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Commercial Contracts
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May 17, 2024
Wash. Energy Codes Challenged Again After 9th Circ. Decision
In the wake of a Ninth Circuit ruling that forced Washington officials to revisit regulations on natural gas appliances used in new construction, a group of natural gas companies, homeowners and construction interests are claiming the state's apparent fix is again out of step with federal law.
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May 17, 2024
Deserted NC 'Ghost Town' Theme Park Wards Off Dissolution
A woman who inherited partial ownership of an abandoned theme park in the mountains of Western North Carolina has failed to prove the business is too dysfunctional to continue operating, a state Business Court judge ruled in allowing the partnership to live another day.
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May 17, 2024
TD Bank Says Ex-Advisers Enticed $25M To Raymond James
TD Bank NA and its subsidiary TD Private Client Wealth LLC are accusing two former employees of "brazenly" breaking nonsolicitation agreements by moving to Raymond James Financial Services Inc. and enticing $25 million in client assets to come with them.
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May 17, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a wave of claims filed against Verity Trustees Ltd., Harley-Davidson hit retailer Next with an intellectual property claim, Turkish e-commerce entrepreneur Demet Mutlu sue her ex-husband and Trendyol co-founder Evren Üçok and the Solicitors Regulation Authority file a claim against the former boss of collapsed law firm Axiom. Here, Law360 looks at these and other new claims in the U.K.
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May 16, 2024
Jolie May Have To Turn Over Her NDAs In Pitt's Winery Suit
Angelina Jolie may have to disclose many of the nondisclosure agreements she's signed to Brad Pitt's legal team in the former couple's dispute over a multimillion-dollar French winery, a Los Angeles judge said Thursday in a tentative ruling.
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May 16, 2024
Convicted Insurance Mogul Says He'll Trim Empire
Convicted insurance mogul Greg Lindberg told the North Carolina Supreme Court he's relinquishing control of portions of his enterprise to fulfill a deal to restructure them with independent oversight, according to court filings.
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May 16, 2024
BNSF Judge Vows To Avoid Extremes In Trespass Payout
A federal judge said Thursday that BNSF Railway Co. will likely have to fork over profits from its entire 1,500-mile oil shipment route to compensate a Washington tribe for nearly a decade of train trespassings across a less-than-mile-long easement, but the judge said the disgorgement won't be the hundreds of millions the tribe is seeking.
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May 16, 2024
Apple Exec Must Produce All Docs On 27% App Fee Decision
A California federal judge presiding over a high-stakes antitrust hearing over Apple's compliance with a court-ordered ban on App Store anti-steering rules ordered a company executive Thursday to hand over all of his communications and notes on Apple's decision to impose a new 27% fee after her injunction.
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May 16, 2024
Exxon Pipeline In Dallas At Risk Over Excavation Co. Dumping
ExxonMobil and a commercial excavation company have agreed to a temporary injunction that would prevent the company from dumping cement slabs and other debris on land over a key Exxon fuel pipeline that runs under Dallas, with a state judge on Thursday indicating she would sign off on the proposal.
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May 16, 2024
Convicted NC Tech Exec, Wife Accused Of Defaming Couple
A couple facing claims they sabotaged a licensing deal that ultimately drove a North Carolina software company out of business have accused the company's co-founder and his wife of spending months slandering them online while the suit was otherwise on hold.
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May 16, 2024
AI Study Tool Student Creator Sues Emory Over Suspension
A student who received a $10,000 prize last year from Emory University for helping to create an artificially intelligent study tool is now suing the university for suspending him on the basis that using the tool could be a violation of the academic honor code.
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May 16, 2024
US Soccer Hopes To Bounce Antitrust Lawsuit Absent FIFA
U.S. Soccer is once again attempting to quash an antitrust lawsuit filed by an event promoter, but this time with a letter questioning whether settlement talks the judge recently ordered are worth the money and effort it would have to expend.
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May 16, 2024
Ex-Execs Accuse Truist Of Hijacking Control Of Mortgage Unit
Three former executives who spearheaded the real estate finance arm of Truist Financial Corp. before they left for a competitor are countersuing the bank for allegedly usurping control of the business, saying Truist then tried forcing them out to skirt paying severance.
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May 16, 2024
Pa. Pot Co. Says No Deal To Breach In Growth IP Suit
A Pennsylvania cannabis cultivator is asking a federal court to dismiss a suit claiming it broke an oral agreement with a consulting firm and continued to use the firm's trade secrets, saying no oral contract existed, nor was the firm's information trade secrets.
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May 16, 2024
Nordstrom Settles Patagonia's Suit Over Alleged Counterfeits
Patagonia has agreed to toss its trademark lawsuit accusing Nordstrom's Nordstrom Rack discount stores of selling thousands of "obvious counterfeits" after their partnership ended and then refusing to issue a recall on the products once Patagonia complained.
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May 15, 2024
Real Estate Seller Can't Show He Was Stiffed On Commission
A Texas appellate court ruled that a man claiming he was cheated out of a commission for assisting in a real estate sale didn't have enough to back up his claims, agreeing Tuesday that a lower court was correct in granting an early win to the property's seller.
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May 15, 2024
Chancery Nixes BuzzFeed Worker Arbitration Bid
Delaware's Court of Chancery dismissed from an arbitration access dispute on Wednesday 85 BuzzFeed Media Enterprises employees who sued for arbitration of a stock conversion right, rejecting claims that company employment agreements require Delaware courts to handle the issue.
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May 15, 2024
Hedge Fund Says Deal With Colo. Developer Lacked Details
A Colorado-based hedge fund owner and the former president of one of his entities have urged a Colorado state court to permanently toss a suit related to a Denver commercial housing project, arguing that they can't be accused of violating the project's term sheet due to its vagueness.
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May 15, 2024
Noncompete Rule Challenge Gets More Backing
A slew of business groups have thrown their support behind a challenge of the Federal Trade Commission's sweeping ban on noncompete clauses for employees, saying the rule relies on "cherrypicked" data to back a policy preferred by the FTC's majority.
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May 15, 2024
MLB, NHL, NBA Doubt Bally Sports Parent Can Reorganize
The bankrupt parent of Bally Sports-branded regional sports networks touted the extension of a carriage contract with DirecTV Wednesday in Texas bankruptcy court, at the same time that the parent company's partners in major American sports leagues expressed skepticism about its ability to successfully reorganize.
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May 15, 2024
WWE Says $3M Deal Sends McMahon Sex Suit To Arbitration
World Wrestling Entertainment Inc. is joining a bid by former CEO Vincent McMahon to send a suit from a woman accusing him and the organization of sex trafficking and harassment to arbitration, saying she agreed to and signed a $3 million separation agreement that includes an arbitration clause.
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May 15, 2024
Sports Atty Settles Spat With Colo. Youth Hockey Org
The Colorado Amateur Hockey Association and a lawyer who's also an agent for professional athletes told a state court judge in Denver on Wednesday that they've resolved their dispute over the termination of the attorney's contract, before a trial that was scheduled to begin next week.
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May 15, 2024
Law Firm Urges Reversal Of Malpractice Arbitration Award
The Ferraro Law Firm urged a Florida appeals court Wednesday to reverse a trial court order upholding a $1.5 million arbitration award against it over alleged malpractice, arguing that its opponent and former client improperly got a successor trial judge to reverse course after the first one vacated the arbitration ruling.
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May 15, 2024
Colo. Law Firm Settles Bad Faith Suit Against Insurer
A personal injury firm has notified a Colorado federal court it has reached an agreement with its insurer in a coverage dispute over litigation costs from another suit against a former attorney accused of trying to lure away the firm's class action department after her departure.
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May 15, 2024
Data On Harm Intrigues Pa. Justices In Hospital Closure Spat
While tasked with considering how much deference appellate panels must give trial courts in matters involving preliminary injunctions, the Pennsylvania Supreme Court on Wednesday was equally curious about whether one such injunction needed to be supported by data showing that a hospital's closure would irrevocably hurt a Delaware County community.
Expert Analysis
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What FTC's 'Killer Acquisition' Theory Means For Pharma Cos.
The Federal Trade Commission's recent lawsuit to block Sanofi's acquisition of a pharmaceutical treatment developed by Maze Therapeutics builds on previous enforcement actions and could indicate the agency's growing willingness to use its so-called killer acquisition theory against perceived attempts to eliminate nascent competition, say attorneys at Morgan Lewis.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Practical Steps For Navigating New Sanctions On Russia
After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Complying With Enforcers' Ephemeral Messaging Guidance
Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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No AI FRAUD Act Is A Significant Step For Right Of Publicity
The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Unpacking The New Russia Sanctions And Export Controls
Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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5 Lessons For SaaS Companies After Blackbaud Data Breach
Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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2nd Circ. Ruling Will Guide Social Media Account Ownership
The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.