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Commercial Contracts
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July 29, 2024
Fraudster Faces Florida Condo Eviction Over Chain-Smoking
A Florida luxury condominium association has brought a state court lawsuit against an admitted real estate fraudster and seeks to have him removed as a tenant over his chain-smoking, saying he broke the terms of his lease but continues to reside in his condo unit.
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July 29, 2024
Sky Zone Operator Gets Injury Claims Sent To Arbitration
The operators of a Sky Zone-branded trampoline park in the Chicago area have successfully pushed out of court a father's claims that his son was injured at the facility, after an Illinois appellate panel ruled that an arbitrator must determine if the waiver agreement the mother signed is in fact enforceable.
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July 29, 2024
Panera Franchisee Ends Pagan Worker's Religious Bias Suit
A Panera franchisee and a former employee alerted a Pennsylvania federal court Monday that they've agreed to resolve the ex-worker's suit claiming she was harassed out of her job when she disclosed that she practiced neopaganism.
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July 29, 2024
10th Circ. Won't Undo $6.4M Award In Cannabis Biz Fight
A Tenth Circuit panel has rejected a cannabis entrepreneur's attempt to undo a $6.4 million judgment in a dispute with an ex-business partner, but it ordered a district court to revisit an enforcement order that could require the entrepreneur to violate federal drug law to pay the damages.
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July 29, 2024
Firm, Ex-Client Brief Conn. High Court In Punitive Award Case
McCarter & English LLP and ex-client Jarrow Formulas Inc. are weighing in as the Connecticut Supreme Court decides whether a federal court can award law firms punitive damages in suits for breach of contract, as the firm seeks a punitive payout after winning multimillion-dollar judgments in a contract dispute.
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July 29, 2024
Boxing Manager Nears Default Win In RICO Suit
A boxing manager welcomed a California federal court's decision to award him $9.5 million as part of a default judgment against a now-defunct management company in a racketeering case but requested an increase to the court's award of legal fees.
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July 29, 2024
Catching Up With Delaware's Chancery Court
Litigation linked to Elon Musk sparked several filings in Delaware's Court of Chancery last week, including a call for sanctions and hand-wringing about a proposed multibillion-dollar attorney fee. Here, Law360 looks at this and other highlights from last week in Delaware's Chancery Court.
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July 29, 2024
NC Attys Dismissed From Malpractice Suit Over Missed Filing
A pair of North Carolina-based attorneys involved in a legal malpractice suit filed by the parents of two children who died in a car fire were voluntarily dismissed from the family's suit against their former firm.
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July 29, 2024
NYT To Pay $275K To Settle Subscription Renewal Claims
The New York Times will pay $275,000 to settle class claims that it did not adequately disclose the terms of its subscription renewals.
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July 26, 2024
Off The Bench: NBA Signs Mega Deals, Jerry Jones Settles
In this week's Off The Bench, the NBA signed $77 billion worth of telecast and streaming deals while longtime league broadcaster TNT challenged the decision, Jerry Jones' suit against his alleged daughter settled while jurors were at lunch, and Pennsylvania's high court agreed to hear an appeal relating to Pittsburgh's jock tax, a fee applied to nonresident professional athletes.
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July 26, 2024
ESPN, Fox, Hulu Oppose Bid To Block Sports Streaming JV
Streaming service Fubo has told a New York federal court that ESPN, Fox and Warner Bros. Discovery are teaming up with others to knock down its "sports-first streaming business," but what Fubo calls anticompetitive behavior, the trio of companies on the other side of a lawsuit call fair competition.
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July 26, 2024
Live Nation Tells 9th Circ. Arbitration Supported By Calif. Ruling
Live Nation told the Ninth Circuit that recent precedent from California's top court backs its argument that consumer litigation over allegedly exorbitant ticket prices should go to arbitration, despite arbitral rules criticized by the panel as "cockamamie" during oral arguments last month.
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July 26, 2024
DC Circ. Vacates FERC Oil Pipeline Index Revision
The D.C. Circuit on Friday vacated a Federal Energy Regulatory Commission order that lowered the five-year index level governing oil pipeline transportation rates, ruling that the agency ran afoul of federal law when it failed to gather public input on the revision.
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July 26, 2024
Insurer Says It Needn't Cover Divorce Attys In Malpractice Suit
Hanover Insurance Group asked a federal court Friday to rule that it doesn't have to defend a pair of Houston-area divorce attorneys in a legal malpractice suit alleging they botched a divorce case.
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July 26, 2024
WWE Founder Slams Accuser's Bid For Drug Treatment Info
A Connecticut federal judge should lift a six-month stay in a sexual abuse lawsuit against World Wrestling Entertainment Inc. long enough for ex-CEO Vince McMahon to try to block the accuser's parallel case in state court seeking information about mysterious, WWE-funded medical treatment she says she underwent, McMahon is arguing.
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July 26, 2024
Hemp Exporter's Lost-Product Claims Fail At 4th Circ.
A hemp exporter lost a bid for payment for lost products at the Fourth Circuit on Friday when the court ruled that the Montreal Convention precludes claims that a transportation company was liable for the destruction of more than a ton of product by U.S. Customs and Border Protection.
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July 26, 2024
LinkedIn Looks To End 'Fake Clicks' Suit With Very Real $6.6M
LinkedIn has agreed to cough up at least $6.6 million to put an end to a class action from online businesses who say the website deliberately overreported "clicks" on ads to fleece advertisers.
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July 26, 2024
Cherokee Entities Look To Dismiss Casino Licensing Dispute
Two Cherokee Nation entities are asking a federal district court to toss a Mississippi casino's bid to void an Arkansas gaming license issued to the federally recognized tribe's entertainment business, arguing that the lawsuit was filed two years too late.
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July 26, 2024
Data Co. Told To Turn Over Contracts In Kochava Case
A D.C. federal judge plans to order TargetSmart to turn over supplier contracts to the Federal Trade Commission in the agency's case against TargetSmart client Kochava on Friday, after TargetSmart's attorney said she was "99% sure that there was no due diligence done by Kochava" regarding the data's provenance.
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July 26, 2024
Gas Co. Can't Wheedle Out Of Jury's Decision, Trader Says
A former trading director has told a Colorado state judge that the natural gas marketing company he worked for has no grounds to escape a Denver jury's $3.3 million damages award over his unpaid bonus, arguing that the jurors clearly found in his favor.
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July 26, 2024
Hospital Can't Shift Shooting Liability To ER Group
A Michigan appellate panel has affirmed that Trinity Health Corp. can't make an emergency-room physicians practice defend it against lawsuits stemming from a shooting outside a Chicago hospital that killed one of the practice's ER doctors.
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July 26, 2024
Cadwalader Suing Lloyd's Over Cyberattack Coverage Denial
Cadwalader Wickersham & Taft LLP has filed suit against insurer Lloyd's of London in North Carolina state court, alleging the company has failed to reimburse the law firm for expenses related to a November 2022 data breach.
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July 26, 2024
NFL Leads Sports & Betting Cases To Watch For Rest Of 2024
Significant cases involving major American pro sports organizations have earned extra attention as the second half of 2024 begins, as have cases involving young professional athletes, college recruits and youth sports participants. Still, the NFL remains king with its footprint all over the list of must-follow cases for the rest of the year.
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July 26, 2024
Alston & Bird Grows With Structured Finance Pro In New York
Alston & Bird LLP has expanded its finance team in New York, adding a partner with more than 20 years of experience advising on structured finance transactions and mergers and acquisitions.
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July 26, 2024
Texas Appeals Court Leaves Antique Car Suit Stalled
A Texas appeals court declined to revive a couple's breach of contract suit against a broker of collectible cars, filed over disputed payments from the sale of five antique cars, holding that a trial court correctly ruled they should take nothing on their claims.
Expert Analysis
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Unpacking The New Russia Sanctions And Export Controls
Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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5 Lessons For SaaS Companies After Blackbaud Data Breach
Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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2nd Circ. Ruling Will Guide Social Media Account Ownership
The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.
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Assessing The Future Of Colorado's Economic Loss Rule
The Colorado Supreme Court's decision to review a state appellate court's ruling in Mid-Century Insurance Co. v. HIVE Construction will significantly influence the future of Colorado's economic loss rule, with high stakes for the cost of doing business in the state, says David Holman at Crisham & Holman.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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What To Know About RWI In Acquisition And Divestiture Deals
As a slower pace of merger activity turns underwriters toward new industries, representations and warranties insurance policies are increasingly being written for acquisition and divestiture energy deals, making it important for contracting parties to understand how the RWI underwriting process works in this new sector, say attorneys at Haynes Boone.
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Freight Forwarders And Common Carriers: Know Your Cargo
Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Key Considerations For Evaluating An AI Vendor
As artificial intelligence technology advances across industries, businesses can mitigate risks, while maximizing the value of their investment, by evaluating technology, expertise, support services, transparency and more when selecting an AI vendor, say Rahul Kapoor and Shokoh Yaghoubi at Morgan Lewis.
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A Closer Look At Novel Jury Instruction In Forex Rigging Case
After the recent commodities fraud conviction of a U.K.-based hedge fund executive in U.S. v. Phillips, post-trial briefing has focused on whether the New York federal court’s jury instruction incorrectly defined the requisite level of intent, which should inform defense counsel in future open market manipulation cases, say attorneys at Lankler Siffert.
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A Refresher On Alcohol Sponsorships Before The Super Bowl
As millions of people will see in Super Bowl commercials Sunday, celebrity sponsorships continue to be a valuable tool for alcohol beverage marketers — and those looking to better target audiences must understand how regulation of the alcohol industry affects these deals, say attorneys at McDermott.
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Compliance Tips On State Automatic Renewal Contract Laws
Brian Casey at Locke Lord and Travis Moore at the Service Contract Industry Council consider the challenges in operationalizing compliance faced by extended warranty businesses and whether extended warranties are exempt from laws covering automatic renewal contracts.