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Commercial Contracts
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March 12, 2025
'I Was Wrong': FTC Atty Flips On Cuts Delaying Amazon Trial
The Federal Trade Commission abruptly backtracked on an in-house attorney's comments about "severe" resource constraints amid the government spending crackdown while urging a Washington federal judge to delay a consumer protection trial against Amazon, with the same attorney telling the court he was wrong in a letter filed hours after a Wednesday status conference.
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March 12, 2025
5th Circ. Won't Revive Suit Over $58M Cloud Computing Deal
The Fifth Circuit backed the dismissal of cloud computing company Cloud49's lawsuit against rivals Rackspace Technology and Capgemini, rejecting claims that the companies engaged in tortious interference and trade secrets misappropriation during a Texas state cloud computing contract bid worth more than $58 million.
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March 12, 2025
Bitcoin ATM Co. Wants TRO Over Unplugged Machines
A bitcoin ATM operator has asked the Delaware Chancery Court to issue a temporary restraining order against a Midwest grocery store chain for allegedly unplugging and covering up ATMs at more than 60 locations, in violation of operating agreements between the parties.
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March 12, 2025
Texas Jury Awards Staffing Co. $14M Verdict Against Dynata
A Texas state jury handed a mostly clean sweep to a staffing company that accused market research company Dynata LLC of withholding payment for months of work, awarding about $14 million Wednesday after a trial in a Texas state court that lasted about a week.
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March 12, 2025
4th Circ. Won't Undo Health Data Access Order
A Fourth Circuit panel issued a ruling Wednesday that affirmed a lower court's order requiring PointClickCare to allow Real Time Medical Systems to access patient data that it uses to provide nursing facilities with alerts for potential medical complications.
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March 12, 2025
Mich. Justices Fret About Insurer Fallout In Benefits Case
The Michigan Supreme Court on Wednesday seemed receptive to an insurance pool's argument that it does not owe coverage to a municipality for canceling a retirement benefit, asking about the potential for a major impact on the industry were it to affirm an adverse ruling.
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March 12, 2025
Real Estate Co. Says Commission Inflation Suit Is Untimely
Arguing that the case is time-barred, one of the biggest real estate firms in the Northeast says a Connecticut judge should toss a retooled class action accusing company officials of joining trade groups to press for industry rules that boosted their bottom line.
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March 12, 2025
Son Of Ex-FIFA VP Avoids Prison In Fraud Case
The son of former FIFA vice president Jack Warner was spared prison time Tuesday, almost 12 years after he pled guilty to falsifying a mortgage application for a Miami condominium and structuring transactions to evade currency reporting requirements.
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March 12, 2025
TikTok Faces Copyright Suit Over Livestreaming Software
TikTok allegedly copied a company's livestreaming software to create a new feature on the app without complying with the company's open source requirements, according to a complaint filed in California federal court.
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March 12, 2025
Calif. Funeral Home 'Preys Upon' Latino Families, Suit Says
A Sacramento funeral home was sued in California state court Tuesday for allegedly sending a deceased man's body to El Salvador in a "shocking state of decomposition" as part of a larger pattern of exploiting the Latino community with substandard services.
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March 12, 2025
Chipwich Maker Blames Broker For $4.5M Recall Loss
The maker of Chipwich ice cream sandwiches told a Connecticut state court that its broker negligently failed to secure product recall insurance, causing a preventable loss of $4.5 million to the company, after desserts were destroyed because of potential listeria contamination.
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March 12, 2025
Cannabis Tech Co. Seeks Over $1M Interest On $4.2M Verdict
A software company that won a $4.2 million judgment last year on claims that it was wrongly pushed out of a state government contract is urging a Pennsylvania federal court to award more than $1 million in pre- and postjudgment interest on the award.
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March 12, 2025
Kroger Waited Too Long To Seek Sanctions, Judge Says
An Illinois federal judge on Wednesday denied Kroger's bid to sanction prolific consumer advocate lawyer Spencer Sheehan for filing a meritless suit over the effectiveness of its lidocaine patches, saying the amount of time it took to file the motion "is not reasonable by any stretch of the imagination."
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March 12, 2025
Ex-Smartmatic Execs Seek FCPA Reprieve After Trump Order
Two former executives of electronic-voting system developer Smartmatic asked a Florida federal judge on Wednesday to push back the schedule in their bribery case while the U.S. Department of Justice reviews pending Foreign Corrupt Practices Act cases.
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March 12, 2025
Cannabis Co. Trulieve Improperly Kept Tax Refund, Suit Says
California cannabis retailer Catalyst alleged in a new lawsuit that Florida-based multistate operator Trulieve improperly pocketed a $305,000 federal tax refund that was rightfully Catalyst's following its acquisition of a dispensary.
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March 12, 2025
McCarter & English Wins $3.77M From Ex-Client In Billing Spat
McCarter & English LLP is entitled to nearly $3.77 million from Jarrow Formulas Inc., a nutritional supplement company that refused to pay its legal bills after losing a trade secrets trial and a subsequent malpractice claim against the firm, a Connecticut federal judge has ruled.
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March 12, 2025
Luxottica Drops Appeal On ERISA Suit's Arbitrability
Luxottica shuttered its appeal of a New York federal judge's order that the company could not compel arbitration of a worker's representative claims that it violated federal benefits law by using outdated mortality data to calculate pensions benefits.
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March 12, 2025
Atty Wants Early Win In NJ Malpractice Suit Over Land Dispute
New Jersey sisters who sued Fox Rothschild and a firm attorney over the handling of their late stepfather's estate lack standing to bring their claims, the lawyer argued in a motion for summary judgment, also telling the trial court that the plaintiffs were decades late in filing.
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March 11, 2025
Media Matters Slams X For 'Vendetta-Driven Libel Tourism'
Media Matters for America lobbed its own claims at X Corp. in California federal court on Monday, accusing the social media company of launching a "vendetta-driven campaign of libel tourism" against the left-leaning watchdog across the globe that challenges Media Matters' "truthful reporting."
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March 11, 2025
Art Loft Building's Toxicity Was Disclosed, Expert Testifies
A defense toxicologist told a Los Angeles jury Tuesday that residents in a large live-work art building received warning of carcinogenic chemicals in the soil underneath, supporting a real estate company's argument that the statute of limitations blocks the claims.
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March 11, 2025
George Clinton Brings New IP Theft Suit Against Longtime Foe
George Clinton sued music executive Armen Boladian for copyright theft and civil fraud in Florida federal court Tuesday, the latest in a long-running legal battle over royalties between the Parliament-Funkadelic front man and his onetime business partner.
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March 11, 2025
Ex-Mohawk CIO Seeks Lighter Sentence For $1.8M Fraud Plea
Flooring giant Mohawk's former head of information technology pushed back Tuesday on the government's recommendation that he serve 96 months in prison, pay nearly $1 million in restitution and a $150,000 fine for running a third-party vendor scheme that ripped off his employer to the tune of $1.8 million.
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March 11, 2025
Ex-USPTO Head Can't Be Expert In Walmart IP Fight, Co. Says
A startup suing Walmart over trade secrets connected to shelf-freshness technology wants an Arkansas federal court to block the retailer from retaining former U.S. Patent and Trademark Office Director Kathi Vidal as an expert when the $115 million case moves forward to a retrial.
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March 11, 2025
Origin Brass Face Investor Suit Over Factory Delay Disclosure
Executives and directors of sustainable chemical manufacturer Origin Materials have been hit with a shareholder's derivative suit alleging that they concealed a three-year construction delay affecting a production facility the company was building that increased company costs and altered relationships with its customers, including Pepsi.
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March 11, 2025
5th Circ. Hopes For 'Sanity' In Backing Legal Malpractice Arb.
Untangling a "ridiculous" arbitration proceeding that produced four contradictory awards in a legal malpractice dispute, the Fifth Circuit on Tuesday affirmed three awards and most of another, adding that the parties are "free to arbitrate another day" in the hope that their disagreements will be resolved "for the sake of sanity."
Expert Analysis
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Pier Pressure: Contract Takeaways From Pa. Ocean Liner Suit
The settlement that resolved the fate of the landmark SS United States ocean liner illustrates important lessons on managing contract disputes, illuminating common trade-offs such as the choice between deferred legal risk and the cost of legal foresight, says Christopher Seck at Squire Patton.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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How FAR Council's Proposal May Revamp Conflicts Reporting
The Federal Acquisition Regulatory Council's recent proposal for updating organizational conflict of interest rules includes some welcome clarifications, but new representation and disclosure obligations would upend long-standing practices, likely increase contractors’ False Claims Act risks, and necessitate implementation of more complex OCI compliance programs, say attorneys at Wiley.
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Navigating Title IX Compliance In The NIL Era
As universities push to move more name, image and likeness activity in-house, it's unclear how the NCAA and its members will square implementation of the House settlement with Title IX requirements, say attorneys at Buchanan Ingersoll.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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DeepSeek AI Investigation Could Lead To IP Law Precedents
The investigation by OpenAI and Microsoft into DeepSeek's artificial intelligence model raises interesting legal concerns involving intellectual property and contract law, including potential trade secret appropriation and fair use questions, say Saishruti Mutneja and Raghav Gurbaxani.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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What Contractors Can Do To Address Material Cost Increases
In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.
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Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion
The recent Delaware Superior Court ruling in Harman International v. Illinois National Insurance offers a critical framework for interpreting bump-up exclusions in management liability insurance policies, and follows the case law trend of narrow interpretation of such exclusions, says Simone Haugen at Tressler.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz
Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.