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Commercial Contracts
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September 30, 2024
NC Builder's Insurer Must Cover Death Suit, Estate Says
The estate of a woman who died while working on a roof replacement project said it's entitled to coverage under a construction company's policy, telling a North Carolina state appeals court Monday a lower court wrongly held that the woman was an employee barred from coverage.
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September 30, 2024
Horse Breeders Sue NJ Track Owner Over Planned Closure
A group representing horse trainers and breeders in New Jersey is suing the owner and operator of Freehold Raceway, the oldest operating racetrack in the country, alleging that the company wants to shutter the facility it allowed to fall into disrepair despite existing contracts.
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September 30, 2024
Insurer Says BIPA Row Not Covered Due To Prior Settlement
The insurer for a Chicago-based seat manufacturer told an Illinois federal court it owes no coverage for an underlying lawsuit accusing the company of violating the state's Biometric Information Privacy Act, noting it already reached a coverage settlement with the company in a prior BIPA class action involving similar claims.
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September 30, 2024
AGs, Academics Back Media Giants In Sports Streaming Fight
ESPN, Fox and Warner Bros. have picked up allies in their push to move ahead with a "sports-first" broadcasting service, with six state attorneys general and a host of respected economics professors urging the Second Circuit to undo a New York court order that blocked the service's launch.
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September 30, 2024
Atty Accused Of Trying To Win Back Client With Loan
The Law Offices of Michael S. Lamonsoff PLLC, a New York personal injury firm, has accused competitor Harmon Linder & Rogowsky of offering a former client a loan after learning they were being booted as counsel.
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September 30, 2024
NY Man Must Face Brownstone Deed Theft Charges
A New York state court on Monday denied a Long Island man's bid to escape charges accusing him of using forgery and shell companies to steal two brownstone buildings in Harlem that are worth millions of dollars, disagreeing with the man's argument that the case was too stale to prosecute.
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September 30, 2024
Medical Device Co. Wins $25M Verdict In Poaching Trial
Medical device company Cynosure has won a $25 million jury award following a weekslong trial in Massachusetts federal court on its claims that a rival business raided its sales and marketing talent and caused the employees to breach their noncompete and nonsolicitation agreements.
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September 30, 2024
Popwallet Shareholders Sue Buyer Snap Inc. After Stock-Drop
Stockholders of virtual payment wallet startup Popwallet Inc. have sued tech company Snap Inc. for fraud and equitable fraud in Delaware's Court of Chancery, accusing Snap of withholding deeply negative news about its own business until after closing on a mostly paid-in-stock merger in late 2021.
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September 30, 2024
$143M Seattle Tunnel Insurance Suit Settles Midtrial
A Seattle construction contractor that claimed it was wrongly denied more than $143 million in coverage for damage to a massive tunneling machine has settled its case against insurers, the parties told a Washington state judge Monday on the second day of a jury trial.
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September 30, 2024
Mich. Justices Won't Restore 1-800-Bathtub's $1.3M Award
The Michigan Supreme Court on Monday left in place an appellate ruling slashing most of a $1.3 million arbitration award for the owner of a toll-free number, 1-800-BATHTUB.
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September 30, 2024
J&J Exec Accused Of File Heist Wants Pause Amid DOJ Case
A former competitive strategy director for Johnson & Johnson accused of stealing confidential files as he left the company to work for Pfizer asked a New Jersey federal court to pause the suit after learning he is under criminal investigation.
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September 27, 2024
1st Circ. Drops Bribery, Reinstates Extortion In Casino Case
The First Circuit on Friday reversed both convictions and acquittals in a high-profile bribery and extortion case involving a Rhode Island architect and a Massachusetts tribal official who had been found guilty of a quid pro quo exchange of pricey gifts related to a valuable design contract on the tribe's $1 billion casino development.
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September 27, 2024
Twitter Investors Win Cert. In Suit Over Musk's Backpedaling
A California federal judge on Friday certified a class of thousands of Twitter investors over claims Elon Musk fraudulently tweeted about the social media company's alleged bot problem to get out of his $44 billion acquisition, rebuffing the billionaire businessman's contention that individual issues in the suit eclipse common questions.
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September 27, 2024
'So What?': OnlyFans' Dismissal Bid Faces Skeptical Judge
A San Francisco federal judge indicated Friday that he won't dismiss a proposed class action against OnlyFans' parent company alleging the video platform dupes customers into automatically renewing their subscriptions, waving away arguments that a Los Angeles federal judge dismissed a similar suit and asking its lawyers, "So what?"
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September 27, 2024
New Orleans Inspector Indicted For Bribing Top City Official
A New Orleans resident and his home inspection company were indicted in Louisiana federal court Friday on charges that he operated a yearslong scheme of taking bribes to let unlicensed electricians work on hundreds of homes and bribing top city officials to look the other way.
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September 27, 2024
SEC Says Ex-Chewy Exec Inside Traded On Pet Insurer Deal
A former executive at pet supply company Chewy agreed Friday to pay more than $35,000 to settle charges from the U.S. Securities and Exchange Commission that he traded on inside information about the company's plans to announce a deal with a pet insurance company.
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September 27, 2024
Warner Bros. Reneged On 'Harry Potter' Series Deal, Sky Says
Warner Bros. Discovery has not held up its end of an exclusive rights agreement with Comcast's European subsidiary Sky to co-produce premium content, including a new television series based on the iconic "Harry Potter" novels, according to a lawsuit filed Friday in New York federal court.
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September 27, 2024
Fla. Timeshare Biz Wins $1.3M Fee Award In False Ad Suit
A Florida federal judge has awarded more than $1.3 million in attorney fees to a timeshare company that prevailed in a lawsuit against a Wyoming company over a false advertising scheme encouraging customers to stop paying for their properties, after agreeing the marketers pursued an "exceptionally weak case" that would not succeed.
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September 27, 2024
Acadia To Pay $19.9M For Alleged Inpatient Billing Scheme
Acadia Healthcare will pay $19.85 million to settle allegations it billed false claims to the federal government for medically unnecessary behavioral health services provided to patients who weren't even eligible for treatment, the U.S. Department of Justice announced.
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September 27, 2024
Apple, Visa And Mastercard Want Out Of 'Tap Pay' Fee Suit
Apple, Visa and Mastercard on Thursday urged an Illinois federal court to toss several retailers' proposed antitrust class action accusing the three of conspiring to restrain competition in point-of-sale transaction payment networks, saying in separate motions that allegedly unlawful agreements they entered "expressly preserve" Apple's right to compete.
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September 27, 2024
Ex-CEO To Pay SEC Fine For Pre-SPAC Disclosure Failures
The U.S. Securities and Exchange Commission announced Friday it has reached a settlement with the former CEO of an electric vehicle battery company who allegedly concealed its supply chain issues ahead of its merger with a blank check company, leading to a nearly 20% drop in the company's share price once the shortage was revealed.
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September 27, 2024
Disney Wants FuboTV Tying Suit Tossed Before Trial
Disney told a New York federal judge Thursday that FuboTV in its tying claims against the programming giant still hasn't shown how Disney's bundling practice is out of the ordinary, saying that similar bundles have existed for years and have been cleared by the courts and the Federal Communications Commision.
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September 27, 2024
CFTC Accuses Firms Of $3.6M Retail Forex Fraud
The Commodity Futures Trading Commission on Friday targeted a commodity trading platform the regulator alleged was behind a scheme that scammed $3.6 million from Asian American customers who thought they were investing in retail foreign exchange and commodity futures contracts.
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September 27, 2024
NC Biz Court Trims Pot Farm Fight With 'Amazon Of Hemp'
An online hemp retailer has narrowed a North Carolina farm's lawsuit alleging the retailer doctored its THC reports before listing the farm's products for sale online, with a state Business Court judge finding they aren't competitors and the farm otherwise failed to show the retailer tried to pass off the hemp producer's products as its own.
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September 27, 2024
Deal Cools Sale Broker's Beef With Cold-Cheese Pizzeria
A Pittsburgh cold-cheese pizzeria's beef with a real estate broker over the commission on what was almost a $2.1 million sale has cooled, with the parties telling a Pennsylvania state court they have settled the case.
Expert Analysis
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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How 3 Unfolding Cases Could Affect The Energy Industry
Three judicial decisions now in the pipeline — Texas' challenge to the U.S. Environmental Protection Agency's methane regulations, Delaware's climate suit against big energy companies, and a case before the Supreme Court of Texas on royalty lease interpretation — could have important implications for the energy industry, say Michelle Scheffler and Rachael Cox at Skadden.
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Flexibility Is Key In Hybrid Capital Investment Strategies
Flexible or hybrid capital funds have become a solution for some owners adverse to private debt or requiring short-term capital support not otherwise available in the market, but the complexity and possible range of structures available means that principals need to consider how they may work in different scenarios and outcomes, says Daniel Mathias at Cohen Gresser.
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Contract Negotiation Prep Checklist For In-House Ad Lawyers
Barriers for in-house lawyers and procurement professionals persist in media and ad tech contract negotiations — but a pre-negotiation checklist can help counsel navigate nuances and other industry issues that need to be considered before landing a deal, including supplier services, business use cases and data retrieval, says Keri Bruce at Reed Smith.
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Calif. Ruling Shows Limits Of Exculpatory Lease Clauses
A California court's recent decision in Epochal Enterprises v. LF Encinitas Properties, finding a landlord liable for failing to disclose the presence of asbestos on the subject property, underscores the limits of exculpatory clauses' ability to safeguard landlords from liability where known hazards are present, say Fawaz Bham and Javier De Luna at Hunton.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Negotiating Milestones In Pharma Licenses Requires Care
For life sciences companies, understanding the unique issues that arise in licensing agreements' milestone payment provisions can increase the likelihood and amount of payments received by the licensor and ensure payments are carefully and closely tied to events that truly drive value for the licensee, say Edward Angelini at Amneal Pharmaceutical and Lori Waldron at Sills Cummis.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Independent Regulator Could Chip Away At FIFA Autonomy
After the U.K.'s recent proposal for an independent football regulator, FIFA's commitment to safeguarding football association autonomy remains unwavering, despite a history of complexities arising from controversies in the bidding and hosting of major tournaments, say Yasin Patel at Church Court Chambers and Caitlin Haberlin-Chambers at SLAM Global.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Examining The Arbitration Clause Landscape Amid Risks
Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.
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10 Areas To Watch In Aerospace And Defense Contracting Law
The near future holds a number of key areas to watch in aerospace and defense contracting law, ranging from dramatic developments in the space industry to recent National Defense Authorization Act updates, which are focused on U.S. leadership in emerging technologies, say Joseph Berger and Chip Purcell at Thompson Hine.
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Meta Data Scraping Case Has Lessons For Platforms, AI Cos.
The California federal court ruling that artificial intelligence company Bright Data's scraping of public data from Meta social media sites does not constitute a breach of contract signals that platforms should review their terms of service and AI companies could face broad implications for their training of algorithms, say attorneys at Arnold & Porter.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.