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May 8, 2013
R&B Label's Atty Booted In Row Over Christina Aguilera Song
R&B label TufAmerica Inc.’s attorney was disqualified Tuesday for previously representing one of the defendants in the label's suit alleging songs including Christina Aguilera's "Ain't No Other Man" contained unauthorized samples of songs for which it claims to own the rights.
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May 8, 2013
Chesapeake Wins Bid To Buy Back $1.3B In Bonds
A New York federal judge Wednesday sided with Chesapeake Energy Corp. in its bid to call back and refinance $1.3 billion in bonds, rejecting arguments from trustee Bank of New York Mellon that the energy company had moved too late in redeeming the notes.
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May 8, 2013
Chevron, Noble Say Enbridge Pipeline Rates Are Too High
Chevron Products Co., Noble Energy Inc. and other petroleum makers asked the Federal Energy Regulatory Commission on Tuesday to reject proposed rates for the 500-mile Seaway crude oil pipeline run by Enbridge Inc. and Enterprise Products Partners LP's, arguing that the prices are unreasonably high.
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May 8, 2013
Bank Asks 9th Circ. To Junk $16M Verdict In Developer Row
Stearns Bank NA urged the Ninth Circuit on Wednesday to toss a $16 million judgment against it for allegedly breaching a real estate development contract, arguing that the trial judge gave faulty jury instructions that allowed the bank to be found liable for a federal agency's misconduct.
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May 8, 2013
Comcast Can Pursue Arbitration In Data-Retention Class Suit
An Illinois judge has allowed Comcast Cable Communications LLC to push into arbitration a proposed nationwide class action accusing it of illegally retaining customers’ personal information, including Social Security and credit card numbers, long after they have canceled their subscriptions.
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May 8, 2013
Ex-Waterford VP Fired To Avoid Incentive Payout, Suit Claims
A former vice president for Waterford Crystal's U.S. operations has sued the company and its private equity owner in New Jersey state court, alleging he was wrongfully fired because the company didn't want to pay an incentive fee it promised at his hiring.
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May 7, 2013
Music Publisher Can't Recoup Atty Fees In Royalties Row
A California state appeals court on Tuesday ruled that Motown's music publishing arm wasn't entitled to attorneys' fees of $640,000 in its royalties lawsuit victory over a soul musician's heirs because the company didn't move for the fees in the initial trial over copyright-misappropriation claims.
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May 7, 2013
QEP Puts Up $155M To Settle Gas Royalties Suit
The QEP Energy Co. on Tuesday urged an Oklahoma federal court to grant final approval to a $155 million settlement that would end claims from a class of landowners who say the company underpaid royalties on the production of fuel extracted from their wells.
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May 7, 2013
Sara Lee Defeats Distributors' Price-Fixing Claims
A California judge on Monday threw out antitrust class action claims alleging Sara Lee Corp. engaged in price-fixing, finding that its agreements with distributors gave it the right to negotiate the prices of its baked goods with retailers.
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May 7, 2013
BofA Win In $200M Loan Suit Upheld By NY Appeals Court
A New York state appeals court on Tuesday denied real estate mogul Joseph Moinian's motion to appeal the court's January approval of the dismissal of his case accusing Bank of America Corp. and others of conspiring with The Related Cos. LP to foreclose on and take control of his Manhattan building.
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May 7, 2013
Cushman Ordered To Fairly Bargain With Electrical Union
Cushman & Wakefield Inc. must bargain in good faith with a Delaware electricians union after a National Labor Relations Board administrative law judge on Monday said Cushman had violated federal labor law by negotiating to an impasse over internal union affairs, which aren't subject to mandatory bargaining.
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May 7, 2013
EU Nudges High Court With Slap Of Motorola In Apple IP Case
In its preliminary complaint against Motorola Mobility Inc., the European Commission on Monday detailed for the first time its criteria for antitrust disputes involving standard-essential patents, an unusual move perhaps aimed at influencing the European Union's highest court, which is currently weighing the issue.
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May 7, 2013
Marsh, Kroll Dodge Ex-Veep's Malicious Prosecution Suit
A New York federal judge on Tuesday granted bids by Marsh & McLennan Cos. Inc. and Kroll Associates Inc. to dismiss a suit brought by a former Marsh vice president alleging his ex-employer unfairly drew him into a bid-rigging and commission investigation that led to criminal charges.
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May 7, 2013
Citibank Wants $141M From Barclays For Lehman Losses
Citibank NA on Monday hit Barclays Bank PLC with a $141 million breach of contract suit in New York alleging the bank owes indemnity payments tied to losses on foreign-exchange settlement services provided to bankrupt Lehman Brothers Inc. at the height of the 2008 financial crisis.
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May 7, 2013
Canadian Health Officials Hushed Drug Research, Suit Says
A Canadian health economist on Monday sued British Columbia's health ministry, claiming it wrongfully terminated his research contract in order to suppress his findings that some anti-psychotic medications covered by the country's health system had harmful side effects.
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May 7, 2013
NJ Firm Double-Dipped In Contract Row, Malpractice Suit Says
New Jersey law firm Brach Eichler LLC has been hit with a legal malpractice suit in state court alleging it duplicitously represented both parties, an anesthesiology practice and an ambulatory surgery center, in their dispute over a medical services contract.
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May 7, 2013
'Dora' Actress, Viacom Settlement Stands, 2nd Circ. Says
The Second Circuit said Tuesday it would not reverse a settlement between Viacom International Inc. and the young actress who voiced the title character of its “Dora the Explorer” show, rejecting the girl’s complaint that her status as a minor was not properly considered.
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May 7, 2013
Starck-Led Design Firm Sues Developer Over Unpaid Fees
An interior design firm run by renowned French designer Philippe Starck sued Miami-based developer The Related Group of Florida and a development unit over allegedly unpaid fees for the firm's designs for three luxury condominium towers in Puerto Vallarta, Mexico.
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May 7, 2013
Ala. High Court Finds No Coverage For Faulty Work
Alabama's Supreme Court ruled Friday that American Resources Insurance Co. Inc. did not have a duty to defend a contractor against allegations of faulty work, deciding there had been no "occurrence" under the contractor's liability policy.
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May 7, 2013
Guggenheim Funding Must Return 4.8M Valerus Shares
A Texas judge has ruled that Guggenheim Corporate Funding LLC must release 4.8 million Valerus Compression Services LP shares after Valerus mistakenly traded a larger than anticipated equity stake in the oil and gas company for a $165 million credit facility, an attorney familiar with the case said Tuesday.
Expert Analysis
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6 HIPAA Rule Takeaways For Employers
At approximately one-half the length of "War and Peace," the recently published omnibus final rule can overwhelm in-house employment, benefits and privacy counsel trying to discern the rule’s practical implications for covered entities under the Health Insurance Portability and Accountability Act. Stepping back from this superabundance of detail, employers should review the six big-picture takeaways of this rule, says Philip Gordon of Littler Mendelson PC.
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The Devil Is In 'Where To Disclose' Supply Chain Details
While most compliance and supply chain professionals by now generally appreciate the California Transparency in Supply Chains Act’s objective and basic mechanics, a visit to the homepage of your favorite manufacturer or retailer is likely to reveal that there continues to be a surprising level of confusion over something exceptionally basic: namely, where the disclosure must be announced, say attorneys with Perkins Coie LLP.
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10 Things To Know Before Signing An IT Contract
In response to the health care industry's high demand in information technology products, the market has responded with a plethora of software, active server pages, software as a service and cloud-computing products. However, with these new products on the market, health care companies need to avoid entering into a disadvantageous contract and should review the 10 tips to keep their eye on the ball when acquiring new IT products, says Cynthia Stewart of Frost Brown Todd LLC.
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A Potentially Superior Way To Secure Lease Obligations
While the structure of a letter of credit is more complex than a traditional security deposit, a letter of credit could ultimately prove to be a superior form of security for a landlord over a traditional security deposit and is something a commercial landlord should consider, depending on the subject tenant and the complexity of the underlying transaction, say William Porter and Timothy Haughee of Lowndes Drosdick Doster Kantor & Reed PA.
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7 Resolutions For Legal Industry Marketing In 2013
The New Year is still in its infancy, and there is no better time to craft a list of professional resolutions. To ease into the process, consider seven easy steps for super-charging your marketing and communications efforts in 2013, says Michael Bond of Blattel Communications.
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Junior Lienholders And Cross-Collateralized Loans
For practitioners representing lenders and borrowers, the California Court of Appeal ruling in R.E. Loans LLC v. Investors Warranty of America Inc. presents several important lessons. First and foremost, lenders who want security for multiple loans secured by a single deed of trust must recognize that, absent an agreement to the contrary, each loan will be treated separately with regard to the rights of junior lienholders, says Mark Madnick of Robins Kaplan Miller & Ciresi LLP.
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A Look At 4th Circ.'s Take On Architectural Copyrights
In Charles W. Ross Builder Inc. v. Olsen Fine Home Building, the Fourth Circuit recently clarified what test for architectural copyright infringement it intends for courts under its jurisdiction to apply in similar circumstances. No test applies across the nation. So architectural copyright owners are put to their mettle to register with forethought, taking into account then-current, regional judicial precedents for resolving claims of infringement, says Mitch Tuchman of Womble Carlyle Sandridge & Rice LLP.
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What To Know When Investing In Energy Efficiency
Many financial institutions are trying to figure out ways to invest significant amounts of capital in energy efficiency as government incentives expire for renewable energy. Energy efficiency investments promise attractive financial returns, but potential investors should note the several obstacles to such investments, says James Berger of Chadbourne & Parke LLP.
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A Tenant’s Guide To Operating Expense Escalations
Charging a tenant for its pro rata share of a property’s operating costs is the most common way for a landlord to protect the profit margin that was carefully calculated into the basic rent set when the lease was executed. While this approach may seem straightforward, very often tenants are surprised when they receive the invoice for their share of operating expenses. Tenants should consider a number of steps to minimize exposure to unduly high increases, says Dena Cohen of Herrick Feinstein LLP.
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Preparing Your Witness To Be A Performer
How do we prepare a witness, a layperson having no training in the art of litigation, to give an effective and memorable performance? A number of tips, when incorporated into your practice of law, will surely strengthen your witness's presentation at deposition and trial and the overall merits of your case, says Erika Ronquillo of Marshall Dennehey Warner Coleman & Goggin PC.