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Commercial Contracts
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February 24, 2025
Investors Don't Have 'Shred' Of Fraud Evidence, Exxon Says
Exxon Mobil Corp. has told a Texas federal judge that an investor class doesn't have a "shred of evidence" that the company engaged in the stock inflation scheme the investors allege.
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February 24, 2025
FCA Didn't Forfeit Arbitration Rights In Defect Suit, Judge Says
An arbitrator must decide whether some drivers alleging Fiat Chrysler sold them vehicles with defective engines that shut off during use can pursue their claims, a Michigan federal judge said, finding the automaker didn't waive its right to seek arbitration by attacking the claims' merits before seeing if the drivers' purchase agreements had an arbitration clause.
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February 24, 2025
Law Firm Must Face Malpractice Suit Over Home Project Case
The New Jersey Appellate Division reinstated a malpractice suit against a Garden State firm on Monday in a published decision finding that the plaintiff was allowed to assign some of the proceeds of the case to third parties ahead of time.
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February 24, 2025
Penn National Settles NC Hurricanes Coverage Suit
Penn National Mutual Casualty Insurance Co. settled a property owner's insurance payout suit filed in North Carolina federal court just before the suit headed to trial.
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February 24, 2025
Mass. City Says Ex-Team Owners Reneged On Stadium Fees
The city of Brockton, Massachusetts, claims in a lawsuit filed in state court that the former owners of a minor league baseball team owe the economically struggling community more than $68,000 for the use of a city-owned stadium for games and a concert last year.
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February 24, 2025
Supreme Court Skips Fee-Shifting, IP Web Scraping Questions
The U.S. Supreme Court on Monday rejected petitions involving fee-shifting in copyright cases, whether judges or juries should decide what can be copyrighted, and if scraping public information online should be considered hacking under the Defend Trade Secrets Act when it is done by a computer.
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February 24, 2025
Justices Nix Whistleblower Suit Over Arbitral Vacatur Limits
The U.S. Supreme Court on Monday declined to review a petition that raised questions about the standards under which courts can vacate or enforce arbitral awards, in a case brought by a whistleblower who sought to challenge an arbitral award favoring his former employer.
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February 21, 2025
Trade Secrets Dispute Between Cell Tower Cos. Stays Alive
A Pennsylvania federal judge on Thursday narrowed a lawsuit between rival cell tower companies over the use of pricing information, dismissing trade secret claims stemming from leases that lacked confidentiality or nondisclosure provisions.
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February 21, 2025
Appeals Court Says No Contract Dooms Ranch Sale Challenge
A Texas appeals court found no grounds to revive most of the rejected claims a land brokerage lodged against the owners of a 1,200-acre ranch and their real estate and escrow agents after its attempt to buy the property fell through.
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February 21, 2025
Eli Lilly Has Exclusivity Over Weight Loss Drug, FDA Says
The U.S. Food and Drug Administration asked a Texas federal court to reject a request for an injunction that would allow compounding pharmacies to produce a lucrative weight loss drug, saying the agency based its decision on sound facts and it was within its authority.
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February 21, 2025
Mich. Pot Cos. Say Grand Rapids' Equity Fees Are Illegal
A group of cannabis companies is suing the city of Grand Rapids in Michigan state court, saying it is illegally charging them millions in fees through its social equity program.
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February 21, 2025
NFL Alums Accused Of Misusing COVID Outreach Funding
The National Football League's largest alumni organization has been accused by a biotechnology company of trying to misuse Georgia taxpayer dollars intended for a COVID-19 vaccine education program before unlawfully breaking their contract last year.
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February 21, 2025
Insurers Ask High Court To Review Tribal Jurisdiction Order
A group of insurers led by AIG unit Lexington Insurance Co. urged the U.S. Supreme Court to review a Ninth Circuit ruling ordering them to litigate COVID-19-related property insurance claims in Suquamish Tribal Court despite the insurers' contention that the coverage claims related to "off-reservation conduct."
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February 21, 2025
9th Circ. Revives Atty's Ownership Claims Over Calif. Winery
A Ninth Circuit panel on Friday revived an attorney's ownership claims over a California winery, finding factual disputes over an alleged oral agreement with the winery's former owner require a trial, while also upholding a jury's verdict that found a breach fiduciary duty claim against the attorney that awarded no damages.
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February 21, 2025
Wash. Health System Says Nurse Must Arbitrate Wage Claims
A Washington-based healthcare system facing a proposed class and collective wage action in Seattle federal court contends the plaintiff nurse agreed to arbitrate any claims with the third-party staffing agencies he contracted with to work at its facilities.
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February 21, 2025
Manufacturer Not Covered For Pot Grower Claims, Court Told
Cincinnati Insurance Co. said it has no duty to defend or indemnify a manufacturer accused of misrepresenting the capabilities of its indoor marijuana growing systems, telling a Michigan federal court Friday that underlying claims brought by a cannabis company do not trigger coverage.
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February 21, 2025
Swizz Beatz Says Suit Over 1MDB Funds Is Time-Barred
Hip-hop artist Swizz Beatz has told a Manhattan federal judge that a suit claiming he received millions of dollars that were stolen in the 1Malaysia Development Berhad fraud scandal should be tossed since it was brought after the six-year statute of limitations.
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February 21, 2025
NJ High Court Takes Up Pharma Co. Fraud Coverage Row
The New Jersey Supreme Court will review an appeals court's ruling against indemnification in a case of first impression on the applicability of an exclusion barring directors and officers coverage for wrongful acts "in any way involving" an insured's work for an uninsured entity, the high court announced.
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February 20, 2025
Amazon Says FTC 'Stonewalled' Discovery In Antitrust Case
The Federal Trade Commission is relying on "boilerplate objections and untenable hyper-technicalities" to delay discovery in its antitrust suit against Amazon, the e-commerce giant said in a new motion in Seattle federal court, seeking to force the agency to hand over information about its case.
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February 20, 2025
Textbook Authors Seek Final OK Of $20M Royalties Deal
A class of authors asked a New York federal judge Wednesday to give his final blessing to a $20 million settlement resolving their claims that an educational content company broke its publishing agreement by underpaying promised royalties, calling the deal "an excellent result under any metric."
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February 20, 2025
Guinea Fends Off Push To Enforce $22M Telecom Award
A D.C. federal court said it lacked jurisdiction to enforce a $22 million arbitration award against the Republic of Guinea stemming from a system enabling the country to tax international telecommunications traffic, saying the nation wasn't a party to the underlying arbitration agreement.
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February 20, 2025
Lottery.com Exec Indicted Over Allegedly Bogus SPAC Filings
New York federal prosecutors unveiled criminal charges Thursday against Trident Acquisitions Corp.'s former CEO, accusing the executive of duping investors about the profitability of a 2021 take-public deal involving Lottery.com Inc. before cashing out and lying under oath while privately telling alleged co-conspirators he's in "deep, deep, deep, deep water."
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February 20, 2025
Google Argues $20M Verdict Is Tied To 'Unverifiable' Testimony
Google is defending its challenge to testimony from a patent licensing trial that led to a $20 million jury verdict against it, telling the full Federal Circuit that it is wrong to let "unsupported and unverifiable" assertions go in front of jurors.
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February 20, 2025
Bell Textron Says Iran Is Refusing To Pay $1.7M Storage Costs
Helicopter manufacturer Bell Textron Inc. has sued the Islamic Republic of Iran in Texas federal court, claiming it is owed $1.67 million for its continued storage of equipment once owned by the pre-revolutionary Iranian government.
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February 20, 2025
Judge Trims Atlanta Rap Producer's Copyright Suit
A Georgia federal judge has pared a copyright infringement suit Atlanta rap producer Terrell Perry filed against several record labels for allegedly using his beats without permission in tracks by Rich Homie Quan, dropping Warner Music Group as a defendant and limiting the scope of what alleged infringement could be eligible for damages.
Expert Analysis
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Int'l Agreements Are Key For Safe Nuclear Waste Disposal
By replacing fossil fuels, nuclear energy has the potential to offer a major contribution to the global fight against climate change — but ensuring that nuclear power is safe and sustainable will require binding, multinational agreements for safe nuclear waste disposal, say Ryan Schermerhorn and Christopher Zahn at Marshall Gerstein.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Opinion
FTC's Report Criticizing Drug Middlemen Is Flawed
The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Del. Dispatch: Cautionary Tales Of 2 Earnout Effort Breaches
The Delaware Court of Chancery's tendency to interpret earnout provisions precisely as written, highlighted in two September rulings that found buyers breached their shareholder obligations when they failed to make reasonable efforts to hit certain product development milestones, demonstrates the paramount importance of precisely wording these agreements, say attorneys at Fried Frank.
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Managing Sanctions Defense Across Multiple Jurisdictions
Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.
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How Cos. Can Protect Supply Chains During The Port Strike
With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out
Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Kubient Case Shows SEC's Willingness To Charge Directors
The U.S. Securities and Exchange Commission's recent fraud charges against Kubient's former CEO, chief financial officer and audit committee chair signal a willingness to be more aggressive against officers and directors, underscoring the need for companies to ensure that they have appropriate channels to gather, investigate and document employee concerns, say attorneys at Jenner & Block.
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3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim
The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.