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Commercial Contracts
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March 21, 2024
Chicago Restaurant Biz Sanctioned For Missing Discovery
A Cook County judge on Wednesday sanctioned the former management group behind celebrated Chicago eatery Maple & Ash and two associated entities for discovery violations, ordering them to pay attorney fees and costs spent seeking their compliance to information requests and warning that escalating penalties could be imposed if violations continue.
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March 21, 2024
Robins Kaplan, Funding Firm Must Pay Sanctions, Court Told
An investment firm has urged a New York state appellate court to uphold a $156,000 sanction levied against a litigation funding firm and its counsel from Robins Kaplan LLP over the law firm's access to the opposing party's Dropbox account, saying a trial court acted within its discretion in imposing the sanction.
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March 21, 2024
Woman Lost Independence Due To Strattice Mesh, Jurors Told
A Kentucky woman told New Jersey state jurors on Thursday that LifeCell skipped important safety steps while designing its Strattice surgical mesh, and that those skipped steps caused a hernia to reoccur and ultimately resulted in the loss of her independence.
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March 21, 2024
FTC Says Retailers Used Pandemic To Boost Profits, Power
The Federal Trade Commission said Thursday that some grocery retailers appear to have used their market power to avoid supply disruptions during the COVID-19 pandemic and that grocery prices remain high because companies used rising costs as an opportunity to boost profits.
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March 21, 2024
Barings' Exec Helped Raid Employees To Join Rival, Suit Says
A former executive of the investment firm Barings LLC is accused of joining a rival firm who together conspired to hire away 21 Barings employees and then offered to buy the decimated Barings unit for "on the dollar" in "one of the largest corporate raids at an asset manager in years," a suit alleges.
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March 21, 2024
Anadarko Wants Defense Coverage In 2013 La. Kickback Case
Anadarko told a Houston federal court that an environmental remediation company should be required to defend it in a decade-old Louisiana kickback lawsuit that has already made its way through an appeals court twice.
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March 21, 2024
Shumaker Hires Kass Shuler Atty In Tampa As Partner
A 13-year Kass Shuler PA attorney and one-time Florida assistant state's attorney, has joined Shumaker Loop & Kendrick LLP in Tampa as a partner, the firm announced Thursday.
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March 21, 2024
Robins Kaplan, Colo. Firm Beat Malpractice Claim
A Colorado appeals courts determined Thursday a state trial court was right to rule in favor of Robins Kaplan LLP and a Colorado firm in a 2020 malpractice suit after the lower court found it could not be proven that attorney negligence caused a worse outcome for the firms' client.
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March 21, 2024
Plan Admin. Escapes Ex-Aerospace Execs' Death Benefits Suit
A third-party administrator isn't liable for misrepresentation and negligence claims from former aerospace company executives over death benefits, a Pennsylvania federal judge has ruled, saying the administrator isn't to blame for the plaintiffs' lack of understanding about the termination of a deferred compensation plan.
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March 21, 2024
Faegre Drinker Hires Indianapolis Litigation Boutique Founder
Faegre Drinker Biddle & Reath LLP has hired a founding partner of Indianapolis litigation boutique Hoover Hull Turner LLP, who joins the firm as a partner to continue her practice centered on business litigation matters, the firm recently announced.
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March 20, 2024
Winklevoss-Owned NFT Co. Gets Suit Sent To Arbitration
A New York federal judge has ordered a suit accusing cryptocurrency exchange Gemini Trust and its NFT-focused subsidiary of selling unregistered securities to be sent to arbitration, rejecting the plaintiff's arguments that his proposed class action belongs in federal court.
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March 20, 2024
Health And Safety Top Risk For Directors, Global Survey Says
Health and safety is the top risk for directors and officers worldwide, according to a survey published Wednesday, in a "surprise" result partly attributed to the lingering impact of the COVID-19 pandemic on businesses and increasing mental health considerations.
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March 20, 2024
Amazon Wants Rethink On E-Book Monopolization Suit
Amazon is asking a New York federal court to reconsider U.S. District Judge Gregory H. Woods' rejection of the company's motion to dismiss a proposed class action alleging that the company has monopolized the e-book market, or to at least certify two questions for the Second Circuit to address on interlocutory appeal.
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March 20, 2024
Upper Deck Settles Suit Over 1998 Michael Jordan Photo
Upper Deck and the owner of a 1988 photo of NBA legend Michael Jordan have agreed to settle a California federal lawsuit that accused the trading card giant of making millions off the famous photograph without permission.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
Counterclaim Tossed In Attys' Fight Over Broken Biz Alliance
A federal judge has handed one victory in a larger battle to a lawyer and his Philadelphia-based law firm suing another attorney over a business relationship gone south, agreeing that a counterclaim from the defendant for breach of contract can't stand.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 20, 2024
DA Says Greenhouse Suit Interferes With Code Enforcement
The San Bernardino County district attorney is asking a California federal judge to throw out a suit from a Native American-owned company aiming to block the DA from abating and removing equipment from greenhouses that was used in an illegal cannabis operation involving a prior owner.
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March 19, 2024
Ex-Lewis Brisbois Atty Sues Firm, Pointing To Racist Emails
A former Lewis Brisbois Bisgaard & Smith LLP lawyer filed race and disability discrimination claims against the firm on Tuesday, alleging that he was forced to resign after dealing with medical issues that prompted the firm to take away his cases and wrongfully withhold his pay.
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March 19, 2024
Aspiring Atty Should Be Off HP Jury, Ex-Autonomy Execs Say
Counsel for former Autonomy CEO Michael Lynch and another defendant accused of deceiving HP into buying Autonomy at an inflated price of $11.7 billion urged a California federal judge Thursday to dismiss a juror who contacted a federal prosecutor during voir dire seeking law career advice.
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March 19, 2024
Texas Energy Co. Should Put Service Before Price, Court Hints
Texas Supreme Court justices questioned an electricity provider about its argument that the Public Utility Commission of Texas' policy setting price caps during extreme events goes against state law, asking if the agency should prioritize competition over keeping "the lights on" during oral arguments Tuesday.
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March 19, 2024
VW Dealer Says Its Franchise Is Getting Unjustly Terminated
A southeastern Connecticut car dealer took Volkswagen of America Inc. to state court after the company allegedly moved to terminate a franchise agreement for the dealer's satellite location, an agreement that the suit says the carmaker denies the existence of in the first place.
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March 19, 2024
Law Firm Hit With Suit Over Abandoned Patent Application
A Louisiana-based medical software company has sued a law firm that was hired to help it with an application for a patent for its platform, saying the firm's alleged negligence led to the application being abandoned.
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March 19, 2024
Clemson Sues Over 'Unconscionable' Fees To Exit ACC
Clemson University on Tuesday sued the Atlantic Coast Conference in South Carolina state court, alleging that the conference is hindering its ability to explore alternative options regarding conference membership because it claims member institutions must pay an "unconscionable and unenforceable" $140 million to leave the conference.
Expert Analysis
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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Negotiating AI-Life Sciences Partnerships To Minimize IP Risk
When life sciences companies and AI companies form partnerships to foster innovation, the parties should align interests as well as mitigate intellectual property risks by strategically identifying and addressing the unique AI-related legal issues, such as training data, AI model and output, say attorneys at Finnegan.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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How Calif. Privacy Law Changes Affect Asset Managers
Asset managers need to understand the important ways in which the California Consumer Privacy Act applies to their work, despite a recent update to the law that exempts information subject to the Gramm-Leach-Bliley Act, say Kevin Angle and Catherine Skulan at Ropes & Gray.
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Contract Disputes Recap: Timeliness, Evidence, Fact-Finding
Edward Arnold and Bret Marfut at Seyfarth Shaw look at three recent opinions from three stages of government contract claims litigation about avoiding untimeliness by ticking procedural boxes, supporting factual positions at the summary judgment stage and how the appellate boards review default terminations.
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Indivior Ruling May Affect Rebate Wall Litigation
A New Jersey federal court's recent decision in Indivior v. Alvogen, in which a claim that an alleged rebate wall anti-competitively blocked generic competition survived summary judgment, may provide a blueprint for successfully challenging other drug rebating practices, say Peter Herrick and Monsura Sirajee at O'Melveny.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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An Emerging Copyright Paradox For AI-Generated Content
It is becoming increasingly clear that something of a double-edged sword now exists with regard to copyrights and artificial intelligence — though it may not be possible to secure or convey copyrights in AI-generated content, the same content may result in claims of copyright infringement, says Samuel Lewis at Cozen O’Connor.
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Key Considerations For Negotiating Sponsor Guaranties
As both creditors and borrower groups shift their negotiating positions regarding sponsor guaranties, practitioners should refresh their understanding of common law suretyship defenses and their associated waivers so that they can watch for contract terms that are overly or insufficiently broad, say attorneys at Dorsey & Whitney.
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Canada Emoji Ruling Considers Digital-Age Contract Realities
In South West Terminal v. Achter Land & Cattle, a Canadian court recently held that a thumbs-up emoji was just as valid as a signature, illustrating a common situation in the digital age and setting forth a rational framework for addressing contract disputes in U.S. courts and elsewhere, says George Singer at Holland & Hart.
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Effectual Relief Questions Linger After Section 363 Ruling
In the months since the U.S. Supreme Court's ruling in MOAC Mall Holdings, courts and practitioners must grapple with the issue of what effectual relief courts may grant upon an appeal of an unstayed sale order, says Monique Jewett-Brewster at Hopkins Carley.
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Cannabis Cos. Must Heed PFAS Risks In Products, Packaging
Cannabis businesses and ancillary service providers will have to grapple with evolving PFAS enforcement, litigation and regulations – most recently enacted in Minnesota – and take steps to mitigate risks posed by forever chemicals in their products and packaging, say Malina Dumas and Amy Rubenstein at Dentons.