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Commercial Contracts
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May 22, 2024
NFL Escapes Sanders Statue Spat As Getty Eyes Arbitration
The NFL has escaped a New York federal lawsuit filed by a professional photographer who claims his copyrighted photo was unlawfully used to create a statue of legendary running back Barry Sanders, while Getty Images Inc. hopes to settle through arbitration.
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May 22, 2024
Tax Biz Sues Wayfair In Del. For Unpaid Tax Savings Delivery
Texas-headquartered consultant Ryan Tax Compliance Services LLC on Wednesday sued Wayfair LLC in Delaware's Superior Court, accusing the online consumer goods giant of failing to pay more than $1.8 million in fees after Ryan delivered $7 million in tax payout savings over three years.
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May 22, 2024
Fla. Judge Won't Pause Russian Planes Coverage Suit
A Florida judge on Wednesday refused to pause an aircraft leasing company's coverage suit for $700 million worth of airplanes reappropriated by Russian airlines after the Ukraine war began, denying a request by some of the company's insurers to wait until litigation in the U.K. is resolved.
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May 22, 2024
Wells Fargo Tries 2 Tactics To Get Overdraft Fee Suit Bounced
Wells Fargo is arguing to a South Dakota federal judge that customers suing as a potential class fully knew they were subject to penalties when they bounced checks, and that an arbitration clause obligates them to handle disputes outside court.
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May 22, 2024
Ill. Justices Weigh Zurich's Right To Recover $3M Flood Loss
The Illinois Supreme Court weighed Wednesday whether Zurich American Insurance Co. can recoup $3 million from a subcontractor for water damage repair costs the insurer paid to a general contractor despite Zurich filing suit on behalf of a different insured.
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May 22, 2024
Del. Justices Reverse BitGo-Galaxy Merger Suit Dismissal
Delaware's Supreme Court on Wednesday reversed the dismissal of a lawsuit that cryptocurrency wallet provider BitGo Holding Inc. filed against digital assets firm Galaxy Digital Holdings Inc., remanding the dispute over their broken $1.2 billion merger back to Chancery Court to resolve multiple "ambiguities."
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May 22, 2024
Daughter Sues Over Oil Co. Family's 'Looting Campaign'
Two relatives of Westmore Fuel Co. Inc.'s late co-founder are plundering the company to edge out his successors, the daughter of a co-founder claims in a Connecticut state court complaint aiming to dissolve the firm.
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May 22, 2024
Insurance Co. Says Ex-Underwriter 'Lured' Away Colleagues
An insurance brokerage and its affiliate have accused a former high-ranking company official of decamping for a competitor and encouraging colleagues to follow suit, according to a complaint designated Wednesday to North Carolina Business Court.
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May 22, 2024
Boeing Can't Use Belated Patent Defense In Startup's IP Trial
A Washington federal judge has rejected The Boeing Co.'s last-minute bid to tell a jury that its patents preempt claims it misappropriated an electric jet startup's intellectual property, saying it would be unfair to allow previously unpled affirmative defenses now that the trial is underway.
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May 22, 2024
'Pump-And-Dump' Claims Sputter In 'Disorganized' RICO Suit
A Michigan federal judge on Tuesday freed multiple defendants accused of funding a "pump-and-dump" scheme, saying a company suing over shareholders' alleged $3 million losses couldn't prove that the defendants made any plans together, while taking jabs at both sides' "disorganized" filings.
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May 22, 2024
OSU Strikes Deal To Resolve Ex-Prof's Gender Bias Suit
Ohio State University reached a tentative deal Wednesday with a former marketing professor to end her lawsuit accusing the school of firing her for working with outside clients while male colleagues escaped retribution, a notice in federal court said.
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May 22, 2024
Data Storage Co. Says Seagate Stole Info For New Product
New Jersey data storage company Access Optical Networks Inc. has sued competitor Seagate Technology LLC in California state court, alleging its rival stole trade secrets to advance development of a new storage product — all while pretending to want to develop a business relationship with AON.
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May 22, 2024
Twitter Must Turn Over Records In Eviction Fight
A Colorado state judge has ordered X Corp., formerly Twitter, to produce records in a lease dispute related to its alleged decision to not pay rent to a Colorado landlord, but found it's not necessary at this point for the social media company to turn over documents about other leases.
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May 22, 2024
Honeywell Rival Sues To Ward Off 'Meritless' Litigation Threat
A Japanese manufacturer is suing to put a stop to what it described as an "aggressive threat of litigation" by Honeywell International Inc. in the conglomerate's long-running crusade to protect its patents for barcode scanners, calling Honeywell's latest claim "unwarranted and meritless."
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May 22, 2024
LA Investor Sues Greenberg Glusker Over 'Appalling' Filings
A Los Angeles investor has filed a suit against Greenberg Glusker and two of its partners for allegedly bungling his defense in an underlying suit brought by his stepson, accusing the firm of sharing a draft complaint prior to filing and including inaccuracies and unnecessary personal attacks in another filing, while also pressuring him to accept a bad settlement.
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May 21, 2024
BNSF Judge Said Trespass Payout Will Be Distance-Based
BNSF Railway Co. will have to give up profits from at least part of its 1,500-mile oil shipment route to compensate a Washington tribe for nearly a decade of train trespassings across a less-than-mile-long easement, a federal judge ruled Monday.
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May 21, 2024
Texas Panel Says Mallory Ruling Has No Home There
A Texas appellate court has upheld a ruling preventing a Dallas car repair services company from litigating a trade secrets case there against a Michigan rival over allegedly hiring away a former executive, holding that the U.S. Supreme Court's Mallory decision last year doesn't do much in Texas.
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May 21, 2024
Pacific Seafood Beats Crab Price-Fixing Claims, For Now
A California federal magistrate judge on Tuesday dismissed a proposed class action claiming Pacific Seafood fixed the price paid to fishers for Dungeness crab in the Pacific Northwest but will allow the fisherman who filed the suit the opportunity to amend most of his claims.
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May 21, 2024
Bungie's Code Copying Claims Questioned At Seattle Trial
A top product security engineer at Bungie told a Seattle federal jury on Tuesday that a hacker accused of exploiting a popular game to make cheat software likely never had access to the game's source code and acknowledged the game company hasn't seen the cheat code that it claims amounts to copyright infringement.
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May 21, 2024
Realtors Want Rethink After DOJ Antitrust Probe Allowed
The National Association of Realtors has asked the D.C. Circuit for a rehearing after the appeals court found the U.S. Department of Justice can reopen an antitrust investigation into the trade group despite an earlier agency settlement over the association's rules.
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May 21, 2024
Calif. Justices Doubt App-Based Drivers' Prop 22 Challenge
Several California Supreme Court justices pushed back Tuesday against arguments by ride-hailing drivers that the Proposition 22 ballot measure carving out certain app-based workers from a worker classification law unconstitutionally runs afoul of the Legislature's authority, with one justice saying their position could "freeze out" voter-approved initiatives.
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May 21, 2024
Toll Bros. Lobs Legal Malpractice Claims At Gordon Rees
Luxury home builder Toll Bros. Inc. has filed legal malpractice and breach of contract claims against Gordon Rees Scully Mansukhani LLP, claiming that the California-based firm didn't comply with discovery obligations, among other failures while representing Toll Bros. in a dispute over a project in Washington state.
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May 21, 2024
Medical Marijuana Co. Owes Investor Duo $200K, Suit Says
A pair of would-be investors in a purported medical marijuana company have sued the enterprise and two of its representatives, claiming repayment of their $200,000 investment was over five months overdue.
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May 21, 2024
DC Circ. Says Drugmakers Can Limit Pharmacy Discounts
The D.C. Circuit held Tuesday that a federal drug discount program does not bar manufacturers from restricting deliveries of discounted drugs to contract pharmacies, rejecting the U.S. Department of Health and Human Services' expansive interpretation of the 340B drug pricing program.
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May 21, 2024
LoanDepot's $3.5M Deal In IPO Disclosure Suit Gets Final OK
A California federal judge has granted final approval to LoanDepot's $3.5 million settlement in a suit alleging it misled investors leading up to the company's initial public offering, despite a shareholder's objection that the settlement is insufficient.
Expert Analysis
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What The Justices' Copyright Damages Ruling Didn't Address
While the U.S. Supreme Court’s recent ruling in Warner Chappell v. Nealy clarified when a copyright owner may recover damages in jurisdictions that apply the so-called discovery rule, it did not settle the overriding question of whether the Copyright Act even permits applying the rule, say Ivy Estoesta and William Milliken at Sterne Kessler.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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7 Effects Of DOL Retirement Asset Manager Exemption Rule
The recent U.S. Department of Labor amendment to the retirement asset manager exemption delivers several key practical impacts, including the need for managers, as opposed to funds, to register with the DOL, say attorneys at Ropes & Gray.
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Del. Rulings Make Clear That 'Arbitrator' Isn't A Magic Word
Recent decisions by the Delaware Chancery Court clarify that calling a process an "expert determination" or "arbitration" in a purchase agreement is not sufficient to define it as such, so practitioners must consider how to structure dispute resolution provisions to achieve their clients’ desired result, say attorneys at Troutman Pepper.
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Protecting IP May Be Tricky Without Noncompetes
Contrary to the Federal Trade Commission's view, trade secret law cannot replace noncompetes' protection of proprietary information because intellectual property includes far more than just trade secrets, so businesses need to closely examine their IP protection options, say Aimee Fagan and Ching-Lee Fukuda at Sidley.
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A Look At FERC's Plan To End Reactive Power Compensation
A recent notice of proposed rulemaking indicates that the Federal Energy Regulatory Commission is likely to eliminate compensation for reactive power within the standard power factor range — causing significant impacts for the electric power industry, which relies on income from providing this service, say Norman Bay and Matthew Goldberg at Willkie and Vivian Chum at Wright & Talisman.
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8 Legal Issues Influencing Investors In The Creator Economy
The rapidly expanding digital creator economy — funding for which more than doubled in the U.S. in the first quarter — comes with its own set of unique legal issues investors must carefully consider before diving in, say Louis Lehot and Alan Pate at Foley & Lardner.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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IP Considerations For Companies In Carbon Capture Sector
As companies collaborate to commercialize carbon capture technologies amid massive government investment under the Infrastructure Investment and Jobs Act, a coherent intellectual property strategy is more important than ever, including proactively addressing and resolving questions about ownership of the technology, say Ashley Kennedy and James De Vellis at Foley & Lardner.
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What's Notable In JAMS' New Mass Arbitration Rules
The Judicial Arbitration and Mediation Services’ recently released guidelines, coming on the heels of similar American Arbitration Association amendments, suggests that mass arbitrations will remain an efficient means for consumers to vindicate their rights against companies, say Jonathan Waisnor and Brandon Heitmann at Labaton Keller.
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How New Rule Would Change CFIUS Enforcement Powers
Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Breaking Down 4th Circ. Pendent Appellate Jurisdiction Ruling
As illustrated by the Fourth Circuit's recent decision in Elegant Massage v. State Farm, denying class certification and granting a motion to dismiss, federal appellate courts continue to struggle with defining the scope of pendent appellate jurisdiction — or jurisdiction over nonfinal orders below, says Joan Steinman at the Chicago-Kent College of Law.
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FTC Noncompete Rule May Still Face Historical Hurdles
The Federal Trade Commission's final rule banning noncompetes might face challenges that could have been avoided with more cautious consideration of the commission's long history of failed lawsuits that went beyond the agency's statutory authority, as well as the mountain of judicial precedent justifying noncompete agreements in employment contracts, say attorneys at BakerHostetler.