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Commercial Contracts
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May 14, 2024
Venable Opens Colo. Office With 8 Sherman & Howard Attys
Venable LLP is growing its presence by opening its first office in Colorado, with eight commercial and employment attorneys from Sherman & Howard LLP opening its Denver location, which will be headed by partner-in-charge James "Jim" Sawtelle, the firm announced Tuesday.
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May 14, 2024
'Secret' Docs Show Samsung Breached Netlist Deal, Jury Told
An attorney for Netlist told a California federal jury Tuesday during opening statements in its breach of contract suit against Samsung that "secret documents" will show that the technology giant's executives gleefully sought to crush Netlist by cutting off its supply of crucial computer memory products.
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May 14, 2024
Holland Adds Healthcare Transactions Partner In Chicago
Holland & Knight on Tuesday announced the arrival of attorney John Saran on its healthcare transactions team, who joins after nine years at Ropes & Gray LLP.
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May 14, 2024
Boeing Can't Beat Rival's Trade Secrets Claim, 11th Circ. Hints
Counsel for Boeing attempted to convince the Eleventh Circuit on Tuesday that a rival aircraft company's bid to claim unjust enrichment amid a long-running U.S. Air Force contract fight should be barred by contract language that waived claims for damages stemming from Boeing's allegedly underhanded bidding tactics.
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May 14, 2024
Boeing Jury To Sift Through Failed Electric Jet Partnership
Washington-based Zunum Aero Inc. was soaring in 2017 when The Boeing Co. invested millions to propel development of a hybrid-electric or all-electric jet that the startup boasted could make air travel greener, faster and cheaper.
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May 14, 2024
Energy Cos. Don't Have To Clarify Financier Takeover Claims
The founders of several Houston energy companies don't have to clarify a state court complaint in which they accuse an equity shareholder and several companies he manages of a scheme to take over their companies and steal millions in their membership interests, a Texas state judge has ruled.
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May 14, 2024
Shire Settles Claims Over Alleged ADHD Generic Delay
Purchasers of the medication Intuniv have settled a years-old class action against drugmaker Shire PLC and manufacturer Actavis over allegations that the companies struck an anti-competitive deal to delay the production of a generic version of the attention-deficit/hyperactivity disorder drug.
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May 14, 2024
Biden Signs Bipartisan Russian Uranium Products Ban
A ban on the import of Russian uranium will be phased in beginning in August, following U.S. President Joe Biden's signing of bipartisan legislation.
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May 14, 2024
Katten Adds M&A Litigation Practice Chair From DLA Piper
Katten Muchin Rosenman LLP has added an experienced mergers and acquisitions partner from DLA Piper in Texas, the firm said Tuesday.
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May 14, 2024
Insurer Files Another Suit Over Firm's Malpractice Coverage
After dropping a complaint in Washington federal court seeking a declaration that it does not have to indemnify Harris Sliwoski LLP for potential malpractice liability related to a $31 million judgment, Evanston Insurance Co. filed a similar action in New York on Tuesday.
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May 13, 2024
11th Circ. Says Class Attys Self-Dealt In $35M TCPA Settlement
The Eleventh Circuit on Monday dismissed a proposed $35 million settlement of a class action alleging GoDaddy.com violated the Telephone Consumer Protection Act by sending unwanted marketing texts, saying the deal may have come by through nefarious means.
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May 13, 2024
Chamber Asks Texas Judge To Stop FTC Noncompete Ban
The U.S. Chamber of Commerce asked a Texas federal judge to issue a court order stopping the Federal Trade Commission's new noncompete rule from going into effect while litigation challenging the ban plays out, arguing the rule's enforcement would irreparably harm businesses and their employees.
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May 13, 2024
Whirlpool Service Plans Don't Guarantee Repairs, Suit Says
Whirlpool Corp. violates Washington consumer protection laws by selling extended service plans that give the company the option to buy back broken appliances instead of fixing them, according to a proposed class action filed in federal court.
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May 13, 2024
Student Loan Servicer Faces Suit Over Tax Form Data Breach
An education-focused subsidiary of payment processor Global Payments Inc. faces a proposed class action accusing it of negligence after it disclosed that part of its website allowed bad actors unfettered access to certain student tax documents for months at a time.
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May 13, 2024
Wash. Hospital Scores Exit In Facebook Privacy Suit, For Now
A Washington federal judge has tossed a proposed class action accusing a Seattle-area hospital of sharing patients' confidential health information by using Facebook browser tracking tools, ruling on Monday the plaintiff has failed to show that her own private information was input into the website and shared with a third party.
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May 13, 2024
6th Circ. Backs Toss Of Private Security Co.'s Stolen Info Suit
A Sixth Circuit Court of Appeals panel has sided with a private security company accused of partnering with a similar business and stealing trade secrets so it could flourish while the other one wilted, saying the plaintiff failed to support its allegations.
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May 13, 2024
Construction Co. Says Guatemala Can't Exit $31M Award Suit
A construction and engineering firm has asked a D.C. federal court not to toss its litigation to enforce $31 million in arbitral awards against Guatemala that arose from unpaid public works contracts, saying local courts already denied the country's claim the awards violate domestic law.
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May 13, 2024
50 Cent, GC Accused Of Federal Wiretap Violations
A liquor business consultant has told a New York state court that Curtis "50 Cent" Jackson and the rapper's general counsel violated federal and New Jersey wiretap statutes, after the court dismissed an earlier counterclaim lodged under the Illinois Eavesdropping Act.
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May 13, 2024
Florida State Fee Fight Frozen Pending Ruling By NC Justices
A North Carolina state judge has pressed pause on the Atlantic Coast Conference's lawsuit against Florida State University in their public showdown over media rights fees, finding that they can't plow ahead when a pertinent question about jurisdiction is before the state's top court.
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May 13, 2024
Bottling Co. Ends $2.7M Suit Against Fake Loan Brokers
A North Carolina bottling company has ended its lawsuit accusing two loan brokers of lying about their connection to a wealthy lender who ended up being a fraudster who took nearly $3 million from a business and its financier.
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May 13, 2024
Ariz. Casino Can't Claim Immunity In Discrimination Row
Sovereign immunity can't protect a Harrah's casino operated on Arizona Native American lands from a discrimination lawsuit filed by five former employees, a federal judge said, arguing that the for-profit corporation is formed under the laws of the state, not those of the tribal community.
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May 13, 2024
IBM Won't Get Jury Trial In $1.5B Chip Contract Fight
IBM can't present its claims that a microchip maker swindled it into entering into semiconductor contracts and never followed through to a jury, after a New York state court ruled that those contractual agreements contain enforceable waivers of jury trial rights.
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May 13, 2024
E-Rate Requests Aren't FCA Claims, Law Group Tells Justices
The Washington Legal Foundation urged the U.S. Supreme Court to decide whether reimbursement requests for the Federal Communications Commission's E-Rate program are "claims" under the False Claims Act, arguing that a Seventh Circuit ruling that answered in the affirmative threatens wide-ranging consequences beyond the E-Rate program.
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May 13, 2024
Diaz Reus Attys Dodge Sanctions Over Last-Minute Dismissal Bid
Citing a lack of good cause for sanctions, a south Florida federal judge determined Monday that shareholders in a Venezuela-linked bank cannot penalize Miami-based Diaz Reus & Targ LLP lawyers over allegations they delayed an expected October 2023 trial in a suit alleging the bank's directors breached their fiduciary duty.
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May 13, 2024
CFTC Sues Over $161M Cattle Ponzi Scheme After SEC Deal
The Commodity Futures Trading Commission has sued two Texas men who allegedly ran a $161 million Ponzi scheme involving cattle trading, saying investor cash lined the men's pockets and went to paying off obligations to previous investors.
Expert Analysis
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Expect CFPB Flex Over Large Nonbank Payment Cos.
A recent enforcement action and a new rule proposal from the Consumer Financial Protection Bureau indicate a growing focus on the nonbank payment ecosystem, especially larger participants, in 2024, say Felix Shipkevich and Jessica Livingston at Shipkevich.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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IRA Monetization Energizes Clean Power Tax Credit Market
Recent large sales of clean energy production tax credits reflect an environment in which the Inflation Reduction Act's provisions for monetizing such credits via direct transfer — bypassing slow, costly tax equity transactions — offer opportunities for both developers and investors, says Andrew Eastman at Husch Blackwell.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Pay Attention To Contract Law Tenets Amid AI Incorporation
Providers of information technology products and services are rushing to market with various generative artificial intelligence-based solutions and attempting to unilaterally amend existing agreements with their customers, but parties should beware that such amendments may be one-sided, say Jeffrey Harvey and Sharon Harrington at Hunton.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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New Legal Frameworks Are Instrumental For AI In Music
As artificial intelligence encroaches — or complements — the deeply human art of music making, creating harmony between law and technology will require all stakeholders in the music industry to provide input on intellectual property and ethical concerns, say Ariela Benchlouch and Gai Sher at Greenspoon Marder.
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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Rethinking Tech Contract Terms For Governance Of AI Use
Traditional considerations in technology deals are often inadequate for governing artificial intelligence use, which means lawyers should revisit and reimagine existing terms across the full spectrum of relevant contracts, ranging from procurement agreements and data licenses to customer agreements, say Marina Aronchik and Samuel Hartman at Mayer Brown.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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Best Practices For Defense Tech Startup Financing
Navigating the expanding and highly regulated defense technology sector requires careful planning and execution, starting at incorporation, so startups should prepare for foreign investor issues, choose their funding wisely and manage their funds carefully, say attorneys at WilmerHale.