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Commercial Contracts
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March 14, 2024
US Urges High Court To Deny Petition In Soccer Antitrust Row
The U.S. solicitor general told the U.S. Supreme Court on Thursday that it should deny the U.S. Soccer Federation's efforts to stave off an antitrust lawsuit, saying the plaintiff correctly showed that the American organization worked with the international governing body to restrict certain events.
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March 14, 2024
DraftKings' Employment Feud With Former VP Heats Up
The battle between DraftKings and one of its former vice presidents intensified in Massachusetts federal court Thursday, with the online sportsbook sharpening its allegations of corporate espionage and the erstwhile executive calling to wipe out the suit entirely.
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March 14, 2024
Colo. Surgery Center Can't Undo Contract Breach Verdict
A Colorado appellate panel saw no reason to disturb a jury's half-million-dollar verdict finding a surgery center breached a contract with a management firm and failed to pay for work outside the contract, concluding that even if jurors got the wrong instructions, they wouldn't have made a different decision.
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March 14, 2024
Chancery Sends Drone-Maker's Claim To Sister Court
A Delaware vice chancellor handed off to a regular civil court Thursday remaining claims in drone-maker Teal Drones Inc.'s suit accusing a software supplier and its owner of wrongly pulling the plug on Teal's license for autonomous-flight programming, after tossing claims against the supplier itself.
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March 14, 2024
Game Developer Seeks Class Cert. In Valve Antitrust Case
Developer Wolfire Games is asking a Seattle federal judge for class certification in its consolidated antitrust suit against online game seller Valve, saying discovery has brought abundant evidence that the platform uses its most-favored-nation clause to stifle competition and maintain monopoly power.
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March 14, 2024
Mass. High Court Says Tufts Win In Tenure Case 'Premature'
Tenured professors at Tufts University whose salaries were slashed under a newly enacted requirement that they bring in at least half their income through research grants will have another chance to prove those pay cuts undermine academic freedom, Massachusetts' highest court said Thursday.
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March 14, 2024
Water Treatment Co. Must Face Rival's Trade Secrets Suit
A Tennessee federal judge has found that certain issues in a trade secrets suit against industrial water treatment service company ChemTreat need to go before a jury, shooting down arguments including that no trade secret was adequately identified.
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March 14, 2024
Locke Lord Must Face Oil Co.'s Malpractice Suit In NJ
A New Jersey state judge rejected Locke Lord LLP's attempt to evade an oil company's malpractice suit alleging that the firm and one of its former attorneys mishandled a transaction involving an oil refinery project in North Dakota, causing the company to lose $2.5 million
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March 14, 2024
Italy Fines TikTok €10M For Harmful Content
Italy's antitrust authority fined TikTok €10 million ($11 million) on Thursday for failing to protect children from potentially dangerous content on the platform.
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March 13, 2024
Jury Awards Photog $3.1M In Licensing Fight Against Otter
A Colorado federal jury has said a California photographer is entitled to about $3.1 million in a copyright suit after finding that cellphone case maker Otter Products LLC wrongly copied various images.
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March 13, 2024
Versata Wants Axed $105M Ford Verdict Revived Or Expanded
Versata Software has urged the Federal Circuit to undo a Michigan federal judge's decision erasing a nearly $105 million trade secrets and breach of contract verdict it won against Ford, and argued that it was wrongly barred from presenting damages theories seeking up to $1.3 billion.
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March 13, 2024
NJ Justices Craft Framework For Support Pet Accommodation
The New Jersey Supreme Court on Wednesday outlined how courts should assess accommodation requests for emotional support animals, reviving condo owners' claims that they were entitled to keep a dog more than double the weight limit allowed under the condominium association's policy.
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March 13, 2024
Hospital Manager Cements $3.5M Gabon Arbitration Award
The Gabonese Republic must pay a $3.5 million arbitration award obtained by an Austrian healthcare management company, a D.C. federal judge ruled after the central African nation failed to appear in court.
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March 13, 2024
Dodging Attempt Doesn't Invalidate Service, 3rd Circ. Told
A consulting firm suing a construction company for failing to pay for its services related to a separate lawsuit against the U.S. Department of Veterans Affairs told a Third Circuit panel Wednesday that it served process to the defendant, in spite of the principal's alleged attempts to dodge service.
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March 13, 2024
Judge Connolly Ends Chipmaker's Case Against IP Edge
Delaware's top federal judge has decided to brush aside arguments from California chipmaker Power Integrations that multiple agreements "not to sue" that it had obtained from a consortium of patent litigation outfits led by IP Edge were legally "meaningless."
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March 13, 2024
Fla. Restaurateur Says Seller Broke $7.3M Colo. Home Deal
A Miami restaurateur is suing an Aspen family trust for allegedly pulling out of a deal for him to buy a $7.3 million property in the Colorado mountain town, claiming they had no right to terminate the deal over their failure to obtain a demolition permit.
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March 13, 2024
Health Plan Provider's Settlement Notice Costs Not Covered
An insurer has no duty to indemnify a health insurance provider for notice costs incurred in a class action over denied medical benefits, a Montana federal court ruled, finding that the costs do not constitute "claim expenses" under the provider's errors and omissions policy.
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March 13, 2024
Ala. Hotelier Says Insurer Must Cover Fire Damage
A Montgomery, Alabama, hotel owner said an insurer must cover a property-destroying fire under a $13 million policy, telling a New York federal court the insurer made "no attempt whatsoever" to meet its obligations despite the hotelier having met all conditions under the policy.
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March 13, 2024
Texas Firm Sues Filevine Over Software Contract
A personal injury law firm in Texas is seeking $300,000 in damages and court fees from Filevine Inc., alleging in a federal complaint that the company took too long in implementing a case management software platform for the sole practitioner.
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March 13, 2024
Patriots Owner Flags $2M Lien On 'Useless' Skydiving Facility
The real estate business of New England Patriots owner Bob Kraft asked a Massachusetts judge to discharge a $2 million mechanic's lien on a defunct indoor wind tunnel and skydiving attraction at a shopping center next to the football team's stadium.
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March 13, 2024
EB-5 Suit Says Hotel Project Tricked Non-English Speakers
A real estate investment company is facing a proposed class action in California federal court alleging it took advantage of immigrant investors' limited English by fraudulently making them agree that the company and an Embassy Suites project could keep their investments indefinitely.
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March 12, 2024
Manufacturer Spars With Ex-Officers Over Case Dismissal
A polyethylene foam manufacturer says showing professional courtesy shouldn't mean it doesn't have its day in court, asking during oral arguments Tuesday for a Texas state appeals court to reverse a decision to end its case against two of its former executives for want of prosecution.
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March 12, 2024
Wells Fargo Can Arbitrate Cardholders' Suit, Conduent Can't
New Mexico residents who claim Wells Fargo mishandled reports of fraud involving their state-issued debit cards will see their proposed class action claims against the bank sent to arbitration — but their claims against a third-party contractor can stay in court, a federal magistrate judge has determined.
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March 12, 2024
Contractor Seeks Arbitration In $3M Guam Military Base Fight
An electrical contractor has petitioned a Guam federal court to order a California-Japanese joint venture that had hired it for a project to improve U.S. military facilities to arbitrate their dispute related to nearly $3 million in allegedly unpaid costs.
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March 12, 2024
Daiichi Urges Court To OK Arbitrator's Award Against Seagan
Japanese drugmaker Daiichi Sankyo has asked a Seattle federal judge not to toss an arbitral award refusing Seagen Inc.'s claims for billions of dollars in a dispute over cancer drug patents, saying the U.S. biotech company has incorrectly lodged a petition to vacate the award.
Expert Analysis
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How Construction Industry Can Help Mitigate Wildfire Impact
The recent uptick of wildfires across North America has resulted in renewed calls for construction job site changes and increased management of sites in order to mitigate the risk of outbreaks and workers' exposure to hazardous air quality, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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Minn. Noncompete Ban May Add To Nat'l Venue Choice Tangle
With federal courts already split on which laws govern choice-of-venue clauses in noncompete agreements, the new Minnesota statute that bans noncompetes and empowers workers to void any employment contract that requires out-of-state adjudication will complicate compliance for multistate employers, says Sarah Tishler at Beck Reed.
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Tips For AI-Assisted Coding Amid Open-Source Theft Claims
A California federal court's recent decision allows anonymous coders to pursue claims for alleged breach of open-source software licenses by artificial intelligence coding tools, making clear that the legal implications of using such tools are still a matter of dispute, say Dan Jasnow and Matthew Finkelstein at ArentFox Schiff.
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NY Court Sends Mixed Signals On Contested Foreclosure Law
Although New York's Appellate Division, Second Department, has avoided addressing the constitutionality and retroactive application of the Foreclosure Abuse Prevention Act, its conflicting pattern of applying FAPA to existing cases is creating confusion regarding the future of the law, say Christopher Gorman and John Muldoon at Abrams Fensterman and litigation support analyst Robert Marx.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Texas Construction Statute Of Repose Leaves Open Questions
Texas' new significantly shorter statute of repose barring certain suits against construction contractors contains some ambiguous wording that will likely raise questions to be decided by courts, says Mason Hester at Munsch Hardt.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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NY, NJ Regs Give Clarity To Cannabis Investors, Ancillaries
Proposed laws and regulations in New York and New Jersey would clarify some previously murky legal waters, thus expanding the ability of investors, lenders and ancillary service providers to work with marijuana business in these states, say David Waxman and Heidi Urness at McGlinchey Stafford.
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What Revised FTC Guides Mean For Influencer Campaigns
The Federal Trade Commission’s recent updates to its endorsement guides will affect influencer campaigns in several key ways, including how and when influencers should make disclosures, and how companies should manage campaigns, says Gonzalo Mon at Kelley Drye.
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IP Toolbox Is Crucial In AI-Powered Drug Discovery
The era of using artificial intelligence for drug research and development demands a new kind of vigilance around intellectual property rights, as drug discovery companies embark on collaborations with large pharmaceutical companies, say Sonal Agarwa and Shabbi Khan at Foley & Lardner.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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How To Avoid Flopping When Flipping Fla. Real Estate
As land prices rise, Florida real estate developers are increasingly contracting to flip property to other purchasers for a profit, and they should carefully consider the unique risks and issues associated with the different forms that the process can take, says Gary Kaleita at Lowndes.
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New Law Will Upend Washington's CBD Industry
Though many questions remain on a Washington law set to go into effect this month that will require retailers to obtain licensure to sell federally legal CBD, the statute’s economic impacts are sure to be enormous, says Jack Scrantom at Harris Bricken.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.