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Commercial Contracts
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October 29, 2024
Ga. Court Says Apt. Must Face Shooting Death Suit
The Georgia Court of Appeals affirmed a trial court ruling holding that an apartment complex company's attempt to waive its liability for third-party crimes in a lease agreement with a tenant who was shot and killed is void and unenforceable under Peach State law.
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October 29, 2024
Argent Strikes Symbria ESOP Suit Settlement Deal
A class of Symbria Inc. workers alleging mismanagement of their employee stock ownership plan told an Illinois federal court they had reached a settlement with ESOP trustee Argent Trust Co. to end their federal benefits lawsuit.
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October 29, 2024
Baseball Bat Cos. Reach Deal To End Fla. Trademark Battle
A baseball bat company owned by ex-MLB player Yoenis Céspedes has settled an intellectual property lawsuit against several businesses over baseball bats, months after a Florida federal judge handed the former New York Mets outfielder's business a preliminary injunction in the case.
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October 29, 2024
NBA Angles To Keep Sensitive Media Rights Info Under Wraps
Litigation over the National Basketball Association's broadcast rights lurched ahead Tuesday as the league published carefully redacted documents detailing its negotiations with media heavyweights while asking a New York state court to keep sensitive details under wraps.
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October 29, 2024
Greenberg Traurig Adds Bradley Arant Banking Ace In Dallas
Greenberg Traurig LLP has brought on a former Bradley Arant Boult Cummings LLP counsel to its Dallas office to meet client demand, bolstering the firm's expertise in guiding banks on financial regulatory compliance and enforcement matters with a former senior attorney for the Federal Deposit Insurance Corp., the firm announced Tuesday.
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October 29, 2024
Burns & Levinson Atty Duo Latest To Join Blank Rome
Blank Rome has announced it added a pair of attorneys from Burns & Levinson to its office in Boston, a move that the firm said bolsters its litigation and corporate capabilities and serves as the latest example of lawyers moving between the two firms since Blank Rome opened the office in April with 25 Burns & Levinson corporate and finance attorneys.
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October 29, 2024
Roberto Clemente's Family Drops Bias Suit Against Allstate
A long-running discrimination lawsuit against Allstate, filed by the insurance agency run by the son of baseball legend Roberto Clemente, has officially come to a close with a Tuesday dismissal following a settlement reached last month.
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October 29, 2024
Akerman Hires 2 IP Partners From Kilpatrick In NYC
Akerman LLP announced Monday that two former partners at Kilpatrick Townsend & Stockton LLP are the latest additions to its intellectual property practice group in New York City.
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October 29, 2024
Financial Firm Gets $1.4M Placeholder Against Adviser
A Connecticut state court judge has granted a financial firm's bid for a nearly $1.4 million placeholder against an exiting financial adviser during ongoing FINRA arbitration, reasoning the firm has shown a likely chance of proving the adviser siphoned customers during a transition to a new broker-dealer.
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October 29, 2024
Ex-Jones Day Litigator Joins Honigman In Detroit
Honigman LLP has brought on a former Jones Day business and tort litigation associate as a business litigation practice group partner.
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October 28, 2024
Partner Sues Over Firm Breakup After $100M Conn. Verdict
Ryan C. McKeen, the former CEO of a trial firm known for high-dollar verdicts, is wrongfully trying to arbitrate a dispute over the terms of the practice's breakup, his former law partner Andrew P. Garza alleged in a state court showdown between the two 50% owners and their families.
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October 28, 2024
Nokia Strikes Deal Ahead Of Trial In Texas Patent Co.'s Suit
Less than two weeks before a jury trial is set to begin, intervenor Nokia of America and patent owner Wireless Alliance LLC struck a deal resolving part of a lawsuit accusing telecommunication behemoths AT&T, Verizon and T-Mobile of patent infringement, according to a settlement notice filed in Texas federal court Friday.
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October 28, 2024
9th Circ. Nixes Arbitration In Live Nation Ticket Sale Suit
The Ninth Circuit affirmed Monday that Live Nation and Ticketmaster can't force consumer litigation over allegedly exorbitant ticket prices into arbitration, ruling in a published opinion that the underlying arbitration agreement linking to "borderline unintelligible" arbitral rules is unenforceable.
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October 28, 2024
X Says Watchdog's Discovery Can't Target Musk In Libel Suit
X Corp. fired back Monday at a left-leaning watchdog's attempt to secure information concerning how the social media platform polices its content, telling a Texas federal judge that the organization is merely trying to get a "scoop" by obtaining Elon Musk's personal messages.
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October 28, 2024
Investment Firm's Head Indicted For Alleged Ponzi Scheme
Federal prosecutors have unsealed an indictment accusing a Utah man of carrying out a Ponzi scheme to embezzle millions of dollars from private investors who believed they were contributing to restaurant ventures.
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October 28, 2024
Parts Manufacturer Tells Pa. Jury Competitor Poached Stats
A lawyer for hardware manufacturer Penn Engineering & Manufacturing Corp. told a federal jury in Philadelphia on Monday that one of its competitors used performance data from Penn's products to boost its own line of parts, creating confusion among consumers.
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October 28, 2024
NASA Says Sensor Co.'s Contract Breach Case Should Fail
NASA has said the U.S. Court of Federal Claims should throw out a sensor business's breach of contract suit over commercialization and licensing deals related to patented NASA technology, saying certain milestones couldn't be reached under the pact.
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October 28, 2024
Fidelity Investments Sued Over Money Market Fund's Fees
Fidelity Investments has been hit with a class action suit in New York federal court alleging it charged high fees, mismanaged the administration of one of its money market funds, and failed to act in the best interests of the fund's shareholders.
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October 28, 2024
FuboTV Fights To Keep Broadcast Bundling Under Scrutiny
Sports streaming service FuboTV is pushing to keep its antitrust claims against the content distribution used by Disney, Fox and Warner Bros. Discovery in court, telling a New York federal judge such arrangements "freeze out" smaller distributors.
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October 28, 2024
Tribe-Linked Lenders Flouted Interest Laws, Borrower Says
A Florida man and his purported data analytic companies face a proposed class action alleging they improperly touted a relationship with a small Native American tribe as they made consumer loans with triple-digit annual interest rates.
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October 28, 2024
9th Circ. Says Amazon Auto-Renewal Suit Is Too Late
The Ninth Circuit said Monday that a proposed class action accusing Amazon of duping Prime subscribers into paying for memberships in its audiobook seller, Audible, was filed after a three-year statute of limitations under New York law had expired.
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October 28, 2024
NY Firm Sued Over Botched $5M Art Collector Ch. 7 Dispute
A family enmeshed in New York's art world is suing their former attorneys in relation to a dismissed bankruptcy proceeding with an art collector over a breach of contract, alleging the attorneys' incompetence lost them $5 million when they moved the case from state court to a Chapter 7 bankruptcy filing.
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October 28, 2024
Hospital Wants NC County's 'Monopoly' Suit Tossed
Owners of an Asheville, North Carolina, hospital accused of understaffing its emergency room and driving up wait times say the county suing them for unjust enrichment is actually trying to get paid twice for healthcare its emergency responders have already provided.
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October 28, 2024
Mich. Firm Can't Get More Fees From Nassar Suits, Jury Finds
A Michigan federal jury said Monday a personal injury firm already got what it was owed as local counsel for survivors of former USA Gymnastics doctor Larry Nassar's abuse, rejecting the firm's claims against a Colorado firm for another $500,000.
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October 28, 2024
Medical Laser Co. Seeks Multiplier For Rival's 'Deceitful' Raid
A medical laser company has asked a Boston federal judge to double or triple its $25 million verdict against a rival firm — and tack on attorney fees and $6.8 million in interest — for a "calculated and deceitful corporate raid" on its sales workforce.
Expert Analysis
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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.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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CFPB's Expanding Scope Evident In Coding Bootcamp Fine
The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.
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4 Arbitration Takeaways From High Court Coinbase Ruling
The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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The Effects Of New 10-Year Limitation On Key Sanctions Laws
Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.
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Supply Chain Considerations For Companies Deploying AI
Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Key Lessons From Recent Insurance Policy Reform Litigation
A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.
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Compliance Considerations For New Data Protection Law
Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.
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2nd Circ. Ruling Affirms NY Law's Creditor-Friendly Approach
The Second Circuit’s recent ruling in 245 Park Member v. HNA International provides creditors with some reason for optimism that debtors in New York may face rejection in court for aiming to keep creditors at arm’s length by transferring personal assets into an LLC, says Jeff Newton at Omni Bridgeway.
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Diving Deep Into Sweeping NY Financing Bill — And Its Pitfalls
A New York bill seeking to impose state usury limits onto a broader variety of financing arrangements and apply lender licensing requirements to more diverse entities would present near-insurmountable compliance challenges for lenders and retailers, say Kate Fisher and Tom Quinn at Hudson Cook.
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When Oral Settlements Reached In Mediation Are Enforceable
A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.
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What Transactional Attys Must Know About Texas Biz Courts
As Texas prepares to launch its new business courts, transactional attorneys — especially those involved in commercial, securities and internal governance matters — should keep several issues in mind when considering use of the state's business court system to facilitate deals and settle disputes, say attorneys at Katten.