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Commercial Contracts
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January 30, 2025
WB's 'The Pitt' Is 'Absolutely' An 'ER' Reboot, Crichton Says
Counsel for the widow of "ER" creator Michael Crichton urged a California state judge on Thursday not to toss allegations that Warner Bros. Discovery's new medical drama "The Pitt" is an unauthorized reboot, saying the now-streaming show's development history proves it "absolutely derived" from the 1990s and early 2000s hit.
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January 30, 2025
NC Biz Court Bulletin: Sanctions Miss, Philip Morris Refund
In the second half of January, the North Carolina Business Court tussled with sanctions against a biogas company, heard claims an insurer tried to deliberately embarrass Cadwalader Wickersham & Taft LLP and ordered an $11 million tax refund for Philip Morris.
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January 30, 2025
Ex-Charter Communications IT Exec Says Noncompete Is Void
A former Charter Communications Inc. executive has asked a Connecticut federal judge to throw out the company's trade secrets claims against him or at least transfer the case to Colorado, arguing that his ex-employer has failed to say what secrets he allegedly took to his new job and that his noncompete agreement is void.
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January 30, 2025
Broker Sues Builder After Condo Plan Ditched For Apartments
A brokerage contracted to market condominiums in Denver says a developer is refusing to pay commission and other costs after deciding to convert the project into an apartment complex, according to a lawsuit filed in Colorado state court.
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January 30, 2025
Storage Co. Says Rothman Gordon Left Behind Files, Big Bills
The defunct Pittsburgh law firm Rothman Gordon PC has left thousands of file boxes in storage at a contractor's warehouse without paying, and is insisting that the contractor go through the stored records to return files to former clients, according to a lawsuit the storage company filed in Pennsylvania state court.
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January 29, 2025
Fla. Yacht Owner Seeks Depo At Courthouse After Shooting
A yacht owner has urged a Florida state court to allow a deposition in a lawsuit over an ownership dispute to be taken at the downtown Miami courthouse, saying he fears for his safety following threats on his life and a shooting that almost killed him.
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January 29, 2025
Spotify Beats Suit Challenging 'Bundling' Royalty Structure
A New York federal judge tossed a challenge to Spotify's new method for calculating artist royalties Wednesday, finding that the streaming giant followed the law in "bundling" a premium subscription that gives users access to both music and audiobooks.
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January 29, 2025
Apple Will Appeal Denial Of Bid To Defend Google Search Deal
Apple said Wednesday that it will appeal an order refusing to let it intervene in the government's search monopolization case against Google to defend a multibillion-dollar revenue-sharing deal that makes Google the default search engine for the Safari browser.
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January 29, 2025
$17M Punitive Award Reversed In Miami Hotel's Noise Suit
A Florida state appeals court on Wednesday upheld sanctions against the owner of two Miami Beach hotels for committing fraud on the court in a commercial landlord-tenant dispute, but the court threw out a $17.4 million punitive damages award and ordered a new trial on that issue.
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January 29, 2025
Dentons Taps SEC Enforcement Vet From Morrison Cohen
Dentons has brought on a former U.S. Securities and Exchange Commission enforcement attorney from Morrison Cohen LLP, where his work made headlines when he won a rare sanctions order against the regulator over its handling of a case against a client, the crypto project known as Debt Box.
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January 29, 2025
Mich. Judge Doubts Discovery Dispute Should DQ Firm
A Michigan federal judge on Wednesday said a law firm's alleged "bad behavior" doesn't necessarily mean it can't represent a former CEO of a solar energy company, telling residents who sought to disqualify the firm because of a supposed conflict that their complaints may be better dealt with through discovery motions.
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January 29, 2025
Cell Tower Co. Says Colo. Jury Was Misled Over Dish Lease
Telecom infrastructure giant Crown Castle is urging the Colorado Court of Appeals to vacate a jury finding in its $32 million suit against Dish Network over allegedly unpaid cell tower site rent, arguing that a judge's pretrial ruling led the jury to incorrectly find that Dish wasn't at fault.
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January 29, 2025
Defamation And Default Alleged In Conn. Mortgage Biz Battle
A Connecticut businessman accused of raiding a mortgage servicer's business accounts to start a competing firm says the company defamed him in a counterclaim in state court lodged on the same day the company sought a default judgment in the litigation over a soured partnership.
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January 29, 2025
Amazon Says Docs FTC Wants For Prime Case Are Privileged
Amazon fired back in a discovery dispute in the Federal Trade Commission's case accusing the e-commerce giant of Prime subscription deception, saying the regulator is not entitled to documents tied to a company meeting because the records reflect legal advice and work product.
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January 29, 2025
Rental Co. Urges NC Justices To Review Debt Deadline Ruling
A South Carolina real estate rental company urged the North Carolina Supreme Court on Tuesday to overturn a lower court's decision that the company missed the window to enforce a debt because the automatic stay triggered by the debtor's bankruptcy filing didn't toll the statutory 10-year period for the company to renew the judgment.
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January 29, 2025
Curaleaf To Pay $31.8M In Pot Farm Contract Row
A Michigan federal jury on Wednesday found that a pair of Curaleaf affiliates breached their contract with a cannabis farm, awarding the farm nearly $32 million in damages, while rejecting Curaleaf's counterclaims.
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January 29, 2025
Uber Can't Duck Mass. Tech Company's Trade Secrets Suit
A Massachusetts state judge ruled Wednesday that a forum selection clause can't protect Uber from answering claims that it stole a Boston technology company's trade secrets after partnering with it on rider safety pilot projects in Brazil.
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January 29, 2025
Suit Over Ohtani's Historic Stolen Base Ends With Settlement
The Miami Marlins and Los Angeles Dodgers have reached a settlement in a now-dropped lawsuit in which a baseball collector alleged he never received a base used in the game that saw Dodgers slugger Shohei Ohtani eclipse 50 home runs and 50 stolen bases in a single season.
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January 29, 2025
Dechert Seeks Clawback From Ex-Atty After $132K Pay Error
A former Dechert senior project attorney is accused of failing to report a $132,250 billing error and refusing to return the funds, according to a suit the firm brought against her in New York state court.
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January 28, 2025
Jury Clears LED Distributor Of Korean Co.'s Fraud Claims
A California federal jury returned a verdict Tuesday clearing the head of a now-defunct LED screen distribution company of allegations that he lied to his Korean manufacturing partner about efforts to repay millions of dollars worth of mounting debts.
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January 28, 2025
Proud Boys Atty Beats Researcher's IP Claim In Mixed Verdict
A Washington, D.C., federal jury Tuesday cleared an attorney who defended a Proud Boy accused of attacking the U.S. Capitol of infringing a Texas-based researcher's copyright, but found that the attorney owes the researcher $77,000 for skipping out on his bill.
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January 28, 2025
Staples Settles Out Of Visa, Mastercard Swipe Fee Battle
Staples on Tuesday settled out of an over decade-long antitrust battle lodged against Visa and Mastercard for allegedly overcharging merchants via swipe fees, leaving the payment card companies with one less retailer to face in trial this year over their alleged anticompetitive fee scheme.
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January 28, 2025
Amazon Says Too Late For Mass. Court's Expense Suit Take
Amazon said a delivery driver missed his chance to seek clarity on whether Massachusetts state wage law requires employers to compensate employees for work-related expenses, urging a Washington federal judge to pass on asking the Bay State's top court to weigh in.
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January 28, 2025
End To Third-Party Standing May Affect Ga. Civil Rights Suits
The Supreme Court of Georgia on Tuesday shut down a landowner's bid to sue her county on behalf of the would-be buyer of her property, declaring that Peach State courts will no longer recognize third-party standing as a means for plaintiffs to get in the courthouse's doors in a ruling experts say could have a wide effect on future civil rights cases.
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January 28, 2025
Capri Investors Sue Over Scrapped $8.5B Tapestry Merger
Fashion brand giants Capri Holdings Ltd. and Tapestry Inc. misled investors about potential antitrust regulatory issues associated with their planned $8.5 billion merger that ultimately led to the deal's failure and investor losses, according to a proposed securities class action filed Tuesday in Delaware federal court.
Expert Analysis
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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NC Ruling Takes Practical Approach To Duty-To-Defend Costs
In Murphy-Brown v. Ace American Insurance, a case of first impression, the North Carolina Business Court adopted the commonsense rationale of many state courts in holding that policyholders' defense costs should be deemed presumtively reasonable when a insurer breaches its duty to defend, say attorneys at McGuireWoods.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Testing The Waters As New Texas Biz Court Ends 2nd Month
Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent wait-and-see approach from some potential litigants, say attorneys at Norton Rose.
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How DOJ's Visa Debit Monopolization Suit May Unfold
The U.S. Department of Justice's recently filed Section 2 monopolization suit against Visa offers several scenarios for a vigorous case and is likely to reveal some of the challenges faced by antitrust plaintiffs following the U.S. Supreme Court's split 2018 American Express decision, say attorneys at Mintz.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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There's No Crying In Property Valuation Baseball Arbitration
The World Series is the perfect time to consider how the form of arbitration used for settling MLB salary disputes — in which each side offers competing valuations to an arbitrator, who must select one — is often ideal for resolving property valuation disputes, say Sean O’Donnell at Herrick Feinstein and Mark Dunec at FTI Consulting.
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Navigating Fla.'s Shorter Construction Defect Claim Window
In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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Webuild Ruling Complicates Arb. Award Enforcement In US
A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.