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Commercial Contracts
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February 07, 2025
Appellate Court OKs Trim Of Goldman Family Portfolio Battle
A New York state appellate court affirmed a trial court's toss of several claims brought against the late Sol Goldman's real estate empire by inheritors who allege his daughter squeezed them out of the family business and manipulated an appraisal when they sought to cash out on their stake.
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February 07, 2025
Judge Sides With Ga. Railroad In Eminent Domain Battle
A Georgia state court judge sided Thursday with a railroad company in an eminent domain fight with residents opposing the construction of a rail spur through their property, upholding a Georgia Public Service Commission ruling that gave the green light to the condemnation.
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February 07, 2025
Auctioneer Of 'Unknown' Van Gogh Wins $215 Bidder's Fight
An auction service was within its rights to halt in-progress bidding for what one woman claims could be a "previously unknown" Vincent van Gogh painting because Connecticut law presumes auctions can be shut down before the hammer falls unless other terms are stated, a state court judge has ruled.
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February 07, 2025
Conn. Trial Firm Partner Seeks Sanctions In Heated Split-Up
Connecticut Trial Firm LLC former co-owner Andrew Garza has asked a Connecticut Superior Court judge to issue sanctions against his former 50-50 partner, Ryan McKeen, accusing McKeen of "misconduct presenting a threat to the administration of justice" in heated litigation over the firm's split.
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February 07, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Investec Bank PLC sue two diamond tycoons, London florist Nikki Tibbles file a claim against an "imitator company," a direct descendant of the Cartier family launch a claim, and a Coronation Street actor hit footballer Joe Bunney with a defamation claim. Here, Law360 looks at these and other new claims in the U.K.
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February 06, 2025
Kraken Co-Founder Accuses 'Elite' SF Condo Of Political Bias
Crypto-exchange Kraken co-founder Jesse Powell sued the owner of a landmark condominium — dubbed "Susie's Building" — in California state court Wednesday, claiming the property's allegedly "elite" Democratic shareholders discriminated against him by blocking his efforts to buy a condo due to his conservative views and role in the crypto industry.
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February 06, 2025
Sony Blocked From Axing CBS Deals Amid Game Show Battle
A California state judge has issued a temporary restraining order blocking Sony Pictures Television from terminating its distribution agreements for popular game shows "Jeopardy!" and "Wheel of Fortune" with CBS while the pair dukes it out in Los Angeles County Superior Court, according to a minute order.
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February 06, 2025
6th Circ. Uncertain If Health Plan Administrator Is A Fiduciary
A yacht-maker urged the Sixth Circuit on Thursday to revive its lawsuit accusing Blue Cross Blue Shield of Michigan of overpaying employee health plan claims so it could profit off of savings recovered later, but faced tough questions about whether plan administrator BCBSM was a fiduciary under federal benefits law.
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February 06, 2025
Dealers Sue VW Unit Over Deposits For New Trucks, SUVs
More than two dozen Audi and Volkswagen dealers in Florida have sued a Volkswagen unit, claiming it is violating a state law barring automakers from selling vehicles directly to the public by accepting $100 deposits for electric trucks and SUVs scheduled for release in 2027.
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February 06, 2025
Judge Questions Firm's Candor In Apple, Amazon Docs Row
A Washington federal judge said on Thursday there was "troubling shifting" around Hagens Berman Sobol Shapiro LLP's explanation of texts and emails with a client who disappeared from a proposed class action targeting Amazon and Apple, while also saying it might not matter because the firm found substitute plaintiffs.
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February 06, 2025
SEC 'Exposes Lunacy' Through Its Dueling Suits, PE Firm Says
A South Carolina private equity fund said Thursday the U.S. Securities and Exchange Commission is trying to gut it through a Florida lawsuit, telling a Texas judge the commission made "out of touch statements" on how the litigation will harm its business.
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February 06, 2025
Jeld-Wen Appealing Forced Factory Sale To 4th Circ., Again
Jeld-Wen Inc. is taking another trip to the Fourth Circuit to fight an order forcing it to sell a door skin factory, filing a notice of appeal Thursday after a Virginia federal judge said a $115 million price is fair.
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February 06, 2025
Earthlink Investors' Attys Score $28M In Merger Suit
The attorneys who helped Earthlink investors score an $85 million settlement with the company after they said they were tricked into approving a $1.1 billion merger with a failing telecommunications company will be walking away with almost $28 million for their trouble.
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February 06, 2025
ERISA Preempts Banker's $5.5M Deferred Comp, Judge Rules
The Employee Retirement Income Security Act preempts a former Leerink Partners employee's claims that she was cheated out of about $5.5 million in deferred compensation after the bank hired her under allegedly false pretenses from Goldman Sachs, a Massachusetts federal judge ruled Thursday.
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February 06, 2025
Sam Altman Calls Musk's Claim Of Ban On Rivals 'False'
OpenAI CEO Sam Altman said the key claim made in a preliminary injunction request from Elon Musk in their ongoing investment spat is false, saying in a new declaration that he never told OpenAI investors that they wouldn't be able to invest in the company if they also invested in Musk's xAI.
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February 06, 2025
Broker Sued In $79M Bezos Deal Has To Replead Defenses
A Florida judge on Thursday struck most of the defenses put forth by Douglas Elliman LLC against accusations that it misrepresented that Amazon founder Jeff Bezos was not the true purchaser of a $79 million Miami property, but told the real estate broker it could assert the defenses again with more facts to support them.
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February 06, 2025
Fla. Judge Beats Bias Challenge In Presiding Over CBD Suit
A Florida federal judge on Thursday rejected an objection by former franchisee for CBD company American Shaman Franchise System LLC to a magistrate judge's decision not to recuse herself from his breach of contract case.
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February 06, 2025
Metals Dealer Says Partners Lost $12M In Attys' Tax Scam
A precious metals dealer and his partners said they were fleeced of $12 million by attorneys who directed them to form a partnership and take illegal tax deductions for intellectual property, according to a complaint filed in Colorado federal court.
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February 06, 2025
Filing Claims 'Secret Lockout' Led To Conn. Trial Firm Schism
One of the 50-50 partners litigating the dramatic breakup of Connecticut Trial Firm LLC, a personal injury firm known for high-dollar verdicts, has accused his onetime partner of having "plotted a secret lockout" to remove him from the firm, according to a revised derivative complaint filed in Connecticut state court.
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February 06, 2025
XPO Says Ex-Account Execs Poached Its Customers For Rival
Logistics company XPO Inc. is accusing two ex-employees of violating their nonsolicitation and confidentiality agreements by poaching its clients after leaving to work for a rival firm, but the workers say the contracts are unenforceable, anyway.
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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.
Expert Analysis
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UBS Ruling Shows SDNY's Pro-Award Confirmation Stance
A New York federal court's recent ruling upholding an arbitration award in Lakah v. UBS, a long-running dispute over a bond debt default, serves as a reminder that New York courts carry a strong presumption toward binding parties to arbitration agreements and enforcing arbitral awards, say attorneys at Mayer Brown.
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Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws
Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.
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Where Payments Law And Regulation Are Headed In 2025
The Trump administration will likely bring significant changes to payments regulations in 2025, but maintaining internal compliance efforts in the absence of robust federal oversight will remain key as state authorities and private plaintiffs step into the breach, say attorneys at Stinson.
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2 Cases May Signal Where FTC Is Headed On Labor Issues
Two recent Federal Trade Commission challenges to no-hire clauses in agreements between building service firms and their customers include comments by future FTC Chair Andrew Ferguson that may offer insight into the direction the FTC is headed on labor issues, says Michael Wise at Squire Patton.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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7 Pitfalls To Watch In Tech Referral Fee Programs
The recent attempt by FluidStack to recover $10 million in referral fees allegedly promised by software vendor Denvr Dataworks should alert potential participants in so-called partnership programs to seven signs that a proposed technology referral agreement may not equally benefit all sides, says Chris Wlach at Huge Inc.
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Takeaways From 2024's Emerging IP Licensing Trends
Themes in intellectual property licensing from the past year – including artificial intelligence; risk management; and name, image and likeness rights – highlight key considerations for navigating an evolving landscape, say attorneys at Ballard Spahr.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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How The UPC, ITC Complement Each Other In Patent Law
Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling
The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.