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Commercial Contracts
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February 05, 2025
House Republicans Target CFPB's Small-Biz Rule For Repeal
House Republicans at a Wednesday hearing sought to build momentum for reversing the Consumer Financial Protection Bureau's small-business loan data rule, casting it as harmful to smaller banks while Democrats argued the real danger is the Trump administration itself.
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February 05, 2025
'Dog Eat Dog' Contract Raises Connecticut Justice's Hackles
A Connecticut Supreme Court justice on Wednesday challenged private equity firm members fighting a former member's trial court victory in a breach suit over the partnership, suggesting that the winner may have had a viable fiduciary duty claim over the "dog eat dog" operating agreement that apparently allows members to "screw" a minority shareholder.
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February 05, 2025
Monolithic's Investors Say Co. Botched Nvidia Orders
Power management component manufacturer Monolithic Power Systems Inc. has been hit with a proposed shareholder class action alleging it hid critical defects in power modules used by its largest customer, Nvidia Corp., that led the artificial intelligence chipmaker to cancel orders, harming Monolithic's revenue.
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February 05, 2025
Mercedes-Benz Defective Brake Suit Narrowed Again
A Washington federal judge has again narrowed a proposed class action against Mercedes-Benz over defective braking systems in SUVs, dismissing claims that the automaker fraudulently concealed the issue but allowing allegations that it unfairly shifted repair costs to customers.
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February 05, 2025
'Pay-To-Pay' Fees Are Unfair Debt Practice, 11th Circ. Rules
The Eleventh Circuit said a mortgage servicing company illegally charged borrowers fees for online and phone payments, upholding a Florida federal court's decision that it improperly collected so-called pay-to-pay convenience fees that were not expressly allowed by underlying loan agreements.
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February 05, 2025
Apply Presuit Notice Law Retroactively, Insurer Tells Fla. Court
Universal Property and Casualty Insurance Co. on Wednesday urged the Florida Supreme Court to reverse a decision declining to apply a state law requiring presuit notice against a property insurance carrier to a policy purchased before the law's effective date.
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February 05, 2025
Ex-CBD Co. Franchisee Says Magistrate Can't Rule On DQ Bid
A former franchisee for CBD company American Shaman Franchise System LLC on Wednesday objected to an order from a magistrate judge rejecting his bid to disqualify her, saying that a magistrate judge has no authority to decide on a posttrial motion.
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February 05, 2025
Cleveland-Cliffs Wants 'Un-American' US Steel Suit Tossed
Cleveland-Cliffs and its CEO have asked a Pennsylvania judge to toss a lawsuit filed against them by Nippon Steel and U.S. Steel, calling the suit "un-American" while claiming that the plaintiffs' "sputtering disapproval" of the defendants' statements doesn't hold up in court.
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February 04, 2025
Turkish Construction Co. Wins OK Of $22M Libya Award
A D.C. federal judge on Tuesday enforced a $21.9 million arbitral award against Libya issued by a Swiss tribunal in a dispute over decades-old unpaid public works contracts, rejecting the country's argument that the case should be stayed during parallel enforcement proceedings in Turkey and Curaçao.
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February 04, 2025
Whirlpool Sinks Customer's Suit Over Service Plan Repair
A Washington federal judge has tossed a customer's proposed class action over a dishwasher warranty for good, finding no "reasonable consumer" would have been misled to believe the terms covered the full cost of any repair given the "caveats" on marketing materials.
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February 04, 2025
Amazon Wants Drivers Locked Out Of Collective Wage Suit
Amazon is asking a Washington federal judge to oust nearly a dozen plaintiffs from a collective action accusing the e-commerce giant of misclassifying Amazon Flex delivery drivers as independent contractors, claiming the individuals failed to comply with a court-ordered discovery deadline last month.
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February 04, 2025
OpenAI Judge Rips Musk's 'Broad' Bid To Block For-Profit
A California federal judge indicated Tuesday she'll likely deny Elon Musk's bid to preliminarily block OpenAI Inc. from transitioning into a for-profit enterprise, criticizing Musk's filings for being vague and broad and saying she'll toss some claims, while adding "something is going to trial in this case."
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February 04, 2025
Calif. AG Backs Tribes In Bid To Protect Cultural Resources
California's attorney general has won his bid to intervene in a consolidated suit challenging a county's approvals for a roadside attraction proposed to be built along Highway 101, saying the county violated environmental standards and failed to consult with Native American tribes.
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February 04, 2025
LinkedIn Shares Users' Info With Meta And Adobe, Suit Says
LinkedIn has been hit with a proposed class action in California federal court alleging it illegally shared with Meta and Adobe personal information belonging to its LinkedIn premium subscribers who watched online training courses on its LinkedIn Learning platform without their knowledge or permission.
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February 04, 2025
Colorado Atty Says She's Blameless For Divorce Money Hack
A Colorado divorce attorney wants out of a tangle of lawsuits that have sprung up since conservative radio personality and lawyer Randy Corporon mistakenly wired a client's $375,000 divorce settlement to Hong Kong, arguing that the claims are premature and statutorily barred, and that her malpractice insurer already covered damages.
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February 04, 2025
Lindberg Fights NC Charging Order Against His Florida Co.
Convicted mogul Greg Lindberg has told the North Carolina state appeals court that an insurer he's accused of defrauding can't collect a $524 million judgment against him by going after his out-of-state holding company, arguing that the trial court has no power over him or his business in Florida.
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February 04, 2025
SEC Receiver, Atty Agree To Settle Fraud Transfer Claims
A court-appointed receiver for a U.S. Securities and Exchange Commission case has reached a settlement with parties who allegedly received hundreds of thousands of dollars' worth of transfers from a fraudulent foreign exchange trading scheme, including the attorney and family of a convicted executive.
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February 04, 2025
Exploration Co. Wants Sanctions Over Atty DQ Attempt
An exploration company being sued by ocean salvage operation Maritime Research and Recovery LLC over a sunken Spanish galleon asked a Florida federal court on Tuesday to end the suit as a sanction for Maritime's "egregious misconduct," including trying to disqualify its counsel and filing frivolous motions.
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February 04, 2025
Jr. Hockey League Seeks To Block Team Move To Competitor
A junior hockey league is asking a judge to block a Massachusetts team from jumping to a competing league, allegedly in violation of a 2022 franchise agreement that included a five-year non-compete provision.
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February 04, 2025
Apple Asks DC Circ. To Pause Google Search Case For Appeal
Apple has asked the D.C. Circuit to pause the remedies phase of the landmark monopolization case targeting Google's search dominance, arguing it needs to intervene to protect its contracts with Google that are worth billions of dollars each year.
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February 04, 2025
'Sloppy' Work Hurts Lab's $20.6M Insurance Suit, Judge Says
A Connecticut federal judge said Tuesday that a contract lawsuit against insurer Aetna Inc. and its owner CVS Health Corp., seeking about $20.6 million in payment for laboratory services, seems to "suffer" from the fact that the plaintiff filed dozens of similar cases in short order.
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February 04, 2025
Cherokee Nation, Group Spar Over Ark. Casino License Docs
A federal district court is set to determine if the officers of a ballot issue committee backing an Arkansas amendment that revoked a Cherokee Nation business' casino license and the public affairs firm must hand over documentation in the dispute.
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February 04, 2025
MGA Must Pay $71M For Copying OMG Girlz Dolls, Judge Rules
A California federal judge has affirmed a $71.4 million verdict against MGA Entertainment after jurors last year found a line of dolls from the toymaker infringed the trade dress and publicity rights of the OMG Girlz pop group owned by hip-hop moguls Clifford "T.I." and Tameka "Tiny" Harris.
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February 04, 2025
Delta Accused Of Copyright Infringement For Software Use
Delta Air Lines is facing a copyright infringement lawsuit in Georgia federal court for allegedly authorizing Broadcom-owned software development company CA Technologies' DX NetOps software to be used on nearly 15,000 more devices than permitted under their licensing agreement.
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February 04, 2025
Conn. Atty Sues Client, Lawyer Over State Farm Settlement
A small Connecticut personal injury firm has sued a Bloomfield personal injury attorney and a former client in state court for breach of contract and unjust enrichment, accusing them of failing to hand over a one-third fee from a $35,000 State Farm insurance settlement.
Expert Analysis
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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What To Expect From Trump's Deputy Labor Secretary Pick
President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Gas Contract Fight Holds Lessons On Force Majeure Clauses
Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.
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Art Fraud Cases Highlight Importance Of Due Diligence
Recent high-profile art fraud cases provide a helpful reminder that a healthy skepticism can prevent prospective buyers from becoming victims, and that lawyers can take steps to help safeguard their clients, say attorneys at Arnold & Porter.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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A Deep Dive Into Singapore's New Int'l Arbitration Rules
The latest revisions to the Singapore International Arbitration Centre's rules, effective as of Jan. 1, contain numerous innovative and industry-leading updates, including new rules on coordinated and emergency procedures, and third-party funding, say attorneys at WilmerHale.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Trump Likely To Prioritize Trade, Customs Fraud Enforcement
With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.
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Recent Suits Show Antitrust Agencies' Focus On HSR Review
The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.