The Second Circuit ruled Thursday that the Telephone Consumer Protection Act doesn’t allow consumers who consent to receiving calls as part of a contract agreement to revoke that permission, handing a major win to businesses in their efforts to quell a popular accusation that has fanned the rush of TCPA litigation in recent years.
The Texas Supreme Court agreed Friday to hear a would-be class action from borrowers alleging payday lender Cash Biz LP broke the law when it filed criminal charges against them for unpaid debts.
A New Jersey appeals court on Friday vacated a more than $1.4 million attorneys' fees award to counsel for Tangible Secured Funding in an equipment lease dispute with a medical imaging center, finding the award unreasonable in multiple respects, including because one of the company's lawyers was not licensed to practice in New Jersey.
A Florida federal judge Friday signed off on an agreement awarding a Trinidad and Tobago bottling company $1.08 million, after an international arbitrator found that its Panama business partner and bulk perfume purchaser failed to repay its $2 million investment.
A New Jersey state appeals court on Friday rejected a bid from home warranty companies to force a putative class action over consumer fraud and related allegations into arbitration, saying a contract did not clearly notify a customer that she was waiving her right to pursue her claims in court.
The former Snap Inc. employee who claims he was fired for raising concerns about the social media company’s user metrics ahead of its initial public offering fired back at the Snapchat maker’s attempt to force arbitration of his whistleblower suit, telling a California federal court Friday that the arbitration agreement he signed at hiring was unconscionable.
After a $3.2 million arbitral award was confirmed in its favor in a dispute with a dolphin park operator, a financial consulting company asked a California federal judge to award it more than $50,000 in attorneys' fees, saying it is entitled to them based on a contract between the parties.
R.J. Reynolds Tobacco Co. told a Delaware chancellor on Friday that ITG Brands LLC relied on tortured contract readings to support claims that time ran out on ITG’s duty to pursue and assume a $30 million yearly payment obligation to Florida to offset harms from tobacco sales.
The Texas Supreme Court on Friday was closely divided in a suit involving competing royalty claims, with a majority holding deeds must be interpreted according to the parties’ intent, not under “rigid, arcane” rules of deed construction.
A Georgia appellate court Thursday rejected a nursing home operator’s attempt to arbitrate wrongful death allegations brought by the daughter of a late patient, affirming a lower court’s finding that the arbitration agreement at issue was unenforceable because the deceased hadn’t signed it herself.
Bloomingdale’s has urged the U.S. Supreme Court to review the precedent set by California's high court in its landmark Iskanian ruling, which held that claims under the state's Private Attorneys General Act can’t be waived in employment arbitration deals, saying it created an “enormous loophole” in federal arbitration law.
The Texas Supreme Court ruled unanimously against Samson Exploration LLC on Friday and said the company must pay royalties for a gas well’s production to two pooled units of royalty owners, deciding a lower court was right to assert that contract law governed the overlapping obligation.
BNSF Railway Co. on Thursday asked a Washington federal judge to clarify a recent order disposing of one of the railroad’s defenses in a dispute over the right to ship crude oil across a Native American tribe’s land, saying the order could be read as more expansive than intended.
Top NBA agent Dan Fegan sued his former boss Hank Ratner for $30 million in California state court on Thursday over a purported “Machiavellian” scheme to force him out of Ratner’s agency Independent Sports and Entertainment.
The Fifth Circuit rejected the last efforts of a mathematician and an attorney found to have stolen high-frequency trading firm Quantlab Technologies Ltd.’s code to launch a competing firm, saying Thursday that Quantlab proved its code was a trade secret and fairly presented its damages proposal.
Fox Rothschild LLP has boosted its Morristown, New Jersey, office with a new litigation partner from Greenbaum Rowe Smith & Davis LLP with more than 20 years of experience representing real estate companies, technology firms and other businesses in court.
The Texas Supreme Court on Friday held Noble Energy Inc. must indemnify ConocoPhillips Co. for $63 million in environmental cleanup costs under an indemnity agreement that wasn’t disclosed when Noble’s predecessor bought oil and gas assets during a Chapter 11 bankruptcy.
A Fifth Circuit panel on Thursday agreed with Exxon Mobil that it did not owe damages to an insurance company stemming from losses the insurer had to cover when Exxon halted a propane contract because of a fire at a plant, deciding that the contract’s provisions specifically forbid recovery.
Aerospace and defense company Orbital ATK Inc. on Thursday slammed a German small arms manufacturer’s bid to arbitrate a $27 million suit over the manufacturer’s alleged failure to deliver weapons under a U.S. Army subcontract, arguing the German company is citing an arbitration clause from a separate agreement.
As construction on the luxurious Prive Island Estates condominiums nears completion just north of Miami, its developer has won a key ruling in Florida state court that neighboring homeowners acted too late to challenge his building rights, but the homeowners say the fight is far from over.
A Virginia federal court's recent decision in Volvo Group North America v. Truck Enterprises highlights how a factory right of first refusal can directly impede the sale of dealerships that have multiple franchises operating from the same dealership location, says Sara Decatur Judge of Burns & Levinson LLP.
The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.
One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.
Courts and companies continue to face challenges in determining whether a party can access patent prosecution communications in disputes between two joint owners, disputes between an employer-owner and an employee-inventor, and disputes with respect to a patent agent, say attorneys with Gibson Dunn & Crutcher LLP.
Most social media influencers are young and successful, a combination that can create great opportunity for your company, as well as major pitfalls. Some contract provisions can help keep things on track, says Neal Tabachnick of Wolf Rifkin Shapiro Schulman & Rabkin LLP.
Over the past several years, nonrecourse receivables financing has been embraced by many major financial institutions and nonbank investors in the U.S. market. Attorneys with Mayer Brown LLP outline some of the legal elements any prospective purchaser should be aware of before a purchase.
Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.
In Marex Financial Ltd. v. Carlos Sevilleja Garcia, the England and Wales High Court considered whether a claim in tort exists against a person who, anticipating a final judgment and freezing order, dishonestly asset-strips a corporation to ensure it cannot pay its judgment debt. This decision may lead to the creation of a valid tortious claim in asset dissipation, says Lincoln Caylor of Bennett Jones LLP.
One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.
Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.