A Massachusetts federal judge on Friday refused to increase Chimicles & Tikellis LLP’s cut of a $15.5 million fee award in the Volkswagen AG and Audi AG oil sludge buildup multidistrict litigation, days after other class counsel firms asked the judge to recant his criticism they should be "ashamed" of their “internal rancor.”
The Supreme Court of Texas on Friday denied an appeal to rehear a former Exxon Mobil Corp. top executive's case against the company for stripping him of $5 million in nonvested stock rights when he joined a rival energy firm, re-confirming the court's decision granting employers more leeway in bonus plans.
The Eighth Circuit ruled Friday that Safeblood Technologies Inc. must face fraud claims brought by two patent licensees, saying they were not required to investigate the status of the licensed patent, even though the information was publicly available, unless it was obvious they were being duped.
Stan Lee Media Inc. urged the U.S. Supreme Court in a filing made public Friday to revive its suit seeking profits and ownership rights to Spider-Man and other characters created by its ex-President Stan Lee, arguing that the Ninth Circuit’s dismissal deviated from Twombly.
In an oil and gas investment dispute, the Texas Supreme Court on Friday held that the clock to sue business partners to recover partnership debt doesn’t start when the underlying cause of action accrues, but after a final judgment against the partnership is entered.
The Federal Circuit shot down on Thursday dueling petitions by Promega Corp. and Life Technologies Corp., which each sought to have the appellate court review its ruling that reversed an order vacating Promega’s $52 million win in a patent and licensing dispute over gene-testing technology.
The Texas Supreme Court on Friday declined to weigh in on a state appellate court’s decision to allow Dallas first responders to move forward with their claims for $1 billion in back pay, returning their cases to a state trial court.
Assistant store managers at Jimmy John’s LLC and several of its franchises asked an Illinois federal judge on Thursday for class certification in their suit alleging the sandwich chain violated federal and state wage laws and forced workers to sign unduly restrictive noncompete agreements.
Win Win Aviation Inc. on Thursday sued the U.S. Department of Defense and South Carolina's Richland County Sheriff’s Department over an alleged threatened seizure of two aircraft that the sheriff had exchanged for a Win Win plane under a 2013 contract.
The Second Circuit on Friday revived claims accusing Select Comfort Wholesale Corp. of bad-mouthing its former business partner Sleepy's LLC and undermining a contract by providing the mattress retailer with an allegedly inferior line of Sleep Number beds to sell.
A New York judge has issued sanctions against four law firms and debt collectors for treating a case in which a judgment was issued seven years ago as active litigation, according to a colorful decision loaded with lyrics from Rolling Stones songs.
A Florida appeals court on Wednesday vacated an injunction barring construction of a sidewalk on a Miami-area island, finding the developer of a planned luxury residence on the adjacent island should have been allowed to intervene as an indispensable party because the injunction effectively blocked that project.
Hotel development-management firm Shaner Hotel Holdings Ltd. Partnership has sued a Miami-area property owner, claiming it was cheated out of a 20 percent stake in a project near Miami's Dolphin Mall.
Financial adviser HPM Partners LLC on Thursday asked a New York judge to quash a Deutsche Bank AG unit’s lawsuit over HPM's purported “wholesale raid” of the lender’s chief investment office and wealth management division, saying there was nothing improper about its overtures to Deutsche Bank’s workers.
A New York appeals court on Thursday revived two claims against J.C. Penney Co. Inc. and affirmed that the retailer unlawfully interfered with an exclusive contract between Macy’s Inc. and Martha Stewart Living Omnimedia Inc., a decision that could increase J.C. Penney's liability in the case.
An investment fund controlled by a Dutch investor must pursue its breach of contract claims against Carlyle Investment Management LLC in Delaware state court even though the fund never signed the contract requiring the dispute to take place there, the Third Circuit ruled Wednesday.
An Illinois federal judge on Thursday killed a German automotive supplier’s suit seeking a declaration it doesn’t infringe patents for high-definition radio, ejecting all of the suit’s federal claims and declining to exercise jurisdiction over the suit’s six remaining claims, which concern contracts currently being litigated in state court.
Communications between a lawyer for Steven Tyler and an “American Idol” representative over the Aerosmith rocker’s contract negotiations are not protected speech, a California appeals court ruled on Wednesday, reviving a management company’s $2 million suit alleging the attorney sabotaged its bid to get Tyler a more lucrative deal.
The New York federal judge overseeing Argentina's bond payback fight with hedge fund NML Capital Ltd. ordered Deutsche Bank AG and JPMorgan Chase & Co. Wednesday to give NML private information on payments regarding a new set of bonds Argentina announced for a select group of creditors.
A New York state judge has tossed CVR Energy Inc.’s malpractice claim against Wachtell Lipton Rosen & Katz stemming from $37 million in fees incurred by the company as part of Carl Icahn’s takeover, according to an order filed Wednesday, finding CVR can’t argue the firm was responsible for the financial hit.
In commercial and real estate disputes, California courts have consistently refused to permit a creditor to recover the full amount of a debt following the debtor's breach of the settlement agreement. A decision in Jade Fashion & Co. Inc. v. Harkham Industries Inc. might suggest that forbearance agreements could be the solution, but creditors would be wise to view the ruling as muddying the waters rather than providing clarity, say... (continued)
Both novice and seasoned licensors make the same critical mistake — not adequately instructing the licensee on how to calculate the royalty and preserve supporting records, says Sidney Blum of Stout Risius Ross Inc.
California courts have previously enforced attorneys' fees provisions in a real estate purchase contract even though the underlying contract was illegal. However, in Mountain Air Enterprises v. Sundowner Towers, a state appeals court distinguished prior decisions and clarified when a party can recover attorneys' fees under a real estate purchase contract that is ruled to be illegal, say Sylvia Arostegui and Brendan Macaulay of Nossaman LLP.
Forensic analytics reduces time and costs to process information and provides tangible findings for counsel to support various theories. These techniques offer significant opportunities to narrow the gaps in international arbitration matters in which evidence is often unavailable or not easy to obtain, say members of StoneTurn Group LLP.
As a result of a $1.5 billion filing error, JPMorgan and its syndicate of lenders now face losing their collateral to the unsecured creditors in the General Motors bankruptcy proceedings. Needless to say, the two prominent firms that served as outside counsel to JPMorgan and General Motors are also feeling the pain as they grapple with malpractice exposure, say Barkley Clark of Stinson Leonard Street LLP and Barbara Clark of the Co... (continued)
Not every data breach is a massive headline-grabbing theft of consumer credit card information. As significant as these events may seem, the more dangerous and prevalent threats are the least visible — occurring through "data leakage." Put simply, this is raw meat awaiting a strike by the plaintiff’s bar, says legal industry adviser Jennifer Topper.
Lawyers for hotel management companies and for hotel owners, as well as judges hearing these issues, will likely continue to disagree about whether the increasingly common strategy to prematurely end management contracts is legally justified in particular cases. What may get lost in the chatter are the high costs of that course of action, say Julie Carpenter and Lindsay Harrison of Jenner & Block LLP.
Two takeaways from New York Attorney General Eric Schneiderman's recent investigation into retail dietary supplements are that there is a danger unproven science can be used to attack a company's stores and public image and that retailers should keep track of their suppliers, which includes making sure testing records called for in any sales contract are current, say attorneys at Schnader Harrison Segal & Lewis LLP.
While the legal options available to those with long-term energy projects governed in a common law jurisdiction will likely lie within the four corners of a contract with very limited exceptions, the doctrine of hardship may provide relief for participants plagued by plunging oil prices in civil law jurisdictions, say attorneys at White & Case LLP.
While recent amendments bring most of New York’s Uniform Commercial Code up to date, the state chose not to modernize its entire UCC, as a result of which certain of its provisions do not reflect modern practices, and its version of Article 9 is still out of sync with that of other states, says G. Ray Warner, of counsel at Greenberg Traurig LLP and associate dean for bankruptcy studies at St. John’s University School of Law.