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Commercial Contracts
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September 26, 2024
Keller Postman Defends Hitting Tubi With 23K Arbitration Claims
Keller Postman LLC on Wednesday defended filing arbitration demands against Tubi Inc. without waiting 45 days after providing notice of claims, and urged a D.C. federal judge to toss the TV content platform's lawsuit, arguing that arbitration is the only route its clients have to dispute the enforceability of the contractual delay.
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September 26, 2024
Edible Arrangements Says Zurich Shirked Policy Duties In $4M Suit
Atlanta-headquartered Edible Arrangements has hit the American Zurich Insurance Co. with a breach of contract suit seeking at least $4.2 million, claiming the insurer refused to defend and indemnify it against counterclaims stemming from a trademark suit it filed against another company.
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September 26, 2024
Oil Co. Can Escape Most Claims In Shell Fraud Suit
A federal judge trimmed most of the claims from a lawsuit brought by a group of Western Pennsylvania landowners who say a Royal Dutch Shell PLC subsidiary fraudulently sold off $9.5 billion of its assets to avoid the possibility of being subject to a judgment in a separate lawsuit.
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September 26, 2024
Full Fed. Circ. Looks To Clarify Damages In Google Case
The full Federal Circuit has agreed to review EcoFactor's $20 million infringement award against Google, a move that attorneys say should provide much-needed guidance for both judges and parties when calculating damages.
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September 26, 2024
Helicopter-Maker Claims Supplier Had 'Reliability Issues'
A former Fort Worth, Texas-based Bell Helicopter Textron Inc. engineer claimed a supplier at the center of a $100 million trade secrets lawsuit delivered parts that had "reliability issues," saying Thursday during a trial in Texas state court that the supplier had long-standing problems.
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September 26, 2024
Chubb Bears Burden In Smithfield Hog Farm Coverage Suit
A Chubb unit must bear the burden of proving the reasonableness of costs that Smithfield Foods incurred in defending against claims that its farms were a nuisance, North Carolina's business court ruled, saying the pork producer must only show that it incurred and paid the costs at issue.
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September 26, 2024
Visa Case Continues Antitrust Focus On 'Middlemen'
The antitrust case filed by the U.S. Department of Justice against Visa on Tuesday is the administration's latest attack on commercial "middlemen" that enforcers say contribute to high consumer prices by using their dominance to charge inflated fees.
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September 26, 2024
Judge Certifies COVID-19 Refund Action Against Cedar Fair
An Ohio federal judge certified two classes of 2020 season pass holders with amusement park company Cedar Fair LP — which recently merged with Six Flags Entertainment Corp. — and also added some subclasses for the pass holders' claims that they are entitled to refunds after the amusement parks they bought passes for were shut down during the COVID-19 pandemic.
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September 26, 2024
Conn. Lawyer Wants Early Win In $450K Malpractice Suit
A Connecticut attorney's former client has effectively admitted that she is the one responsible for delays in responding to discovery requests in a fraudulent transfer suit that ultimately cost her $450,000, the attorney said in seeking summary judgment in a malpractice suit that she brought against him in state court.
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September 26, 2024
NC Medical Equipment Maker Can't Ditch Unfair Biz Suit
The North Carolina Business Court has denied a medical equipment maker's bid to get a win based on the pleadings in a fraudulent concealment and unfair trade practices lawsuit alleging that it stole the business model and a pregnancy support garment design from a rival.
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September 26, 2024
4th Circ. Judge Thrashes Vets' Argument In Citibank Fee Suit
A Fourth Circuit judge on Thursday ripped military members' argument that they must be allowed under a military-members-lending law to proceed in federal court with a proposed class action alleging Citibank charged illegal fees, with the judge stressing that the statute is silent on forbidding arbitration.
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September 26, 2024
Investor Ordered To Deposit $336K In Pot Co. Contract Suit
A Nevada magistrate judge has ordered Capital Pure Assets Ltd. to deposit $336,000 with the court as part of a dispute with a cannabis payment company's subsidiary over a failed business venture, finding the subsidiary is likely to succeed on its claims that CPA tricked it into putting that amount into an escrow fund.
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September 26, 2024
Pa. Justices Say COVID Closures Aren't Covered Losses
Pennsylvania's Supreme Court shut the door Thursday on COVID-19 pandemic loss insurance coverage for businesses closed by government mandate, ruling that requisite physical loss or damage required tangible alteration to property, reversing a lower court decision that stated loss of use was sufficient.
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September 26, 2024
9th Circ. Says Defense Owed In Salesforce Trafficking Row
Travelers must defend Salesforce against consolidated underlying sex trafficking claims being litigated in Texas state court, the Ninth Circuit ruled, rejecting the insurer's position that because Salesforce's alleged violation of Texas sex trafficking statutes necessarily involved expected or intentional conduct, it had no defense obligation.
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September 26, 2024
4th Circ. Hints Rocket Mortgage Class Cert. Is On Shaky Ground
The Fourth Circuit on Thursday seemed skeptical that all potential class members who accused Rocket Mortgage of inflating their home values could prove they were injured under the U.S. Supreme Court's heightened pleading standard in TransUnion, putting the lower court's certification order on rocky footing.
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September 25, 2024
Wash. Judge Says Co., Firm Seem To Share Sanctions Blame
A Washington appeals court judge said Wednesday that a climbing equipment manufacturer and its former trial counsel, Sinars Slowikowski Tomaska LLC, appear to share blame for discovery violations in a product liability lawsuit and that a trial court appeared to have the authority to issue sanctions.
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September 25, 2024
GM Part Maker Says Supplier's Stoppage Halts Chain
An auto seating system maker urged a Michigan federal judge on Wednesday to force a supplier to resume producing parts needed for General Motors and Honda vehicles, saying the supplier is running afoul of their contract by demanding higher prices and could cause a shutdown of the auto supply chain.
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September 25, 2024
Baltimore Bridge Wreck: 6 Months Later, Claims Mount
A court deadline to challenge liability limits over Baltimore's Francis Scott Key Bridge collapse shows an intense legal battle brewing as the U.S. government, Maryland and private plaintiffs sharpen their claims for damages against the owner and manager of the cargo ship that slammed into the bridge six months ago.
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September 25, 2024
Consultant Wants NC Packaging Patent Fight Tossed
A consultant and owner of a cold-packaging company accused of lying about his patent rights is doubling down on his bid to ditch a rival business's federal lawsuit under North Carolina's abusive patent law, saying he has no intention of accusing the business of infringement.
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September 25, 2024
Walgreens' TM Suit Can Proceed Against Founder's Relative
Walgreen Co. can move forward with its trademark infringement suit against the great-grandson of the company's founder for operating Walgreen Health Solutions after an Illinois federal judge denied his motion to dismiss, finding the drugstore chain has shown a likelihood of confusion between the two brands.
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September 25, 2024
Navajo Nation Inks $31M Deal With Bitco For Veteran Housing
The Navajo Nation said it has signed a $31 million contract with tribally owned Bitco Corp. to build 95 homes for Navajo veterans, using funds provided by President Joe Biden's American Rescue Plan Act.
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September 25, 2024
Developer Says Minn. City Made Rule To Block Mosque
A developer and its Muslim founders claimed in federal court that Islamophobia motivated Lino Lakes, Minnesota, and several of its lawmakers to approve a moratorium that blocked the construction of a mixed-use development project that featured a mosque.
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September 25, 2024
Rapper Says Mike Jones, Houston Texans Stole Song
The owner of the unofficial Houston anthem "Still Tippin'" told a Harris County court this week that rapper Mike Jones and others have ripped off his 2002 song for use by the Houston Texans football team without his permission.
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September 25, 2024
Owner Tanked NC Captive Insurer, Directors Say
Minority shareholders of a now-defunct North Carolina captive insurer providing liability coverage to nursing homes accused the captive's majority shareholder of refusing to pay over $5 million in premiums and stealing funds to pay off his personal legal debts, seeking damages in North Carolina's business court.
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September 25, 2024
Doctor Says Accusers In $2M Fraud Case Hiding In Pakistan
Counsel for a doctor accused of a $2.5 million fraud says that opposing counsel wants to hide his accuser in Pakistan until trial, telling a Dallas County judge during a Wednesday sanctions hearing that he's entitled to an in-person deposition from the man making the allegations.
Expert Analysis
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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How Uyghur Forced Labor Law Affects Importing Companies
Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.
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Revisiting Morals Clauses In The Age Of Deepfakes
Deepfakes and other forms of misrepresentation powered by artificial intelligence have complicated the traditional process of reputation management for companies entering into talent agreements with celebrities, bringing new considerations for the morals clauses that usually shield against these risks, say attorneys at Pryor Cashman.
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4 Tips For Drafting Earnouts To Avoid Disputes
Amid slowed merger and acquisition activity, buyers and sellers are increasingly turning to earnout provisions to get deals done, but these must be carefully drafted to avoid interpretative differences that can lead to later disputes, say attorneys at Cooley.
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Atmospheric Rivers: Force Majeure Or Just A Rainy Day?
As atmospheric rivers pummel California with intense rainfall, flooding and landslides, agencies and contractors in the state struggling to manage projects may invoke force majeure — but as with all construction risk issues, the terms of the agreement govern, and relief may not always be available, say Kyle Hamilton and Corey Boock at Nossaman.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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What 11th Circ. Fearless Fund Ruling Means For DEI In Courts
The Eleventh Circuit's recent backing of a freeze on the Fearless Fund's grants to women of color building new companies marks the latest major development in litigation related to diversity, equity and inclusion and may be used to question other DEI programs targeted at providing opportunities to certain classes of individuals, say attorneys at Simpson Thacher.
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Opinion
Paid Noncompetes Offer A Better Solution Than FTC's Ban
A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Cyber Takeaways For Cos. From Verizon Data Breach Report
Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.
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Foreign Discovery Insights 2 Years After ZF Automotive
Although an Arizona federal court decision last month demonstrates that Section 1782 discovery may still be available to foreign arbitral parties, the scope of such discovery has narrowed greatly since the U.S. Supreme Court's 2022 decision in ZF Automotive, and there are a few potential trends for practitioners to follow, say attorneys at Venable.
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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.