Music streaming company Spotify USA Inc. allegedly charged customers for automatic renewals of their subscriptions for premium access to the online streaming service without first getting their consent, in violation of state law, according to a proposed class action removed to California federal court Friday.
Bankrupt wireless firm LightSquared Inc. on Tuesday won the green light to proceed with most of its suit against Dish Network Corp. and its chairman Charlie Ergen, whom it is accusing of secretly buying $1 billion in LightSquared's debt in a tactical ploy for its valuable spectrum assets.
A New York state judge on Thursday refused to grant summary judgment to associates of real estate mogul Kent Swig on claims that they conspired to fraudulently receive profits from a sale of a condominium conversion project in New York City that he allegedly diverted from his co-developers.
A personal injury boutique told a Texas appeals court Monday that a former associate's claim to millions in attorneys' fees from a settlement with GlaxoSmithKline LLC over its development and marketing of Avandia must be arbitrated even though his compensation agreement lacks such a requirement.
A New Jersey firm on Monday asked a federal judge to grant it summary judgment in its case against a former client who brought a whistleblower suit against Novartis AG alleging tax improprieties, saying the client refused to pay for services after failing to secure an award.
A Michigan federal judge on Tuesday tossed a breach of contract suit accusing General Motors LLC of skirting $450 million in owed retiree medical benefits, ruling that the company wasn't obligated to pay the benefits after it went through bankruptcy restructuring.
By refusing to decide a case over whether federal labor law permits unions to get employers to agree to remain neutral during organizing campaigns, the U.S. Supreme Court on Tuesday left in place uncertainty over such deals that will inevitably land the question back on the high court's docket, attorneys say.
A Texas appeals court on Friday said a lawsuit Andrews County filed against the Sierra Club for allegedly interfering with its plans to accept disposal of low-level radioactive waste should have been thrown out under a state free speech law.
Purported Snapchat Inc. co-founder Reggie Brown shot back Monday at claims that he improperly leaked confidential material about his suit to the media, confirming the releases but saying the information wasn’t actually secret.
A pair of homeowners told the Pennsylvania Supreme Court on Monday that a recent decision allowing contractors to collect on mechanics’ lien claims without a valid written agreement with their customers would render key provisions of the state’s Home Improvement Consumer Protection Act meaningless.
Sony/ATV Music Publishing LLC urged a New York federal judge on Monday to dismiss a $100 million antitrust suit against it and Apple Corps Ltd. for halting the release of a Beatles documentary, saying the suit is redundant and the film's debut was thwarted by an injunction, not a conspiracy.
After several years of court battles, Hard Rock International has won an arbitration award in Mexico under the International Chamber of Commerce that has allowed it to terminate a tumultuous relationship with franchisee Operadora DB Mexico S.A. de CV, the company announced late Monday.
Rapper Jay-Z and his record label Roc-A-Fella Records LLC on Monday blasted an artist’s contract and copyright lawsuit over the design for the label’s logo, saying the infringement claims were filed in bad faith.
The Florida Chamber of Commerce on Friday backed online travel companies led by Expedia Inc. fighting Florida counties over how to apply the state's bed tax, arguing that taxing the booking companies' service fees could negatively affect the state's business climate.
The U.S. Supreme Court on Tuesday ruled that it should not have agreed to hear a union's appeal of an Eleventh Circuit ruling that an employer's agreement to remain neutral on union organizing could violate anti-bribery law, dismissing the case as improvidently granted.
A Florida federal judge on Monday tossed Boca Radiation Oncology Associates’ suit accusing Comprehensive Cancer Centers LLC of breaching a management services agreement, saying BROA was not a third-party beneficiary of the deal.
Caesars Entertainment Corp. plans to ask the New Jersey Supreme Court to overturn a $5.2 million judgment leveled against it in a class action over an allegedly misleading casino promotion, according to a regulatory filing last week.
A New York federal judge on Friday pared most claims from Enzo Biochem Inc.’s suit alleging Affymetrix Inc. had breached a contract allowing it to distribute Enzo’s products for detecting nucleic acids, ruling Enzo had not provided enough information to back the claims up.
Former NFL quarterback Vince Young settled a $5.5 million breach of contract lawsuit that accused his former agent and a financial adviser of misappropriation, heading off a trial that was set to start this week, his attorney said Monday.
A New York federal judge on Friday tossed Enzo Biochem Inc.'s breach of contract, unfair competition and patent claims against two biotechnology companies over their use of its patented technology for labeling nucleotides, the basic building blocks of DNA, after finding Enzo could not back up its accusations.
Although treatment of the attorney-client privilege has not traditionally been a focus of merger negotiations, such consideration should now be given in light of the Delaware Court of Chancery ruling in Great Hill Equity Partners IV v. SIG Growth Equity Fund I, say attorneys with Paul Hastings LLP.
The time to be concerned about dealing with an international arbitration begins well before a claim is filed — during the contract-drafting stage. At that point, critical decisions that may have serious consequences on the outcome of the arbitration are made, says Oleg Rivkin of Carlton Fields PA.
In light of the proposed e-discovery amendments to the Federal Rules of Civil Procedure, businesses need to set themselves up to efficiently respond to discovery and requests for information from their counsel by implementing and following document-control policies as part of normal business practices. The failure to do so will eventually consume vast amounts of employee time, say Steven Cvitanovic and Colin Murphy of Haight Brown & Bonesteel LLP.
Condominium developers are turning to the buyer-financed model to fund the pre-construction and construction phases of their projects. But a recent Florida Supreme Court ruling complicates things for realtors and lawyers who do not identify and inform their buyers of the risks of this development model, says Andrew Hall of Hall Lamb and Hall PA.
Every appellate court to consider the issue has now rejected the National Labor Relations Board’s anti-arbitration position in D.R. Horton as out of step with the Federal Arbitration Act and the U.S. Supreme Court’s decision interpreting the statute in AT&T Mobility LLC v. Concepcion. And that growing consensus is a positive development for employers and employees alike, say Archis Parasharami and Scott Noveck of Mayer Brown LLP.
Before a landowner grants an oil & gas lease to a lessee, he should carefully consider some key provisions to protect himself and to maximize economic benefit. For example, always make sure the provisions do not permit the primary term of the lease to extend beyond the stated period absent production, drilling or other operations, say attorneys at Greenberg Traurig LLP.
Northwest v. Ginsberg gives the U.S. Supreme Court the opportunity to affirm that frequent flier programs are "services" covered by the Airline Deregulation Act. However, the high court’s recent oral argument suggests that its decision may not end up addressing this important issue, says Roy Goldberg of Sheppard Mullin Richter & Hampton LLP.
Pennsylvania’s House Bill 1620 may be the result of public perception that franchisees are powerless and need protecting. But for franchisors that have long fought to remove the concept of fiduciary duty from commercial contractual relationships, this legislation would appear to undo much of the common law that has developed over the last 20 years, says Theodore Pearce of Nexsen Pruet LLC.
A recent Federal Energy Regulatory Commission order will permit Rockies Express Pipeline to enter into transactions to transport shale gas east to west within its easternmost zone without triggering a rate reduction for its foundation and anchor shippers. Rockies Express’ ability to enter into such transactions will provide a new source of gas supply for Midwestern markets and an attractive outlet for Marcellus and Utica production, say attorneys with Van Ness Feldman LLP.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.