Analysis

Dem Takeover Points To Reset On College Sports Legislation

By Alex Lawson

The looming Democratic takeover of both congressional chambers signals doom for quick action on college sports oversight, with a crowded calendar and the new majority's wishes to reshape the legislation emerging as roadblocks to a Senate-approved bill.

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2nd Circ. Doubts Aetna's Push To Arbitrate Health Fund Fight

By Kellie Mejdrich

The Second Circuit Friday appeared skeptical of Aetna's push to force arbitration of an insurance contract dispute with a multiemployer union health benefit fund, with judges pointing to circuit precedent that arguably undermined Aetna's position.

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'Halfhearted' Conferral Not Enough In Mosquito-Patch Feud

By Carolina Bolado

A Florida federal judge denied a bid by a German mosquito-bite patch maker to compel arbitration of a dispute over a license and distribution agreement for the products, ruling that the company's "halfhearted" conferral attempt with opposing counsel violated local rules.

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FDIC Sued By Rural NY Hospital Over Failed Bank Loan

By Sydney Price

New York-based Community Memorial Hospital Inc. has hit the Federal Deposit Insurance Corporation with a suit accusing it of wrongly refusing to insure or offset approximately $1.9 million in loan funds held at a failed Georgia bank, which the hospital claims threatens care for about 47,000 New Yorkers in rural communities.

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Toshiba Must Post $549M Bond In Mich. Utilities Case

By Melanie Dorsey

Toshiba America Energy Systems Corp. must post a $549.5 million bond to prevent two Michigan utilities from collecting on a nearly $394.4 million judgment while it appeals, a Michigan federal judge ruled Friday, rejecting the company's argument that a state law capping appeal bonds should limit its financial obligation to about $37 million.

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Medtronic Hit With Antitrust Suit Over Surgical Stapler

By Gianna Ferrarin

Medical device giant Medtronic Inc. is unlawfully monopolizing the market for a type of medical stapler by blocking competitive product trials and using exclusionary bundling tactics in its deals with hospital customers, according to a rival's complaint in Massachusetts federal court.

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Netlist Brings ITC, Calif. Patent Complaints Against Kingston

By Adam Lidgett

Netlist has accused Lenovo, Kingston Technology Corp. and others of infringing various flash memory patents at the U.S. International Trade Commission, the same day it lodged a complaint against Kingston in California federal court.

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Law Firm Sues Sierra Leone Over $361K Legal Bill

By Jared Foretek

Law firm Cohen Seglias Pallas Greenhall & Furman PC claims in a complaint filed in D.C. federal court that Sierra Leone's government stiffed it on more than $300,000 in legal fees and costs after the firm defended it against earlier claims of unpaid fees by Jenner & Block.

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Threat Claims In $1M Usury Suit Need More Facts, Judge Says

By Jonathan Capriel

A lender can't fully escape claims that he charged illegal interest on a $1 million loan, a California state judge has ruled after trimming the borrowers' emotional-distress claim, which leaned on speculation that the lender had illicit ties to the cannabis industry.

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LA Judge Won't Toss $1.7M Freight Suit Against Vape Biz

By Jonathan Capriel

A vape manufacturer cannot escape a $1.7 million lawsuit over unpaid freight, a Los Angeles judge ruled, finding the complaint adequately pled to alter ego and fraud claims.

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Orrick Hires Fenwick Partner To Expand TM Practice In NY

By Ivan Moreno

Trademark attorney Mark Jansen has joined ​Orrick Herrington & Sutcliffe LLP as a partner in New York after 15 years at Fenwick & West LLP, Orrick has announced.

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Peckar & Abramson Taps Martin Hild Attys For Denver Launch

By Rachel Konieczny

National construction law firm Peckar & Abramson PC has announced its expansion to Denver and the addition of two attorneys to the firm's practice in Colorado.

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2 Del. Rulings Show Postclosing Earnout Arrangement Risks

Two recent Delaware Court of Chancery decisions illustrate the contractual and fiduciary duty risks associated with earnout provisions in M&A transactions, offering lessons on allocating postclosing control, drafting enforceable earnout covenants and managing executives whose pay depends on the outcome, says Chris Brown at Taft.

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Opinion

Judges Must Turn To Merits Earlier To Fix Civil Justice System

The U.S. justice system is long overdue for a cultural shift that encourages judges to engage with the merits of a case from the outset, which would help to cut through procedural complexities and deliver high-quality justice efficiently and at lower cost, says Steven Kayman at Rottenberg Lipman.

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High Court Disbars Judicial Watch Founder Larry Klayman

By David Minsky

The U.S. Supreme Court on Monday disbarred Judicial Watch founder and Florida conservative activist attorney Larry Klayman following his 18-month suspension issued last year by the D.C. Court of Appeals. 

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Firms Must Face RICO Claims In Asbestos Fraud Suit

By Emily Field

An Illinois federal judge on Friday held that Simmons Hanly Conroy LLP and Sokolove Law must face racketeering claims brought by a Los Angeles industrial pipe manufacturer alleging that the firms brought baseless asbestos claims, finding that an antitrust doctrine shielding those who petition the courts does not apply.

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DOJ's Civil Division Head Joins Agency Exits After Midterms

By Jack Karp

The leader of the U.S. Department of Justice's Civil Division, Brett A. Shumate, on Monday became at least the fifth top DOJ official to step down following Republicans' defeat in last week's midterm elections.

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Trump Eyes OLC Chief For Texas Judgeship After Midterms

By Courtney Bublé

President Donald Trump is considering the head of the U.S. Department of Justice's Office of Legal Counsel for a federal judgeship in Texas, a process that started right after the Democrats won big in last week's midterm elections.

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Goldstein Says Gov't Conceded Key Trial Errors

By Jared Foretek

SCOTUSblog co-founder Thomas Goldstein told the Fourth Circuit that the federal prosecutors who netted 12 tax and mortgage fraud convictions effectively conceded they hid evidence by steering a key witness to new testimony mid-trial and had reversed their stance on jury instructions, two key issues in Goldstein's appeal.

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AAA Says Consumers' Monopoly Claims Lack Factual Support

By Caroline Simson

The American Arbitration Association is lashing out against consumers who accuse the institution of monopolizing the consumer arbitration services market, telling a federal judge on Monday that they should be sanctioned for including "false, misleading, and unsupported allegations" in an amended complaint.

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Wash. Panel Nixes $10K Sanctions On Monsanto PCB Attys

By Rachel Riley

A Washington Court of Appeals panel has overturned a combined $10,000 in sanctions against four attorneys who defended Monsanto from chemical poisoning claims, concluding Monday that the trial court overstepped its authority by personally punishing the lawyers for late disclosure of expert witnesses.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court last week cleared the way for Cloudflare Inc. to seek immediate review of an injunction blocking a stock restructuring designed to preserve its founders' control, while setting a January hearing in a similar dispute over Meta Platforms Inc.'s plan to create nonvoting shares.

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