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Commercial Contracts
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April 02, 2024
Amazon Driver Took, Shared Pics of Actor's Home, Suit Says
Actor Deon Cole sued Amazon in California state court alleging that one of its delivery drivers took photos of the inside of his home and shared them in a group chat while dropping off groceries, saying Amazon negligently and recklessly hired the driver.
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April 02, 2024
Axle Maker Says It's Getting Shafted On Exclusive Parts Deal
A Colorado maker of electrically powered axle components says a Michigan heavy-vehicle company broke their exclusivity agreement and is trying to replace the manufacturer with a competitor, according to a complaint removed to Colorado federal court Monday.
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April 02, 2024
JFK Taxi Dispatchers Charged With Taking Bribes For Rides
Nine taxi dispatchers at John F. Kennedy International Airport have been charged with accepting cash bribes in exchange for allowing drivers to skip the line to pick up passengers, the Queens district attorney has announced.
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April 02, 2024
4 Mass. Rulings You May Have Missed In March
A former Harvard Business School professor who was denied tenure after his angry emails to a restaurant went viral was among the winners from a slate of recent Massachusetts state court decisions, which also addressed claims about "forever chemicals" in firefighting gear and a popular gym shut down during the pandemic.
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April 02, 2024
9th Circ. Urged To Keep Live Nation 401(k) Suit In Court
Ex-workers for Live Nation urged the Ninth Circuit on Tuesday to allow in-court proceedings for a suit alleging an employee 401(k) plan was mismanaged, arguing a lower court shouldn't have enforced an arbitration provision in retirement plan documents when individual plan participants did not consent.
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April 02, 2024
BigLaw Recruiter's Bid To Ditch $6M Ruling Fails At 5th Circ.
A BigLaw recruiter is on the hook for more than $6 million for stealing trade secrets and breaking a noncompete agreement with his former employer after the Fifth Circuit ruled client details taken by the recruiter were confidential information.
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April 02, 2024
Daiichi Gets Award Nixing Seagen Cancer Drug Claims OK'd
A Washington federal judge has refused to revive U.S. biotech company Seagen Inc.'s claims seeking billions of dollars in damages in a dispute with Japanese drugmaker Daiichi Sankyo Co. Ltd. over cancer drug patents, ruling that an arbitrator who tossed the claims did not disregard the law.
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April 02, 2024
Fanatics Exec To Take Stand In DraftKings Noncompete Suit
A Boston federal judge said Tuesday she expects a former DraftKings executive to testify later this month in a hearing to sort out competing narratives and allegations of corporate espionage related to his abrupt departure to work for rival sportsbook Fanatics.
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April 02, 2024
Conn. Real Estate Co. Accused Of Inflating Commissions
The largest real estate firm in Connecticut, William Raveis Real Estate Inc., "artificially elevated" commissions and company profits when its executives and employees flooded the ranks of local and national trade groups and helped adopt lucrative new rules, a proposed class action antitrust and unfair trade practices case alleges.
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April 02, 2024
Aretha Franklin's Estate Says Atty Can't Get Unpaid Fees
A lawyer who claims Aretha Franklin owed him for his work getting her a recording deal declined to participate in oral arguments Tuesday in Michigan appellate court, where the singer's estate told the court he filed his claims years too late.
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April 02, 2024
King & Spalding Lands 3 Kasowitz Partners For Biz Litigation
King & Spalding LLP announced Tuesday that it had hired three partners for its business litigation practice from Kasowitz Benson Torres LLP, including the co-chair of Kasowitz's real estate litigation practice group.
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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.
Expert Analysis
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M&A Ruling Buoys Loss Calculation Method, R&W Insurance
The recent Southern District of New York decision in Taylor Precision Products v. Larimer affirms the use of EBITDA as a basis to quantify loss, highlighting the potential shortcomings of a traditional seller indemnity compared to representation and warranty insurance, say Mark Schwartz at Lockton, and William O’Neil and Gretchen Scavo at Winston & Strawn.
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How Justices Could Rule On A Key Copyright Statute
Attorneys at Manatt discuss how the U.S. Supreme Court may choose to address a fundamental accrual issue in Warner Chappell Music v. Nealy, which precedents the court may look to in analyzing the issue and the challenges copyright claimants may face going forward.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Issues That Can Arise When Tech Founders Leave CEO Role
More founders of venture-backed technology companies are transitioning out of the CEO role earlier than before, which can lead to unanticipated consequences if parties haven't carefully reviewed the company's certificate of incorporation, stockholders' agreements and the founder's employment agreement, say Alex Leibowitz and Megan Monson at Lowenstein Sandler.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Del. Dispatch: Lessons From Failed ETE-Williams Merger
Attorneys at Fried Frank delve into the Delaware Supreme Court's recent decision in Energy Transfer v. Williams to highlight the major monetary consequences of a failed merger, and show why merger agreement drafting and factual context are of utmost importance.
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Get Ready For Calif.'s Expanded Restrictive Covenant Ban
California recently passed the second of two new laws that together largely prohibit restrictive covenants, even for certain out-of-state employers — and since there's not much time before the statutes become effective, now is the time for companies to revisit how their confidential information will be protected, says Russell Beck at Beck Reed.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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High Court Bakery Driver Case Could Limit Worker Arbitration
Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.
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Diamond Sports Cases Shed Light On Executory Contracts
Recent Texas bankruptcy cases involving telecast fees payable by Diamond Sports to certain Major League Baseball teams provide a window into the dynamic relationship that can develop between debtors and counterparties under some executory contracts, say Joseph Badtke-Berkow and Robin Spigel at Allen & Overy.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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How To Advertise Carbon Reductions Under New Calif. Law
As more companies advertise their efforts to reach the status of carbon neutral or net zero, California's recently enacted Voluntary Carbon Market Disclosures Act aims to force companies to more clearly disclose the basis for such claims — and there's not a lot of time to comply, say Gonzalo Mon and Katie Rogers at Kelley Drye.
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Mass. Bill May Alter Deals Involving Both Goods And Services
Massachusetts' proposed H.B. 1112 would adopt several model Uniform Commercial Code amendments, including a new rule for hybrid transactions that could affect risk assessments made by lenders in determining whether to make loans that involve materials and equipment, especially in the context of construction projects, say attorneys at Barclay Damon.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Lessons On Arbitration Carveouts From Diddy-Diageo Suit
After Sean "Diddy" Combs brought a racial discrimination suit in New York state court against Diageo, the company has been unable to compel arbitration under its distribution agreement with Combs, underscoring the importance of narrowly tailoring arbitration carveouts for injunctive relief, says Rosanne Felicello at Felicello Law.