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Commercial Contracts
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September 23, 2024
Helicopter Co. Used Code Names To Oust Supplier, Jury Hears
Under the code name "Project Cicada," Fort Worth-based Bell Helicopter Textron Inc. worked for years to replace California-based digital avionics equipment supplier Rogerson Aircraft Corporation with a competitor, a jury heard in a Texas state court Monday, using Rogerson's trade secrets to prep the rival for the eventual shift.
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September 23, 2024
Gordon Rees Gets Insurer's Wash. Malpractice Suit Trimmed
A Washington judge issued a mixed order in a lawsuit brought by the insurer for a climbing equipment manufacturer over allegations that misconduct by a Gordon Rees Scully Mansukhani LLP attorney — coupled with another insurer's decision to yank coverage — forced the manufacturer into a settlement over a climber's fall.
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September 23, 2024
Petco, Shareholders Battle In Chancery Over Controller Clout
Attorneys for Petco Health & Wellness Co. Inc. face an "uphill battle" in branding as "wrongly decided" a landmark Court of Chancery ruling earlier this year that struck down an agreement giving a company's controlling stockholder board-trumping power, Delaware's chancellor cautioned on Monday.
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September 23, 2024
Toyota Accused Of 'Rotten' Forklift Emissions Compliance
Toyota has been misrepresenting the true emissions levels of the engines in its forklifts and construction machinery, leading businesses to believe the engines were far more environmentally friendly than they actually were, according to a proposed class action filed in California federal court.
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September 23, 2024
Medical Records Co. Accused Of Blocking Data Access
A company that helps insurance providers access patient data on Monday accused medical records company Epic Systems Corp. of violating antitrust law by using its monopoly over electronic health records to squash an emerging competitor.
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September 23, 2024
Paxton Urges Firearms Ban Reversal Before State Fair Opens
Texas Attorney General Ken Paxton asked a state appeals court Monday for emergency relief prohibiting the State Fair of Texas from enforcing its new policy banning firearms on fairgrounds, writing that the entity is "forcing thousands of law-abiding Texans to choose" between their constitutional rights and attendance at the state tradition, which opens Friday.
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September 23, 2024
Del. Justices Uphold Bankrupt Byju's US Lender Takeover
A panel of Delaware Supreme Court justices on Monday affirmed a lower court's ruling that the American arm of Indian educational technology business Byju's was in default under a $1.2 billion loan and that lenders had the authority to install new directors.
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September 23, 2024
Adjuster Has No Duty To Insured In La. Hurricane Row
A Louisiana federal judge ruled Monday that an insurance adjuster can't be dragged into a third-party demand by a nursing facility property owner over Hurricane Ida damage to its New Orleans location, finding that only "in very rare circumstances" would the adjuster have any duty to an insured.
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September 23, 2024
Jury Finds MGA Owes T.I. $71.4M For Ripping Off IP With Dolls
A California federal jury handed rapper T.I. a victory Monday in the third trial over his claims against MGA Entertainment, awarding his side more than $71.4 million in compensatory and punitive damages for infringing the trade dress and publicity rights of the OMG Girlz pop group he co-owns with seven of MGA's O.M.G. dolls.
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September 23, 2024
Boston Globe Secures Key Depo In Exec's Firing Suit
A Massachusetts state judge has OK'd The Boston Globe's request for a subpoena it hopes will show a fired executive had a habit of questionable corporate spending.
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September 23, 2024
Mass. General Asks Court To End Fat Removal Patent License
Massachusetts General Hospital is asking a judge to rule that a patent license agreement for a fat removal system it developed has been terminated, after the licensee allegedly defaulted on its payment obligations.
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September 23, 2024
Natural Gas Co. Must Pay $6.8M To Ex-Trader In Bonus Fight
A Colorado state judge has entered a $6.8 million judgment against a natural gas marketing company for its failure to pay an ex-trading director a bonus on lucrative trades he made during a 2021 winter storm, a sum that includes more than $2.5 million in penalties for the company's intentional violation of a state wage law.
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September 23, 2024
Warner Bros. Fights To Keep NBA Streaming Suit In Court
Warner Bros. Discovery, whose subsidiary has been a broadcast partner with the National Basketball Association since 1988, has told a New York state court that the league acted in bad faith in structuring its new $76.7 billion rights deal specifically to circumvent a contractual matching rights clause.
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September 23, 2024
Security Co.'s Fatal Shooting Suits Not Covered, Insurer Says
An insurer has said it doesn't owe coverage to a security guard service company in underlying negligence lawsuits stemming from a fatal shooting that occurred at a North Carolina truck stop where the company staffed security guards, citing certain policy exclusions.
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September 23, 2024
Davis Polk Vows Ex-Clerk Won't Touch Crypto Merger Suit
Local counsel for Galaxy Digital Holdings Inc. has told a Delaware vice chancellor that Davis Polk & Wardwell LLP will ensure that an incoming associate who clerked for the state's Supreme Court won't share information with attorneys defending the digital assets company in a merger suit that the state's highest court revived in May.
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September 23, 2024
Holland & Knight Adds Former Treasury Adviser In DC
A former adviser for the U.S. Department of the Treasury and counsel for the Consumer Financial Protection Bureau has moved his practice to Holland & Knight's office in Washington, D.C., the firm announced Monday.
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September 23, 2024
Hawaii Judge Says Tenants Must Arbitrate Water Pollution Suit
The named plaintiffs in a proposed class of Hawaii tenants must arbitrate the individual claims in their water contamination case against a landlord while their other claims are paused, an Aloha State federal judge has ruled.
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September 23, 2024
Conn. Reaches $5M Deal To Resolve Vision Solar Case
Connecticut is asking a judge to sign off on a judgment that would impose a $5 million civil penalty against Vision Solar LLC to resolve the state's unfair trade practices complaint against the bankrupt company.
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September 20, 2024
Arbitration Unlikely For Nursing Home Poison Death Suit
A California state appeals court has all but affirmed the denial of arbitration in a suit alleging a nursing home caused the poisoning death of a resident who was mistakenly served industrial cleaner left in a pitcher, saying the trial court must first review the validity of the arbitration agreement.
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September 20, 2024
T.I.'s Fight With MGA Over Pop Group IP Goes To Jury Again
An attorney for hip hop moguls T.I. and Tiny Harris told a California federal jury during closing arguments Friday that "common sense" should lead them to find that MGA Entertainment's line of O.M.G. dolls infringed the trade dress and misappropriated the name, likeness and identity of the OMG Girlz pop group.
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September 20, 2024
Judge Won't Toss Fraud Suit Against Crypto-Forex Co. Execs
A Florida judge decided that the CEO and a founding shareholder of purported foreign exchange currency broker FxWinning Ltd. have sufficient ties to Florida to keep them among the defendants of a suit alleging the business and its operators perpetrated a multimillion-dollar fraud.
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September 20, 2024
5th Circ. Says Tribunal Properly Slashed $10.6M Gas Award
A lower court improperly vacated an arbitral tribunal's decision slashing some $4 million from a $10.6 million award issued to a Colorado-based exploration company following a dispute over a Cameroonian natural gas project, the Fifth Circuit ruled Thursday in a published opinion.
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September 20, 2024
FERC Opens Enbridge Rate Probe Amid Overcharging Fears
The Federal Energy Regulatory Commission has opened a rate probe into a gas pipeline co-owned by Enbridge Inc. and DT Midstream, saying the pipeline may be overcharging its customers.
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September 20, 2024
JPMorgan Chase Sued Again Over Cash 'Sweep' Program
JPMorgan Chase & Co. was hit with another proposed class action in California federal court claiming the bank's cash sweep investment program funnels customer funds into low-interest bearing accounts at its affiliate Chase Bank, a move that benefits the financial giant while depriving customers of the chance to earn the market-rate interest.
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September 20, 2024
Entrepreneur Says Partners Stiffed Him On Testing Site Deal
A Pittsburgh entrepreneur says he had a deal with three Omaha, Nebraska-based businessmen to help them open COVID-19 testing labs in Ohio and Pennsylvania in the early days of the pandemic, but is still owed $2 million, according to a lawsuit filed Friday in Pennsylvania state court.
Expert Analysis
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No AI FRAUD Act Is A Significant Step For Right Of Publicity
The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Unpacking The New Russia Sanctions And Export Controls
Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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5 Lessons For SaaS Companies After Blackbaud Data Breach
Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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2nd Circ. Ruling Will Guide Social Media Account Ownership
The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.
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Assessing The Future Of Colorado's Economic Loss Rule
The Colorado Supreme Court's decision to review a state appellate court's ruling in Mid-Century Insurance Co. v. HIVE Construction will significantly influence the future of Colorado's economic loss rule, with high stakes for the cost of doing business in the state, says David Holman at Crisham & Holman.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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What To Know About RWI In Acquisition And Divestiture Deals
As a slower pace of merger activity turns underwriters toward new industries, representations and warranties insurance policies are increasingly being written for acquisition and divestiture energy deals, making it important for contracting parties to understand how the RWI underwriting process works in this new sector, say attorneys at Haynes Boone.
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Freight Forwarders And Common Carriers: Know Your Cargo
Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Key Considerations For Evaluating An AI Vendor
As artificial intelligence technology advances across industries, businesses can mitigate risks, while maximizing the value of their investment, by evaluating technology, expertise, support services, transparency and more when selecting an AI vendor, say Rahul Kapoor and Shokoh Yaghoubi at Morgan Lewis.
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A Closer Look At Novel Jury Instruction In Forex Rigging Case
After the recent commodities fraud conviction of a U.K.-based hedge fund executive in U.S. v. Phillips, post-trial briefing has focused on whether the New York federal court’s jury instruction incorrectly defined the requisite level of intent, which should inform defense counsel in future open market manipulation cases, say attorneys at Lankler Siffert.