A Colorado federal magistrate judge has partly granted a sanctions motion brought by timeshare owners against Marriott Vacations Worldwide Corp., saying the company made a mistake when it failed to hand over key evidence in the mass action claiming it caused the owners' property values to plummet.
The Tenth Circuit has undone an Anadarko Petroleum Corp. unit's victory in a suit brought by Colorado landowners alleging the company's drilling method constituted trespassing, saying a lower court wrongly expanded Anadarko's rights to use the land to drill for oil and gas underground.
A New York state judge has refused to dismiss a German bank's $45 million fraud suit against investment manager Lynn Tilton, saying it was different enough from the U.S. Securities and Exchange Commission's failed case against her that it should be allowed to advance.
A bellwether merger appraisal appeal, a spotlight on “enhanced” director independence, a trial over a mega-merger meltdown and an appeal from a rare deployment of the “implied covenant” in a contract dispute all lay ahead as 2019 opens in Delaware’s Chancery and Supreme Courts.
International arbitration attorneys will be keeping a close eye on Dutch proceedings involving former Yukos shareholders as they continue their fight to revive their historic awards totaling $50 billion against Russia, a case in which the U.S. Supreme Court will weigh in on who decides whether an arbitration agreement can be enforced and other proceedings that could affect international arbitration for years to come.
Texas’ fights to end the Deferred Action for Childhood Arrivals program and hold opioid manufacturers to task for alleged deceptive marketing will continue to make legal waves in 2019, while Texas Attorney General Ken Paxton is yet again waiting out a potential trial on securities fraud charges.
New Jersey businesses will enter 2019 bolstered by a slew of state high court victories in 2018, which ushered in stricter litigant witness guidelines in mass torts targeting pharmaceutical giants like Hoffmann-La Roche Ltd., along with a tougher burden-of-proof standard in consumer protection class actions against retailers.
The Texas Supreme Court said Friday that a Compass Bank client waited too long to notify the bank after a fraudster cleaned out his account, adding that the customer, a resident of Mexico, can’t use missing bank statements to excuse his delay in reporting the loss.
The Texas Supreme Court on Friday revived a paramedic training company's claims that a former employee smeared its reputation while violating a nondisclosure agreement, holding it had shown enough evidence of damages to defeat a dismissal bid under a state free speech law.
A group of competition authorities in four countries on Thursday seconded the European Commission's concerns about the planned merger of Siemens AG's and Alstom SA's railway businesses.
Stericycle Inc. disclosed Wednesday that it has reached a proposed $45 million deal to settle a putative class action in Illinois federal court that claimed the waste disposal company falsely inflated its financial results through fraudulent pricing.
A business owner continued to urge the U.S. Supreme Court to grant his petition in a challenge to a Utah Supreme Court ruling that his suit alleging extortion by Ute Indian Tribe officials must first be heard in tribal court before it can proceed in state court.
Condé Nast accused Mutual Insurance Co. of reneging on its policy coverage obligations over the media company's $13.75 million settlement with a class of magazine subscribers who said their customer data was sold without their consent, according to a lawsuit filed in New York state court Thursday.
PNY Technologies has urged a New Jersey federal court to deny a bid to confirm a $7.7 million arbitration award in favor of Chinese flash drive maker Netac Technology Co. Ltd. in a long-running patent dispute, claiming it shouldn't have to pay the royalty payments that comprise the award.
A Massachusetts federal judge has tossed a lawsuit accusing a Massachusetts resident of improperly backing out of a deal to sell approximately $40 million worth of shares in her late father's Swedish company, leaving it to a Swedish court to decide whether to enforce an underlying arbitration agreement.
NBCUniversal, Sony Pictures and Warner Bros. have offered to get rid of anti-competitive movie deals in an effort to end an antitrust investigation, after Disney and Paramount made similar concessions, the European Commission announced Thursday.
A Texas appellate court wiped out a $12.7 million jury verdict in favor of a company that designs and manufactures heavy equipment for the offshore oil industry, holding Thursday that the enterprise failed to present any evidence tying its lost profits to actions taken by the would-be business partner it sued.
Bill O'Reilly's $10 million lawsuit accusing his former wife's attorney of fraud was dismissed on Wednesday by a New York appeals court, which found that the onetime Fox News host had waited too long to bring his action.
The U.S. Department of Treasury on Thursday proposed rules to treat income from the sale of a foreigner's interest in a U.S. partnership as taxable U.S.-sourced income, counter to a U.S. Tax Court decision that mandated the opposite result.
Delaware’s Supreme Court justices aimed sharp and sometimes skeptical questions Wednesday at a Chancery Court ruling that gave minority investors in William Koch’s Oxbow Carbon LLC clearance to force a sale of the multibillion-dollar business to pay for a buyout of their investment.
More than 12 million people have submitted their DNA for analysis to various genealogy companies such as Ancestry.com or 23andMe. But what if they don’t want that DNA shared with third parties? Based on current law, there is little that can be done about it, say Franklin Zemel and Ariel Deray of Saul Ewing Arnstein & Lehr LLP.
In conjunction with Texas' litigation-curbing measures introduced in 2015, a state appellate court's recent decision in Mosaic v. 5925 Almeda, denying a condo owners association standing to sue for construction defects, may reduce the number of such lawsuits, says Pierre Grosdidier of Haynes and Boone LLP.
The Delaware Chancery Court's recent decision in Akorn v. Fresenius has been widely reported because the court, for the first time, found that a target company had suffered a “material adverse effect.” But the 246-page opinion is also a primer on how the court may interpret numerous standard provisions in merger agreements and in corporate contracts generally, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.
Fierce brainpower was on show Monday at the U.S. Supreme Court, where the justices seemed likely to deliver a business-friendly outcome in two separate cases under the Federal Arbitration Act — even though this would require treating the FAA’s blind enforcement of arbitration agreements as sacrosanct in one instance while undermining it in another, says Scott Oswald of The Employment Law Group PC.
By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.
Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.
A Virginia federal court's recent ruling in Steves and Sons v. Jeld-Wen opens the possibility that a U.S. court would permit divestiture as a remedy in private litigation for a merger already closed years before, says Derek Dahlgren of Rothwell Figg Ernst & Manbeck PC.
Due to the serious construction labor shortage in Tampa, Florida, owners and contractors need to ensure that their written contracts account for the possible effects of debilitating labor shortages upon the rights of parties and the health of their projects, says Gary Schaaf of Becker & Poliakoff PA.
Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.
Smart contracts could enable parties to enter into binding contractual commitments that are decoupled from the legal system. Key questions to explore, however, include how nontechnical parties will negotiate code-based contractual agreements, and how the agreements will be amended or terminated, says Moshe Malina of Citigroup Inc.