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Commercial Contracts
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September 20, 2024
Morgan Law, Morgan & Morgan Ad Spat Breaks Open Again
National personal injury firm Morgan & Morgan PA is back in court with a rival Florida-based firm with a similar name, alleging that Morgan Law Group PA is once again poaching its search engine keywords in violation of a 2020 settlement between the two firms.
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September 20, 2024
Mandarin Oriental Can Proceed With COVID Coverage Suit
A New York federal judge declined to toss a COVID-19 business interruption lawsuit by luxury international hotel chain Mandarin Oriental, holding that the chain sufficiently alleged that its loss was caused by an infectious disease under the terms outlined in its "all risks" policy.
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September 20, 2024
HCA Presses For NC Attorney General's Merger Review Docs
HCA Healthcare is demanding North Carolina Attorney General Josh Stein turn over certain public records pertaining to his office's review of a 2019 hospital merger at the center of a compliance case, saying they aren't privileged or otherwise protected under work-product.
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September 20, 2024
Off The Bench: Favre Flops, Dolan Escapes, Betting Cos. Sued
In this week's Off The Bench, retired quarterback Brett Favre can't revive a defamation suit against fellow NFL Hall of Famer Shannon Sharpe, New York Knicks owner James Dolan is spared from federal sex-trafficking claims, and two sports-betting giants face new suits over their use of MLB player images.
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September 20, 2024
Tribe's Stateless Status Undoes $1.9M Construction Suit
A Massachusetts federal judge on Thursday tossed a New York construction company's $1.9 million lawsuit against the Mashpee Wampanoag Tribe, finding the tribe's stateless position leaves the court with no jurisdiction to decide the case.
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September 20, 2024
Marketing Firm Says NC Pot Shop Dropped Ownership Deal
A North Carolina marketing firm is suing a cannabis shop in state court, alleging the shop's owner breached a contract that would've seen the marketing firm get 49% ownership of the shop for helping to boost its sales.
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September 20, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen crypto exchange Binance face a new claim from the co-founder of SO Legal, a U.S. immersive art company take on a Bristol venue for copyright violations and Blake Morgan LLP hit with a pension schemes claim by The Trust for Welsh Archeology. Here, Law360 looks at these and other new claims in the U.K.
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September 20, 2024
Steel Biz Investors Sue Atty Over 'Father-Son'-Like Conflict
A Pennsylvania couple have filed a malpractice suit accusing a lawyer of helping a steel distribution company induce them into investing about $800,000 and defrauding them, saying the attorney didn't disclose his relationship with the company's owners and "father-son"-like bond with one of them.
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September 20, 2024
FTC Accuses Drug Middlemen Of Raising Insulin Prices
The Federal Trade Commission on Friday accused the three largest pharmacy benefits managers, Caremark Rx, Express Scripts and OptumRx, of artificially inflating insulin prices by relying on unfair rebate schemes that hurt competition.
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September 19, 2024
Mistrial Avoided In MGA's 3rd Round With T.I. In IP Saga
A California federal judge declined to order a mistrial Thursday in the intellectual property dispute between MGA Entertainment and hip-hop moguls Clifford "T.I." Harris and Tameka "Tiny" Harris, but he issued a curative instruction to jurors after MGA objected to statements made by an attorney for the Harrises.
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September 19, 2024
Bank Raises Contract Shield In E-Merchants' $12M Suit
Bank Pathward Financial Inc. asked a federal judge Thursday to nix claims against it in a lawsuit brought by two online merchants who alleged that the bank and its partner payment company misrepresented fees and their compliance with card network rules, saying the merchants' claims stem from a contract that clears Pathward of liability.
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September 19, 2024
Texas Judge Seeks More Info In $150M Ukrnafta Award Feud
A Texas magistrate judge on Thursday ordered Ukraine's largest oil company to turn over bank statements as he grapples with a bid by U.S.-based Carpatsky Petroleum Corp. to bar the Ukrainian company from draining those accounts, part of Carpatsky's long-running effort to enforce a $150 million arbitral award.
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September 19, 2024
Dallas Judge's Ruling Leaves State Fair Gun Ban Intact
A Dallas County judge upheld in a Thursday ruling the State Fair of Texas's new rule banning handguns on its premises, rejecting an injunction attempt that would have struck down the rule on the grounds that the fair takes place on government property.
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September 19, 2024
Potomac Law Group Adds Morgan Lewis Partner
A former Morgan Lewis & Bockius LLP real estate attorney has joined Potomac Law Group, framing the move as a strategic shift out of BigLaw amid a "sluggish" transactional environment.
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September 19, 2024
Insurance Mogul Takes $166M Arbitration Loss To 4th Circ.
Convicted insurance mogul Greg Lindberg is looking to overturn a $166 million arbitral award favoring defunct Dutch life insurer Conservatrix after a North Carolina federal judge found the proceedings were conducted fairly.
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September 19, 2024
Insurer Must Cover Fatal Motorcycle Crash, Could Owe $12.5M
A Florida federal court ordered an insurer to pay up to its policy limits in a case that could cost it nearly $12.5 million after a delivery driver for a Chinese restaurant made an illegal turn on a Florida interstate, hitting and killing a motorcyclist in 2018.
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September 19, 2024
Fla. Panel Backs Simon Option On Closed Boca Raton Sears
A split Florida appeals court has sided with Simon Property Group in backing a trial court ruling that the owner of a Boca Raton mall has a right to buy a vacant Sears store after Seritage Growth Properties pitched a redevelopment plan out of line with a 1980s easement.
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September 19, 2024
Crypto Exchange Must Refund Bitcoins, But In 2013 Dollars
A New York judge held Thursday that bygone cryptocurrency exchange Bitfloor improperly failed to return more than 200 of its customers' bitcoins upon shutting down in 2013, but said damages will be limited to the dollar value of the digital assets over a decade ago.
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September 19, 2024
Consultant Ducks Contempt In Fight Over Packaging Patent
An inventor facing allegations of abusive patent behavior by the packaging company for which he previously consulted has dodged a civil contempt finding after a North Carolina federal judge found he was not in violation of an injunction barring him from making false infringement claims.
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September 19, 2024
9th Circ. Won't Revive Hilton Builder's $7.5M Insurance Suit
Two insurers for a construction company have no duty to provide coverage for a more than $7.5 million water damage claim, the Ninth Circuit ruled Thursday, finding a rain damage exclusion in the company's policies is applicable.
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September 19, 2024
Conn. Justices Wonder How 'Malicious' Firm's Ex-Client Was
The Connecticut Supreme Court on Thursday questioned whether an ex-McCarter & English LLP client was "wanton" and "malicious" enough to justify the firm's novel $3.6 million punitive damages bid in a protracted billing dispute that has already fetched the firm judgments totaling more than $2 million on contract claims.
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September 19, 2024
Dish Concocted Issues To Escape $10M Contract, Suit Says
A company contracted by two Dish Network units to build cabinets for the telecom company's equipment says Dish manufactured problems with the cabinets in an attempt to escape the $10 million contract, according to a Colorado federal complaint seeking damages over the scuttled deal.
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September 19, 2024
No Coverage For Santander Shareholder Suit, Allianz Says
Allianz told a Massachusetts federal court that it doesn't owe coverage to Santander Holdings for an underlying class action brought by shareholders over the company's $2.5 billion deal to take its consumer finance entity private, arguing that multiple exclusions bar coverage for claims arising from the transaction.
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September 19, 2024
Nantucket Festival Owner Says Rival Exploiting Discovery
The longtime operator of a wine and food festival on Nantucket says a competitor who started a similarly named event is now trying to take advantage of a court order by making "improperly broad and harassing discovery requests" to further undermine her business.
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September 18, 2024
MGA Threatens Mistrial In O.M.G Dolls IP Fight With T.I.
An attorney for MGA Entertainment and its CEO told a California federal judge Wednesday that his clients may seek a mistrial in the intellectual property dispute between MGA and hip-hop moguls T.I. and Tiny Harris, which could end the third jury trial between the parties.
Expert Analysis
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A Refresher On Alcohol Sponsorships Before The Super Bowl
As millions of people will see in Super Bowl commercials Sunday, celebrity sponsorships continue to be a valuable tool for alcohol beverage marketers — and those looking to better target audiences must understand how regulation of the alcohol industry affects these deals, say attorneys at McDermott.
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Compliance Tips On State Automatic Renewal Contract Laws
Brian Casey at Locke Lord and Travis Moore at the Service Contract Industry Council consider the challenges in operationalizing compliance faced by extended warranty businesses and whether extended warranties are exempt from laws covering automatic renewal contracts.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Considering A Practical FRAND Rate Assessment Procedure
As the debate over a fair, reasonable and nondiscriminatory rate continues inside and outside courtrooms, a practical method may assess whether the proposed FRAND rate deviates significantly from what is reasonable, and ensure an optimal mix of assets for managers of standard-essential patent portfolios, says consultant Gordon Huang.
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How Poor Governance, Weak Contracts Harm Cannabis Cos.
Decades into cannabis decriminalization and legalization, many companies in the industry still operate on a handshake basis or fail to keep even minimally required records, which can have devastating effects and lead to costly, business-killing litigation, says Griffen Thorne at Harris Bricken.
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How Biotech Cos. Can Utilize Synthetic Royalty Financing
Synthetic royalty transactions have been on the rise as a funding structure for biotechnology companies, but questions have arisen surrounding how such transactions work, and structuring them correctly requires a nuanced understanding, say Todd Trattner and Ryan Murr at Gibson Dunn.
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Key Maritime Law Issues In 2024: Election-Year Unknowns
In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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Key Maritime Law Issues In 2024: Environmental Challenges
In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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How Biotech Deals May Help Competition, Despite FTC View
The Federal Trade Commission's complaint against Sanofi's proposed partnership with Maze Therapeutics highlights increasing skepticism of so-called killer acquisitions, but a closer look reveals potentially legitimate reasons behind why entities might decide to delay or abandon the development of acquired products, say consultants at Analysis Group.
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Key Maritime Law Issues In 2024: Geopolitics And Sanctions
Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.