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Commercial Contracts
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January 06, 2025
Cosmetic Laser School's Certificates 'Worthless,' Suit Says
A proposed class of cosmetic laser students has hit National Laser Institute LLC and CEO Louis "the Laser Guy" Silberman with a federal fraud complaint claiming the certifications they received based on promises of immediate career entry and earning potential are actually "worthless" because Illinois doesn't recognize the practice of medical esthetics.
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January 06, 2025
Seacrest Oil Co. Launches $71M Arbitration Against Petrobras
Oil and gas production company Seacrest Petroleo said Monday that two subsidiaries have initiated arbitration proceedings against Petrobras, seeking compensation for the Brazilian state-owned oil company's failure to complete pipeline repair work.
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January 06, 2025
Toolmaker's Batteries Are Fire-Prone, Class Claims
The company behind SKIL power tools has been hit with a proposed consumer fraud class action targeting a recently recalled lithium-ion battery an Illinois customer says can catch fire, hurting people and damaging their property.
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January 06, 2025
Pashman Stein Avoids Atty's Claims, Rips Threat Accusation
Pashman Stein Walder Hayden PC has defeated an attempt from an attorney and former client to countersue it for breach of contract in New Jersey state litigation from the firm over unpaid fees, accusing the lawyer of a "flagrant attempt to manipulate the judicial process."
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January 06, 2025
Robot Lawn Mower Cos. End Their Contract Fight In NC
A pair of robot lawn mower companies that have been fighting over the aftermath of their prior partnership have come together to tell North Carolina's business court that they are ready to drop their dispute following an earlier motion that stated they had agreed to a settlement.
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January 06, 2025
Space Biz Accused Of Gov't Satellite Contract Bait-And-Switch
A subcontractor hit a Colorado space company with a $17.2 million breach of contract lawsuit in federal court Saturday, accusing Sierra Space of adopting a bait-and-switch strategy in which it dragged out subcontracting negotiations in order to win a lucrative federal satellite contract and then awarded the business to a rival subcontractor.
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January 06, 2025
National Court Reporters Association Hit With Antitrust Suit
The National Court Reporters Association exploits its monopoly in the stenographic certification market to charge its members inflated and unnecessary membership dues and keep potential competitors out of the market, according to a new antitrust lawsuit in New Jersey federal court.
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January 06, 2025
2nd Circ. Says Argent Can't Force ESOP Suit To Arbitration
The Second Circuit knocked down Argent Trust Co.'s bid to arbitrate a case alleging the wealth management company sold inflated shares to a barbecue chain's employee stock ownership plan, after ruling in a similar case that identical arbitration contract language wasn't enforceable.
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January 06, 2025
US Wants More Time To Counter Altria's $106M Tax Refund Bid
Tobacco giant Altria's complaint seeking a $106 million tax refund related to its interests in beverage company Anheuser-Busch requires more research to counter in the event a Virginia federal court decides it can move forward, the U.S. government said in requesting time for potential discovery.
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January 06, 2025
Disney Buy Ends Fubo Sports Streaming Suit
Disney and Fubo announced a deal Monday morning to combine the streaming startup with Disney's Hulu + Live TV business, in an agreement that ends Fubo's lawsuit that had so far successfully challenged a three-way live sports streaming joint venture between Disney's ESPN, Fox and Warner Bros. Discovery.
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January 03, 2025
Vizgen Loses Antitrust Claims Against 10x In Biotech IP Fight
A Delaware federal court on Friday dropped Harvard's business partners at 10x Genomics Inc. out of some of the antitrust counterclaims by a rival biotech developer that is targeted in a patent lawsuit set for trial next month.
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January 03, 2025
Netgear, Huawei Settle Calif. RICO Suit Over Wi-Fi SEPs
Netgear and Huawei informed a California federal judge Friday that they have resolved their racketeering dispute and asked for a 30-day stay to finalize their deal, weeks after Netgear sought to block Huawei from seeking injunctions through patent actions pending in foreign courts and a German court found Netgear infringed Huawei's Wi-Fi patents.
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January 03, 2025
FTC Fines AI Software Co. $1M Over Web Accessibility Claims
Software maker accessiBe will pay the Federal Trade Commission $1 million to settle the agency's allegations that the company misrepresented how its artificial intelligence-powered tool could make websites compliant with international guidelines for disability accessibility, the FTC announced Friday.
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January 03, 2025
Del. Court Rules Against Insurers In Harman 'Bump-Up' Case
In a closely watched ruling on director and officer insurer denials of mergers and acquisitions cost "bump-up" payouts, a Delaware judge sided on Friday with Harman International Industries' claims that insurance providers unjustifiably denied coverage for a $28 million settlement of challenges to Harman's 2017 merger with Samsung Electronics America Inc.
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January 03, 2025
Fund Manager Says Broker-Dealer's Retaliation Led To Losses
Financial services company Leader Capital Corp. has sued a broker-dealer and a marketing services company for allegedly making false and misleading representations to investors about Leader Capital's compliance with securities laws, causing at least $3.5 million in damage after the investors withdrew funds.
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January 03, 2025
Enforcement Of $146M Chilean Hospital Award Sought In Conn.
A Chilean construction company has kicked off new litigation in Connecticut looking to enforce a $146.5 million arbitral award against Italian construction giant Webuild, several months after a Delaware judge nixed the company's initial enforcement suit on jurisdictional grounds.
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January 03, 2025
Booz Allen To Pay $15.8M To Settle False Claims Case
Booz Allen Hamilton struck a $15.8 million settlement with the federal government Friday, resolving claims a subsidiary submitted false claims under a contract meant to supply computer military training simulators to the U.S. Department of Defense.
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January 03, 2025
Orchard Settles 'Criminal Enterprise' Defamation Suit
The former part-owner of a Michigan orchard and the orchard's holding company have settled claims that the ex-partner defamed the company and caused a loss of business by logging into its Google business account and calling it a "criminal enterprise."
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January 03, 2025
AIG Seeks $302K For Water Damage At NFL Player's NJ Home
An AIG insurer said it's entitled to recover nearly $302,000 from a contractor and plumbing company for flood damage to a Philadelphia Eagles player's Garden State home, telling a New Jersey federal court that the companies improperly installed the wrong piece of hardware when renovating the property.
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January 03, 2025
Ga. Law Firm Says Investment Co. Dodging $182K Bill
A Michigan-based investment firm is facing allegations it dodged paying more than $180,000 in legal fees owed to an Atlanta-area law firm, according to a suit removed to Georgia federal court Friday.
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January 03, 2025
Missed Deadline Bars Startup Investors' Conspiracy Claims
A three-year statute of limitations — missed by a little more than a month — dooms civil conspiracy claims in a lawsuit alleging that partners in a venture capital firm created "sham" independent contractor agreements with a firm controlled by one of its partners to charge "massive and inexplicable" fees, a Massachusetts judge has ruled.
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January 03, 2025
Biogen Not On Hook For Disruptions Caused By Landlord
Biogen Inc. did not breach the terms of a sublease with biopharma components manufacturer Brammer Bio and bears no responsibility for any claimed losses suffered by Brammer during a construction project by the building's owner, a Massachusetts judge has concluded.
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January 03, 2025
Ala. Judge Won't Recuse In Talc Fight Due To Law Firm Work
An Alabama federal judge will not recuse himself from a fight between two leading plaintiffs law firms in the multibillion-dollar litigation over Johnson & Johnson's tainted talcum powder, saying Friday that his previous representation of Beasley Allen Law Firm won't bias him against Smith Law Firm PLLC.
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January 03, 2025
Pa. Homebuyers Say Broker Misled Them On Chicken Ban
A pair of Pennsylvania homebuyers told a state court on Jan. 2 they have buyer's remorse after being misled by broker Coldwell Banker Real Estate Services LLC about a homeowners association's ban on chickens living on their property.
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January 03, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Chris Eubank Jr. hit with a libel claim from a boxing promoter, a perfume boss face proceedings from his businesses following sanctions violations claims, and Israeli broadcasters file intellectual property claims against BT and Sky. Here, Law360 looks at these and other new claims in the U.K.
Expert Analysis
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Int'l Agreements Are Key For Safe Nuclear Waste Disposal
By replacing fossil fuels, nuclear energy has the potential to offer a major contribution to the global fight against climate change — but ensuring that nuclear power is safe and sustainable will require binding, multinational agreements for safe nuclear waste disposal, say Ryan Schermerhorn and Christopher Zahn at Marshall Gerstein.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Opinion
FTC's Report Criticizing Drug Middlemen Is Flawed
The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Del. Dispatch: Cautionary Tales Of 2 Earnout Effort Breaches
The Delaware Court of Chancery's tendency to interpret earnout provisions precisely as written, highlighted in two September rulings that found buyers breached their shareholder obligations when they failed to make reasonable efforts to hit certain product development milestones, demonstrates the paramount importance of precisely wording these agreements, say attorneys at Fried Frank.
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Managing Sanctions Defense Across Multiple Jurisdictions
Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.