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Commercial Contracts

  • June 19, 2019

    Target Cardholders Ink $8M Deceptive Marketing Deal

    A proposed class of Target debit card holders asked a California federal judge on Wednesday to sign off on an $8.2 million deal resolving claims that the retail giant deceptively marketed its store debit card, causing customers to incur fees when the card did not operate as a traditional debit card.

  • June 19, 2019

    Texas Panel Lets Ex-LLC Owner Access Company Records

    A divided Texas appellate court has ruled that a former member of a limited liability company can access company records because he "has been admitted as a member" under state law, in an opinion that required the justices to closely study the statute's grammar.

  • June 19, 2019

    Jenner & Block Lures Back Atty From Job With Drink Brands

    A former Jenner & Block LLP attorney has returned to the firm's Los Angeles office as a partner in the complex commercial litigation practice with a food and beverage focus, after serving as a lawyer for the holding company behind such brands as Pom Wonderful and Fiji Water, the firm said Tuesday.

  • June 19, 2019

    Pa. Attorney Can't Dodge $500K Malpractice Verdict

    A Pennsylvania appeals court on Wednesday refused to throw out a $500,000 malpractice verdict against a Philadelphia-area attorney for offering up ultimately worthless insurance policies as collateral on a deal he brokered between two of his clients for the sale of a house.

  • June 19, 2019

    MoneyLion Accused Of Making Illegal Loans To NC Borrowers

    Online lending startup MoneyLion on Tuesday removed a suit to federal court accusing it of knowingly saddling North Carolina borrowers with short-term loans that have exorbitant interest rates and “draconian” terms without a license to lend in the state, in violation of state and federal law.

  • June 19, 2019

    Delta's Privacy Policy Isn't A Contract, Judge Says

    A California federal judge took down the latest complaint against Delta and its online ticket provider by a flyer whose information was exposed in a massive 2017 data breach, finding her claims are based on a policy Delta flat-out states on its tickets is not binding.

  • June 19, 2019

    Parking Tech Co. Says AIG Must Defend It In Privacy Row

    An AIG unit must cover a parking technology supplier’s defense in a proposed class action over customer receipts that allegedly revealed too many credit card digits because the company’s insurance policy included coverage for privacy and security breaches, according to a lawsuit filed Wednesday in Pennsylvania federal court.

  • June 19, 2019

    Ex-Alaska Telecom Exec Gets 5 Years For $270M Scheme

    A Manhattan federal judge sentenced a former CEO of telecom company Quintillion Networks LLC to five years behind bars Wednesday for forging contracts in order to trick funders into investing $270 million to build a fiber optic data network in Alaska.

  • June 19, 2019

    Fees Suit Against Firm Nixed Over Attys' 'Avoidance Tactics'

    A New Jersey state judge has tossed an attorney fees suit against Roper & Thyne LLC since the suing lawyer's counsel at Nagel Rice LLP engaged in "avoidance tactics" and "blatantly disregarded" a court order by providing inadequate responses to discovery questions.

  • June 19, 2019

    Seafood Wholesaler's 'Draconian' Noncompete Too Broad

    A frozen seafood wholesaler's noncompete agreement against a former sales associate cannot be enforced because it is so broad he'd have to move to a different continent to find new seafood industry work, an Illinois state appellate panel ruled Monday.

  • June 19, 2019

    Mass. Agency Hit With $21M Verdict For Dredging Overruns

    A Boston jury has awarded more than $21 million to a pair of marine contracting companies after finding a quasi-government agency dramatically underestimated the cost of a dredging project and refused to pay the additional money needed to complete the job.

  • June 18, 2019

    Tom Girardi, 'Housewives' Star Illicitly Spent $5M Loan: Suit

    Attorney Tom Girardi, his law firm and his wife, “The Real Housewives of Beverly Hills” star Erika Jayne, abused a $5.1 million loan secured for Girardi & Keese’s business needs, instead putting the money toward sustaining “their lavish lifestyle,” according to a suit from lender Stillwell Madison LLC — the second lender to target the attorney.

  • June 18, 2019

    Nreal Ripped Off Magic Leap's AR Glasses Design, Suit Says

    Augmented reality startup Magic Leap has accused competitor Nreal and its founder of trying to take a "free ride" on Magic Leap's design for wearable AR technology in order to speed up the development of its own Nreal Light glasses, according to a suit filed Monday in California federal court.

  • June 18, 2019

    Aerotek Can't Force Calif. PAGA Claims To Arbitration

    A California federal judge has ruled that staffing agency Aerotek Inc. can’t push a former worker’s Private Attorneys General Act claims into individual arbitration, saying the U.S. Supreme Court’s landmark Epic Systems decision doesn’t undercut the Ninth Circuit's precedent that representative claims under PAGA can’t be waived.

  • June 18, 2019

    Landlord Says Attys Can't Defend $110K Transfer To New Firm

    The former landlord for the defunct law firm Titus & McConomy told the Pennsylvania Superior Court Tuesday that two ex-partners violated the Uniform Fraudulent Transfer Act by pledging $110,000 of their assets to their new firm to cover their legal fees, instead of letting creditors seek a piece of that money in bankruptcy court.

  • June 18, 2019

    Fuse Ch. 11 Plan, Settlement OK'd Without New Creditor Vote

    The Chapter 11 plan of multicultural media company Fuse LLC received court approval Tuesday in Delaware after a bankruptcy judge said a settlement with creditors didn’t require a new round of voting and disclosures by the debtor.

  • June 18, 2019

    1st Circ. Says Insurer Should Cover Power Co. In Fraud Suit

    The First Circuit has affirmed that Zurich American Insurance must fund Electricity Maine's defense of a proposed class action alleging it overbilled customers by about $35 million, saying a lower court correctly concluded the insurer has a duty to defend because the suit contains potentially covered negligence claims.

  • June 18, 2019

    Texas Panel Tells Trial Judge It's Time To Enter Judgment

    The Fourteenth Court of Appeals chastised a Houston trial court judge on Tuesday for an eight-month delay in entering judgment on a jury's verdict in a breach of contract case, saying the delay is “unreasonable and constitutes an abuse of discretion.”

  • June 18, 2019

    3 Classes Keep Certification In 'Sham' Fuel Fee Suit

    An Illinois state appellate panel affirmed the certification of three nationwide classes in a lawsuit accusing a mechanical and automotive part cleaner of charging its contracting auto shops "sham" fuel surcharges for its services since 2005.

  • June 18, 2019

    Ex-Time Warner Workers Try To Keep Vacation Pay Suit Alive

    A proposed class of more than 8,000 former Time Warner Cable employees have urged a California federal judge not to nix their suit claiming Charter Communications shorted them on vacation time following the telecom giants' merger.

  • June 18, 2019

    Ropes & Gray Backs Winston & Strawn In Arbitration Dispute

    Ropes & Gray entered a brief Monday to support Winston & Strawn’s push for U.S. Supreme Court review of a decision that kept a gender discrimination suit out of arbitration, arguing that law firms rely on confidential arbitration to keep sensitive client information from going public.

  • June 18, 2019

    9th Circ. Giving Free Pass On Power Deals, Solar Co. Says

    The Ninth Circuit has created a blueprint for states to stymie small-scale renewable energy development by refusing to order Montana regulators to make a utility buy power from solar projects at a price set before a now-scrapped regulatory change, the projects' developer said.

  • June 18, 2019

    Bernstein Litowitz Seeks $11M In Fees For $45M Waste Deal

    Bernstein Litowitz asked an Illinois federal court Monday to approve $11 million in fees for its work as lead counsel in negotiating a $45 million settlement over stockholders' claims that a solid waste hauler overstated projected earnings by ripping off customers with illegal fees.

  • June 17, 2019

    Apple Nixes 'Wireless Leash' Trade Secrets Claims, For Now

    Apple Inc. scored a victory Monday in a suit brought by wireless tech company Zomm LLC after a California federal judge decided to toss some of Zomm’s trade secret claims and put the rest on hold pending the outcome of patent review processes.

  • June 17, 2019

    Jury Says Shell, Alon Owe $40.6M In Pipeline Property Fight

    A California federal jury has awarded three property owners $40.6 million on their claims that pipelines owned by Shell Pipeline Co. and Alon USA Paramount Petroleum Corp. trespassed on their property, while declining to grant punitive damages.

Expert Analysis

  • A Common Thread In High Court Bankruptcy Cases This Term

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    While the two significant bankruptcy cases from this U.S. Supreme Court term — Taggart v. Lorenzen and Mission Product Holdings v. Tempnology — may appear to involve entirely separate issues, there is a similarity in the cases that could illuminate something important about how the court views bankruptcy law, says Craig Goldblatt of WilmerHale.

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • Employer Options For White Collar Contractors After Dynamex

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    Though multiple worker classification questions still swirl around the California Supreme Court's Dynamex decision, many have wondered what it means for white collar independent contractors. The law is still murky on this point, but there are several steps that might help hiring companies rebut a misclassification claim, say Raymond Bertrand and James de Haan at Paul Hastings.

  • What To Expect When You're Expecting The End Of Libor

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    The significant adjustments that market participants need to make when Libor is phased out will be undertaken while replacement rates and fallback provisions remain unresolved. Now is the time to take stock of your company’s exposures and map a path forward, say Gregory Harrington and Arturo Caraballo at Arnold & Porter.

  • Wash. Noncompete Reform: What Employers Need To Know

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    Washington recently enacted a law that will make it more difficult for employers to enforce noncompete agreements. Alicia Feichtmeir and Steven Peltin at Foster Pepper discuss key takeaways and open questions that may require litigation or legislative fixes.

  • How To Streamline Virtual Law Team Mass Tort Defense

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    A primary benefit of the virtual law team in mass tort litigation is creative collaboration. A "company case" approach is essential to breaking down the silos between team members, say attorneys at FaegreBD and Reed Smith.

  • Series

    Why I Became A Lawyer: A Fateful Phone Call

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    When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.

  • Law Firms Can Do Better With Their Mentoring Programs

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    There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.

  • Confidentiality: The New Employee Arbitration Battleground

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    The National Labor Relations Board's decision that arbitration agreements may not lawfully require employees to keep arbitrations confidential is not precedential and is expected to receive further review from the NLRB. But it is still useful for understanding the impact of the U.S. Supreme Court's Epic Systems decision, say Jared Gardner and Danielle Ryman of Perkins Coie.

  • 'Rocket Docket' Justifies Its Name For 11th Straight Year

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    The U.S. District Court for the Eastern District of Virginia “rocket docket” is still the fastest federal civil trial court in the country despite some recent trends causing its median time to trial to grow to 13.2 months, says Robert Tata of Hunton.

  • Commercial Lease Negotiations In Texas After Rohrmoos

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    Following the Texas Supreme Court's decision in favor of tenant rights in Rohrmoos Venture v. UTSW DVA Healthcare, parties to commercial leases should pay close attention to issues like what constitutes a landlord's breach of lease, and whether the tenant will waive the right to terminate in the event of a breach, says Cara Kelly of Greenberg Traurig.

  • Avoiding Joint Employer Issues Under Uncertain Standards

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    At best, there is no consistency when it comes to joint employer standards. But while lawyers pontificate on the nuances in rulings and pronouncements, the real issues employers routinely face are not part of this discussion, says Jeffrey Heller of Vorys Sater.

  • 10 Labor And Employment Considerations In Esports

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    As new companies enter the esports space — which could reach revenues of $1.1 billion in 2019 — the importance of proactively addressing potential labor and employment issues is highlighted by the industry’s unique characteristics, say Jonathan Stoler and Daniel Masakayan at Sheppard Mullin.

  • Measuring The Value Of A Law Firm's Social Media Efforts

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    Most legal marketers struggle to show the return on investment of their social media efforts, but establishing and answering several key questions can help demonstrate exactly how social media programs contribute to a law firm's bottom line, say Guy Alvarez of Good2bSocial and communications consultant Tom Orewyler.

  • What To Expect From An Appeal Of FTC V. Qualcomm

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    Any appeal of a California federal judge's ruling in Federal Trade Commission v. Qualcomm will likely raise a number of interesting legal issues at the intersection of antitrust and fair licensing of standard-essential patents, say attorneys at Ropes & Gray.