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Commercial Contracts

  • April 25, 2019

    Facebook Seeks $10M In Suit Over Fake Instagram Likes

    As recently promised, Facebook and Instagram are cracking down on fake social media engagement, lodging a suit in California federal court Thursday seeking $10 million from a New Zealand company and its owners for allegedly selling fake "likes" to Instagram users.

  • April 25, 2019

    11th Circ.'s OK Of $29M Award Confirms Outlier Status

    The Eleventh Circuit this week stood by its controversial approach to only vacate international arbitral awards issued in the U.S. using international standards, one that is unique among U.S. circuit courts and, some argue, makes enforcing such awards more straightforward.

  • April 25, 2019

    Wash. AG Wants Docs In Jersey Mike's No-Poach Case

    The Washington Attorney General's Office has urged a state court to force nearly two dozen Jersey Mike's franchisees to hand over documents in the agency's suit challenging the sandwich chain's practice of forbidding franchisees from hiring one another's employees.

  • April 25, 2019

    ZTE Prevails At 9th Circ. In Wireless Contract Battle

    The Ninth Circuit held on Thursday that Florida law bars cellphone provider NTCH-WA from bringing breach of contract claims against ZTE over a wireless network deal in Washington because a Florida federal court already confirmed an arbitration award in ZTE's favor in a related case.

  • April 25, 2019

    6th Circ. Affirms Suit Funder Can’t Get Cash From Burn Victim

    The Sixth Circuit on Thursday affirmed a Kentucky federal court’s ruling that an agreement by a company to fund litigation initiated by a man who claimed he was harmed by an exploding gas canister violates state laws that prohibit such deals.

  • April 25, 2019

    Chancery Venue Rule Threatens Suit Over Power Plant Sale

    A vice chancellor's 11th hour jurisdiction question sidelined Helix Generation LLC's Delaware Chancery Court fraud and contract breach suit against a TransCanada Corp. affiliate Thursday, potentially revealing a Catch-22 deal provision that could block action elsewhere.

  • April 25, 2019

    Ex-NFLer Can't Stop Contractor From Renting 'Dream Home'

    A Massachusetts federal judge late Wednesday declined to stop a family from moving into a former NFL linebacker's "dream home," a house he designed and the subject of a two-year copyright dispute with a local contractor, but admonished the builder for further complicating a messy lawsuit.

  • April 24, 2019

    Pa. Atty General Gets UPMC-Highmark Suit Tossed, For Now

    A Pennsylvania federal judge Wednesday tossed the University of Pittsburgh Medical Center's attempt to stop the state attorney general from forcing it to negotiate with rival Highmark Inc., ruling that this is a speculative premise and unripe for adjudication until the attorney general takes action.

  • April 24, 2019

    Supreme Court Ruling Cuts Off Avenue To Class Proceedings

    The U.S. Supreme Court’s conservative majority dealt its latest body blow to class actions on Wednesday, issuing a 5-4 decision that experts say puts another roadblock in the way of workers and consumers who want to pursue collective claims.

  • April 24, 2019

    Questlove, Black Thought To Be Deposed In Roots Profits Row

    A Philadelphia judge has ordered two leaders of the hip-hop band the Roots to appear for deposition in a lawsuit alleging they cut a former bassist out of the group's profits after they didn't appear for scheduled depositions earlier this month.

  • April 24, 2019

    2nd Circ. Says Tribal Officers Not Immune In Payday Loan Suit

    The Second Circuit on Wednesday rejected a bid by officers of tribe-owned lending company Plain Green LLC to escape a suit claiming they charged exorbitant interest rates on so-called payday loans, saying tribal immunity didn't extend to them and loan agreements meant to compel arbitration couldn't be enforced.

  • April 24, 2019

    10th Circ. Affirms Energy Co.'s Win In Worker Injury Suit

    The Tenth Circuit has cleared an energy company of liability in a suit accusing it of being responsible for severe burns a worker suffered in a deadly oil pump explosion at a subsidiary’s refinery, saying the company owed no duty of care to the subsidiary’s employee.

  • April 24, 2019

    ExxonMobil Looks To Arbitrate Papua New Guinea Oil Row

    A Canadian ExxonMobil unit urged a Texas federal court to force three companies to arbitrate a contract dispute over rights in a Papua New Guinea petroleum retention license.

  • April 24, 2019

    Texas Funeral Home Can't Arbitrate Switched-Bodies Suit

    A funeral home has lost its bid to force arbitration in a lawsuit accusing it of mixing up the bodies of two women named Maria — an error that required an exhumation to correct — after a Texas appellate court held there was no agreement to arbitrate.

  • April 24, 2019

    Mexican Workers Say Pa. Landscaper Broke Visa, Labor Laws

    A group of Mexican seasonal workers at a Pittsburgh-area landscaping company say they weren’t paid enough for their work as required by state and federal law, were squeezed into substandard housing and then were fired and not brought back when they complained, according to a federal lawsuit filed Wednesday.

  • April 24, 2019

    Upper Deck Sues Liberty Mutual Over Antitrust Atty Pay

    The Upper Deck Co. sued Liberty Mutual Fire Insurance Co. in California federal court Wednesday, claiming the insurer hasn't followed through on covering Upper Deck in an antitrust lawsuit by rival trading card maker Leaf Trading Cards LLC.

  • April 24, 2019

    'Housewives' Star Fights Vineyard Vines' Bid To Seize Pay

    A star of “The Real Housewives of New Jersey” is asking a New York state court to stop retailer Vineyard Vines from seizing her pay from the producers of the Bravo cable reality show to satisfy a judgment in a copyright infringement case. 

  • April 24, 2019

    Media Firm Fuse Plans Quick Ch. 11 As Contract Row Looms

    Multicultural media company Fuse told a Delaware bankruptcy judge Wednesday it hopes to have the court confirm its prepackaged debt-for-equity Chapter 11 that will wipe away $200 million in debt in early June, but DirecTV said a contract dispute could slow down proceedings.

  • April 24, 2019

    Google Can't Ditch Suit Over 'Free' Drive Storage

    Google LLC can't escape a proposed class action accusing it of misleading "Local Guides" about the free Google Drive storage space they expected to receive, a California federal judge has ruled, finding there is enough evidence alleging that Google did not live up to its promise.

  • April 24, 2019

    Pa. Hospital Worker's Age, Disability Suit Comes Up Short

    A Pennsylvania federal judge has tossed an age and disability bias suit from a hospital worker who didn't get rehired after taking medical leave for cancer treatment, accepting Mercy Catholic Medical Center's argument that it was following internal policy when it hired a less experienced replacement.

Expert Analysis

  • Negotiating M&A 'Best Efforts' Now To Avoid Future Litigation

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    Parties negotiating merger and acquisition agreements should note a series of recent decisions that highlight how Delaware courts interpret "best efforts” and similar industry terms of art, says Shayne Clinton of Bass Berry.

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • Health Care Cos. Should Beware Usurpation Of Opportunity

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    A recent Delaware Court of Chancery decision, Personal Touch v. Glaubach, may prompt corporate leadership to be more attentive to the legal risks associated with the usurpation of corporate opportunity, especially in the health care sector, says Michael Peregrine of McDermott.

  • Trade Secret Takeaways From 9th Circ. Beer Recipe Ruling

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    The Ninth Circuit's recent opinion in Anheuser-Busch v. Clark — concerning AB’s beer recipe and brewing process — underscores the importance of providing the court with ample evidence of an employer’s efforts to keep its trade secrets confidential in the face of an anti-SLAPP motion, says Dan Forman of Carothers DiSante.

  • In Virtual Teams For Mass Torts, The 'Law Team' Is Critical

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    A critical component of any virtual law team assembled for mass tort litigation is a dedicated "law team," which tackles the legal strategy and drafts the many necessary pleadings, motions and other submissions, say attorneys at Pepper Hamilton and Faegre.

  • New Chancery Guidance On Books And Records Law

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    The Delaware Court of Chancery’s recent decisions in Schnatter, Tempur-Sealy and CHC Investments further delineate the metes and bounds of a stockholder's right to obtain a company's books and records, say attorneys with Winston & Strawn.

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

  • Series

    Why I Became A Lawyer: A Circuitous Path To The Law

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    Instead of going to college after high school, I followed in my father’s footsteps and became an electrician. Later I became an electrical engineer, and then an IP attorney. Every twist and turn along the way has made me a better lawyer, says Joseph Maraia of Burns & Levinson.

  • Employer Considerations When Using Garden Leave Clauses

    Excerpt from Lexis Practice Advisor
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    Garden leave — when a departing employee remains on company payroll and cannot compete with the employer — is an attractive alternative to regular noncompetes. Elisaveta Dolghih of Lewis Brisbois discusses the advantages and disadvantages of garden leave provisions and provides drafting best practices.