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Commercial Contracts
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April 02, 2024
McCarter & English's Client Contract Win Heads To Mediation
The law firm McCarter & English LLP will hold settlement talks in June with an ex-client who has already lost a jury trial over $2 million in unpaid legal bills and potentially faces $3.6 million in punitive damages after an anticipated decision by Connecticut's highest court, a federal magistrate judge ruled Tuesday.
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April 02, 2024
Adams And Reese Can't Use Free Speech Law To Avoid Suit
In finding that a Texas free speech law does not shield Adams and Reese LLP from a malpractice suit brought by an electrical subcontractor, a state appellate court said Tuesday that it was the law firm's alleged "failures to communicate" that is at issue.
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April 02, 2024
Law Firm Can't Make Atty Arbitrate Pay Spat, NC Panel Rules
A local law firm can't force a former shareholder to arbitrate his suit alleging he was stiffed on pay, the North Carolina Court of Appeals ruled Tuesday, saying it would be a stretch to find his claims stem from two side agreements containing arbitration clauses.
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April 02, 2024
Philly Uber Class Action Atty Heads To Lichten & Liss-Riordan
One of the attorneys representing a proposed class of Philadelphia Uber drivers in their wage suit against the company left the Steel City's Pietragallo Gordon Alfano Bosick & Raspanti LLP for the new New Jersey office of Lichten & Liss-Riordan PC, his co-counsel in the ride-hailing case.
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April 01, 2024
RICO Claims Fail In Suit Against Developer, Judge Says
A Texas federal judge on Monday dismissed a lawsuit brought by real estate entities associated with a Dallas developer who accused the founders of Megatel Homes LLC of racketeering, saying that the lawsuit didn't plausibly state that the defendants had engaged in any unlawful racketeering activity.
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April 01, 2024
Insurance Mogul's Cos. Want $161M Arbitration Case Tossed
Two companies associated with Greg Lindberg are looking to nix litigation filed by defunct Dutch life insurer Conservatrix to enforce an arbitral award that could force the embattled insurance mogul to fork over about $161 million, arguing that the award orders only provisional relief and is not enforceable.
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April 01, 2024
Dish Tells Jury It's Getting Squeezed For Millions In Extra Rent
Dish Wireless told a Denver jury Monday that one of the nation's largest telecommunications infrastructure companies is trying to change a 30-year deal and get "hundreds of millions" of dollars in extra rent for storing equipment at cell tower sites because it knew Dish had no other option.
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April 01, 2024
Mixed Ruling Readies Vegas Newspapers For Trial
A Nevada federal judge has teed up the Las Vegas Review-Journal and the Las Vegas Sun for a contentious trial with a decision nixing Review-Journal antitrust counterclaims, preserving core Sun antitrust claims and holding the Review-Journal to an agreement to distribute the papers as a single product.
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April 01, 2024
Alien IP Suit Against New Age Video Co. Gaia Falls To Earth
A Colorado federal judge has dismissed nearly all of a lawsuit from a UFO community influencer against yoga and New Age content website Gaia Inc., finding most of his claims were too vague.
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April 01, 2024
Chinese Investment Fund Looks To Enforce $4.4M Award
A Chinese investment fund has asked a California federal court to enforce a $4.4 million arbitral award against a businessman, saying he reneged on his promise to acquire a stake in an energy management company and now won't appear before an arbitration tribunal.
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April 01, 2024
Nasdaq Sank Minority-Led SPAC's Tech Co. Merger, Suit Says
The Nasdaq Stock Market along with in-house lawyers and other executives face claims they "arbitrarily and capriciously" abused their discretion to unfairly undermine a merger plan for a minority-led special purpose acquisition company seeking to bring a minority-led technology company onto the stock market.
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April 01, 2024
Investors Group Says New EB-5 Guidance Violates APA
A trade association of EB-5 visa regional centers brought U.S. Citizenship and Immigration Services into D.C. federal court, accusing the agency of abruptly changing the minimum investment period for foreigner investors seeking green cards without soliciting public comments.
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April 01, 2024
Catching Up With Delaware's Chancery Court
Last week, Delaware's Court of Chancery saw a $42.5 million settlement, dismissal of two big suits with two more remanded back, and new cases from shareholders of Walt Disney, Donald Trump's Truth Social, Rivian Automotive and BarkBox.
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April 01, 2024
Sports Illustrated Hits 'Gangster' Ex-Publisher With IP Suit
The owner of Sports Illustrated alleges in a $49 million lawsuit filed Monday in Manhattan federal court that an energy drink mogul acted like a "gangster" when he became the magazine's publisher, tearing apart a long-standing licensing agreement while sabotaging the brand and holding hostage valuable intellectual property.
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April 01, 2024
Conn. Condo Owners OK To Litigate Foundation Repair Claims
The estates of two deceased homeowners can pursue contract claims against a condominium board in consolidated litigation targeting issues with the units' foundations, the Connecticut Supreme Court ruled Monday, finding the contract-based allegations in the complaints were timely filed.
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April 01, 2024
Trump's Truth Social Florida Suit Leaves Del. Judge 'Agog'
A Florida lawsuit pitting Donald Trump's social media company against the two former "Apprentice" contestants who helped the former president create the Truth Social platform has flummoxed a Delaware Chancery judge, who said Monday the litigation left him "dumbfounded."
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April 01, 2024
BNSF Says Tribe Can't Claim $1.3B For Oil Train Trespassings
BNSF Railway Co. has asserted a Washington tribe is not entitled to $1.3 billion for the shipping of crude oil across its reservation for nearly a decade, arguing the tribe wants to strip railroad profits from a 1,500-mile route when the illegal trespassing occurred across an easement less than a mile long.
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April 01, 2024
Philip Morris Loses Chancery Bid To Join Reynolds-ITG Suit
Philip Morris' "inexcusable," years-long inaction doomed its request to intervene for a cut of millions of dollars in profit adjustments, headed toward a Chancery Court trial later this year, in a dispute between two other tobacco giants over how much each party owes under a settlement with Florida, a Delaware vice chancellor ruled Monday.
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April 01, 2024
Kirkland Atty Escapes Malpractice Suit Over Loan Docs
A Kirkland & Ellis LLP attorney has secured an early win in a legal malpractice case alleging he botched an estate planning matter and lost his client millions in a later divorce, with a New Jersey federal court finding the client couldn't prove "proximate causation" of alleged damages in light of her subsequent divorce settlement.
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April 01, 2024
Clifford Chance Adds 2 Insurance, Antitrust Experts In NY
Clifford Chance LLP has picked up two attorneys for its expanding insurance and antitrust groups, adding a specialist in private equity with more than 15 years of experience and a property and casualty loss expert.
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April 01, 2024
Aramark Accuses Aetna Of 'Gamesmanship' In Benefits Fight
Aramark said Aetna sued it over an arbitration pact in Connecticut as a tactical response to Aramark's Texas suit claiming the insurer cost it millions by approving shoddy health benefit claims, and urged a federal judge to ship Aetna's suit to Texas as well.
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April 01, 2024
Canadian Trucking Co. Seeks US Bankruptcy Recognition
Canadian truck dealers the Pride Group on Monday asked a Delaware judge for U.S. recognition of the Canadian insolvency proceedings it began in the face of a more than $90 million claim from Mitsubishi over an alleged loan default.
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March 29, 2024
Hogan Lovells Vet's High Court Debut A Study In Contrasts
Several weeks ago, when a Hogan Lovells lawyer finally delivered U.S. Supreme Court arguments after 20 years at the firm, she parsed arcane arbitration issues and her words weren't widely heard outside the courtroom. But weeks later and back at the high court podium, her words were heard nationwide when she pointedly spotlighted a judge's use of "anonymous blog posts" in a bombshell abortion ruling.
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March 29, 2024
UTA's Atty Hit With $125M Suit Over 'Pathological Liar' Remark
United Talent Agency's attorney has been accused of defaming MediaLink founder Michael Kassan by calling him a "pathological liar" in the press, according to a suit filed in Los Angeles County, the latest development in a fierce dispute that has seen UTA and Kassan accuse each other of fraud.
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March 29, 2024
BofA Unfairly Charges Fees For Others' Bad Checks, Suit Says
Bank of America is the latest financial institution to face a class action alleging it wrongfully charged customers a fee when they deposited checks that then bounced.
Expert Analysis
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How Reps And Warranties Insurance Can Aid Sellers In M&A
Amid the current slowdown in the M&A climate, representation and warranty insurance offers sellers a number of advantages, including protection against fraud and possible leverage to insist on a no-seller-indemnity deal, say Alex Leibowitz and Eric Jesse at Lowenstein Sandler.
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Key Elements Of The Proposed Credit Card Competition Act
Attorneys at Troutman Pepper examine the most noteworthy provisions in the recently proposed Credit Card Competition Act, including changes to payment card network access, Federal Reserve Board review, who would qualify as a covered institution, and routing restrictions.
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The NIL Legislation Race: CAEFA And Ted Cruz's Draft Bill
Christina Stylianou and Gregg Clifton at Lewis Brisbois compare legislation pertaining to the name, image and likeness rights of college student-athletes, including the College Athlete Economic Freedom Act and Sen. Ted Cruz's draft bill that would restrict an athlete's eligibility to compete if an NIL agreement violates their university's student code of conduct.
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Developers Are Testing Defenses In Generative AI Litigation
In the rapidly growing field of generative artificial intelligence law in the U.S., there are a few possible defenses that have already been effectively asserted by defendants in litigation, including lack of standing, reliance on the fair use doctrine, and the legality of so-called data scraping, say attorneys at K&L Gates.
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Brand Owners Beware: AI-Generated Ad Content Poses Risks
Since the Association of National Advertisers recently updated its master media buying services template agreement, brand owners should consider how their contracted agencies are using artificial intelligence to create and implement campaigns and media purchases, say Kyle-Beth Hilfer and John Miranda at Cowan Liebowitz.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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A Higher Bar For Surviving Summary Judgment In SC Courts
The South Carolina Supreme Court's recent decision in Kitchen Planners v. Friedman, rejecting a lower court's usage of the mere scintilla standard for allowing cases to proceed, suggests that the mere existence of an alleged factual dispute between parties will no longer be sufficient to thwart a well-supported motion for summary judgment, says Denver Smith at Butler Snow.
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Key Strike Considerations For Automotive Industry Suppliers
As the UAW's labor contracts with Detroit's Big Three automakers expire, and the possibility of a strike looms, automotive industry suppliers face a number of possible legal and operational issues — and should have strategic action plans in place to deal with contracts, liquidity, the post-strike environment and more, say experts at Alvarez & Marsal.
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Ore. Warranty Ruling Complicates Insurance Classification
The Oregon Court of Appeals' recent TruNorth v. Department of Consumer and Business Services holding that a service contract — commonly referred to as an extended warranty — covering commercial property is subject to the state's consumer service contract laws raises regulatory questions for contract obligors, sellers and administrators, say attorneys at Locke Lord.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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A Festival Of Litigation Could Arise From 'Electric Zoo' Fiasco
Over Labor Day weekend, thousands of electronic dance music fans were displeased with the organization of the New York City-based Electric Zoo festival, which quickly elicited comparisons to the 2017 Fyre Festival — and three kinds of litigation could ensue from the debacle, say attorneys at Seiden Law.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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A Closer Look At Another HBCU Race Bias Suit Against NCAA
The National Collegiate Athletic Association's Academic Performance Program has become a lightning rod for scrutiny, as seen in the recently filed class action McKinney v. NCAA — where statistics in the complaint raise questions about the program's potential discriminatory impact on student-athletes at historically Black colleges and universities, say attorneys at Troutman Pepper.
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5 Takeaways From SEC's First Marketing Rule Action
The U.S. Securities and Exchange Commission's recent settlement — the first under the amended marketing rule — with Titan Global on charges that the fintech company misled investors shows investment advisers that they should expect close scrutiny of marketing materials and that their questions will only be answered through SEC enforcement, say attorneys at Mayer Brown.
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Texas Produced Water Ruling Helps Clarify Oil, Gas Leases
A Texas state appeals court's recent opinion in Cactus Water Services v. COG Operating, holding that the mineral lessee under an oil and gas lease owns the water extracted during oil and gas production, is a first step toward clarity on an issue that has divided the midstream industry, say attorneys at Mayer Brown.