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Commercial Contracts
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January 30, 2025
Merck Can't Ditch Worker's Race Bias Suit Ahead Of Trial
A New York federal judge on Wednesday refused to enter judgment for Merck & Co. in a Black former information technology director's suit alleging the company discriminated against him by firing him after he had a contractor removed from his project, teeing up the case for trial.
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January 30, 2025
Paramount Settles Fee Suit Over Pacquiao-Mayweather Fight
Paramount Global has settled a nearly decade-old lawsuit over a finder's fee for the lucrative 2015 boxing match between Manny Pacquiao and Floyd Mayweather Jr., according to a Thursday notice in California state court.
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January 30, 2025
Lower Court Altered Contract Reading, Texas Justices Told
An Energy Transfer subsidiary told the Texas Supreme Court that a lower court upended the way contracts are interpreted in the state when it found no remedy for alleged losses from a soured $1 billion deal with an Exxon Mobil Corp. unit.
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January 30, 2025
Perdue Loses Bid To Halt DOL's Whistleblower Process
Perdue can't block the U.S. Department of Labor's administrative proceedings for whistleblower complaints, a North Carolina federal judge has concluded, saying the chicken producer failed to show why the proceedings should be stopped urgently.
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January 30, 2025
Ex-Partners Used Co. Money For Other Biz Ventures, Suit Says
A Colorado restaurant company is suing two former managing members for "brazen and wide-ranging fraud" against the company, alleging the members used company coffers to fund employees and expenses for their own business ventures.
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January 30, 2025
Semiconductor Co. Eyeing $5M Award Can't Get Asset Freeze
A California federal judge has denied a Chinese semiconductor company's request to bar a commodity trading firm from dissipating its assets while the two are locked in an arbitration battle over a contract for lithography machines, saying the trader, now aware of the litigation, had not sold off its assets or indicated an intention of doing so.
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January 30, 2025
Historic Soda Co. Says Ex-Officer's Lease Suit Is 'Revenge'
Foxon Park Beverages Inc., a century-old soft drink maker in Connecticut, has asked a state court judge to dismiss a lawsuit alleging that it entered into an unfair lease agreement with another company owned by the same family, arguing that the entities' former president brought it for an improper purpose.
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January 30, 2025
Panel Passes On Snowboarder's Version Of Ski Waiver Ruling
A Colorado state appeals court on Thursday said it didn't need to touch an injured snowboarder's argument that precedent limiting the reach of ski resort liability waivers also applies to his lawsuit over a snowmobile collision, because the snowboarder released any legal claims when he later purchased a resort pass.
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January 30, 2025
Food Co. Says Ex-Manager Hoodwinked Customers For Rivals
The former general manager of a chicken processing plant allegedly double-crossed his employer by working with two competing food distributors to poach customers through deceptive sales pitches and pocketing company funds through off-the-book rental agreements, according to a newly designated North Carolina Business Court complaint.
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January 30, 2025
Ligado Creditor Pans 'Exorbitant' Fees For $115M DIP Loan
Satellite communications company Ligado Networks LLC's largest unsecured creditor asked a Delaware bankruptcy judge to reject the company's proposed $115 million Chapter 11 financing package, saying Ligado's secured lenders were seeking to help themselves to $100 million in fees as part of the deal.
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January 30, 2025
WB's 'The Pitt' Is 'Absolutely' An 'ER' Reboot, Crichton Says
Counsel for the widow of "ER" creator Michael Crichton urged a California state judge on Thursday not to toss allegations that Warner Bros. Discovery's new medical drama "The Pitt" is an unauthorized reboot, saying the now-streaming show's development history proves it "absolutely derived" from the 1990s and early 2000s hit.
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January 30, 2025
NC Biz Court Bulletin: Sanctions Miss, Philip Morris Refund
In the second half of January, the North Carolina Business Court tussled with sanctions against a biogas company, heard claims an insurer tried to deliberately embarrass Cadwalader Wickersham & Taft LLP and ordered an $11 million tax refund for Philip Morris.
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January 30, 2025
Ex-Charter Communications IT Exec Says Noncompete Is Void
A former Charter Communications Inc. executive has asked a Connecticut federal judge to throw out the company's trade secrets claims against him or at least transfer the case to Colorado, arguing that his ex-employer has failed to say what secrets he allegedly took to his new job and that his noncompete agreement is void.
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January 30, 2025
Broker Sues Builder After Condo Plan Ditched For Apartments
A brokerage contracted to market condominiums in Denver says a developer is refusing to pay commission and other costs after deciding to convert the project into an apartment complex, according to a lawsuit filed in Colorado state court.
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January 30, 2025
Storage Co. Says Rothman Gordon Left Behind Files, Big Bills
The defunct Pittsburgh law firm Rothman Gordon PC has left thousands of file boxes in storage at a contractor's warehouse without paying, and is insisting that the contractor go through the stored records to return files to former clients, according to a lawsuit the storage company filed in Pennsylvania state court.
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January 29, 2025
Fla. Yacht Owner Seeks Depo At Courthouse After Shooting
A yacht owner has urged a Florida state court to allow a deposition in a lawsuit over an ownership dispute to be taken at the downtown Miami courthouse, saying he fears for his safety following threats on his life and a shooting that almost killed him.
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January 29, 2025
Spotify Beats Suit Challenging 'Bundling' Royalty Structure
A New York federal judge tossed a challenge to Spotify's new method for calculating artist royalties Wednesday, finding that the streaming giant followed the law in "bundling" a premium subscription that gives users access to both music and audiobooks.
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January 29, 2025
Apple Will Appeal Denial Of Bid To Defend Google Search Deal
Apple said Wednesday that it will appeal an order refusing to let it intervene in the government's search monopolization case against Google to defend a multibillion-dollar revenue-sharing deal that makes Google the default search engine for the Safari browser.
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January 29, 2025
$17M Punitive Award Reversed In Miami Hotel's Noise Suit
A Florida state appeals court on Wednesday upheld sanctions against the owner of two Miami Beach hotels for committing fraud on the court in a commercial landlord-tenant dispute, but the court threw out a $17.4 million punitive damages award and ordered a new trial on that issue.
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January 29, 2025
Dentons Taps SEC Enforcement Vet From Morrison Cohen
Dentons has brought on a former U.S. Securities and Exchange Commission enforcement attorney from Morrison Cohen LLP, where his work made headlines when he won a rare sanctions order against the regulator over its handling of a case against a client, the crypto project known as Debt Box.
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January 29, 2025
Mich. Judge Doubts Discovery Dispute Should DQ Firm
A Michigan federal judge on Wednesday said a law firm's alleged "bad behavior" doesn't necessarily mean it can't represent a former CEO of a solar energy company, telling residents who sought to disqualify the firm because of a supposed conflict that their complaints may be better dealt with through discovery motions.
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January 29, 2025
Cell Tower Co. Says Colo. Jury Was Misled Over Dish Lease
Telecom infrastructure giant Crown Castle is urging the Colorado Court of Appeals to vacate a jury finding in its $32 million suit against Dish Network over allegedly unpaid cell tower site rent, arguing that a judge's pretrial ruling led the jury to incorrectly find that Dish wasn't at fault.
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January 29, 2025
Defamation And Default Alleged In Conn. Mortgage Biz Battle
A Connecticut businessman accused of raiding a mortgage servicer's business accounts to start a competing firm says the company defamed him in a counterclaim in state court lodged on the same day the company sought a default judgment in the litigation over a soured partnership.
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January 29, 2025
Amazon Says Docs FTC Wants For Prime Case Are Privileged
Amazon fired back in a discovery dispute in the Federal Trade Commission's case accusing the e-commerce giant of Prime subscription deception, saying the regulator is not entitled to documents tied to a company meeting because the records reflect legal advice and work product.
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January 29, 2025
Rental Co. Urges NC Justices To Review Debt Deadline Ruling
A South Carolina real estate rental company urged the North Carolina Supreme Court on Tuesday to overturn a lower court's decision that the company missed the window to enforce a debt because the automatic stay triggered by the debtor's bankruptcy filing didn't toll the statutory 10-year period for the company to renew the judgment.
Expert Analysis
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling
The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Considering European-Style Lockboxes For US M&A In 2025
The lockbox mechanism, commonly used in Europe, offers an attractive alternative to the postclosing price adjustments that dominate U.S. merger and acquisition transactions in private equity, particularly with the market's demand for transparency likely to remain steadfast under Trump, says Laurent Campo at Potomac Law.
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Using Contracts As Evidence Of Trade Secret Protection
Recent federal and U.S. International Trade Commission decisions demonstrate an interesting trend of judges recognizing that contracts and confidentiality provisions can serve as important evidence of the reasonable secrecy measures companies must take to prove the existence of protected trade secrets, say attorneys at Finnegan.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Why Asset-Based Loans May Suit PE Companies In 2025
As the prospect of higher tariffs and interest rates expands the need for liquidity, private equity investors would do well to explore the timing and provisions of asset-based loans offered in the burgeoning credit-fund sector, say attorneys at McDermott.
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Why Class Cert. Is Unlikely In Cases Like Mattel 'Wicked' Suit
A proposed class action recently filed in California federal court against Mattel over the company's "Wicked" doll boxes accidentally listing a pornographic website illustrates the uphill battle plaintiffs face in certifying a class when many consumers never saw or relied on the representation at issue, says Alex Smith at Jenner & Block.
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Adapting Force Majeure To A Predictably Unpredictable World
As the climate and political landscapes get more complicated, force majeure provisions will likely be triggered increasingly often, demanding an evolving understanding of when events and their impacts are truly unforeseeable, say attorneys at Nossaman.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.