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Commercial Contracts
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January 28, 2025
4th Circ. Raises Questions Over Health Data Access Order
A Fourth Circuit panel focused Tuesday on whether an exception to federal law barring electronic health record companies from blocking the exchange of patient data applies to a request from Real Time Medical Systems to access nursing home data from PointClickCare.
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January 28, 2025
Texas Judge OKs $40M Settlement In Six Flags Expansion Suit
A Texas federal judge indicated Tuesday that he would approve a $40 million class settlement between Six Flags Entertainment Corp. and investors accusing the amusement park operator of bungling expansion plans in China — after having previously dismissed the case twice.
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January 28, 2025
DC Judge Doubts Lawfulness Of USCIS EB-5 Guidance
A D.C. federal judge expressed deep skepticism Tuesday that U.S. Citizenship and Immigration Services acted lawfully when the agency shortened the minimum investment period for foreign investors seeking green cards, outlining plans to toss the rule or pause a lawsuit challenging it pending rulemaking.
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January 28, 2025
Pharma Co. Gets Final Shot To Ax NC Contract Breach Suit
A pharmaceutical company can make another attempt to escape a software developer's suit alleging he was duped into selling his technology to the company, the North Carolina Business Court has said, months after the state's top court revived the software maker's breach of contract claims.
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January 28, 2025
Union Worker Entitled To Higher Pension Benefits, Judge Says
A plumbing union pension plan violated federal benefits law when it refused to increase a worker's monthly payments because he opted to retire late, a Minnesota federal judge ruled, finding the plan's terms didn't prevent him from receiving a bump.
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January 28, 2025
Nestle Plant Can Switch Power Providers, Ga. Justices Rule
The Supreme Court of Georgia ruled Tuesday that Nestle should have been allowed to switch electricity providers from Georgia Power to Walton EMC after renovating a former warehouse facility in Hartwell, Georgia.
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January 28, 2025
Apple Can't Defend Google Revenue Deal In DOJ Search Case
A D.C. federal judge has refused to let Apple intervene to defend the billions it gets from Google to keep the search giant as the default for Safari browser, holding the iPhone maker waited too long to intervene in the Justice Department's monopolization lawsuit, and the company's involvement now would be too disruptive.
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January 28, 2025
Yale Unit Wants To Yank Hospital Sale Suit From Ch. 11 Court
A Yale University health unit's lawsuit seeking to escape a $435 million sale deal with a bankrupt hospital operator belongs in state court and not with the Chapter 11 judge, the Ivy League-tied entity told a federal judge Tuesday.
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January 28, 2025
Oilfield Co. Looks To Avoid Arbitration In Hydrocarbon Row
Oilfield services operator Schlumberger has asked a Texas judge to block an arbitration proceeding initiated by a Guatemalan oil company over alleged mismanagement of a hydrocarbon project, saying it never entered a valid arbitration agreement.
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January 28, 2025
Texas Panel Wipes Baylor's $12M COVID Insurance Verdict
An appellate panel wiped a $12 million jury verdict in favor of Baylor College of Medicine on Tuesday, writing that it was joining "the vast majority of courts" in ruling that the university's insurance policy didn't cover COVID-19 losses.
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January 28, 2025
Logistics Co. Says Director Created Rival While Still Employed
A third-party logistics company took one of its former sales directors to North Carolina federal court alleging the man broke his employment contract while working for the company, misappropriated trade secrets and poached its clients to start his own competing firm.
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January 28, 2025
Greenberg Traurig Digital Infrastructure Leader Joins Kirkland
Kirkland & Ellis LLP has picked up the longtime co-chair of Greenberg Traurig LLP's digital infrastructure, data center and cloud computing industry group, who has joined the firm's corporate practice group in Washington, D.C.
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January 28, 2025
Morgan & Morgan Keeps Win To Arbitrate Malpractice Claims
A Georgia federal judge on Tuesday declined to reconsider a ruling granting Morgan & Morgan PA's bid to compel arbitration in a former client's legal malpractice case or to send the dispute back to state court.
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January 28, 2025
Mich. Steakhouse Drops $2M Negligence Suit Against Atty
A Michigan steakhouse has dropped its malpractice suit against its former attorney after claiming the lawyer made mistakes in franchise agreements that cost it more than $2 million, according to a stipulated order Tuesday.
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January 28, 2025
Connecticut Bank Customer Drops Overdraft Class Claims
Connecticut's Fairfield County Bank has dodged a proposed class action accusing it of unlawfully charging fees on "authorize positive, settle negative" transactions, court records show.
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January 28, 2025
6th Circ. Seems Cold To Dairy Queen Franchisee's Sale Appeal
A Sixth Circuit panel appeared skeptical Tuesday that Dairy Queen violated the terms of a franchise agreement with the owners of a dozen restaurant locations in Michigan by blocking the proposed sale of two stores.
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January 28, 2025
Wynn Fraud Trial Still On As Appeals Court Declines To Step In
A Wynn Resorts subsidiary cannot challenge a decision allowing a trial on accusations that it misled the former owner of the site of its Encore Boston Harbor casino into cutting the property's sale price by $40 million, the state's intermediate-level appeals court has ruled.
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January 27, 2025
Anadarko Prevails In La. Kickback Defense Coverage Suit
An environmental remediation company should defend and indemnify Anadarko Petroleum Corp. in a decade-old Louisiana kickback lawsuit, a Texas federal court judge has ruled.
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January 27, 2025
Proud Boys Atty Calls Researcher Copyright Claim A 'Ruse'
A Texas-based researcher laid out her case against an attorney she accuses of violating her copyright and skipping out on his bill, claiming that her firm foundered after the lawyer, who was defending a Proud Boy accused of attacking the U.S. Capitol, didn't tell her he couldn't pay.
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January 27, 2025
4th Circ. Says Servicemembers Law Doesn't Bar Arbitration
The Fourth Circuit ruled Monday that the Servicemembers Civil Relief Act, a federal law that grants financial protections to members of the U.S. armed forces, does not override mandatary arbitration agreements in lenders' contracts with military borrowers.
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January 27, 2025
Alaskan Co. Says Texas Firm Bungled Wash. Dam Scaffolding
An Alaska Native-owned corporation is claiming a Texas firm supplied faulty underwater scaffolding designs that allegedly caused a structural collapse at a Pacific Northwest dam, exposing one of the corporation's subsidiaries to a demand of more than $1.4 million from the project's lead contractor.
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January 27, 2025
Perella Weinberg Had $47M Motive To Ax Partners, Judge Told
Counsel for former partners of investment banking firm Perella Weinberg on Monday signaled to a New York state trial judge that the firm had a financial motive to fire them and pointed to emails calling one a "destructive influence."
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January 27, 2025
Investor Accuses 'Chicken Soup' Parent Of Mismanagement
A corporate investor in Chicken Soup for the Soul Holdings LLC has accused the publishing company, which has released popular self-help books for decades, of mismanagement leading up to a subsidiary's Chapter 7 liquidation, saying the company didn't provide proper financial information requested by the investor.
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January 27, 2025
Fill-In Nurses, Staffing Agency Strike Deal To End Wage Suit
An agency that provides nurses to hospitals when their employees go on strike reached a deal Monday with 42 nurses who accused the company of stiffing them on wages when they were sent to work at a Kaiser Permanente medical center, a filing in Colorado federal court said.
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January 27, 2025
AIG Unit Says No Coverage For McKinsey Opioid Suits, Deals
Management consulting giant McKinsey & Co. shouldn't have any coverage for more than 250 opioid lawsuits and roughly $1.3 billion it's paid in corresponding settlement payments to date, an AIG unit told a Delaware state court, arguing the underlying claimants have accused McKinsey of uninsurable "deliberate misconduct and greed."
Expert Analysis
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OpenAI's Patent Pledge Is Not All It Seems
A recent statement that OpenAI won't assert its own patents is more of an aspiration than an obligation, and should prompt practitioners to think deeply about the underlying legal mechanisms of patent and contract law when determining the effectiveness of similar nonassertion pledges, say attorneys at McDonnell Boehnen.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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FERC's Reactive Power Compensation Cutoff Is No Shock
While the Federal Energy Regulatory Commission's recent final rule ending compensation for reactive power provided within the standard power factor range will mean less revenue for some generators, it should not come as a surprise, since FERC has long signaled its interest in this shift, says Linda Walsh at Husch Blackwell.
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Opinion
Feds May Have Overstepped In Suit Against Mortgage Lender
The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Next Steps In The $2.8B Blue Cross Payout To Providers
Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Key Territory-Split Licensing Lessons For Life Sciences Cos.
Territory-split deals can allow life sciences companies to maximize products' potential across a range of geographic areas, but these deals also present unique challenges requiring highly bespoke structures that can make or break the value of an asset, say attorneys at Covington.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Opinion
In Visa Case, DOJ Continues To Misapply The Sherman Act
The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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Key Legal Considerations After Supply Chain Disruptions
After U.S. supply chain disruptions — like the recent port workers' strike, and Hurricanes Helene and Milton — stakeholders should look to contractual provisions to mitigate losses, and keep in mind that regulators will be watching closely for unfair shipping practices, say attorneys at Holland & Knight.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.