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Commercial Contracts
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May 09, 2024
Chinese Tycoon In $500M Debt To Investors To Be Released
A Chinese cinema magnate who owes his investors more than $500 million will no longer be detained on immigration and campaign donor fraud charges, a New York federal court ruled Thursday.
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May 09, 2024
Houston Firm Can't Escape Litigation Funder's $2M Loan Suit
A Houston-based law firm doesn't have to turn over financial documents to a litigation funder that has alleged the firm failed to pay back a more than $2 million debt, but it does have to continue litigating the underlying matter, a state appeals court ruled Thursday.
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May 09, 2024
REIT Says Insurers Must Cover Antitrust Conspiracy Claims
A real estate investment trust accused its insurers of wrongfully denying coverage for an underlying multidistrict litigation alleging that the company was part of an antitrust conspiracy to inflate rents for multifamily housing, telling a Colorado federal court that the MDL falls plainly within multiple coverage parts of its policies.
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May 09, 2024
Bally Sports Parent Seeks OK For Renewed DirecTV Deal
The parent company of sports network operator Bally Sports has asked a Texas bankruptcy judge to approve renewed multiyear contracts with DirecTV, saying the revenue from the deal is a "critical component" of its post-Chapter 11 business plan.
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May 09, 2024
Caremark Can Seek Arb. In Oklahoma Tribe's Prescription Suit
An Oklahoma federal court judge has paused a dispute between the Muscogee (Creek) Nation and Caremark LLC until the pharmaceutical company can resolve a bid to compel the tribe into arbitration in an Arizona court over unpaid reimbursement claims.
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May 09, 2024
AT&T Appeals $57M Fine For Selling Customer Location Data
AT&T is appealing a $57 million fine from the Federal Communications Commission on allegations it failed to protect customer location data, calling the agency order an "abuse of discretion."
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May 09, 2024
Judge Mulls Twitter's Rent Intent In Colo. Eviction Fight
A Colorado state judge asked a Boulder landlord Thursday why Twitter's intent mattered when it stopped paying rent after being acquired by Elon Musk, as the landlord fights for access to records to rebut the social media company's wrongful eviction claims.
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May 09, 2024
FICO Blasts Discovery 'Sideshows' In VantageScore Suit
An Illinois federal judge handling antitrust claims targeting the credit-scoring market should disregard the "sideshows" customers lodged by requesting confidential settlement records and other documents that are too far removed from the case's core issues, Fair Isaac Corp. argued on Wednesday.
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May 09, 2024
NFL Player-Turned-Atty Can't Appeal After Contempt Deal
An appeal of a contempt-of-court order by NFL-player-turned-lawyer Walter Bernard is moot because the underlying dispute over unpaid rent has been settled and Bernard has been released from jail, the Pennsylvania Superior Court has ruled.
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May 09, 2024
Body-Sculpting Device Supplier Hit With Fraud Claims
A Massachusetts company that sells body-sculpting equipment tricks buyers into believing their operations will be unrealistically lucrative, and harms them with restraints on pricing and coercion against transferring their devices, according to a lawsuit in Connecticut state court.
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May 09, 2024
Mobile Carriers Pay $10M To End 50 AGs' Deceptive Ad Claims
A coalition of nearly all the country's state attorneys general on Thursday announced $10.25 million in settlements that AT&T, Verizon and T-Mobile have agreed to pay to end a multistate probe into the wireless carriers' allegedly misleading advertising practices.
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May 09, 2024
Justices Say Copyright Damages Can Go Beyond 3 Years
The U.S. Supreme Court concluded Thursday that plaintiffs in copyright ownership disputes can recover damages beyond the three-year statute of limitations for bringing a claim, rejecting Warner Chappell Music's argument that the only time that could happen is in cases involving fraud.
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May 08, 2024
Apple Judge Skeptical Tech Giant Complying With Epic Order
The California federal judge overseeing Epic's antitrust suit against Apple reacted skeptically Wednesday to an Apple executive's claim that it has fully complied with her order aimed at allowing app developers to send users to outside payment platforms, saying some of Apple's new rules appear to "stifle competition."
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May 08, 2024
Citibank Sued By Atty Over Fake Client Cashier's Check Scam
An attorney conned by a fake client and a counterfeit cashier's check sued Citibank in state court Wednesday, alleging it knew of other law firms that were similarly scammed and should have caught the fake check before she wired the funds from her client trust account into the scammer's pocket.
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May 08, 2024
BIA Tells 8th Circ. Energy Co. Can't Revive Lease Suit
The U.S. Department of the Interior's Bureau of Indian Affairs has asked the Eighth Circuit to uphold a North Dakota federal judge's dismissal of Prima Exploration Inc.'s oil and gas lease termination suit, saying the lower court correctly dismissed the case for failure to exhaust administrative remedies.
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May 08, 2024
Lyft Driver Asks Calif. Justices To OK Intervening In PAGA Suit
An attorney for a Lyft driver who sued the company under the Private Attorneys General Act urged the California Supreme Court on Wednesday to find her client has standing to intervene in a competing PAGA Lyft case that reached a settlement, saying the deal threatened to "extinguish" her client's rights.
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May 08, 2024
Google Fights Subpoena On Texas Amid Ad Tech MDL
Google is urging a New York federal judge overseeing sweeping multidistrict litigation over the tech giant's alleged monopoly in digital advertising to stamp out a subpoena seeking discovery from Texas in related litigation in the Lone Star State.
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May 08, 2024
Water-Damaged Conn. Hotel Sues Insurer For More Coverage
A Connecticut hotel took Sompo America Insurance Co. to state court after the insurer only partially covered substantial water damage that forced the newly opened lodge's closure and purportedly offered "nonsensical" justifications for denying full coverage.
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May 08, 2024
Film Investor Wins $19M Verdict Against Producer
A Canadian film producer was hit Wednesday with a more than $19 million jury verdict after he failed to show up at trial in Florida federal court over claims he allegedly defrauded an investor out of millions of dollars meant to fund several productions.
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May 08, 2024
Trashing Of IP Case Wrongly Cut Atty Fees, Del. Justices Told
An attorney for a client who saw all claims against him dropped before trial in a suit focused on allegedly purloined trash-handling trade secrets urged Delaware's Supreme Court on Wednesday to reverse the Chancery Court's purported failure to hear his attorney fee claim.
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May 08, 2024
Robins Kaplan File Flub Bad Look For Both Sides, Panel Says
A Manhattan appeals panel expressed concern Wednesday that Robins Kaplan LLP had poked through an opposing party's Dropbox database that was accidentally shared in investor litigation, while also criticizing the other side for failing to catch the error.
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May 08, 2024
Cannabis Law Firm Accused Of $5M Error In Pot Shop Deal
A cannabis retailer has sued Vicente LLP in Massachusetts state court, alleging the law firm negligently drafted an amendment to a purchase agreement that prevented the company from recovering nearly $5 million in damages when the deal fell through.
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May 08, 2024
Conn. Justices To Hear McCarter & English Damages Demand
The Connecticut Supreme Court has accepted a certified question from a federal district court judge in McCarter & English LLP's yearslong fee feud with a former client, agreeing to decide whether the firm can recover punitive damages after years chasing Jarrow Formulas Inc. and winning a jury verdict last year.
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May 08, 2024
Judge OKs American University's $5.4M COVID Tuition Deal
A D.C. federal judge gave the final nod to a $5.4 million deal resolving class action claims brought by American University students seeking tuition refunds after the school pivoted to remote learning during the early days of the COVID-19 pandemic.
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May 08, 2024
Conn. Builder Drops $4.7M Stamford Pavilion Delay Suit
A Connecticut general contractor has dropped its lawsuit accusing the city of Stamford and an architecture practice of causing delays in a $4.7 million project and driving up the building company's costs as it tried to build a pavilion in a city park.
Expert Analysis
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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.
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Microplastics At The Crossroads Of Regulation And Litigation
Though there are currently not many federal regulations specifically addressing microplastics as pollutants, regulatory scrutiny and lawsuits asserting consumer protection claims are both on the rise, and manufacturers should take proactive steps to implement preventive measures accordingly, say Aliza Karetnick and Franco Corrado at Morgan Lewis.
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How EB-5 Regional Centers Can Prepare For USCIS Audits
In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.
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As Arbitrator Bias Claims Rise, Disclosure Standards Evolve
The growth in post-award challenges based on arbitrators' alleged conflicts of interest has led to the release of new guidance and new case law on the topic — both supporting the view that professional familiarity alone does not translate to a lack of impartiality, say attorneys at Skadden.
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How Cos. Can Protect IP In Light Of FTC Noncompete Rule
While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.
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Setting Goals For Kicking Corruption Off FIFA World Cup Field
The unprecedented tri-country nature of the 2026 men's World Cup will add to the complexity of an already complicated event, but best practices can help businesses stay on the right side of anti-corruption rules during this historic competition, say Sandra Moser and Emily Ahdieh at Morgan Lewis.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Do Not Overstate Fla. Condo Termination Ruling's Impact
A close look at the unique language at issue in Avila v. Biscayne, in which a Florida appellate court deemed a condo termination to be invalid, shows that the case is unlikely to significantly affect other potential terminations, say Barry Lapides and Edward Baker at Berger Singerman.
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Drafting Calif. Cannabis Management Services Agreements
Meital Manzuri and Alexis Lazzeri at Manzuri Law explore the ways in which management services agreements function in the California commercial cannabis industry, and highlight a few specific terms and conditions that are crucial when drafting these agreements.
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In Energy Disputes, Good Arbitration Clauses Are Key
Recent trends have spawned many complex energy disputes that cross jurisdictional boundaries — but arbitration offers an optimal forum for resolving such matters, especially when arbitration provisions in contracts are tailored for the energy sector, say Scott Marrs at Akerman and Andrew Barton at the American Arbitration Association and the International Centre for Dispute Resolution.