Co. Wins Partial Injunction In Trademark Case
A Texas federal magistrate judge has found that a Fort Worth tamale outfit called Texas Lone Star Tamales can't use certain phrases in its advertising but limited some language in a requested injunction.
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June 05, 2024
Microsoft Blasts Gamers' Bid To Add To Activision Appeal
Microsoft Corp. says the Ninth Circuit should reject a "bevy of additional, extra-record 'facts'" seeking to hold up the recent layoffs of 1,900 Activision and Xbox employees as proof that the tech giant's acquisition of Activision Blizzard Inc. was anticompetitive.
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June 05, 2024
Synchrony Charges Were Unlawful 'Veteran Penalty,' Suit Says
Synchrony Bank was hit with a proposed class action accusing it of promoting a misleading 0% interest rate for veterans and failing to disclose that the bank applies retroactive high interest rates on service members' outstanding balances when they leave duty.
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June 05, 2024
Toshiba Unit CEO Can Be Deposed In $500M Mich. Plant Suit
The leader of a Toshiba Corp. subsidiary can be deposed in a lawsuit from Michigan energy companies alleging Toshiba's overhaul on a plant was shoddy and will cost more than $500 million to fix, as a Michigan federal judge has found the executive has relevant knowledge about the defective work.
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June 05, 2024
French Bulldog Breeder Says Partner Conned Her Out Of $95K
A woman has told a federal court that a Houston-area French bulldog breeder inflated the price of four dogs by $95,000 and has refused to pay her her share of breeding fees stemming from their 2022 partnership.
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June 05, 2024
Epic Accuses Apple Of Stalling Antitrust Doc Production
Epic Games accused Apple Inc. at a hearing Wednesday of dragging its feet on producing internal documents that a California federal judge recently ordered the tech giant to hand over to help decide if Apple complied with her ban on App Store anti-steering rules.
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June 05, 2024
$900K Injury Verdict Sparks Fee Squabble In Connecticut
Connecticut law firm Ventura and Ribeiro LLP is taking Perkins and Associates PC to state court over the legal fees from a $900,000 personal injury case settlement that both firms worked on, claiming that Perkins is trying to take too much of the pie.
Expert Analysis
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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IRA Monetization Energizes Clean Power Tax Credit Market
Recent large sales of clean energy production tax credits reflect an environment in which the Inflation Reduction Act's provisions for monetizing such credits via direct transfer — bypassing slow, costly tax equity transactions — offer opportunities for both developers and investors, says Andrew Eastman at Husch Blackwell.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Pay Attention To Contract Law Tenets Amid AI Incorporation
Providers of information technology products and services are rushing to market with various generative artificial intelligence-based solutions and attempting to unilaterally amend existing agreements with their customers, but parties should beware that such amendments may be one-sided, say Jeffrey Harvey and Sharon Harrington at Hunton.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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New Legal Frameworks Are Instrumental For AI In Music
As artificial intelligence encroaches — or complements — the deeply human art of music making, creating harmony between law and technology will require all stakeholders in the music industry to provide input on intellectual property and ethical concerns, say Ariela Benchlouch and Gai Sher at Greenspoon Marder.
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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Rethinking Tech Contract Terms For Governance Of AI Use
Traditional considerations in technology deals are often inadequate for governing artificial intelligence use, which means lawyers should revisit and reimagine existing terms across the full spectrum of relevant contracts, ranging from procurement agreements and data licenses to customer agreements, say Marina Aronchik and Samuel Hartman at Mayer Brown.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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Best Practices For Defense Tech Startup Financing
Navigating the expanding and highly regulated defense technology sector requires careful planning and execution, starting at incorporation, so startups should prepare for foreign investor issues, choose their funding wisely and manage their funds carefully, say attorneys at WilmerHale.
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Questions Linger Over Texas Business Court's Jurisdiction
If parties to a case in Texas' new business court do not agree on whether the court has supplemental jurisdiction over their claims, then those claims may proceed concurrently in another court — creating significant challenges for litigants, and raising questions that have yet to be answered, says Ryan Sullivan at Reichman Jorgensen.