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Commercial Contracts
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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.
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July 26, 2024
Subway Franchisor Wants Award Redo In Scrapped Pact Fight
The Subway sandwich chain's Canadian franchisor has urged a New York federal judge to amend his recent order granting a development company's petition to enforce an arbitral award, saying he wrongly refused to let it argue an important point about the arbitration process.
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July 26, 2024
Telecom Worker Data Breach Deal Gets Final Approval
A North Carolina federal judge gave his final sign-off on a class action settlement between telecommunications provider CommScope and its current and former employees who said it failed to protect their personal information and then took months to tell them about a data breach.
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July 26, 2024
Warner Bros. Challenges NBA's Lucrative New Amazon Deal
Negotiations over the rights to broadcast NBA games boiled over into New York state court Friday, with Warner Bros. Discovery accusing the league of improperly spurning its offer to extend their current partnership in favor of a new deal with Amazon.
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July 26, 2024
Fisher Phillips Adds 2 Partners To Its Nashville Office
Labor and employment firm Fisher Phillips has hired for its Nashville office a former in-house attorney for Peabody Energy and a lawyer who most recently held a public sector post in Tennessee.
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July 26, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen U.K. band The 1975 face action by Future Sound Asia after its performance in Malaysia resulted in a festival's cancelation, Spectrum Insurance hit by The Motoring Organization following their dispute over information misuse, and a former police constable pursue defamation against a colleague for allegedly instigating a campaign of harassment against her. Here, Law360 looks at these and other new claims in the U.K.
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July 25, 2024
NY Jury Convicts Int'l Bank Safe Deposit Box Scammer
Following a seven-day trial, a New York federal jury in Brooklyn found a member of an alleged organized crime group guilty of stealing millions in cash and goods from European banks.
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July 25, 2024
Chancery Urged To Sanction Musk, X, Attys After Doc Delete
The founder of a legal research site that makes government documents public has petitioned Delaware's Court of Chancery to sanction Elon Musk, his X entities and his counsel after a court clerk allegedly removed, at the request of attorneys for the billionaire, a document filed in Twitter Inc.'s battle over Musk's $44 billion takeover.
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July 25, 2024
Amazon Contractors Say Partner Broke Deal, Cut Them Out
Two owners of an Amazon deliveries contractor have alleged in North Carolina's Business Court that a third partner pushed them out of the company to keep their cut of profits, asking for a court declaration that the third partner violated their business agreement.
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July 25, 2024
Insurer Can't Link Secrets Suit To $47M Claim, Ex-Worker Says
A former worker for British insurance company Beazley urged a Florida federal court Thursday to toss claims alleging trade secrets theft, saying the company's suit doesn't show how he supposedly caused it to incur $47 million in damages from an arbitration case over a Brazilian thermoelectric plant.
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July 25, 2024
Fed. Circ. Backs Penn. Jury Invalidating Sherwin-Williams IP
A Pennsylvania federal judge rightfully invalidated claims of several Sherwin-Williams Co. paint coating patents after a jury trial, and properly barred inconsistent assertions from the company, the Federal Circuit held Thursday.
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July 25, 2024
Hertz Tells Chancery Warrant Holders Are Misreading Contract
A pair of investment funds that acquired 9 million warrants from Hertz after its bankruptcy and later sued the car rental company for breach of contract misinterpreted the warrant agreement, and their lawsuit should be dismissed, Hertz said in a response to the complaint brought before Delaware's Court of Chancery.
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July 25, 2024
Calif. Appeals Court Revives Roadside Attraction Challenges
A California state appeals court revived two suits targeting San Benito County approvals for a roadside attraction proposed to be built along Highway 101, holding that the Center for Biological Diversity and the Amah Mutsun Tribal Band filed timely challenges to the so-called Betabel Road project.
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July 25, 2024
Patent Atty Seeks Closure Over Ex-Firm's Back Wages
Discovery in a patent attorney's suit against his former firm, Pittsburgh-based Keevican Weiss & Bauerle LLC, has produced enough evidence to support summary judgment on some of his claims, according to a new motion filed this week in Allegheny County.
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July 25, 2024
Zurich Can't Revive Deductible In Georgia Coverage Suit
A Georgia federal judge rejected Zurich American Insurance Co.'s bid to reverse a ruling holding it could and did waive a $2.5 million flood deductible in its coverage row with First Solar Electric LLC over storm damage to a solar farm, holding that the insurer was just "regurgitating" arguments.
Expert Analysis
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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.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Considering A Practical FRAND Rate Assessment Procedure
As the debate over a fair, reasonable and nondiscriminatory rate continues inside and outside courtrooms, a practical method may assess whether the proposed FRAND rate deviates significantly from what is reasonable, and ensure an optimal mix of assets for managers of standard-essential patent portfolios, says consultant Gordon Huang.
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How Poor Governance, Weak Contracts Harm Cannabis Cos.
Decades into cannabis decriminalization and legalization, many companies in the industry still operate on a handshake basis or fail to keep even minimally required records, which can have devastating effects and lead to costly, business-killing litigation, says Griffen Thorne at Harris Bricken.
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How Biotech Cos. Can Utilize Synthetic Royalty Financing
Synthetic royalty transactions have been on the rise as a funding structure for biotechnology companies, but questions have arisen surrounding how such transactions work, and structuring them correctly requires a nuanced understanding, say Todd Trattner and Ryan Murr at Gibson Dunn.
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Key Maritime Law Issues In 2024: Election-Year Unknowns
In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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Key Maritime Law Issues In 2024: Environmental Challenges
In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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How Biotech Deals May Help Competition, Despite FTC View
The Federal Trade Commission's complaint against Sanofi's proposed partnership with Maze Therapeutics highlights increasing skepticism of so-called killer acquisitions, but a closer look reveals potentially legitimate reasons behind why entities might decide to delay or abandon the development of acquired products, say consultants at Analysis Group.
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Key Maritime Law Issues In 2024: Geopolitics And Sanctions
Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Black-Led VC Fund Case Could Hinge On Nature Of Grants
Organizations whose missions involve any manner of race-conscious funding should closely monitor arguments this week in American Alliance v. Fearless Fund, a case filed against a grant program that seeks to address the gap in venture capital funding for Black women-led businesses, which will examine whether grants are charitable under Civil Rights Act Section 1981 liability, say Kali Schellenberg and John Stapleton at LeVan Stapleton, and Kenneth Trujillo at Chamberlain Hrdlicka.