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Commercial Contracts
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April 24, 2025
4th Circ. Won't Rehear Health Data Access Order Challenge
The Fourth Circuit has declined an electronic medical records firm's request for the appellate court to rethink a panel's decision to dismiss its appeal of an order forcing the company to let a nursing data business access its patient information.
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April 24, 2025
Red Sox TV Network Wins Civil Judgment In Fraud Suit
The regional cable channel that broadcasts Boston Red Sox and Bruins games has obtained a civil judgment against a former executive who was convicted of embezzling nearly $600,000 through a billing fraud scheme.
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April 24, 2025
Appeal Fast-Tracked In Feud Over Use Of Ex-Atty's Name
The Second Circuit has fast-tracked an appeal by a Connecticut attorney who lost a lawsuit over his former law firm's alleged unauthorized use of his name and likeness after his firing.
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April 23, 2025
California Bar Says It Used AI To Craft Some Exam Questions
The State Bar of California used artificial intelligence to develop certain multiple-choice questions that were included in the February exam, a revelation that left one law school assistant dean "shocked" and a move that the state bar said was "not clearly communicated" to its own leadership.
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April 23, 2025
Equipment Rental Industry Facing Algorithmic Pricing Claims
The construction equipment rental industry is the latest to face claims of algorithmic collusion, with several suits filed in the last few weeks accusing United Rentals, Herc, The Home Depot and others of using the same third-party service to set prices.
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April 23, 2025
Curaleaf Sues Ex-VP For Alleged Breach Of Noncompete
Cannabis company Curaleaf sued a former executive in Florida federal court Wednesday, alleging she breached her employment agreement and may have shared confidential information when she jumped ship to competitor Jushi.
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April 23, 2025
Fla. Panel Reverses Promoter's $1M Award Against Pro Boxer
A Florida appeals court on Wednesday reversed a $1.45 million judgment against professional Mexican boxer Saul "Canelo" Alvarez, finding that the award for Alvarez's former promoter — who claimed he was owed part of Alvarez's earnings — was not based on competent substantial evidence.
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April 23, 2025
Ex-Exec Says Centene Harassed Him Over Void Noncompete
A former vice president at Centene claims in a new Illinois federal court lawsuit that the company has engaged in a campaign of harassment, threats and bullying directed at him and his new employer, based on a noncompete agreement he alleges is void.
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April 23, 2025
'Minute Entry' Isn't A Real Judicial Order, 2nd Circ. Told
A Second Circuit panel on Wednesday seemed skeptical of a plastic resin producer's claim that a Connecticut federal district judge's oral ruling and follow-up minute entry weren't formal orders triggering a deadline to appeal several contract dispute losses totaling $1.7 million.
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April 23, 2025
Costco Hit With Suit Over iPhone Warranty Omissions
Costco is the target of a proposed class action claiming the big box retailer sold iPhones without disclosures required under Washington state consumer protection laws, including omitting the terms of warranties and how much it costs for repairs.
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April 23, 2025
Crypto Co. Drops Suit Against K&L Gates, For Now
A bitcoin mining company has dropped its lawsuit against its former counsel K&L Gates LLP, ending for now its claims that the firm overbilled it and missed a key deadline in a separate bankruptcy action.
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April 23, 2025
Colo. Resort Developer Nixes Suit To Pursue Barbuda Claims
A Colorado-based resort developer has voluntarily dismissed a Denver District Court lawsuit accusing a business partner on a Barbuda resort project of violating a noncompete by working on a similar resort, and plans to pursue his claims through a case in Barbuda, according to the developer's lawyer.
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April 23, 2025
Musk's X Settles Age Bias Suit Over Layoffs
A California federal judge dismissed a certified collective action filed against Elon Musk's social media company X on Wednesday that alleges workers aged 50 and older were disproportionately targeted for layoffs, issuing the order after the parties reported they reached a settlement.Â
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April 23, 2025
Ex-Olympian Says QVC Stole Idea For 50+ Lifestyle Brand
A former Olympian and broadcaster who created a platform centered around women over 50 alleged in New Jersey federal court on Tuesday that QVC strung her along with the opportunity to partner and develop the platform into a lifestyle brand for the company, only to steal the idea without payment.
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April 23, 2025
US Sues Gas Co. That Overbilled Pa. Prison By $4M
The federal government is seeking more than $4 million in civil penalties after an El Paso, Texas, man pled guilty to defrauding the Federal Bureau of Prisons by inflating natural gas invoices to a Pennsylvania prison.
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April 23, 2025
Judge Exits Allied Wallet Exec's Trial Over Plea Interference
A Massachusetts federal judge agreed to step aside Wednesday from the criminal bank fraud case of a former Allied Wallet executive after acknowledging that he had improperly inserted himself into plea negotiations.
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April 23, 2025
Commercial Foreclosure Atty Joins Offit Kurman's NYC Office
Offit Kurman said Wednesday that it had added David Yohay, a veteran real estate attorney with expertise advising lenders on commercial foreclosures, to its commercial litigation practice group in New York City.
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April 22, 2025
Ship Co. Loses Seizure Bid In $12M Arbitration Dispute
A Mississippi federal judge on Tuesday nixed litigation by a U.S. shipping charter firm that asked to seize a deep-sea motor vessel as it looks to enforce more than $12 million of arbitral awards against a Mexican maritime company, ruling that the court lacks jurisdiction.
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April 22, 2025
Texas Court Questions $55M Arbitration Award's Validity
A Texas appeals panel asked why a $55 million arbitration award to the former director of a Dallas alternative asset investment company can't float just because the arbitrator based the damages on securities filings, saying Tuesday that arbitrators have broad discretion to determine damages.
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April 22, 2025
Ga. Woman Gets 12 Years In $156M FEMA Fraud Case
A Georgia woman convicted of defrauding the Federal Emergency Management Agency in a case involving nearly $156 million in fraudulent contracts related to Hurricane Maria relief has been sentenced to 12 years in prison.
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April 22, 2025
Majority Shareholders Sanctioned In Telecoms Control Fight
A New York federal judge Tuesday sanctioned the majority shareholders of telecommunications infrastructure firm Continental Towers LATAM Holdings Ltd. for ignoring arbitral awards issued in a bitter, yearslong dispute over control of the company.
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April 22, 2025
Puerto Rico Soccer Org. Loses Bid To Soften Sanctions
A Puerto Rico judge on Friday declined to reconsider the disqualification of an attorney, and sanctions imposed for misusing artificial intelligence to fight the disqualification bid, in a lawsuit that accuses FIFA of antitrust violations.
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April 22, 2025
Airfield Subcontractor Says Parsons Stiffed It Out Of Millions
A Colorado-based construction company told a federal judge that a Parsons Corp. unit wrongfully terminated its $36 million subcontract for a U.S. government airfield project on the remote Marshall Islands, failed to pay it for work and materials and seized some of its assets.
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April 22, 2025
11th Circ. Not Likely To Snuff Smoke Shop's $1.1M Trial Loss
The Eleventh Circuit signaled Tuesday that it was likely to uphold a $1.1 million verdict entered against a Georgia-based tobacco importer for selling counterfeit rolling papers, throwing cold water on the importer's claims that the verdict constituted a windfall that was prohibited in a 2023 trial.
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April 22, 2025
Fintech Faces Investor Suit Over Unpaid $1.25M Settlement
A Toronto-headquartered fintech company faces a fresh suit in Brooklyn federal court, alleging it has not paid "a dollar" of the $1.25 million it committed to handing over to end securities fraud claims.
Expert Analysis
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FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out
Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Kubient Case Shows SEC's Willingness To Charge Directors
The U.S. Securities and Exchange Commission's recent fraud charges against Kubient's former CEO, chief financial officer and audit committee chair signal a willingness to be more aggressive against officers and directors, underscoring the need for companies to ensure that they have appropriate channels to gather, investigate and document employee concerns, say attorneys at Jenner & Block.
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3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim
The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Boeing Ruling Is A Cautionary Tale For Trade Secret Litigants
A Washington federal court’s recent ruling canceling a $72 million jury award against Boeing because Zunum Aero had failed to properly identify its trade secrets highlights the value of an early statement of alleged secrets, amended through discovery and used as a framework at trial, says Matthew D'Amore at Cornell.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Google And The Next Frontier Of Divestiture Antitrust Remedy
The possibility of a large-scale divestiture in the Google search case comes on the heels of recent requests of business breakups as remedies for anticompetitive conduct, and companies should prepare for the likelihood that courts may impose divestiture remedies in the event of a liability finding, say Lauren Weinstein and Nathaniel Rubin at MoloLamken.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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Exploring Practical Employer Alternatives To Noncompetes
With the Federal Trade Commission likely to appeal a federal court’s recent rejection of its noncompete ban, and more states limiting the enforceability of these agreements, employers should consider back-to-basics methods for protecting their business interests and safeguarding sensitive information, says Brendan Horgan at FordHarrison.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Service Agreement Lessons From July's Global Tech Outage
The worldwide outages recently caused by Crowdstrike Holdings' misconfigured software update highlight the need to evaluate potential IT vendors, negotiate certain service agreement terms, and review existing agreements and diligence forms to help prevent future disruptions and mitigate the fallout should one occur, say attorneys at WilmerHale.
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Rise Of Transpo Contractors Brings Insurance Disputes
As more independent contractors are contracted and subcontracted in the delivery industry, companies must be prepared to defend claims from drivers who are injured on the job as they are often seeking to establish an employment relationship with one of the entities in the chain, says Nathan Milner at Goldberg Segalla.
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Co-Tenancy Clause Pointers For Shopping Center Landlords
Large retail tenants often require co-tenancy provisions in their leases, entitling them to remedies if a shopping center's occupancy drops in certain ways, but landlords must draft these provisions carefully to avoid giving tenants too much control, says Gary Glick at Cox Castle.
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What VC Fund Settlement Means For DEI Grant Programs
An unexpected settlement in American Alliance for Equal Rights v. Fearless Fund, based on specific details of an Atlanta venture capital fund's challenged minority grant program, leaves the legal landscape wide open for organizations with similar programs supporting diversity, equity and inclusion to chart a path forward, say attorneys at Moore & Van Allen.