Hyundai Attacks Judge's 'Disdain For Arbitration' At 9th Circ.

By Bonnie Eslinger

Hyundai urged the Ninth Circuit Wednesday to revive its bid to arbitrate litigation over an alleged defect in its Palisade SUVs, saying that a district court judge erred by rejecting an arbitration agreement within a contract for complimentary "connected" services and arguing that the order "drips with disdain for arbitration."

Read full article » | Save to favorites »

Justices Chew Over 'Close' Case On Fund Contract Disputes

By Jessica Corso

The U.S. Supreme Court on Wednesday waffled over whether there was a private right to sue to void contracts that allegedly violate the Investment Company Act, with Justice Brett Kavanaugh saying that a decision on the case involving an activist investor's voting rights would be "extremely close."

Read full article » | Save to favorites »

Feds Drop 2 FIFA Bribery Cases Despite Appellate Win

By Lauren Berg

Brooklyn federal prosecutors are dropping criminal cases against a former 21st Century Fox executive and an Argentine sports marketing company in the long-running FIFA corruption probe, just months after successfully appealing the dismissal of their honest-services fraud conspiracy convictions.

2 documents attached | Read full article » | Save to favorites »

Capital One, Influencers Seek OK For Commissions Deal

By Emilie Ruscoe

Financial services giant Capital One has pledged to pay influencers commissions, plus up to nearly $4 million in attorney fees and costs, and make changes to its online shopping browser extension to settle claims that it siphoned commissions away from influencer participants in its affiliate marketing program.

Memorandum attached | Read full article » | Save to favorites »

Calif. Bar Exam Proctor Fights To Dismiss Class Claims

By Emily Sawicki

The company that proctored the fraught California Bar Exam in February wants to end a proposed class action brought by test-takers claiming they are owed monetary relief for funds they spent on the exam, which was rife with technical errors, though both sides have indicated they are open to a settlement agreement.

2 documents attached | Read full article » | Save to favorites »

Magistrate Backs FinCEN Rules In All-Cash Real Estate Deals

By Nate Beck

A magistrate judge in Florida federal court rejected arguments from a title insurance company in upholding a U.S. Department of Treasury rule establishing new reporting requirements for all-cash residential real estate transactions as a means of combating financial crime.

Report attached | Read full article » | Save to favorites »

4th Circ. Hints $166M Fight​​​​​​​ Could Create Circuit Split

By Abigail Harrison

In questioning counsel for an insolvent Dutch insurance company trying to confirm a $166 million arbitral award against convicted insurance mogul Greg Lindberg, two Fourth Circuit judges quipped the insurer likely wants to avoid a circuit split over interpreting the Federal Arbitration Act and keep the case out of the U.S. Supreme Court.

Read full article » | Save to favorites »

Trans Woman Sues Hilton Over Security Guard Sex Assault

By Mike Curley

A transgender woman is suing Hilton Worldwide Holdings Inc. and its affiliates in Texas state court, alleging she was sexually assaulted by a security guard who later used hotel records to find her phone number and send unwanted, sexually explicit videos.

Complaint attached | Read full article » | Save to favorites »

Del. Justices Probe Charter Defense Rights In VoiP Fight

By Jeff Montgomery

A Delaware Supreme Court panel on Wednesday pressed an attorney for Charter Communications Holding on the company's obligation to provide notice that a supplier's patents — and its duty to defend — were entangled in a Sprint Communication infringement suit against Charter and affiliates.

4 documents attached | Read full article » | Save to favorites »

Ex-Software CEO Asks Delaware Justices To Revive $20M Claim

By Jarek Rutz

The former CEO of a software company asked a Delaware Supreme Court panel on Wednesday to revive his $20 million claim against London investment firm 3i Group PLC, arguing that a lower court misread Texas venue rulings and Delaware's tolling law.

Read full article » | Save to favorites »

Court Asks If Morgan Stanley Liable In Alleged $250M Scheme

By Spencer Brewer

A Texas appellate court pressed a company to explain how it seeks to hold Morgan Stanley accountable for an executive's alleged kickback scheme involving $250 million in mineral interests, asking Wednesday how the bank bears responsibility if it didn't take part in the underlying contract.

Read full article » | Save to favorites »

Nursing Home Owners Defrauded Medicaid For Years, NJ Says

By George Woolston

The owners of two New Jersey nursing homes diverted nearly $100 million in Medicaid funds to themselves while intentionally understaffing the facilities and neglecting the residents, according to a state comptroller report released Wednesday that called for more scrutiny of for-profit residential care facility operators.

Report attached | Read full article » | Save to favorites »

Ukrainian Civilians Say Intel, TI Parts Used In Russian Missiles

By Spencer Brewer

Several Ukrainian civilians told a Texas state court that semiconductor components manufactured by Intel Corp., Texas Instruments Inc. and others ended up in Russian missiles, saying Wednesday the companies negligently allowed their products to flow to the Russian military.

Complaint attached | Read full article » | Save to favorites »

Boardwalk Pipeline Case Sees Partial Reversal

By Jarek Rutz

The Delaware Supreme Court on Wednesday partially revived long-running challenges to Loews Corp.'s 2018, $1.5 billion cash-out of Boardwalk Pipeline Partners LP, ruling that the Chancery Court misread the high court's 2022 guidance and prematurely shut down minority unitholder claims attacking the legal opinion that triggered the buyout.

Opinion attached | Read full article » | Save to favorites »

The Hidden Pitfalls Of Letters Of Credit In Lease Negotiations

Amid a surge in commercial office leasing driven by artificial intelligence firms, it's crucial for landlords to be aware of the potential downside of accepting letters of credit — in particular, for amounts of security that are less than the statutory bankruptcy claim cap, say attorneys at Allen Matkins.

Read full article » | Save to favorites »

Series

The Biz Court Digest: Welcome To Miami

After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

Read full article » | Save to favorites »

Bonus Spotlight

Pallas Offers Up To $232K In Bonuses To Top US, UK Lawyers

By Tracey Read

Litigation boutique Pallas Partners announced Thursday that it is offering high-performing senior U.S. and U.K. associates and counsel as much as $232,000 in bonuses this year.

Read full article » | Save to favorites »

'Totally Unacceptable': Alsup Rips Feds In Student Loan Deal

By Bonnie Eslinger

U.S. District Judge William Alsup on Thursday denied the U.S. Department of Education's request for an 18-month extension to process over 200,000 loan cancellation applications for students claiming they were defrauded by colleges they attended, calling it "totally unacceptable" and setting an April deadline to get the job done.

Read full article » | Save to favorites »

White House Pushes Halligan's Confirmation Despite Hurdles

By Courtney Bublé

The White House is forging ahead with its bid to win confirmation of the president's controversial pick for U.S. attorney for the Eastern District of Virginia after a federal judge ruled she was serving illegally on an interim basis.

Read full article » | Save to favorites »

Grassley Urges White House To Step It Up On Noms

By Courtney Bublé

Sen. Chuck Grassley, chair of the Senate Judiciary Committee, had a message for the White House Thursday: "Get on the ball" with nominations for U.S. attorneys and the judiciary.

Read full article » | Save to favorites »

NJ Sens. Urge Cooperation On Next NJ US Attorney Nom

By Courtney Bublé

The New Jersey senators are looking to collaborate with the White House to find a new nominee for U.S. attorney for the District of New Jersey after the president's initial pick failed.

Letter attached | Read full article » | Save to favorites »

DC Firm Faces Proposed Class Action Over Data Breach

By Andrea Keckley

A Washington, D.C., law firm failed to notify clients of a data breach that compromised their personal information for six months, a proposed class action alleged in federal court on Wednesday.

Complaint attached | Read full article » | Save to favorites »

Trump Orders Review Of Proxy Advisers' 'Substantial Power'

By Rae Ann Varona

President Donald Trump on Thursday issued an executive order that aims to scrutinize the influence that proxy adviser firms like Institutional Shareholder Services Inc. and Glass Lewis & Co. LLC have, including in relation to diversity, equity and inclusion agendas.

Read full article » | Save to favorites »

Feds Reportedly Fail To Reindict NY AG Letitia James, Again

By Lauren Berg

New York Attorney General Letitia James' attorney Thursday celebrated reports that another Virginia federal grand jury declined to reindict her on charges of mortgage fraud, the second jury in a week to reject a case President Donald Trump had pushed prosecutors to pursue against a political opponent he's called "guilty as hell."

Read full article » | Save to favorites »

Grants Can Be Axed For Political Reasons, DOJ Atty Says

By Jared Foretek

A Trump administration lawyer said Thursday that the president had blanket authority to cancel every discretionary grant slated for states that broke against him in the general election, and it wouldn't amount to a violation of the Fifth Amendment's equal protection guarantee.

2 documents attached | Read full article » | Save to favorites »

10th Circ. Reveals Judge Contacted Ex-Atty In 'Tiger King' Case

By Ivan Moreno

A Tenth Circuit panel considering a copyright infringement claim against Netflix over a video clip in its popular "Tiger King" docuseries has requested the parties' input on whether a judge on the panel should recuse himself after inadvertently contacting a former attorney of the plaintiff last month on an unrelated legal matter.

Notice attached | Read full article » | Save to favorites »

Tracking Challenges To USPTO's Discretion Policy

By Dani Kass

Leaders at the U.S. Patent and Trademark Office have significantly altered the Patent Trial and Appeal Board playing field since March, making changes to institution reviews that have led to unprecedented levels of petition denials. A steady stream of companies has challenged those changes through mandamus petitions to the Federal Circuit, and here Law360 tracks where those petitions stand.

Read full article » | Save to favorites »

SEC Must Provide Names To Compliance Chief In Fraud Suit

By Katryna Perera

An Illinois federal judge on Thursday ordered the U.S. Securities and Exchange Commission to comply with a chief compliance officer's request for the names of agency staffers familiar with his whistleblower claims as he defends allegations that he played a role in a purportedly fraudulent stock offering by a "sham" energy company.

2 documents attached | Read full article » | Save to favorites »