An electrical contractor that was working on the One57 apartment tower in Midtown Manhattan during its highly publicized tower crane collapse leveled a $27 million suit against the building’s owner on Friday, accusing the Extell Development Co. unit of delaying its work and forcing it to incur extra costs.
A California appeals court affirmed a lower court’s judgment that a seller’s broker wasn’t liable for an allegedly false statement, about an earthquake study, that was made in connection with a real estate transaction gone awry, ruling Friday that the seller’s broker doesn’t owe a fiduciary duty to nonclients.
A New York state judge has granted a former Gersten Savage LLP partner's motion for default judgment against the defunct law firm in a $5 million suit accusing the firm's founder of misusing firm funds and denying partners their promised compensation, according to court documents filed Friday.
A Texas appeals court was asked Thursday to reconsider its decision that a foreign real estate investor lacking state business registrations cannot pursue litigation against Davis Cedillo & Mendoza Inc. for allegedly facilitating a secret $1.4 million loan the investor’s ex-partner secured against joint venture assets.
By ruling that BP PLC must continue dispensing payments from its $9.2 billion Deepwater Horizon deal to businesses that may not have been harmed by the spill, the Fifth Circuit sent a warning to companies negotiating large-scale settlement agreements: If you sign it, you're stuck with it.
A pair of economists told the Second Circuit on Tuesday that the district court overseeing the U.S. Department of Justice's e-books price-fixing case against Apple Inc. ignored key economic evidence in a decision that threatened to thwart the use of common, pro-competitive contract clauses.
A male in-house counsel once told me I had not been "nice" to him when I approached him about a business opportunity and would therefore not get the business. To add insult to injury, one of my male partners told me I should be flattered by the interest paid to me by the in-house counsel, says Paulette Brown, chief diversity officer at Edwards Wildman Palmer LLP.
Several people have told me that they had a lot of trepidation when they found out they would be working for a woman. To be effective, you need to be able to eliminate or address the conscious or unconscious bias colleagues may have about having a female boss, says Nancy Mitchell, chairwoman of Greenberg Traurig LLP's New York business reorganization and financial restructuring practice.
A New York federal judge on Friday refused to dismiss an indictment against Paul Ceglia, who is charged with falsely alleging that Facebook founder Mark Zuckerberg contractually owes him a 50 percent stake in the social media giant.
Garmin Ltd. was hit with a proposed class action in Utah federal court Thursday alleging that a model of its sports watches is defective and comes apart during use, forcing customers to pay to replace the wristband.
The Ninth Circuit on Thursday affirmed a lower court judge's ruling that a minority owner of Silver Slipper Casino Venture LLC is contractually bound to sell its stake in the company following a dispute over the sale of a Mississippi casino, ruling that the judge did not err in refusing to grant the minority owner leave to conduct discovery.
The Fourth Circuit on Thursday sided with Verizon Maryland Inc. in a long-running interconnection dispute with Core Communications Inc., affirming a lower court’s ruling in favor of Verizon with respect to two tort claims pursued by Core under Maryland law.
The New York Giants want a sports memorabilia dealer's lawsuit accusing the team of covering up the distribution of fraudulent memorabilia moved from New Jersey state court to federal court, based on allegations that the organization ripped off the dealer's patent ideas.
Home loan company Network Capital Funding Corp.'s efforts to force a former worker to arbitrate would-be class claims on an individual basis rendered an arbitration agreement unlawful even though the pact had no explicit class waiver, a National Labor Relations Board judge said Wednesday.
The Eleventh Circuit on Wednesday said that a 2002 Florida state appellate decision compelled it to reinstate most of a lawsuit brought by Winn-Dixie Stores Inc. that claimed rival retailers operating dollar stores violated grocery exclusivity clauses in their leases for nearly 100 locations.
"American Idol" second runner-up Syesha Mercado was hit with a breach of contract suit in California court on Wednesday by Industry Entertainment Partners LLC, which represented Mercado as her manager and alleges she refused to pay due commissions related to the broadway musical "The Book of Mormon."
The Second Circuit on Thursday rejected a former Citibank NA employee’s attempt to revive his suit seeking to recover compensation he claimed he was contractually owed for designing a private equity investment program targeting Brazilian companies that proved lucrative for Citibank and affiliated investors.
A Pennsylvania federal judge on Wednesday ordered a J-W Energy Co. unit to pay for damages it allegedly caused in 2010 when it drilled through the site of a proposed Allegheny Enterprises Inc. coal mine in an attempt to access a deep deposit of natural gas it had purchased the rights to.
A New York federal judge on Thursday refused to toss a $76 million jury verdict against Ricoh Co. Ltd. over unpaid royalties for some digital camera kits sold by Ricoh subsidiary Pentax Corp., ruling that evidence supported the jury’s verdict in favor of Eastman Kodak Co.
Young attorneys often make a key mistake — they fail to make themselves truly indispensable to a supervisor or to a client. They forsake forging deep bonds with a handful of select folks who will ultimately help to advance their careers, for the sake of doing bits and pieces on a variety of different matters, says Jill Nicholson, chairwoman of Foley & Lardner LLP's bankruptcy and business reorganizations practice.
Cloud users must know how to use the cloud responsibly to prevent later difficulties with document production. When negotiating a cloud service agreement, users should look for certain services that will prove useful when responding to discovery requests, such as comprehensive search options, instant suspension of the auto-delete function, and preservation of metadata and embedded data, say attorneys with Sidley Austin LLP.
In Lawson v. FMR LLC — the first whistleblower case heard under the Sarbanes-Oxley Act — the U.S. Supreme Court recently held the law protects virtually anyone hired by a publicly traded company, or its employees, either directly or indirectly, and forbids reprisal for a huge range of fraud reports. The decision throws into doubt the Fifth Circuit's ruling last year in Asadi v. GE Energy LLC and will likely reshuffle future whistleblower opinions, says R. Scott Oswald of The Employment Group PC.
In stark contrast to the changing environment for the majority of lawyers today, the evolution for the general counsel is driven less by necessity than by opportunity. Today’s GC may touch every aspect of his or her organization to solve challenges and propel the company forward, keeping the GC far ahead of what is expected of the average lawyer, says James Merklinger, vice president and general counsel of the Association of Corporate Counsel.
In a recent Law360 guest column, Judge Wayne D. Brazil of JAMS shares the products of his research into decision analysis and gives several reasons why it is not a reliable tool for assessing the discounted settlement value of civil cases. Without question, however, his research has misinformed him, says Marc Victor, president of Litigation Risk Analysis Inc.
Commercial courtrooms in London are bustling with foreign litigants. England has many of the advantages of the U.S. system — like robust interim orders — without some of the U.S.’s distinct procedural disadvantages. And in addition to simplified discovery, litigating in England allows U.S. litigants to avoid punitive cost rules and the sometimes arbitrary verdicts of juries, say Ben Holland and Arielle Goodley of Covington & Burling LLP.
Three recent cases illustrate the importance of carefully drafting noncompete covenant provisions in franchise agreements, and being mindful that even a well-drafted covenant may not be enforced in certain factual situations — for example, if the franchisor fails to demonstrate any urgency in enforcing its rights, says Kimberly Sikora Panza of Wiley Rein LLP.
The Fifth Circuit’s recent ruling in construction case Woodward v. Acceptance Indemnity Insurance Co. demonstrates that whether an additional insured is entitled to a defense will depend on the additional-insured endorsement. Moreover, the ruling — that an insurer can restrict coverage by excluding liability for injury or property damage occurring after work is completed — holds potential application for both additional insureds and named insureds, say Virginia White-Mahaffey and Mary Woodson Poag of Steptoe & Johnson LLP.
The recently closed comment period for the proposed Federal Rules of Civil Procedure amendments generated passionate antipodal responses over discovery rules that appear to benefit large corporate litigants at the expense of individual plaintiffs and civil rights groups. The nature and intensity of the response should lead the committee to reconsider the overall fairness of the proposed discovery amendments, says Henry Kelston of Milberg LLP.
Because of the proliferation in drive-by lawsuits from professional plaintiffs and U.S. Department of Justice investigations across the country, any hospitality company considering a new ownership or management agreement of a hotel or restaurant should closely evaluate and consider the state of Americans with Disabilities Act compliance within the facility — before signing the management agreement, says Kara Maciel of Epstein Becker & Green PC.
The U.S. Supreme Court's recent decision in Heimeshoff v. Hartford Life & Accident Insurance Company is good news for Employee Retirement Income Security Act plan sponsors and administrators, and underscores the importance of carefully crafting a reasonable time limit in benefit plan documents to provide uniformity for benefit claim processing for all participants and beneficiaries and, in some cases, to reduce the otherwise analogous state law limitations periods, say attorneys at McDermott Will & Emery LLP.