Commercial Contracts

  • September 13, 2019

    Apple Slammed As 'Modern Tape Pirate' In New Copyright Suit

    The rights-holder to the works of a renowned composer called Apple and two other companies “modern tape pirates” in a copyright suit filed Friday in California federal court, saying the iTunes store sources music from distributors and record companies that don’t own the rights.

  • September 13, 2019

    Venable Sacks Ex-NFL Player's Suit Over Mayweather Fight

    A California state appellate court has shot down a former NFL linebacker’s suit alleging that Venable LLP mishandled his investment in a Floyd Mayweather Jr. boxing match, ruling Thursday that he lacked standing to sue because the firm never dealt with him but rather with a limited liability company that handled his money.

  • September 13, 2019

    Union Wins Strikedown Of 2 Benefit Plan Terms In ERISA Row

    A New York federal judge invalidated two provisions in a pair of union benefit plans that made it difficult to remove trustees, ruling Friday that the terms interfered with the union's ability to comply with the Employee Retirement Income Security Act's plan oversight standards. 

  • September 13, 2019

    Tennis Star Osaka Escapes Trainer's '20% Of Everything' Suit

    Tennis superstar Naomi Osaka has prevailed over a former coach suing her for 20% of everything she's worth after a Florida state judge said the contract in question was clearly unenforceable because Osaka was 15 when her father signed it.

  • September 13, 2019

    PG&E Pledge Won't End FERC-Bankruptcy Court Tug Of War

    Pacific Gas and Electric Co.'s pledge to honor its power purchase agreements as it moves through Chapter 11 may ease the minds of the utility's contracted electricity suppliers, but it won't douse the simmering legal fight over whether bankruptcy courts or the Federal Energy Regulatory Commission get to determine the fate of such contracts.

  • September 13, 2019

    Tech Co. Gets $500K Over Soured Knights Of Columbus Deal

    A federal jury in Denver found Thursday that the Catholic fraternal organization and insurance company Knights of Columbus breached a national deal with a tech vendor and must pay $500,000.

  • September 13, 2019

    FTC Clears $160M Pipeline Deal After Noncompete Nixed

    The Federal Trade Commission has withdrawn its challenge to Nexus Gas Transmission’s plan to pick up an Ohio pipeline for $160 million after the company agreed to drop a noncompete clause from the deal, the agency said Friday.

  • September 13, 2019

    Stormy Daniels' Suit Over Trump NDA Is DOA In Calif. Court

    A California judge on Friday rejected Stormy Daniels' bid to keep alive a state court suit seeking a declaration that her nondisclosure agreement with Donald Trump over a purported affair is void, but said the adult film actress can still seek attorney fees.

  • September 13, 2019

    Sater Can't Arbitrate Money Laundering Claims, NY Court Told

    The Kazakh city of Almaty and one of the country’s banks told a New York federal court Thursday that Felix Sater cannot pause a suit accusing him of helping to launder about $440 million in stolen money while a related arbitration is ongoing.

  • September 13, 2019

    J&J Trims Claims From Colo. Man's Hernia Mesh Suit

    Johnson & Johnson and its Ethicon unit escaped warranty and consumer protection claims brought by a Colorado resident alleging he was injured by a hernia mesh implant, a New Jersey federal judge has ruled.

  • September 13, 2019

    Contractor Should Face Ex-NFLer's 'Dream House' Suit: Judge

    A Massachusetts federal judge has recommended that a contractor should not escape a former NFL player's suit alleging it infringed on his copyright after building his dream home, saying the record suggests the player still owned the rights to the house when the contractor moved to sell it.

  • September 13, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a Russian state-owned bank drag the chairman of a former FIFA World Cup contractor to court, property developers sue Barclays over a swaps dispute and Kuwait's public pension hit its former director with a commercial fraud suit. Here, Law360 looks at those and other new claims in the U.K.

  • September 12, 2019

    Vectura Gets $10M Added To $90M Inhaler IP Award

    A Delaware federal judge on Thursday granted British pharma company Vectura's request for $10.5 million in supplemental damages in a case in which a jury found GlaxoSmithKline willfully infringed a patent covering inhalers, though the judge denied Vectura's bid for an additional $33 million in enhanced damages.

  • September 12, 2019

    Sears Escapes $88M In Deductions From Sale Deal

    A New York bankruptcy judge has shot down attempts by Sears buyer ESL Holdings to collect more than $88 million from the bankrupt company for alleged violations of their $5.2 billion sale deal.

  • September 12, 2019

    Writers Guild Blasts 'Misrepresentations' By Talent Agencies

    The Writers Guild of America is pushing back on claims that it’s delaying litigation in its attack on fee structures used by major Hollywood talent agencies, telling a California federal court it’s trying to find an orderly way to hash out competing antitrust allegations in three related cases.

  • September 12, 2019

    2nd Circ. OKs Awards For Soured South Korean Satellite Deal

    The Second Circuit on Thursday confirmed two arbitral awards issued to a Bermuda-based satellite operator in a dispute stemming from a politically fraught transaction with a South Korean satellite communications provider, saying the arbitrators did not exceed their authority or disregard the law.

  • September 12, 2019

    Zion Williamson's Onetime Agent Seeks To Shut Down Suit

    The sports management company suing No. 1 NBA draft pick Zion Williamson for $100 million has moved to shut down the young basketball star’s own suit against it, arguing the North Carolina federal court Williamson sued in lacks jurisdiction because he was never a citizen of the state.

  • September 12, 2019

    Kanye West Drops Quinn Emanuel For Bird Marella In EMI Suit

    Rapper and producer Kanye West has ditched Quinn Emanuel Urquhart & Sullivan LLP as his representation in a case in New York federal court involving his longtime music publisher EMI and switched to attorneys with Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • September 12, 2019

    Door Co. Fights Rival's 4th Circ. Appeal Of Divestiture Order

    Interior door maker Steves and Sons told the Fourth Circuit that a Virginia federal court was right in forcing its competitor Jeld-Wen Inc. to sell off part of a Pennsylvania factory it has acquired in order to resolve antitrust concerns.

  • September 12, 2019

    5th Circ. Says ERISA Trumps Tenn. Medical Bill Dispute Law

    The Fifth Circuit ruled Wednesday that the Employee Retirement Income Security Act cancels out a Tennessee law that made it easier for physicians to sue insurance companies over disputed medical bills, ending a conflict over the cost of a health system employee’s dialysis treatments.

  • September 12, 2019

    NLRB Blesses Arbitration Pact That Allows Board Access

    The National Labor Relations Board has found that the arbitration agreements a Wendy's franchisee makes employees sign are legally sound because the pacts also tell workers they can still launch administrative charges with agencies like the board.

  • September 12, 2019

    Fox Inks Deal With 'Bones' Stars, Producers In Profits Fight

    Fox has settled lawsuits over its sharing of profits of the hit TV show "Bones," in a fight that led to stars Emily Deschanel and David Boreanaz and some producers being awarded $179 million before a judge recently cut it down to around $50 million.

  • September 12, 2019

    Mass. Town Can't Stop Contractor's AT&T, Verizon Tower

    A telecommunications infrastructure company can move ahead with a proposed cellphone tower for AT&T and Verizon despite a northern Massachusetts town's attempt to stop it, a Boston federal judge ruled Wednesday, saying the local planning board had effectively prevented the provision of wireless service in violation of the Telecommunications Act of 1996.

  • September 12, 2019

    Atty Says DeGrasse Tyson's Claims In Fee Row 'Ludicrous'

    The lawyer for a photographer who unsuccessfully sued Neil deGrasse Tyson over alleged copyright infringement told a federal court that he would step aside as the parties battle over attorney fees, but called the astrophysicist's allegations of attorney misconduct "ludicrous."

  • September 12, 2019

    Arnold & Porter Goes After Ex-Client For $1.1M

    Arnold & Porter has sued a former client in New York state court for allegedly skipping out on a $1.1 million tab for the firm’s work on hotel development disputes.

Expert Analysis

  • Mich. Bill Adds To States' Trend Of Limiting Noncompetes

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    Although a recently introduced bill that would ban noncompetes in Michigan is unlikely to become law anytime soon, a restriction with respect to low-wage employees is likely at some point based on the nationwide trend of limiting these types of agreements, say Bernie Fuhs and Ziyad Hermiz at Butzel Long.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Evolving No-Poach Landscape Requires A Vigilant Eye

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    As class actions challenging no-poach agreements are pending against multiple franchise organizations and the applicable analytical standard for analyzing such provisions hangs in the balance, it's a good time to review the current framework, say Bob Buchanan and Stefano Sharma at Choate.

  • 9th Circ. Ruling Highlights Evolution Of Calif. Arbitration Law

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    Following the Ninth Circuit’s opinion in Blair v. Rent-A-Center, companies that employ arbitration clauses in consumer-facing contracts should reexamine the language for an unlawful waiver of a plaintiff’s right to seek public injunctive relief, says Alejandro Moreno at Sheppard Mullin.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • COFC Case Reveals Longevity Of Online Copyright Claims

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    The recent U.S. Court of Federal Claims copyright case APL v. U.S. highlights how even a long-forgotten webpage last modified over a decade ago can still support a copyright lawsuit if a single viewer accessed the page within three years of filing a claim, says Eric Goldman of Santa Clara University School of Law.

  • An Unusual Arbitration Issue Emerges After Henry Schein

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    Following the U.S. Supreme Court’s Henry Schein opinion and more recent lower court rulings on employee arbitration agreements, employers will need to consider the intersection of delegation clauses that allow only an arbitrator to decide what is arbitrable and carve-out clauses that allow certain issues to be decided in court, says Brian Mead at McDermott.

  • Discovery Counsel Vital In All Phases Of Mass Tort Litigation

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    Experienced discovery counsel helps the virtual law team shape case strategy and provides necessary advocacy, consistency and efficiency, plus cost savings, from the beginning of a case through trial, say attorneys at Nelson Mullins and FaegreBD.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • 2 Themes From Qualcomm's Appeal Of FTC's Antitrust Win

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    In its brief asking the Ninth Circuit to reverse the Federal Trade Commission's antitrust win in the recent chip licensing litigation, Qualcomm focuses on evidence and U.S. Supreme Court precedent, but it seems the FTC's case remains solid, says Thomas Cotter of the University of Minnesota Law School.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

  • 2 Reports Raise Real Estate Concerns For Franchisors

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    For franchise systems built on physical locations, real estate inevitably becomes a vital concern that franchisers must pay close attention to, as demonstrated by two recent events, says Terrence Dunn of Einbinder & Dunn.

  • SEPs In The Wake Of Qualcomm: 4 Patenting Issues

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    Following a California federal court’s decision in Federal Trade Commission v. Qualcomm, massive judgments and settlements raise the question of whether to declare a patent essential to a standard, but the potential benefits of pursuing a standard-essential patent must be balanced with an understanding of the potential consequences, say attorneys at Sterne Kessler.

  • Calif. High Court Ruling Eschews Arbitration Act Preemption

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    In its recent OTO v. Kho decision, the California Supreme Court once again set itself up for a direct confrontation with the U.S. Supreme Court over proper respect for established principles of Federal Arbitration Act preemption, says Steven Katz at Constangy Brooks.