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Commercial Contracts
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April 30, 2024
Where VLSI-Intel's High-Stakes Patent Battle Stands Now
Intel has managed to turn the tide on litigation where it had faced the daunting possibility of owing VLSI Technology more than $3 billion for infringing microchip patents, with the tech company winning patent invalidations and a large verdict do-over. Here's a look at where the multifaceted litigation between the companies stands.
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April 30, 2024
Watchdog Says USA Swimming Indemnity Suit Has No Basis
A nonprofit watchdog overseeing reports of sexual abuse in U.S. sports has urged a Colorado state judge to toss an indemnification suit by USA Swimming, claiming there is no contract between them, much less one requiring the watchdog to pay for separate litigation in Washington state.
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April 30, 2024
Microsoft Says Ex-Worker Made 'Trojan Horse' Patent Claims
Microsoft accused an ex-employee of staging a "Trojan horse" in a breach of contract case to get patent damages otherwise not allowed in state court, urging a Washington federal judge to keep control of the case over Xbox console patents.
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April 30, 2024
Lender Alleging Fraud Asks Court To Block Golf Club Sales
A lender accusing the owner of multiple Atlanta golf clubs of defrauding it of more than $4 million has asked a Georgia federal court to block upcoming golf course sales to avoid the "imminent risk" that the borrower would hide the proceeds and dodge attempts to recoup losses from the alleged scheme.
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April 30, 2024
Conn. Mortgage Co. Settles Data Breach Claims
A mortgage company settled a consolidated data breach class action that accused the company in Connecticut federal court of being liable for a November 2023 data breach that compromised its customers' personal information.
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April 30, 2024
Ex-DraftKings Exec Blocked From US Role At Rival Fanatics
A Boston federal judge Tuesday blocked a former DraftKings executive from doing the same line of work for rival Fanatics in the U.S., citing his "evasive" testimony about his decampment to Fanatics.
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April 30, 2024
Hospital Says IP Spat Shouldn't Delay Children's Center Build
A Michigan hospital system has asked a judge to deny an attempt to block construction of a children's rehabilitation hospital, saying it did not copy its former architect's design and has made significant design pivots since terminating the firm's contract.
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April 30, 2024
Sills Cummis Atty Must Sit For Deposition In Malpractice Suit
A New Jersey state court judge has directed a Sills Cummis & Gross PC attorney to soon sit for a deposition in a malpractice suit filed by the former manager of musician, producer and songwriter Nile Rodgers.
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April 30, 2024
Conn. Atty Says Depo Reveals Referral Fee Deal Was Legit
An attorney who says another lawyer owes him a $58,333 referral fee for handing over a personal injury case has pointed to a deposition to argue that referral "discussions" occurred despite his opponent's apparent claims that they didn't, according to a supplemental argument submitted to a Connecticut state trial court judge.
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April 30, 2024
Kimmel Calls Mocking Santos' Cameo Vids 'Classic' Fair Use
Late-night TV host Jimmy Kimmel has urged a Manhattan federal court to toss a copyright complaint from indicted former congressman George Santos over Cameo clips the comedian tricked him into making for fodder on his show, saying videos to "mock a controversial political figure" are a "quintessential example" of fair use.
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April 30, 2024
NYC Law Firm Says Japanese Auto Supplier Owes $800K Fees
New York law firm Florence Rostami Law LLC seeks more than $800,000 in legal fees and expenses after representing a Japanese auto part manufacturer in litigation and bankruptcy court proceedings in a contract dispute with a former vendor, the firm told a Michigan federal court.
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April 30, 2024
Ex-Rugby Team Owner Sues Over $6M Franchise Sale
The former owner of an Atlanta, Georgia-based rugby team who sold it to a New Hampshire club for $6 million sued the buyer and another rugby team operator in Delaware federal court Monday, alleging that she is still owed $3.75 million from the sale.
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April 29, 2024
Pomerantz, Glancy Prongay Spar To Lead LexUrban Fraud Suit
Glancy Prongay & Murray LLP and Pomerantz LLP are vying to represent a proposed class of investors in a New York federal suit against real estate company LuxUrban Hotels, with Glancy Prongay accusing Pomerantz of "cobbl[ing] together" a would-be co-counsel group and Pomerantz defending its proposed lead plaintiffs as a proper "cohesive duo."
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April 29, 2024
Sandoz Says Biopharma Biz Added 'Poison' To Market
More than $160 million separate generic-drug maker Sandoz Inc. and biopharmaceutical firm United Therapeutics Corp. in their estimates of damages suffered by Sandoz when the other company effectively blocked the sale of Sandoz's generic version of a hypertension medication, according to opening statements Monday during a bench trial in New Jersey federal court.
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April 29, 2024
Aviation Co. Fights Delay Of Russian Planes Coverage Suit
A Florida-based aircraft leasing company has pushed back on its insurers' request to pause its coverage suit for $700 million worth of airplanes reappropriated by Russian airlines after the Ukraine war began, saying the insurers' own litigation against reinsurers should have no bearing on its coverage claims.
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April 29, 2024
Amazon Files $200M Countersuit Over Solar Projects' Fallout
Amazon claims a California-based private equity firm reneged on a pair of 15-year deals to sell it power from two new solar developments, launching a suit in Washington state court following competing allegations in California that the retail giant tried to sabotage the projects after signing the deals.
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April 29, 2024
6th Circ. Revives Co.'s Malpractice Suit Against Ohio Firm
The Sixth Circuit on Monday revived a Texas real estate developer's legal malpractice claim against an Ohio law firm, remanding the case back to a lower court to consider the viability of certain professional negligence claims.
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April 29, 2024
Ex-Officers Seek Early Win Against Flight Attendant Union
Former officers of the Association of Professional Flight Attendants urged a Texas federal judge to toss claims from the union that they violated their fiduciary duty, accusing the union of raising allegations to further "its political agenda against plaintiffs."
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April 29, 2024
Insurer Looks To Block $5.3M Theft Claim From Tribal Court
An Ohio-based insurance company has sued several members of the Miccosukee Tribe of Indians of Florida, asking a Florida federal court to exercise jurisdiction in a coverage dispute over a $5.3 million loss from the tribe's casino by former employees.
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April 29, 2024
Bookstores Want In On FTC's Antitrust Case Against Amazon
A trade group for bookstores has asked a Washington federal court for permission to intervene in the Federal Trade Commission's antitrust case against Amazon to raise concerns about the e-commerce giant's sale of books and contracts with publishers.
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April 29, 2024
Don't Put Cable 'Junk Fee' Rules On Biz Services, FCC Told
Cable providers are asking the Federal Communications Commission to leave business services out of the commission's plans to end cable "junk fees," saying that doing otherwise would jeopardize lower rates negotiated by the businesses.
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April 29, 2024
Kemp Klein Adds Bankruptcy Atty In Mich.
Detroit-area-based Kemp Klein Law Firm has announced it hired a new bankruptcy-focused corporate lawyer to bolster its corporate, litigation and bankruptcy practices.
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April 29, 2024
Singapore Tech Co. To Pay FTC $1.17M In Mask False Ad Suit
The Federal Trade Commission has inked a $1.17 million deal with Singaporean American company Razer Inc. and its affiliates to resolve claims that it falsely advertised its "Zephyr" air purifier masks as being equivalent to N95 face masks.
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April 29, 2024
BNSF Balks At $1.3B Demand For Trespass On Tribal Lands
BNSF Railway Co. has told a federal Washington court to reject a tribe's bid for $1.3 billion in damages from years of illegally running oil cars across tribal territory, arguing that its financial responsibility should be limited to the small land area it trespassed.
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April 29, 2024
Catching Up With Delaware's Chancery Court
A multibillion-dollar Tesla trust proposal, a Truth Social bond, power plays over Prince's estate, and three in the ring for World Wrestling Entertainment. All of this and much more came up in Delaware Chancery Court dockets last week.
Expert Analysis
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Questions Linger Over Texas Business Court's Jurisdiction
If parties to a case in Texas' new business court do not agree on whether the court has supplemental jurisdiction over their claims, then those claims may proceed concurrently in another court — creating significant challenges for litigants, and raising questions that have yet to be answered, says Ryan Sullivan at Reichman Jorgensen.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Harvard's Broker Fight Shows Active Risk Management Is Key
Harvard University’s recently filed suit against its insurance broker for alleged malpractice in handling the Students for Fair Admissions claim illustrates that risk management requires the concerted effort of policyholders, brokers and insurers to protect against disastrous losses, say William McMichael and David Klein at Pillsbury.
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Transparency And Explainability Are Critical To AI Compliance
Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.
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What Texas Business Court Could Mean For Oil, Gas Cases
While the new business court in Texas might seem an ideal venue for the numerous oil and gas disputes litigated in that state, many of these cases may remain outside its reach under the rules governing the court's jurisdiction — at least for now, say Conrad Hester and Emily Fitzgerald at Alston & Bird.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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SEC Fines Mean Cos. Should Review Anti-Whistleblower Docs
The Securities and Exchange Commission’s expanding focus on violations of whistleblower protection laws — as seen in recent settlements where company contracts forbade workers from reporting securities misconduct — means companies should review their employment and separation agreements for language that may discourage reporting, says Caroline Henry at Maynard Nexsen.
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Sellers Seeking Best Deal Should Focus On Terms And Price
Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Del. Dispatch: Refining M&A Terms After Twitter Investor Suit
The Delaware Court of Chancery's recent decision in Crispo v. Musk — invalidating a merger agreement provision that has been commonly used to disincentivize buyers from wrongful merger termination — should cause target companies to consider new approaches to ensure the payment of lost premium damages, say attorneys at Fried Frank.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Key Shifts In EU, UK Emissions Credits: Challenges For Cos.
An upcoming deadline to apply for free carbon dioxide emissions allowances in the European Union, and a reduction in the supply of similar allowances in the U.K., are likely to increase competition for allowances, and cause production, supply chain and contract issues for companies, say attorneys at Orrick.
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Earnout Contract Considerations After NC Good Faith Ruling
The North Carolina Supreme Court's recent Value Health Solutions v. Pharmaceutical Research decision, holding the implied covenant of good faith and fair dealing did not apply in an earnout dispute related to an asset sale, demonstrates the need for practitioners to pay careful attention to milestone concepts in M&A transactions, says Benjamin Hicks at Wagner Hicks.
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Takeaways From Iran Missile Procurement Advisory
Companies should familiarize themselves with the entities and practices highlighted in the recent multiagency Iran Ballistic Missile Procurement Advisory, to avoid falling prey to deceptive practices that help bad actors evade sanctions, say attorneys at DLA Piper.