SunEdison Inc. on Monday blasted two former executives with pending whistleblower claims against the bankrupt green energy giant for objecting to a proposed $32 million settlement with unsecured creditors, urging a New York bankruptcy court to overrule their objections and approve the deal.
A settlement advance company, accused by authorities of scamming 9/11 first responders, has sued Barasch McGarry Salzman & Penson in New Jersey state court over claims the firm refused to pay about $500,000 owed to the business from money awarded to a retired police officer for injuries related to the terrorist attacks.
A real estate company has sued its onetime attorney in New Jersey state court for allegedly failing to include financing and environmental review conditions into the contract for its planned purchase of an industrial building, leading to the loss of a $1 million deposit when the sale collapsed.
Bankrupt Westinghouse Electric Co. LLC suffered a potential $2 billion setback on Tuesday in its dispute with Chicago Bridge & Iron Co. over the purchase of its nuclear unit, as Delaware’s Supreme Court ruled the contract strictly limits what items Westinghouse can challenge in a post-sale review process.
In Neil Gorsuch, Clarence Thomas seems to have found a U.S. Supreme Court justice after his own heart. The court’s newest member and its most silent one cast identical votes in case after case this year, at times taking positions deemed more conservative than those of their fellow Republican appointees on the court.
A Texas appeals court ruled Tuesday that a lower court had improperly infringed on an arbitration agreement by ruling that a contract dispute between a commodities trader and a metals company over the purchase of iron ore was outside the scope of the agreed-to arbitration clause.
A Manhattan federal judge on Tuesday let stand a negligent misrepresentation claim in asset manager Kortright Capital Partners LP's $100 million lawsuit against estranged strategic partner Investcorp Investment Advisers Ltd. over an investor pullout that allegedly tripped up a separate deal and destroyed the plaintiff's business.
“Concurring opinion” can feel like a misnomer when a justice departs from — or downright slams — the reasoning of the majority. Here are the opinions from the latest U.S. Supreme Court term in which the biggest divisions bore the label of agreement.
While there were fewer dissents coming from the U.S. Supreme Court during its October 2016 term than in years past, justices still managed to come up with creative disses and blistering attacks when they were on the losing side. Here, Law360 highlights the term’s top dissents.
A Texas appellate court on Monday reversed a trial court’s finding of securities fraud against a company selling investments in a senior care facility, holding the lower court didn’t adequately consider the company’s argument that the suit is time-barred.
Four Seasons on Monday reiterated its bid for a California federal court — rather than an arbitration panel — to interpret the scope of the Ninth Circuit’s order in a dispute over split loyalties with the owner of a Four Seasons-branded hotel, arguing the owner is trying to relitigate the case.
Avis Budget Group Inc. has reached a multiyear agreement with Alphabet Inc.’s self-driving car unit Waymo LLC to provide maintenance and parking for Waymo’s fleet of autonomous vehicles at certain Avis and Budget car rental locations in Phoenix.
The Ak-Chin Indian Community on Tuesday urged an Arizona federal judge to force an Arizona water conservation district it is suing to deliver the full amount of water ordered to be delivered to the tribe in 2018 by the federal government while its water rights dispute plays out in court.
The Eleventh Circuit has affirmed a defense win for a Florida developer who defeated $12 million in fraud claims brought by two Middle Eastern companies over a hotel project investment, ruling there was nothing wrong with the trial court's instructions to the jury.
Huawei blasted T-Mobile’s request for more than $18.5 million in fees and costs on a $4.8 million jury verdict as “unreasonable” in Washington federal court on Monday after the Chinese handset maker was found partly liable in a suit over a concerted espionage campaign to glean the secrets behind a phone-testing robot.
Travelers Casualty and Surety and Federal Insurance Co. on Monday asked a Missouri federal court to split off claims that they broke their contracts when they denied a marketing company’s $6 million claim for a data breach from the claims they did so in bad faith, arguing one does not necessarily imply the other.
A volunteer for the St. Louis Cardinals’ concessions operator — who worked for a day in exchange for a one-time charitable donation — can’t pursue a class action alleging the company violated minimum wage laws because he signed a release form that contained a valid arbitration agreement, the Eighth Circuit ruled Tuesday.
A California federal judge on Monday rejected Qualcomm's request to dismiss the Federal Trade Commission's suit claiming the chipmaker illegally used its licensing agreements' key patents to monopolize the market.
A telecommunications contractor that had sought to recover more than $18 million it said it was owed has told the Ninth Circuit that a California federal judge was wrong to rule that the company wasn't properly licensed to dig trenches to install a fiber-optic cable network.
A former Enron subsidiary has failed to justify its request for hundreds of thousands of dollars in legal fees for the solo practitioner who netted the company confirmation of a contract breach arbitral win against the Nigerian government now topping $21 million, the country told a D.C. federal court Monday.
It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.
Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.
The recent case of Davis v. EMSI Holding reminds us that basic Delaware law can defeat even the most well-crafted indemnification arrangements in a private company stock acquisition, says Craig Godshall of Dechert LLP.
The recent D.C. federal court decision in Banneker Ventures v. Graham underscores the close analysis that should accompany a decision to publicly disclose even a summary of an internal investigation that was conducted under the attorney-client privilege, say Nicholas Goldin and Yafit Cohn of Simpson Thacher & Bartlett LLP.
Later this year, decisions are anticipated from various courts regarding the enforceability of employee class action waivers, the validity of the National Labor Relations Board's joint employer doctrine, and the appropriateness of "micro units" under the NLRB's 2011 Specialty Healthcare decision. Companies operating in the U.S. will want to closely monitor these decisions and understand their potential impact, says Jordan Faykus of... (continued)
Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.
A Virginia federal court's recent decision in Volvo Group North America v. Truck Enterprises highlights how a factory right of first refusal can directly impede the sale of dealerships that have multiple franchises operating from the same dealership location, says Sara Decatur Judge of Burns & Levinson LLP.
The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.
One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.
Courts and companies continue to face challenges in determining whether a party can access patent prosecution communications in disputes between two joint owners, disputes between an employer-owner and an employee-inventor, and disputes with respect to a patent agent, say attorneys with Gibson Dunn & Crutcher LLP.