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Commercial Contracts
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August 08, 2024
No Private Right To Sue After 'Total Loss,' Colo. Panel Says
Colorado policyholders cannot sue their auto insurers to enforce a statute requiring them to cover vehicles' title and registration fees when vehicles are declared a total loss, a Colorado appeals court ruled Thursday, finding the statute contains no implied private right of action.
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August 08, 2024
9th Circ. Won't Rethink OK'ing Ad Class Cert. Against Meta
The Ninth Circuit refused Thursday to rethink a split panel decision affirming certification of a damages class of potentially millions of advertisers who were allegedly deceived about Facebook's "potential reach" tool, rejecting Meta Platforms Inc.'s warnings of unchecked fraud class actions.
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August 08, 2024
Amazon Must Face Pandemic Price-Gouging Claims In Wash.
Washington's high court said on Thursday that Amazon can be sued under the state's Consumer Protection Act over alleged price-gouging early in the COVID-19 pandemic, but stopped short of agreeing with customers that the law bars specific markup percentages.
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August 08, 2024
Ark. Racing Commission Wants Out Of Licensing Dispute
The Arkansas Racing Commission wants out of a dispute between a Mississippi casino operator and two Cherokee Nation entities over a gambling license, saying it has nothing to do with an economic development agreement at the center of the litigation.
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August 08, 2024
Home Security Co. Can't Recreate $12.1M Contract, Court Told
The home security arm of building firm Toll Brothers on Thursday asked a Connecticut Superior Court judge to nix three counterclaims from a contract lawsuit accusing another home security company of botching a $12.1 million home monitoring account purchase, saying the company was impermissibly reading language into the contract at issue and pressing duplicate allegations.
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August 08, 2024
Texas LNG Investor's Estate Sues In Del. Over Stake Valuation
The estate of a deceased investor who had a minority stake in a long-delayed liquified natural gas export project in Texas has sued his investment company and co-investors in Delaware's Chancery Court, alleging they are attempting to short-change the estate by undervaluing his stake in the project.
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August 08, 2024
Apple Must Produce Docs In Epic Antitrust Fight By Sept. 30
A California federal judge overseeing discovery in Epic Games' antitrust compliance fight with Apple gave the iPhone-maker a Sept. 30 deadline to hand over documentation on its response to foreign antitrust regulations and other internal documents, rejecting Apple's suggested December deadline and calling the 92,000-document review large but "not huge."
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August 08, 2024
VC, PE Firm Says Chinese Co. Cost $150M SpaceX Investment
A California-based venture capital and private equity firm has sued a Chinese company in California federal court, claiming Elon Musk's SpaceX rejected its planned $150 million investment after the Chinese company breached its promise to abide by strict confidentiality requirements and instead publicized its involvement in the planned investment.
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August 08, 2024
Crypto Co. Owes NBA's Pelicans $400K Over Sponsorship Deal
Cryptocurrency mining company PrimeBlock owes the NBA's New Orleans Pelicans $400,000 with interest after failing to hold up its end of a sponsorship agreement, a New Orleans federal judge has ruled.
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August 08, 2024
Ghana Must Pay $111M In Power Plant Fight, Court Rules
A D.C. federal judge has issued a default judgment against Ghana for more than $111 million left unpaid on an arbitral award issued by a London tribunal over the country's breach of a power plant operating deal with a subsidiary of commodities giant Trafigura.
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August 08, 2024
Insurer Utica Off Hook In High-End Leather Goods Dispute
Utica National Insurance Group is not obligated to defend or indemnify a maker of high-end leather goods against claims it fraudulently induced a former partner into a deal in order to steal his designs and then attempt to drive him out of business, a Massachusetts intermediate appellate court has concluded.
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August 08, 2024
Cooley Hit With Fla. Malpractice Suit Over Financial Docs
Genetic Networks LLC has sued California-based Cooley LLP in Florida state court, alleging the law firm failed to file documentation needed to secure a lien when preparing loan papers for $1.2 million lent to ECI Pharmaceuticals.
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August 08, 2024
Calif. Atty Says Lending Groups Illegally Threatened Fee Suit
A California attorney is accusing his former clients of illegally threatening a lawsuit over a $91,000 invoice, according to a suit filed in a Texas federal court.
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August 08, 2024
Conn. Judge Says Telecom Can Get $3.5M, Not $61M Interest
CCT Communications can't get the $61 million in interest it sought from a company it's been in dispute with for 14 years after a state judge ruled that Connecticut does not allow interest for breach of contract claims if the interest amounts to a penalty.
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August 08, 2024
50 Cent Beats Liquor Consultant's 'Ridiculous' Wiretap Claim
A frustrated New York state judge on Thursday tossed a former Beam Suntory Inc. sales contractor's reworked wiretapping allegations against rapper Curtis "50 Cent" Jackson in a $3 million embezzlement dispute, calling the claims "ridiculous" and an "obvious" delay tactic.
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August 08, 2024
FTC Tells 9th Circ. Booksellers Don't Belong In Amazon Case
The Federal Trade Commission and Amazon both urged the Ninth Circuit not to allow a trade association for independent bookstores to intervene in the government's antitrust case against the e-commerce giant, saying the group's claims are too different.
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August 07, 2024
5th Circ. Pushes DOL On Salary Thresholds For OT Eligibility
A Fifth Circuit panel told the government during oral arguments Wednesday that the Labor Department needed to provide more substantial reasoning as to how it determines workers' overtime eligibility, saying that just because it has set salary thresholds for nearly a century doesn't mean it gets carte blanche.
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August 07, 2024
Hemp Cos. Owner Says Cousin Ripped Off Formula, Trademarks
The owner of Florida-based CBD and hemp companies White Lab LLC and GS Distribution LLC is suing a company owned by his cousin, saying the cousin has failed to pay up on a distribution agreement and is now trying to steal the trademarks to one of White Lab's product lines.
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August 07, 2024
NC Court Tosses Resort's Appeal Over Tree-Cutting Loss
The North Carolina Court of Appeals threw out a resort owner's appeal arguing that Dominion Energy North Carolina cannot remove trees on its property, holding instead that the resort owner abandoned its arguments when it failed to analyze the trial court's final judgment on appeal.
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August 07, 2024
Shuttered Firm Partner Pulls $9.5M Fee Fight Out Of Arbitration
An Illinois appeals court has reversed the transfer to partial arbitration of a suit accusing a personal injury firm name partner of defrauding the other name partner by collecting $9.5 million in fees shortly before the firm's dissolution, saying the firm's operating agreement with an arbitration clause was superseded by the dissolution agreement.
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August 07, 2024
Advocates Tell 9th Circ. To Revive Invisalign Monopoly Suit
Competition advocates are backing the revival of a class action accusing the makers of Invisalign of monopolizing the market for clear dental aligners, telling the Ninth Circuit in a new amicus brief that a district court summary judgment ruling for Align Technology creates a dangerous precedent for refusal-to-deal cases.
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August 07, 2024
SEC Accuses Urban Commons REIT Founders Of $70M Fraud
The U.S. Securities and Exchange Commission has accused the founders of the Urban Commons real estate investment trust of running a pair of fraud schemes involving investments in U.S.-based hotels that the regulator said collectively cost investors $70 million.
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August 07, 2024
NC Biz Court Bulletin: The Battles Making Summer Sizzle
A 1983 championship basketball team's intellectual property rights and a public feud between Cadwalader Wickersham & Taft LLP and its insurer are among the legal battles that have kept North Carolina Business Court judges and Tar Heel state private practice attorneys busy this summer. In case you missed those and others, here are the highlights.
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August 07, 2024
Fund Seeks Forced Sale Of Long-Stalled Baltimore Project
A Boston-based investment fund that backs development projects in disadvantaged communities is seeking to recoup $13 million it poured into a stalled mixed-use project in Baltimore, including through a forced sale, according to a complaint filed in Massachusetts state court.
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August 07, 2024
Lender Says Mogul's Privacy Concerns Stymying Trial Prep
Attorneys for a lending agent pursuing a $127 million judgment from an auto parts mogul asked a Michigan federal judge Tuesday to deny the mogul and his bankrupt company's attempts to keep key documents private, saying the inability to share relevant information with their clients is hindering their ability to prepare for trial.
Expert Analysis
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6 AI Cases And What They Mean For Copyright Law
Artificial intelligence cases filed last year, some decided and others pending, demonstrate how the appellate courts that set binding precedent look at the intersection between copyright and AI, so legal frameworks must adapt and provide clarity in order to foster innovation, protect creators, and ensure fair and equitable outcomes, say attorneys at Crowell & Moring.
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The Space Law And Policy Outlook For 2024
Expect significant movement in space law, regulation and policy in 2024, as Congress, the administration and independent federal agencies like the Federal Communications Commission address the increasingly congested, contested and competitive nature of space and the space industry, say Paul Stimers and Leighton Brown at Holland & Knight.
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Charting The Course For Digital Assets In 2024
Although 2023 was a tough year for the digital asset industry, upcoming court decisions, legislation and regulatory action will bring clarity, allowing the industry to expand and evolve, and the government will decide what innovation it will allow without challenge, says Joshua Smeltzer at Gray Reed.
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Antitrust Enforcement Initiatives To Watch In 2024
The U.S. Department of Justice is likely to prioritize information-sharing prosecutions in 2024, following last year's withdrawal of safe harbors, as well as labor market enforcement after trial losses forced a pullback in 2023, say attorneys at Fried Frank.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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HHS Advisory Highlights Free Product Inducement Risks
A recent U.S. Department of Health and Human Services advisory opinion highlights concerns that valuable free products and other inducements may influence patients and providers to choose one manufacturer’s product over another, notwithstanding that such free healthcare products may be a benefit, say attorneys at Morgan Lewis.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Del. Dispatch: The 2023 Corporate Cases You Need To Know
Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.
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Contract Disputes Recap: Termination and Accrual
Edward Arnold and Bret Marfut at Seyfarth Shaw examine three recent decisions that illustrate why contractors should consider, during the bidding process, impediments to their ability to meet contract requirements, and the need to track the accrual dates of individual claims that may arise during performance to avoid being time-barred.
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The Year In FRAND: What To Know Heading Into 2024
In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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What DOD Commercial Product Rule Means For Contractors
A recent amendment to the Defense Federal Acquisition Regulation Supplement, along with forthcoming changes to the definition of what constitutes a subcontract, will offer some relief for commercial products and services contractors, but the U.S. Department of Defense should do more to reduce regulatory burdens, say Daniel Ramish and Jonathan Shaffer at Haynes Boone.
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How Int'l Student-Athlete Law Would Change The NIL Game
Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.