A California federal judge presiding over Epic Games' high-stakes antitrust compliance fight against Apple expressed frustration Monday with the parties' disagreement over the scope of Apple's document production, asking counsel repeatedly "What am I supposed to do?" and "Do I need to get somebody on the stand to explain this?"
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WEDNESDAY, JUNE 19, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

'What Am I Supposed To Do?': Epic-Apple Doc Row Irks Judge

By Dorothy Atkins

A California federal judge presiding over Epic Games' high-stakes antitrust compliance fight against Apple expressed frustration Monday with the parties' disagreement over the scope of Apple's document production, asking counsel repeatedly "What am I supposed to do?" and "Do I need to get somebody on the stand to explain this?"

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BNSF Owes Wash. Tribe $400M For Oil Shipping Trespass

By Greg Lamm

BNSF Railway Co. must pay a Washington tribe nearly $400 million for years of illegally running oil cars across tribal territory, a federal judge in Seattle ruled Monday.

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Exxon Investor Deal Ends Suit Over Emissions Proposal

By Spencer Brewer and Lauren Berg

Activist investor Arjuna Capital has escaped Exxon Mobil Corp.'s lawsuit over a contentious greenhouse gas-related shareholder proposal the investor sought to include in the company's 2024 proxy statement after a Texas federal judge on Monday accepted the investor's promises not to resubmit the proposal.

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Startup Wants To Add More Than $200M To Boeing IP Verdict

By Greg Lamm

Zunum Aero Inc. is urging a Washington federal judge to significantly boost a $72 million jury verdict against the Boeing Co. for misappropriating the electric jet startup's trade secrets, including adding $162.5 million in exemplary damages and nearly $52 million in legal costs and interest.

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Justices To Decide If False Claims Act Applies To E-Rate

By Ali Sullivan

The U.S. Supreme Court on Monday agreed to review whether reimbursement requests made to the Federal Communications Commission's E-rate program for schools and libraries are "claims" under the False Claims Act.

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McDonald's Nears Fee Win For Beating $100M Fraud Suit

By Gina Kim

A California state judge has tentatively granted McDonald's request for over $231,000 in fees after winning an anti-SLAPP victory against Byron Allen's suit claiming that it fraudulently pledged to increase spending on Black-owned media, but the judge asked the restaurant Monday to submit a proposed judgment to account for its work in filing the fee request.

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LEGAL ETHICS & MALPRACTICE

NJ Firm Defends Lien On Ex-Client's Patents After Unpaid Bills

By Andrew Karpan

A major New Jersey law firm said it has a "common law" right to place a lien on its former client's patents without telling it, after the "failed" biopharmaceutical startup fired the firm and stopped paying its outstanding legal bills.

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INSURANCE

No Coverage For Family Shareholder Row, 2nd Circ. Affirms

By Hope Patti

A Liberty Mutual unit had no duty to defend Paraco Gas Corp. and two of its executives in a family shareholder dispute, the Second Circuit affirmed Monday, finding that all claims in the underlying suit fell within the policy's contract exclusion.

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Dutch Insurer Says Record Clear To Affirm $160M Arbitration

By Hayley Fowler

A Dutch insurer is pushing a North Carolina federal judge to confirm a €150 million (roughly $160 million) arbitration award against insurance mogul Greg Lindberg and his companies, citing a recent order in which the court acknowledged the award as binding.

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PRODUCT LIABILITY

Chrysler MDL Class Can Fix 'Puzzling' State Claim Skip

By Danielle Ferguson

A Michigan federal judge has said he will give a class of drivers alleging Chrysler minivans have a defect that causes their batteries to explode unexpectedly an opportunity to fix their "puzzling" choice not to plead state-by-state claims in the first master complaint of the sprawling multidistrict litigation.

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PRIVACY & CONSUMER PROTECTION

College Students Say Mass. COVID Liability Shield Unjust

By Julie Manganis

Three former students seeking tuition refunds are urging a Massachusetts court to rule on the constitutionality of a state law wiping away schools' liability for switching to online learning during the COVID-19 pandemic in 2020, a statute that has all but doomed their separate federal complaints.

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INTELLECTUAL PROPERTY

Boeing, Virgin Can't Agree To Injunction's Scope In IP Row

By Daniel Wilson

Boeing and Virgin Galactic have clashed over whether Virgin can share information with outside contractors gleaned as part of a failed aircraft development contract, as Boeing's suit accusing Virgin of breaching the deal and misappropriating trade secrets moves forward in Virginia federal court.

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EMPLOYMENT

Split Mass. Top Court Backs Strict View Of Prompt Pay Law

By Brian Dowling

The top appeals court in Massachusetts said in a divided opinion Monday that contractors must pay overdue invoices before disputing claims under the state's prompt pay law, with two dissenting judges criticizing the majority for trying to rewrite the law "by judicial fiat."

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Trader Claims Firm Owes Bonus On $37M Texas Storm Profits

By Thy Vo

A trader told a Denver jury Monday that a Colorado energy marketing company fired him as retaliation after he accused the CEO of failing to pay out his cut of $37 million from trades made during a 2021 Texas storm that caused natural gas prices to spike.

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Nursing Home Co. Owes Fees On Staffing Deal, Recruiter Says

By Hayley Fowler

An international recruiter has accused the owners of nursing homes and assisted living communities in several states of failing to fork over fees for placing nurses and nursing assistants in their facilities, saying they owe over $3.4 million in outstanding fees.

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SECURITIES & WHITE COLLAR

Foreign Investors Sue Over Lost $7.7M NYC Mall Investment

By Grace Dixon

Fourteen foreign investors who lost the entirety of their $7.7 million investment in a New York City shopping mall project filed suit against two lenders, a developer and the manager of an EB-5 lender in New York federal court, saying they are owed damages.

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BANKING

Bitcoin Mining Hosting Vendor Can't Dodge $6.4M Suit

By Sydney Price

A Washington federal judge told a crypto computer host that it must face a suit from a bitcoin mining company accusing it of failing to return equipment worth $6.4 million, finding the hosting agreement allowed the mining company to demand access to all the equipment if the host failed to meet its obligations.

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COMPETITION

Huawei Slams Netgear's 'Tenuous' RICO Case

By Andrew Karpan

Huawei has responded to a racketeering and antitrust case from a major U.S. maker of Wi-Fi routers by calling it "rife with tenuous legal and factual claims" and comparing its reworking of patent infringement allegations to the U.S. Federal Trade Commission's failed antitrust case against Qualcomm.

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Teamsters Plan Says Health Network Has Monopoly In Conn.

By Emily Brill

A Teamsters healthcare benefits plan and a Connecticut public transit provider have sued the healthcare network Hartford Healthcare Corp., accusing it of having a monopoly over healthcare in a half-dozen regions of the state.

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GOVERNMENT CONTRACTS

Justices Reject Dispute Over $3.1B South Korean Military Deal

By Daniel Wilson

The U.S. Supreme Court declined Monday to consider the scope of commercial activities in a case brought by a brokerage firm fighting the loss of a $3.1 billion South Korean military satellite deal.

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L3Harris Rips Moog's Counterclaims In $78M Contract Suit

By Carolina Bolado

L3Harris Technologies Inc. urged a Florida federal court Friday to throw out breach of contract counterclaims from fellow defense contractor Moog Inc., which it has accused of failing to timely deliver critical satellite parts under several subcontracts worth $77.9 million.

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BANKRUPTCY

Hertz Warrant Holder Sues In Chancery For Contract Breach

By Jeff Montgomery

Two investment affiliates of Discovery Capital Management LP have sued Hertz Global Holdings Inc. in Delaware's Court of Chancery, alleging willful failure to redeem warrants issued in 2021 as part of the company's Chapter 11 and demanding at least $187 million plus interest.

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CANNABIS

Mich. Judge Unsure If Town's Pot Co. Shutdown Broke Lease

By Jonathan Capriel

A commercial landlord will have to go to trial on claims of unpaid rent against a combination medical marijuana grow and sign-making company, a Michigan state judge ruled, saying a jury must decide if the local government's decision to force the cannabis shop out voids the lease.

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NEWS IN BRIEF

Brief

Bookstores Appeal Denied Bid To Join FTC's Amazon Case

By Matthew Perlman

A trade association for bookstores is appealing to the Ninth Circuit after a lower court refused its request to intervene in the Federal Trade Commission's antitrust suit against Amazon that raises concerns about the e-commerce giant's sale of books and contracts with publishers.

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Brief

Drugmaker, PE Investor Sued In Del. Over 'Unfair' Deal Terms

By Jeff Montgomery

Clinical-stage biotechnology firm Omega Therapeutics' board entered into an "unfair" agreement to develop a new drug with the company's controlling private equity stockholder that was heavily tilted in favor of the majority equity holder and Omega insiders, an investor alleged in a lawsuit in Delaware's Chancery Court.

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EXPERT ANALYSIS

Foreign Discovery Insights 2 Years After ZF Automotive

Although an Arizona federal court decision last month demonstrates that Section 1782 discovery may still be available to foreign arbitral parties, the scope of such discovery has narrowed greatly since the U.S. Supreme Court's 2022 decision in ZF Automotive, and there are a few potential trends for practitioners to follow, say attorneys at Venable.

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Cyber Takeaways For Cos. From Verizon Data Breach Report

Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.

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Think Like A Lawyer: Always Be Closing

When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

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LEGAL INDUSTRY

The 2024 Lawyer Satisfaction Survey

Firms are making their attorneys happy in most areas of professional life, including culture and compensation, but stress is a constant struggle and many are taking minimal vacations, according to the latest survey from Law360 Pulse.

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Akin Elects US, London Duo To Take Over From Veteran Chair

By Ashish Sareen

Akin Gump Strauss Hauer & Feld LLP said on Tuesday that it has elected the partner in charge of its New York office and a corporate specialist in London to jointly lead the firm as its longtime chair prepares to step down next year.

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NY High Court Denies Trump's Gag Order Appeal

By Frank G. Runyeon

New York state's highest court on Tuesday denied Donald Trump's rapid appeal of the gag order that limited his speech during his criminal hush money trial, finding it did not raise serious constitutional issues.

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Dems' Absences Bring Canceled Vote On Ore. Federal Judge

By Courtney Bublé

The Senate scrapped a vote on Tuesday for Magistrate Judge Mustafa Taher Kasubhai's nomination to a district court judgeship in the District of Oregon amid vast Republican opposition.

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Del. House Panel Splits On Senate-Passed Corp. Law Change

By Jeff Montgomery

A divided Delaware House committee released on Tuesday contested amendments to the state's general corporation law, sending the measure toward a full House vote after sometimes edgy testimony that included a committee chair's shutdown of an opposing law professor's reference to HBO's seamy corporate drama series "Succession."

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The 2 New Jersey Attys Ensnared In A Mogul's Extortion Rap

By George Woolston

New Jersey businessman George E. Norcross III may be the alleged mastermind of an extortion scheme to reap millions in tax credits on waterfront property in a distressed city, but an explosive indictment also reveals the purported roles of two attorneys with close ties to the Democratic Party.

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Panel Laments 'Hunger Games' Tactics In Mich. Judicial Races

By Carolyn Muyskens

A Michigan Court of Appeals panel has expressed concern that judicial candidates are weaponizing the complexity of Michigan's filing requirements to eliminate their competition, with one judge commenting that "contests for vacant judgeships all too often have turned into the Hunger Games." 

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McElroy Deutsch Says Exec Embezzled Money For Home

By Tracey Read

McElroy Deutsch Mulvaney & Carpenter LLP has doubled down on its bid for a constructive trust on the home of two former executives accused of stealing from the firm.

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9 Firms Vie To Lead Suit Over Ad Tech Co.'s Microsoft Ties

By Sydney Price

Pomerantz LLP, Levi & Korsinsky LLP and several other firms have filed competing bids to lead a proposed shareholder class action alleging that shares of ad tech company Perion Network declined nearly 40% after its strategic partner Microsoft Bing "unilaterally" changed its search advertising pricing.

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Healthcare Tensions Equal Business For Litigation Funders

By Ryan Boysen

As rampant consolidation collides with inflation-squeezed margins in the American healthcare system, tensions between service providers and insurers are at the breaking point and increasingly boiling "over into litigation," providing opportunities for litigation funders, according to a new article by Burford Capital LLC.

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Ariz. County Says New Kari Lake Vote Claims Merit Sanctions

By Ali Sullivan

Maricopa County officials are slamming former gubernatorial candidate Kari Lake's bid to unravel a Ninth Circuit decision affirming the toss of her lawsuit over Arizona's voting machines, contending that the "fatally flawed" effort warrants sanctions.

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DC Bar Counsel Moves To Suspend Hunter Biden's Law License

By Alison Knezevich

Attorney disciplinary authorities in the nation's capital have moved to suspend Hunter Biden's license to practice law there after he was convicted of three federal gun charges last week.

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Dems Ask For Update On Justice Thomas Gifts Investigation

By Katie Buehler

A pair of Democratic lawmakers have asked the judiciary's governing body for an update on its review of U.S. Supreme Court Justice Clarence Thomas' failure to disclose years of luxury gifts and travel he received from conservative billionaires.

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Cuomo's Ex-Aide Details Sex Harrassment Claims In New Suit

By Dorothy Atkins

Former New York Gov. Andrew Cuomo's onetime executive assistant has filed a civil lawsuit in New York state court, accusing Cuomo of "outrageous sex discrimination and retaliation" roughly two years after related misdemeanor charges over the alleged misconduct were dropped.

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LAW FIRMS IN TODAY'S NEWS

Aeton Law Partners

Akin Gump

Allen Chesson

Arnold & Porter

Barrack Rodos

Benesch

Berger Montague

Bernstein Liebhard

Block & Leviton

Boies Schiller

Brooks Pierce

Brown & Connery

Burgess Law Group

Cantey Hanger

Casey Gerry

Cohen Milstein

Condon Tobin

Conn Kavanaugh

Corr Cronin

Cotchett Pitre

Cravath Swaine

Critchley Kinum

Crowell & Moring

Cuti Hecker

Day Pitney

Foley Hoag

Fox Rothschild

Francis Mailman

Freed Kanner

Gibson Dunn

Glancy Prongay

Glavin PLLC

Goldberg Kohn

Hagens Berman

Heyman Enerio

Hitchcock Law Firm PLLC

Hogan Lovells

Holland & Knight

Holwell Shuster

Holzer & Holzer

Hueston Hennigan

Hunton Andrews

Jones Day

Kaplan Fox

Klein Thomas

Law Offices of Charles B. Molster III

Levi & Korsinsky

Lovins Trosclair

Marino Tortorella

Mayer Brown

McCarter & English

McDermott Will & Emery

McDonough Hacking

McElroy Deutsch

McKool Smith

Miller Barondess

Morgan Lewis

O'Melveny & Myers

O'Neil Cannon

Otteson Shapiro

Pacifica Law Group

Parker Daniels Kibort

Parker McCay

Paul Hastings

Perkins Coie

Pomerantz LLP

Poole Huffman

Potomac Law Group

Reid & Wise

Smith Alling

Spencer Fane

Stinson LLP

Susman Godfrey

The Miller Law Firm PC (Rochester, MI)

Tousley Brain

Venable LLP

Weil Gotshal

Williams Williams Rattner & Plunkett

Wilson Elser

Winston & Strawn

Wolf Popper

COMPANIES IN TODAY'S NEWS

ADVA Optical Networking

Abdul Latif Jameel Group

Advanced Micro Devices Inc.

Amazon.com Inc.

American Hospital Association

Apple Inc.

Aurora Flight Sciences Corp.

BNSF Railway Co.

Boston College

Boston University

Burford Capital LLC

CTIA

Certares Management LLC

Concord Energy LLC

Conner Strong & Buckelew

Cooper Health System

Cushman & Wakefield Inc.

De Novo

Decurion Corporation

Discovery Capital Management LLC

Envision Healthcare Corp.

Epic Games Inc.

Exxon Mobil Corp.

FCA US LLC

FedEx Corp.

Flagship Pioneering

Google LLC

Graycor Inc.

Hartford HealthCare Corp.

Hertz Global Holdings Inc.

Home Box Office Inc.

Huawei Technologies Co. Ltd.

Intel Corp.

International Centre for Settlement of Investment Disputes

Ironshore Inc.

Kiteworks

Knighthead Capital Management LLC

L3Harris Technologies Inc.

Liberty Mutual Insurance Group

Lihua International Inc.

Lockheed Martin Corp.

McDonald's Corp.

Microsoft Corp.

Moelis & Co.

Moog Inc.

Morgan Stanley

NBCUniversal Media LLC

NETGEAR, Inc.

New Jersey State Bar Association

Novo Nordisk A S

Nucor Corp.

Omega Therapeutics Inc.

Paraco Gas Corp.

Perion Network Ltd.

QUALCOMM Inc.

Rolls-Royce PLC

Rowan University

Salesforce.com Inc.

Servotronics Inc.

Sterling Financial Corp.

Sun Bancorp Inc.

The Boeing Co.

The District of Columbia Bar

The Goldman Sachs Group Inc.

The Institute of Electrical & Electronics Engineers Inc.

The Leadership Conference on Civil & Human Rights

Toronto-Dominion Bank

Twitter Inc.

U.S. Anesthesia Partners

U.S. Vision Inc.

United Nations Commission on International Trade Law

United States Telecom Association

United Way Worldwide Inc.

Virgin Galactic Holdings Inc.

Weather Group Television LLC

Webster Financial Corp.

Wolverine World Wide Inc.

WorldWide HealthStaff Solutions Ltd.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Commonwealth of Massachusetts

Delaware Court of Chancery

Delaware River Port Authority

Federal Communications Commission

Federal Trade Commission

International Chamber of Commerce

Massachusetts Supreme Judicial Court

New York Attorney General's Office

Swinomish Indian Tribal Community

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Department of Justice

U.S. Department of State

U.S. District Court for the Central District of California

U.S. District Court for the District of Arizona

U.S. District Court for the District of Connecticut

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Middle District of Florida

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court