Quinn Emanuel Urquhart & Sullivan LLP reiterated on Thursday in New York court that its former partners who launched Selendy & Gay PLLC cannot escape arbitrating a dispute over a clause in their partnership agreement requiring them to remit fees earned from clients they took to their new firm.
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TOP NEWS

Quinn Emanuel Says Ex-Partners Can't Duck Fee Arbitration

Quinn Emanuel Urquhart & Sullivan LLP reiterated on Thursday in New York court that its former partners who launched Selendy & Gay PLLC cannot escape arbitrating a dispute over a clause in their partnership agreement requiring them to remit fees earned from clients they took to their new firm. Read full article »

600 Lb Gorillas Gets $725K Of $3.9M Sought In Dessert Spat

Novelty dessert company 600 lb Gorillas was awarded a fraction of the $3.9 million it sought in a breach of contract suit over allegedly subpar ice cream, getting only $725,000 from a Massachusetts federal jury on Friday, while its supplier Mister Cookie Face was handed the full $270,000 it wanted for a counterclaim over being stuck with unused ice cream sandwiches. Read full article »

Analysis

CashCall Ruling Creates Legal Uncertainty For Calif. Lenders

The California Supreme Court’s recent ruling that it’s possible for the interest rate on a consumer loan of more than a certain dollar amount in the state to be declared "unconscionable" could wind up being a headache for nonbank lenders operating under California law, attorneys told Law360. Read full article »

Analysis

Mass. Noncompete Law Overhaul Not As Strict As It Seems

Massachusetts employers may easily work around newly rewritten state noncompete laws by using escape clauses in the legislation or by turning to nonsolicitation agreements, corporate counsel monitoring the legislation told Law360. Read full article »

6th Circ. Revives Kyocera's Challenge To Supply Contract

A Sixth Circuit panel on Thursday resurrected Kyocera Corp.'s attempt to nix what it says is a coercive provision in its supply contract for material used in solar panels that requires it to pay for the material even if it chooses not to buy any. Read full article »

5th Circ. Asks Texas High Court To Decide On Dealers Act

The Fifth Circuit has asked the Texas Supreme Court to determine whether a Texas law governing contracts for wholesale equipment sales applies to agreements signed before the law took effect, and if so, whether the law, known as the Dealers Act, violates the state constitution. Read full article »

REAL ESTATE & DEVELOPMENT

Mass. Court Says Wells Fargo Can't Sue To Shield Foreclosure

The Massachusetts Appeals Court on Friday affirmed that Wells Fargo Financial Massachusetts Inc. could not use its own contract concerns and an uptick in litigation challenging dispossessions to get the court's hypothetical blessing to foreclose on homeowners before actually attempting to evict them. Read full article »

CapStack TRO Denied By Chancery Over Speech Concerns

An apartment complex management firm won’t be restrained from making statements about alleged fraud by the co-owners of several complexes after a Delaware Chancery Court judge ruled Thursday that such an injunction would curtail the manager’s free speech rights without trial. Read full article »

INSURANCE

Exclusive

Bowles Rice, Insurer Resolve $41M Fight On Eve Of Trial

Bowles Rice has resolved a $41 million fight with a title insurer stemming from a troubled coal plant build and averted a trial that was set to start Monday, according to a lawyer involved in the case, heading off what at least one expert said was a sizable threat to the firm in the face of its limited malpractice coverage. Read full article »

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

The last week has seen Gatwick Airport sue an insolvent construction firm and two insurers for professional negligence, Deutsche Bank lodge a claim against India's Canara Bank and a Markel unit file a contract dispute against German animal insurance specialist Hippo. Read full article »

PRODUCT LIABILITY

Nissan '0% Financing' Suit Tossed for Lack of State Claim

A New Jersey federal judge on Thursday dismissed a putative class action alleging that a Nissan services contractor and a car dealership used a service agreement with higher interest rates than stated to rip off a car buyer, finding the warranty statute governing the suit mandates plaintiffs plead an underlying state-law claim. Read full article »

PRIVACY & CONSUMER PROTECTION

Investors Must Arbitrate $3.2M Row With Burial-Alternative Co.

A group of Texas investors who allege they were duped into sinking $3.25 million into a now defunct company that offered an eco-friendly alternative to cremation and burial were ordered by a federal judge on Friday to arbitrate their dispute with the company's Irish CEO. Read full article »

INTELLECTUAL PROPERTY

PennDOT Wants Out Of Pittsburgh Artist's Lost-Murals Suit

The Pennsylvania Department of Transportation is seeking to duck a Pittsburgh artist's federal lawsuit over the destruction of his murals, arguing Thursday that as a state agency it has sovereign immunity from the man's claims. Read full article »

EMPLOYMENT

Wall Installer Can't Restart Claims Against Related Cos.

U.S. District Judge Jed S. Rakoff has blocked an exterior wall installer’s bid to reinstate fraud and unjust enrichment claims against The Related Companies LP over the real estate firm’s collection of funds from a Chicago project, saying the allegations are not sufficiently supported. Read full article »

Demolition Co. Founder Sues Over Termination Dispute

The co-owner of a demolition and environmental remediation firm launched an Illinois federal court suit against the company and its majority shareholders Thursday that alleges they schemed to push her out of the business and devalue her stake for their benefit. Read full article »

SECURITIES & WHITE COLLAR

Investment Co., Irked Clients Clash On Securities Law's Reach

An investment firm and proposed class of investors accusing it of transferring their money into a mutual fund while concealing conflicts of interest are duking it out over whether a federal securities law precludes the investors' claims, with the firm hoping to dismiss the suit and the investors moving for remand to state court. Read full article »

Brewer Must Face Investor's Breach Of Contract Suit

A South Carolina federal judge Friday denied a motion from a brewery and its owners to dismiss a suit accusing them of backing out of an agreement to sell a $3.5 million stake in the business, finding there was sufficient evidence to support the claims that the potential investor was misled. Read full article »

GOVERNMENT CONTRACTS

Aviation Co. Gets Emergency Award OK'd In Contract Row

A Texas federal judge has confirmed an emergency arbitration award for multinational aviation company Starlite Investments Ireland Ltd. stemming from a dispute with a Fort Worth-based helicopter manufacturer relating to a U.S. government contract for military operations in Afghanistan, saying the court has the authority to do so. Read full article »

EXPERT ANALYSIS

Series

Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez. Read full article »

LEGAL INDUSTRY

Analysis

Despite Abuse Horrors, Attys Feel Duty To Defend The Church

Despite horrific details in a recently unveiled grand jury report about sexual abuse suffered by more than a thousand victims at the hands of Catholic clergy in Pennsylvania, attorneys who have represented the church say that public scorn hasn't swayed them from their duty to provide a vigorous defense. Read full article »

Feature

3rd Circ. Oral Argument Dip Troubling, Chief Judge Says

The Third Circuit appellate bar is trying to reverse a troubling decline in oral arguments before its panels, which its Chief Judge D. Brooks Smith in an exclusive interview with Law360 says could have been brought on by a "stunning" increase in pro se filings he traces to the Great Recession of the late aughts. Read full article »

Stinson Leonard Grows In St. Louis With IP Boutique Tie-Up

Stinson Leonard Street LLP continued its expansion streak Thursday, announcing plans to acquire 28-strong St. Louis intellectual property boutique Senniger Powers LLP, following up on two new office openings earlier this year. Read full article »

Feature

3 Reasons Attys Should Learn A Foreign Language

Becoming fluent in a foreign language may seem daunting, but the challenge can offer big rewards, including career opportunities and personal satisfaction, for attorneys willing to take it on. Here, Law360 looks at three reasons why lawyers should learn languages other than their own. Read full article »

Feature

GC Cheat Sheet: The Hottest Corporate News Of The Week

The Sixth Circuit ruled the Fair Labor Standards Act doesn’t on its own thwart arbitration agreements, consumer groups fought back against industry attempts to amend a hastily enacted landmark privacy law in California and British police warned of an increase in cryptocurrency fraud. These are some of the stories in corporate legal news you may have missed in the past week.​ Read full article »

In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week. Read full article »

Podcast

Podcast

Law360's Pro Say: Disabled Attys Fight For A Place In BigLaw

The legal profession can be a lonely place for attorneys with disabilities. They are often overlooked in diversity discussions, and may feel pressure to downplay their disability out of fear of facing bias and stigma. On this week's Pro Say podcast, we dive into these challenges and highlight how disabled attorneys are fighting for their place in the law.  Read full article »

Kavanaugh Will Meet With Top Senate Opponent

U.S. Supreme Court nominee Brett Kavanaugh will come face-to-face with his opposition Monday as he sits down with Sen. Dianne Feinstein, D-Calif., the ranking member of the Senate Judiciary Committee and the lawmaker leading the fight against his confirmation. Read full article »

Ex-Clerk Says NY Courts Protected Judge Who Harassed Her

A former law clerk has accused the New York state judicial system of covering up for a judge who she says sexually harassed her, allegations she made in a suit filed in federal court against the jurist and 16 other judges, administrators and attorneys. Read full article »

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Willkie Farr

WilmerHale

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COMPANIES

A.P. Moller-Maersk

Airbnb Inc.

American Bar Association

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Apple Inc.

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BJ's Wholesale Club, Inc.

BNP Paribas

CBOE Holdings Inc.

CashCall Inc.

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HSBC Holdings PLC

Hiscox

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Kelly Services, Inc.

Kyocera Corporation

Liberty Mutual Holding Company Inc.

Longview Power LLC

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Quicken Loans Inc.

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