The Supreme Court of Texas on Friday denied a mandamus petition filed by a baking soda manufacturer that had sought to nix a $500 fine it received for allegedly violating a restraining order temporarily put in place by a judge overseeing contract litigation between the manufacturer and its former wholesaler.
Citadel Plastics and its former private equity backers urged the Delaware Chancery Court on Friday to nix fraud claims from A. Schulman Inc., which purchased the company for $800 million, arguing the case is simply an overblown contract dispute.
The Supreme Court of Texas on Friday agreed to hear oral arguments on whether a state appeals court improperly cut $4.2 million in awarded damages from Horizon Health Corp.’s successful employee poaching suit against a competitor and former executives who switched teams.
The Texas Supreme Court on Friday declined to hear a dispute between legal recruiter Debra Hren and Recruiting Partners GP over a fee-splitting agreement involving the placement of a former Baker Botts LLP partner, leaving in place a lower court's ruling that Hren had no individual right to sue.
Apple accused Qualcomm on Friday in California federal court of illegal business practices, overcharging Apple “billions of dollars” in royalties, withholding nearly $1 billion in rebates and trying to extort Apple after it cooperated in a Korean regulator’s investigation into the chipmaker’s licensing practices.
An Eleventh Circuit panel’s unpublished opinion Friday revived a bid by a U.S. Department of Veterans Affairs general contractor and its insurer sureties to recoup attorneys' fees on a dropped subcontractor suit alleging shorted payment, concluding the law doesn’t limit attorneys' fees from such suits only to subcontractors.
A putative class of consumers has settled claims accusing Lowe's Home Centers and Armstrong Flooring of selling laminate flooring with dangerous levels of formaldehyde, according to papers filed Friday.
The Sixth Circuit on Friday affirmed a Michigan federal court's ruling that two insurers don't have to defend a project engineering firm in litigation over a fatal explosion at a wastewater treatment plant where it supervised upgrades, finding that coverage is barred by exclusions in both policies for claims stemming from the firm's professional services.
A New Jersey judge on Friday declined to disqualify Kaufman Dolowich & Voluck LLP from representing two divisions of the same company embroiled in litigation with a former executive, ruling that the now-ousted CEO didn’t prove the the entities had conflicting interests.
American International Group Inc. on Thursday failed to convince a Hong Kong appeals court to take up its challenge to an arbitration award canceling its rights to a $475 million deposit on an aircraft leasing unit following a botched sales agreement, instead drawing a scolding that its application was "totally without merit."
A California federal court on Thursday ruled Hewlett Packard Enterprise Co. must face a claim for vicarious copyright infringement in Oracle International Corp.’s suit alleging HP support companies distributed copyrighted Oracle code.
A lawyer representing the Sloan Kettering Institute on Friday urged a New York federal judge to keep alive a sanction bid against counsel for a gene therapy company that sued the cancer researcher, despite the recent dismissal of the underlying lawsuit.
A group of insurers for a steel company urged an Alabama federal judge on Thursday to reject a bid by a unit of General Electric Co. to send their claims to arbitration in Germany, saying the company has litigated for too long to invoke its rights.
The Texas Supreme Court on Friday declined for a second time to hear a dispute between patent-holding company Parallel Networks LLC and Jenner & Block LLP over a lower court's decision that an agreement allowed the firm to drop its representation of Parallel and still receive $3 million in fees.
A consumer accusing DNA testing company Gene by Gene of illegally posting the results of customers' genetic tests on public websites asked an Alaska federal judge Wednesday to certify a class of nearly 900 individuals whose information was allegedly exposed, calling the dispute a “textbook case” for certification.
Blecher Collins & Pepperman PC on Thursday told a California judge it had reached a settlement resolving a military products consultant's $50 million malpractice suit accusing the firm of bungling a contract dispute, ending the parties' jury trial just after their opening statements.
The incoming president’s plans to rein in the power of federal agencies will lead to uncertainty for lawyers and their clients as pending investigations and rulemaking are stopped in their tracks.
A new look at the potential U.S. Supreme Court nominees’ rulings reveals a ranking of judicial influence with some surprises at the top — and at the bottom.
Jones Day’s Donald McGahn is stepping into the role of White House counsel, a powerful but little-understood position that has a strong history of impacting the president’s authority.
The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.
By not allowing Section 316(b) to be used to disrupt an out-of-court restructuring, the Second Circuit in Marblegate recognized the clear importance of business-oriented consensual restructurings to the detriment of nonconsenting bondholders. The court’s recent ruling also has the potential to be a trap for the unwary indenture trustee, says Karol Denniston of Squire Patton Boggs LLP.
The U.S. Department of Justice’s position on music licensing will — and is intended to — reinforce the current system of collective licensing of performance rights. Permitting partial withdrawal while also requiring full-work licensing would be a more pro-competitive policy, say Thomas Lenard of the Technology Policy Institute and Lawrence White of the NYU Stern School of Business.
While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.
Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.
The new intellectual property licensing guidelines from the Federal Trade Commission and the U.S. Department of Justice — the first update in more than 20 years — largely adopted the revisions proposed last August. Despite requests during the comment period, the agencies did not make any changes to address standard-essential patents directly, say Kelly Smith Fayne and Joshua Holian of Latham & Watkins LLP.
Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.
Choice-of-law rules for the perfection and priority of a security interest in “securities credited to a securities account” will change on April 1, 2017, when the Hague Securities Convention comes into effect. Edwin Smith and Alan Beloff of Morgan Lewis & Bockius LLP describe what steps secured parties may need to take now for existing secured transactions and in planning for new ones.
After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.
Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.
In this episode of Fashion Counsel, Arent Fox LLP partner Anthony Lupo and retail consultant Steve Birkhold (former CEO of Lacoste, Diesel, BEBE and Earl Jeans) discuss factory outlets — the nation’s fastest developing retail sector. Increasingly, outlets are “destination centers,” offering entertainment and amenities, not just retail stores. But they may raise special legal issues for participants.