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Commercial Contracts
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April 02, 2024
Adams And Reese Can't Use Free Speech Law To Avoid Suit
In finding that a Texas free speech law does not shield Adams and Reese LLP from a malpractice suit brought by an electrical subcontractor, a state appellate court said Tuesday that it was the law firm's alleged "failures to communicate" that is at issue.
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April 02, 2024
Law Firm Can't Make Atty Arbitrate Pay Spat, NC Panel Rules
A local law firm can't force a former shareholder to arbitrate his suit alleging he was stiffed on pay, the North Carolina Court of Appeals ruled Tuesday, saying it would be a stretch to find his claims stem from two side agreements containing arbitration clauses.
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April 02, 2024
Philly Uber Class Action Atty Heads To Lichten & Liss-Riordan
One of the attorneys representing a proposed class of Philadelphia Uber drivers in their wage suit against the company left the Steel City's Pietragallo Gordon Alfano Bosick & Raspanti LLP for the new New Jersey office of Lichten & Liss-Riordan PC, his co-counsel in the ride-hailing case.
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April 01, 2024
RICO Claims Fail In Suit Against Developer, Judge Says
A Texas federal judge on Monday dismissed a lawsuit brought by real estate entities associated with a Dallas developer who accused the founders of Megatel Homes LLC of racketeering, saying that the lawsuit didn't plausibly state that the defendants had engaged in any unlawful racketeering activity.
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April 01, 2024
Insurance Mogul's Cos. Want $161M Arbitration Case Tossed
Two companies associated with Greg Lindberg are looking to nix litigation filed by defunct Dutch life insurer Conservatrix to enforce an arbitral award that could force the embattled insurance mogul to fork over about $161 million, arguing that the award orders only provisional relief and is not enforceable.
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April 01, 2024
Dish Tells Jury It's Getting Squeezed For Millions In Extra Rent
Dish Wireless told a Denver jury Monday that one of the nation's largest telecommunications infrastructure companies is trying to change a 30-year deal and get "hundreds of millions" of dollars in extra rent for storing equipment at cell tower sites because it knew Dish had no other option.
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April 01, 2024
Mixed Ruling Readies Vegas Newspapers For Trial
A Nevada federal judge has teed up the Las Vegas Review-Journal and the Las Vegas Sun for a contentious trial with a decision nixing Review-Journal antitrust counterclaims, preserving core Sun antitrust claims and holding the Review-Journal to an agreement to distribute the papers as a single product.
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April 01, 2024
Alien IP Suit Against New Age Video Co. Gaia Falls To Earth
A Colorado federal judge has dismissed nearly all of a lawsuit from a UFO community influencer against yoga and New Age content website Gaia Inc., finding most of his claims were too vague.
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April 01, 2024
Chinese Investment Fund Looks To Enforce $4.4M Award
A Chinese investment fund has asked a California federal court to enforce a $4.4 million arbitral award against a businessman, saying he reneged on his promise to acquire a stake in an energy management company and now won't appear before an arbitration tribunal.
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April 01, 2024
Nasdaq Sank Minority-Led SPAC's Tech Co. Merger, Suit Says
The Nasdaq Stock Market along with in-house lawyers and other executives face claims they "arbitrarily and capriciously" abused their discretion to unfairly undermine a merger plan for a minority-led special purpose acquisition company seeking to bring a minority-led technology company onto the stock market.
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April 01, 2024
Investors Group Says New EB-5 Guidance Violates APA
A trade association of EB-5 visa regional centers brought U.S. Citizenship and Immigration Services into D.C. federal court, accusing the agency of abruptly changing the minimum investment period for foreigner investors seeking green cards without soliciting public comments.
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April 01, 2024
Catching Up With Delaware's Chancery Court
Last week, Delaware's Court of Chancery saw a $42.5 million settlement, dismissal of two big suits with two more remanded back, and new cases from shareholders of Walt Disney, Donald Trump's Truth Social, Rivian Automotive and BarkBox.
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April 01, 2024
Sports Illustrated Hits 'Gangster' Ex-Publisher With IP Suit
The owner of Sports Illustrated alleges in a $49 million lawsuit filed Monday in Manhattan federal court that an energy drink mogul acted like a "gangster" when he became the magazine's publisher, tearing apart a long-standing licensing agreement while sabotaging the brand and holding hostage valuable intellectual property.
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April 01, 2024
Conn. Condo Owners OK To Litigate Foundation Repair Claims
The estates of two deceased homeowners can pursue contract claims against a condominium board in consolidated litigation targeting issues with the units' foundations, the Connecticut Supreme Court ruled Monday, finding the contract-based allegations in the complaints were timely filed.
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April 01, 2024
Trump's Truth Social Florida Suit Leaves Del. Judge 'Agog'
A Florida lawsuit pitting Donald Trump's social media company against the two former "Apprentice" contestants who helped the former president create the Truth Social platform has flummoxed a Delaware Chancery judge, who said Monday the litigation left him "dumbfounded."
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April 01, 2024
BNSF Says Tribe Can't Claim $1.3B For Oil Train Trespassings
BNSF Railway Co. has asserted a Washington tribe is not entitled to $1.3 billion for the shipping of crude oil across its reservation for nearly a decade, arguing the tribe wants to strip railroad profits from a 1,500-mile route when the illegal trespassing occurred across an easement less than a mile long.
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April 01, 2024
Philip Morris Loses Chancery Bid To Join Reynolds-ITG Suit
Philip Morris' "inexcusable," years-long inaction doomed its request to intervene for a cut of millions of dollars in profit adjustments, headed toward a Chancery Court trial later this year, in a dispute between two other tobacco giants over how much each party owes under a settlement with Florida, a Delaware vice chancellor ruled Monday.
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April 01, 2024
Kirkland Atty Escapes Malpractice Suit Over Loan Docs
A Kirkland & Ellis LLP attorney has secured an early win in a legal malpractice case alleging he botched an estate planning matter and lost his client millions in a later divorce, with a New Jersey federal court finding the client couldn't prove "proximate causation" of alleged damages in light of her subsequent divorce settlement.
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April 01, 2024
Clifford Chance Adds 2 Insurance, Antitrust Experts In NY
Clifford Chance LLP has picked up two attorneys for its expanding insurance and antitrust groups, adding a specialist in private equity with more than 15 years of experience and a property and casualty loss expert.
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April 01, 2024
Aramark Accuses Aetna Of 'Gamesmanship' In Benefits Fight
Aramark said Aetna sued it over an arbitration pact in Connecticut as a tactical response to Aramark's Texas suit claiming the insurer cost it millions by approving shoddy health benefit claims, and urged a federal judge to ship Aetna's suit to Texas as well.
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April 01, 2024
Canadian Trucking Co. Seeks US Bankruptcy Recognition
Canadian truck dealers the Pride Group on Monday asked a Delaware judge for U.S. recognition of the Canadian insolvency proceedings it began in the face of a more than $90 million claim from Mitsubishi over an alleged loan default.
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March 29, 2024
Hogan Lovells Vet's High Court Debut A Study In Contrasts
Several weeks ago, when a Hogan Lovells lawyer finally delivered U.S. Supreme Court arguments after 20 years at the firm, she parsed arcane arbitration issues and her words weren't widely heard outside the courtroom. But weeks later and back at the high court podium, her words were heard nationwide when she pointedly spotlighted a judge's use of "anonymous blog posts" in a bombshell abortion ruling.
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March 29, 2024
UTA's Atty Hit With $125M Suit Over 'Pathological Liar' Remark
United Talent Agency's attorney has been accused of defaming MediaLink founder Michael Kassan by calling him a "pathological liar" in the press, according to a suit filed in Los Angeles County, the latest development in a fierce dispute that has seen UTA and Kassan accuse each other of fraud.
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March 29, 2024
BofA Unfairly Charges Fees For Others' Bad Checks, Suit Says
Bank of America is the latest financial institution to face a class action alleging it wrongfully charged customers a fee when they deposited checks that then bounced.
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March 29, 2024
Weed Investors' Money Shift Cost Co. Millions, Suit Says
A Michigan entrepreneur has hit his ex-partner with a $5 million lawsuit, accusing him of wrecking plans to buy a 10-acre marijuana grow facility near Ann Arbor by poaching the lead investors so he could fund his own Colorado cultivation.
Expert Analysis
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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How New Illinois Child Influencer Law Affects Advertisers
Although Illinois' recently amended child labor law puts the burden on vloggers to ensure minors under the age of 16 featured in online videos are properly compensated, lack of compliance could reflect negatively on advertisers by association, say Monique Bhargava and Edward Fultz at Reed Smith.
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10 Legal Subject Matters Popping Up In AI Litigation
The past five years have brought judicial opinions addressing artificial intelligence in many different legal areas, so a study of existing case law is an important first step for in-house counsel addressing how to advise on the uncertainty driving many of the AI legal disputes, says Mark Davies at Orrick.
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The NIL Legislation Race: CAPCA And The PASS Act
Christina Stylianou and Gregg Clifton at Lewis Brisbois compare the College Athletes Protection and Compensation Act and the Protecting Athletes, Schools, and Sports Act — two of the latest bills introduced to federally regulate publicity rights for the name, image and likeness of college student-athletes.
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Lenders Should Study New York's Biz Loan Disclosure Rules
Loan providers will need to dive deep into the detailed rules governing New York state’s new commercial financing disclosure requirements in order to successfully understand and comply with the recently implemented law, say Barry Hester and Gretchen von Dwingelo at BCLP.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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Keys To Robust AML Programs At Private Funds
Attorneys at Lowenstein Sandler explain why hedge funds, private equity funds and venture capital funds should develop risk-based anti-money laundering compliance programs despite not being subject to the Bank Secrecy Act, and offer tips on setting up a program similar to those implemented by financial institutions.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Barbie Deals Should Remind Brands Of IP Licensing Benefits
Mattel Inc.'s recent licensing of the Barbie trademark — one of the biggest licensing campaigns of recent history — illustrates that, as long as risks are managed properly, intellectual property licensing can form part of the overall business strategy and benefit both parties, say Maria Peyman and Anousha Vasantha at Birketts.
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Opinion
Has The NCAA Not Learned NIL Policy Lessons Of The Past?
The NCAA has applied its heavy hand — which has been slapped back by courts and legislatures — again, saying that colleges must comply with its name, image and likeness policies even if they conflict with state laws, but recent antitrust decisions might caution against its reasoning, says Kenneth Jacobsen at Temple University.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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Counterfactual Models: A Key Tool In Energy Price Disputes
The Federal Energy Regulatory Commission's recent review of penalties assessed by PJM Interconnection during Winter Storm Elliott is just one example of how estimating the behavior of energy markets in counterfactual scenarios is an essential tool for settling contractual and regulatory disputes, say Kivanç Kirgiz and Manuel Vasconcelos at Cornerstone Research, and independent consultant Roy Shanker.
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5 Ways To Improve Commercial Arbitration Clauses
Arbitration clauses have become ubiquitous as parties hope to streamline disputes, but with boilerplate language leading to the same downsides as conventional litigation, commercial contract drafters should opt for custom-written terms, say Lauren Zimmerman and Jeff Zalesin at Selendy Gay.
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Mitigating Risk In US Liquefied Natural Gas Contracts
Recent increases in demand for liquefied natural gas in both European and Asian markets will present logistical, economic and legal challenges for suppliers, which will need to mitigate risks posed by both short-term and long-term contracts, says C. Thomas Kruse at Arnold & Porter.