Analysis

Trump's Capital One Suit Tests Vast Debanking Powers

By Phillip Bantz

President Donald Trump's lawsuit against Capital One NA is a high-profile test of a bank's broad powers to unilaterally close accounts, an issue that has been "devastating" for companies, law firms and others booted from banks based on opaque compliance concerns, experts say.

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7th Circ. Says Ind. Railroad Can't Levy Fees For Telecom Lines

By Nadia Dreid

Indiana railroad easements don't give rail companies the right to charge for access to the air above them or the ground below them, the Seventh Circuit has ruled in an opinion that means telecoms that installed fiber cables under a CSX Transportation easement won't be paying licensing fees.

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Fox Rothschild Sidesteps NJ Crash Litigation Funding Suit

By Jack Karp

Fox Rothschild LLP has escaped a New Jersey state lawsuit brought by a couple who alleged it tried to collect high-interest loans they were unlawfully steered into taking out from the firm's litigation funder client during a lawsuit over a car crash.

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Immigration Atty Seeks To Nix Ex-Clients' RICO Fraud Claims

By Rachel Riley

An immigration attorney who forfeited her Washington state license is seeking to narrow ex-clients' lawsuit accusing her of falsely promising to perform miracles for them and mishandling their cases, arguing the plaintiffs have recast legal malpractice allegations as a "sprawling racketeering enterprise."

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Del. Chancery Keeps Power Plant Duty Claims Alive

By Jarek Rutz

The Delaware Chancery Court on Tuesday largely refused to dismiss the remaining claims in a lawsuit accusing Strategic Value Partners LLC and GenOn Holdings Inc. of engineering the transfer of a Pennsylvania power plant opportunity away from insolvent Heritage Power companies and their creditors.

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X.AI Says Suit Against Mother Of Musk's Child Should Go On

By Spencer Brewer

X.AI LLC asked a Texas federal court Monday to keep intact a lawsuit against the mother of one of Elon Musk's children, saying Ashley St. Clair violated the terms of service she signed when she sued the company in New York federal court and that the lawsuit belongs in Texas.

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Video Tech Co. Advances IP Suit Against Ex-Business Partner

By Ivan Moreno

A New York federal judge has allowed a video production technology company to pursue trade secret claims accusing a onetime business partner of using confidential information behind its robotic camera system to develop competing technology.

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Rebel Wilson Seeks To Boost Cross Suit Against Producers

By Rae Ann Varona

A California state court judge at a Tuesday hearing said he would give more thought to whether Rebel Wilson can file a third amended cross-complaint against producers of her musical film "The Deb," who accused the actress of defamation after Wilson's attorney disputed that the proposed complaint contained "inflammatory" language.

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Microsoft Fights Gamer Suit Over 'Garden-Variety' Valve Deal

By Rachel Riley

Microsoft has urged a Washington federal judge to toss PC gamers' proposed class action accusing the tech giant of forging an illegal price-matching pact with video game developer Valve Corp., saying the plaintiffs' counsel has spent years arguing contrary claims that Valve bullied publishers into accepting its terms.

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Plumbing Co. To Pay $13.75M To End ESOP Suit

By Patrick Hoff

A plumbing subcontracting company will pay $13.75 million to settle workers' class action alleging its co-founders sold company shares to an employee stock ownership plan at an inflated price and later repurchased them for far less, according to a filing in California federal court.

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Microsoft Heads Accused Of Lying To Investors On AI Strategy

By Ben Adlin

Microsoft leadership routinely touted the success of the company's artificial intelligence products and its multibillion-dollar partnership with OpenAI even as the tech giant violated copyright laws to train its large language models and fell behind other AI developers, according to a shareholder stock-drop suit filed Monday in Washington federal court.

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Cumulus Can't Yet Enforce Tying Injunction Against Nielsen

By Nadia Dreid

The Second Circuit may have upheld a preliminary injunction blocking Nielsen from making Cumulus Media buy its local offerings to gain access to its national radio ratings data, but a New York federal judge says that injunction can't be enforced until the circuit court decides whether it will rehear the case en banc.

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Crabbers Say Seafood Co. Is Part Of Dungeness Price 'Cartel'

By Lauren Berg

A proposed class of crabbers urged a California federal judge to reject an Oregon seafood company's bid to escape their lawsuit alleging a conspiracy to cap prices paid to fishermen for Dungeness crab in the Pacific Northwest.

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Hemp Co. Vireo Aims To Toss Ownership Contract Claims

By Mike Curley

Hemp and THC beverage maker Vireo Growth Inc. and its affiliates are asking a Minnesota federal court to toss the bulk of a suit alleging that Vireo failed to deliver on a partnership and interest contract, saying the plaintiffs' claims are largely based on a contract that was never signed or executed.

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4 Tips For Using AI To Max Fee Awards In NY Lease Disputes

As New York's new artificial intelligence court filing rule takes effect, lawyers handling commercial lease disputes should set up an efficient billing structure, verify AI-generated research and calculations, and align fee requests to improve recoveries and avoid sanctions, say attorneys at Crowell & Moring.

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Managing Data Center Power Issues, Public Pushback

The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

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How Does In-House Pay Compare? Take The Law360 Survey

How do in-house salaries vary across industries, roles, and organizational revenue? What compensation tools are companies using to lure top talent? Help Law360 Pulse answer these questions and more in this year's In-House Compensation Survey.

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9th Circ. Would Lose 3 States In Latest Reorganization Bid

By Courtney Bublé

Republicans are once again trying to break up the U.S. Court of Appeals for the Ninth Circuit, which has long been dominated by judges appointed by Democratic presidents.

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Goldstein Unveils Cooley Appeal Team

By Jared Foretek

Thomas Goldstein has unveiled an experienced lineup of appellate lawyers he'll turn to in his bid to overturn 12 tax and mortgage fraud convictions, featuring several attorneys with extensive U.S. Supreme Court experience.

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Texas Firm Withdraws From $150M Deal To Rep Migrant Kids

By Madeline Lyskawa

A Texas law firm has withdrawn from consideration for a $150 million award from the U.S. Department of Health and Human Services to provide legal services to unaccompanied migrant children in government custody.

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Missed Step Could Vex Ex-Duane Morris Client's Appeal

By P.J. D'Annunzio

A Pennsylvania Superior Court panel on Tuesday quizzed counsel for a businessman accusing Duane Morris LLP of legal malpractice in a trade secrets case on whether documents he claimed were privileged had been properly put before the trial judge for consideration.

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Ogletree Says Equinox Owes $1.4M In Unpaid Legal Bills

By Hailey Konnath

Ogletree said Monday that fitness company Equinox owes nearly $1.4 million in fees and expenses for the firm's work representing it in an employment matter in Los Angeles, according to a complaint filed in California federal court.

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Brief

Calif. Subclass Added To Fox Rothschild Data Breach Suit

By Emily Sawicki

A California resident seeking to represent a subclass of Golden State data breach victims on Tuesday asked to add a new California Consumer Privacy Act claim to a proposed Pennsylvania class action first filed against Fox Rothschild LLP in June, after prominent ransomware group Silent Ransom Group targeted the firm.

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DOJ Says Executive Privilege May Apply To Private Advisers

By Emily Sawicki

The president's communications with outside advisers may be shielded by executive privilege, so long as they are confidential and relate to official decision-making, the U.S. Department of Justice said in its latest advisory opinion.

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