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Commercial Contracts
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April 23, 2024
FTC Bars Employers From Imposing Noncompete Contracts
The Federal Trade Commission voted 3-2 on Tuesday to ban essentially all noncompete agreements that employers frequently impose on workers, leaving an earlier draft of the ban mostly unchanged other than to allow existing noncompete agreements with senior executives to remain while banning future ones for top corporate officials.
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April 23, 2024
Embattled Ex-Animal Rescue Executive Hit With TM Suit
Last Chance Ranch, a nonprofit animal shelter and rescue based in Pennsylvania, has sued its former executive director — who was accused of stealing a kangaroo — and a new nonprofit she created, alleging unauthorized use of the shelter's name and trademarks.
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April 23, 2024
Terminated Sale Of NBA's T-Wolves Looks Like A Power Play
The canceled $1.5 billion sale of the NBA's Minnesota Timberwolves to a group featuring Alex Rodriguez can be attributed, in part, to explosive growth in team valuations over the last three years, but just as large a factor is the owner's hesitance to surrender the power inherent in major franchise ownership, legal experts say.
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April 22, 2024
Pornhub Cos. Urge Judge To Drop Trafficking Suit Claims
Attorneys for companies associated with Pornhub urged a California federal judge Monday to trim a lawsuit brought by a woman who claims she was sex trafficked by the defunct website GirlsDoPorn, saying it is full of excessive claims and that the court lacks jurisdiction over some defendants.
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April 22, 2024
Judge Finds Feds Own Historic Virgin Islands Resort
A U.S. Virgin Islands federal judge has found the government owns the title to the historic Caneel Bay resort on a St. John peninsula, ruling against an operator in a dispute that arose after the resort suffered damage from back-to-back Category 5 hurricanes in 2017.
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April 22, 2024
$1 Awarded To Software Co. Splunk In Copyright Fight
A California federal jury on Monday awarded software company Splunk a single dollar in damages in a suit accusing rival Cribl of copyright infringement.
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April 22, 2024
Mich. Panel Drains $1.3M 1-800-Bathtub Arbitration Award
A Michigan appellate court affirmed slashing most of a $1.3 million arbitration award for the owner of the toll-free number 1-800-BATHTUB, pulling the plug on the owner's claim that a bathroom remodeling company stole the number.
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April 22, 2024
Chamber Planning Prompt Challenge Of FTC Noncompete Ban
U.S. Chamber of Commerce officials vowed Monday to immediately challenge an impending Federal Trade Commission rule that would ban essentially all noncompete agreements that employers impose on their workers, raising concerns focused principally on opening a "Pandora's box" of rulemaking they say is beyond FTC authority.
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April 22, 2024
Palo Alto Networks Execs Face Suit Over Misleading Outlook
Executives and directors of cybersecurity company Palo Alto Networks have been hit with a shareholder derivative suit in California federal court alleging they misled investors about the success of its platform consolidation strategy, which was expected to result in lucrative government contracts.
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April 22, 2024
Lessee Axed From NC Doctor's Quarrel With Ex-Partner
The North Carolina Business Court has purged a defendant from an ophthalmologist's lawsuit claiming his former partner has reneged on a settlement to buy out the ophthalmologist's half of the practice, finding the defendant wasn't a party to the settlement and can't now be bound to it.
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April 22, 2024
GM, Others Sued For Sharing Driver Data With Insurers
Two New Jersey drivers say they saw increases in their insurance premiums after General Motors and its OnStar unit allegedly used apps installed in their vehicles to illegally share driver data with consumer reporting agencies and insurance carriers without their consent.
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April 22, 2024
Calif. High Court Says Pretrial Inmates Can't Get Min. Wage
The California Supreme Court on Monday ruled that pretrial detainees who work while in jail are not entitled to minimum wage and overtime claims under California's labor law, finding the state's penal code permitting such work covers nonconvicted individuals.
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April 22, 2024
Ill. Panel Relieves Insurer Of $8.3M Cracker Caper Judgment
An insurer was relieved of covering a dispute between cracker manufacturers, an Illinois state appeals panel affirmed, finding allegations of equipment theft that led to an $8.3 million judgment against Distinctive Foods LLC constituted non-covered intentional interference with RyKrisp LLC.
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April 22, 2024
Thermo Fisher Says Rival Is Raiding Its Workforce
Thermo Fisher Scientific Inc. is seeking to block Repligen Corp. from hiring one of its top executives, according to a suit in Massachusetts state court accusing the rival of a "systematic raiding" of its workforce.
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April 22, 2024
High Court Denies US Soccer Petition In Antitrust Challenge
The U.S. Supreme Court denied a petition by the U.S. Soccer Federation asking it to dismiss for good a suit by a sports promoter accusing it of violating antitrust law by refusing to sanction international pro soccer games on American soil.
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April 22, 2024
Justices Won't Probe Athlete's Interest In NCAA Eligibility
The U.S. Supreme Court on Monday left in place a Fourth Circuit decision finding student athletes lack a business or property interest in their eligibility to play on the college level even though they can now be compensated for it.
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April 19, 2024
Jane Street Denied TRO In Trade Theft Suit Against Millennium
A New York federal judge on Friday refused Jane Street Group LLC's bid for an emergency order after the trading firm accused rival Millennium Management LLC and two former employees of stealing and misappropriating a confidential trading strategy.
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April 19, 2024
Kansas City Bank Sued Over Prepaid Cards For Ex-Detainees
A Kansas City, Missouri, bank faces a proposed class action accusing it of violating federal and state consumer protections laws in issuing prepaid debit cards to people who had their cash confiscated after being detained following an arrest, and then charging them fees to access their funds after their release.
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April 19, 2024
Judge Mulls Axing Biomedical Cos.' $25M Punitive Damages
Not enough evidence supports Skye Orthobiologics' $25.5 million punitive damages award against an ex-employee found to have breached his fiduciary duties by leveraging Skye's proprietary information, a California federal judge has ruled, asking for briefing on whether the proper remedy is to cut the damages or grant a new trial.
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April 19, 2024
Vegas Paper Wants Antitrust Suit Paused For Appeal
The Las Vegas Review-Journal asked a Nevada federal judge to pause the Las Vegas Sun's antitrust suit against it, pending an appeal to the Ninth Circuit over the core agreement between the papers that the Review-Journal says the judge wrongly cleared.
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April 19, 2024
Casino SPAC Can Return Money, Not Shares, Chancery Rules
Stockholders in a blank-check company that failed to merge with a Philippines-based casino are entitled to a distribution from $37.5 million sitting in trust, but the company may not redeem any shares until an investor's Delaware lawsuit plays out, a Chancery Court vice chancellor said Friday.
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April 19, 2024
Mich. Panel Backs GM's Win In Supplier Pricing Spat
A Michigan appellate panel has refused to reinstate a supplier's lawsuit claiming General Motors underpaid for five years' worth of deliveries, saying Semco Inc. didn't have the written evidence needed to hold GM to a promise to rectify the alleged shortfalls.
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April 19, 2024
Up Next At High Court: Abortions & Presidential Immunity
The U.S. Supreme Court will return Monday for the term's final week of oral arguments, during which it will consider several high-stakes disputes, including whether a federal healthcare law can preempt state abortion bans and whether former President Donald Trump is entitled to immunity from criminal charges related to official acts.
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April 19, 2024
Student Housing Co. Founder Claims She Was Pushed Out
A co-founder of a global company formed to provide booking for student housing sued her former colleague in Delaware's Court of Chancery on Friday, alleging a scheme by insiders to push her out of the business and then line up a sale to avoid a judgment after the move's reversal.
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April 19, 2024
Madonna Sued, This Time In D.C., Over Late Concert Start
Madonna is facing another proposed class action alleging the pop star kept fans waiting hours for her concert to begin, this time from show attendees in Washington, D.C., who claim that Madonna and Live Nation are "a consumer's worst nightmare."
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.