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Commercial Contracts
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September 24, 2024
Google Can't Ditch Privacy Suit Over Period App Data Sharing
A California federal judge has refused to release Google from a proposed class action alleging the company used a data analytics tool to wrongfully retrieve data from menstruation tracking app Flo, rejecting the tech giant's arguments that the plaintiffs lacked standing and had consented to the disclosures.
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September 24, 2024
Athlete Investment Co. Gets Claims Nipped In $1M Fraud Suit
A New York federal judge has trimmed a suit alleging that an athlete investment company that aimed to "tokenize" and sell shares of professional athletes was involved in a $1 million fraud and lied about its business plan, saying the plaintiff is conflicted from bringing certain derivative claims.
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September 24, 2024
11th Circ. Weighs 'Good Cause' In Franchise Termination Suit
The Eleventh Circuit on Tuesday considered whether Hyundai Motor Corp. acted with "good cause" when it terminated a franchise owner's dealership contracts over sexual assault charges against the franchise owner's son, with arguments largely focused on whether the carmaker acted with "good cause."
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September 24, 2024
Helicopter Maker Skirted FAA Requirements, Jury Hears
Fort Worth-based Bell Helicopter Textron Inc. used a former vendor's trade secrets to skirt the need for regulatory approval, a jury heard in Texas state court Tuesday, allegedly avoiding requirements set by the Federal Aviation Administration as the company pulled the rug out from under its old vendor.
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September 24, 2024
Fired United Rentals Worker Denies Competing In New Job
United Rentals Inc. cannot show that it suffered irreparable harm when an ex-employee started working for a new company after he was fired, and even if it could, his noncompete agreement is unenforceable, the worker said in a filing in Connecticut state court that seeks to stave off a preliminary injunction.
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September 24, 2024
Wash. Justices Dubious Of Moonlighting Ban Loophole
Washington state Supreme Court justices expressed doubt Tuesday that the state's moonlighting protections included an exception allowing companies to ban employees from other businesses in the same industry, saying that would contradict the noncompete statute's aim of supporting mobility for low-wage earners.
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September 24, 2024
Appeals Court Finds LNG Project Claims Barred By Arbitration
An arbitration between a Kinder Morgan affiliate and a U.S. energy company concerning an abandoned gas project foreclosed a later breach of contract case from the U.S. company's Italian parent, a New York appeals court ruled Tuesday.
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September 24, 2024
Pac-12 Suit Says Mountain West 'Poaching' Fee Goes Too Far
The Pac-12 Conference, which has spent much of September luring away five Mountain West Conference universities to rebuild its depleted membership, sued the rival conference Tuesday for imposing a "poaching penalty" of tens of millions of dollars in exit fees that it called "one-sided" and anticompetitive.
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September 24, 2024
Chancery Told SwervePay Deserves Sanctions In Earnout Suit
A court-appointed special magistrate has recommended sanctioning e-payment venture SwervePay and related parties over up to 22 months of missing or deleted text messages sought by SPOSC Investment Holdings and others in a post-merger battle over an alleged multibillion-dollar overstatement of "monetizable" payment traffic.
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September 24, 2024
Musk, X Seek To End Ex-CNN Anchor's Talk Show Fraud Suit
Elon Musk and his social media platform X have asked a California federal judge to toss former CNN anchor Don Lemon's suit against over a collapsed talk show deal, saying the claims are insufficiently supported, Musk wasn't properly served, and there's no jurisdiction to proceed in the Golden State.
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September 24, 2024
4th Circ. Reluctant To Let NFL Fans Pass On Arbitration
The Fourth Circuit on Tuesday seemed likely to make National Football League fans arbitrate their claims against the Washington Commanders over injuries sustained in the team's stadium, with one judge calling it "weird" to think attendees could dodge contract terms just because someone else bought their tickets.
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September 24, 2024
Real Estate Cos. Accuse Partner Of Mucking Up $21M Deal
Two real estate companies and other parties have told a North Carolina federal court that their business partner must be forced to sign off on the more than $21 million sale of a North Carolina apartment complex or their businesses will suffer financially.
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September 24, 2024
Meta Can't Nix Misrepresentation Claims In Revenue Split Suit
Meta Platforms Inc. can't nix misrepresentation claims by a Canadian news site alleging the social media giant rejected its ads without explanation in violation of its policy, after a California federal judge said Monday the plaintiff sufficiently alleged it relied on Meta's promises to provide such explanations when deciding to invest millions of dollars to advertise.
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September 24, 2024
Everton Finds New Buyer In US Billionaire
The company controlled by U.S. billionaire businessman Dan Friedkin has agreed to take a majority stake in Everton Football Club in a move that comes after a prior Everton sale fell through amid legal troubles for the buyer.
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September 24, 2024
Insurer Says Telecom Co. Not Covered For Marshall Fire Suits
A Liberty Mutual unit told a Colorado federal court that a subsidiary of Lumen Technologies isn't an additional insured under a policy issued to a construction company, thus making the subsidiary ineligible for coverage of underlying lawsuits alleging that poorly designed telecommunications lines contributed to the 2021 Marshall Fire.
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September 24, 2024
Harvard Says Alums Can't Sue Over Antisemitism Concerns
A lawyer for Harvard University told a Boston federal judge on Tuesday that alumni suing the elite school over antisemitism on campus may have sincere concerns about their alma mater, but they lack standing to air those issues in court.
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September 24, 2024
4th Circ. Poised To Uphold $1M Sanction For Court 'Attack'
The Fourth Circuit on Tuesday appeared ready to uphold a roughly $1 million sanction against New York plaintiffs attorney Paul Napoli for his purportedly frivolous filings in a battle with another firm over asbestos litigation client referrals, with one judge accusing Napoli of making a "collateral attack" on a federal court's authority.
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September 24, 2024
Medical Marijuana Co. Investors Seek Default In $200K Suit
A pair of would-be investors have asked a Georgia federal court to enter a default judgment against purported medical marijuana company Mississippi Green Oil LLC and one of its members, saying they failed to respond to a complaint seeking the long overdue repayment of their $200,000 investment.
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September 24, 2024
Favre Parkinson's Reveal Overshadows Welfare Fraud Hearing
Hall of Fame quarterback Brett Favre revealed he has Parkinson's disease during a congressional hearing on misuse of welfare funds, where he was overwhelmingly lauded and escaped tough questions about his alleged involvement in a sprawling Mississippi welfare scandal.
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September 24, 2024
Exxon Claims It Beat Weak Defense In $1.8B Tax Trial
Exxon Mobil urged a Texas federal judge to find that it defeated what it called a scattered defense by the U.S. government during a five-day bench trial in April when the company argued for a $1.8 billion tax refund on its natural gas deal with Qatar, according to newly released filings.
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September 24, 2024
DOJ Accuses Visa Of Monopolizing Debit Card Market
The U.S. Department of Justice accused Visa on Tuesday of illegally maintaining a monopoly over debit card networks by using its dominance to thwart competition from new and existing rivals, as the Biden administration continues its push to combat high prices using antitrust law.
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September 24, 2024
Miller & Chevalier Adds Federal Tax Expert From White & Case
Miller & Chevalier Chtd. announced that it added a former partner at White & Case LLP to its tax controversy and litigation practice.
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September 23, 2024
Reggie Bush Says USC, NCAA, Pac-12 Exploited His Image
Former University of Southern California star running back Reggie Bush on Monday accused his alma mater, as well as the NCAA and the Pac-12 Conference, of profiting off his name, image and likeness without ever compensating him in return, according to a suit filed in California state court.
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September 23, 2024
Tyson, Cargill Want Appeal Of Pollution Verdict Plan Certified
Tyson, Cargill and other poultry producers have urged an Oklahoma federal judge to certify their interlocutory appeal of a plan to hash out remedies concerning a river pollution trial that took place over a decade ago, arguing that the record is far too "stale" to support forward-looking relief now.
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September 23, 2024
PDVSA Can't Escape Oklahoma Co.'s Expropriation Suit
A D.C. federal judge has ruled that Venezuela's state-owned oil company must face an Oklahoma-based petroleum contract drilling company's lawsuit after its drilling rigs in the country were seized at gunpoint more than a decade ago, saying the drilling company had shown its assets were illegally expropriated.
Expert Analysis
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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No AI FRAUD Act Is A Significant Step For Right Of Publicity
The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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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.