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By Charles Toutant | January 27, 2021
The upshot of the published ruling, on an issue of first impression, is that a lawyer with an employment contract has the same rights as any other employee with an employment contract, said plaintiffs counsel Timothy Donohue.
By Aleeza Furman | January 21, 2021
Bricker & Eckler represents a freight broker in a case over indemnification provisions in contracts, Brown Rudnick represents a company attempting to construct a cell tower, and other work from midsize firms.
By Michael A. Mora | January 21, 2021
The Florida Supreme Court opinion was in response to the Fifth District Court of Appeal certifying a "question of great public importance."
New York Law Journal | Analysis
By Samuel Estreicher | January 20, 2021
In his Arbitration column, Samuel Estreicher discusses 'Fedor v. United Healthcare', in which the Tenth Circuit made clear that that the severability doctrine does not come into play unless there is an underlying arbitration agreement, and whether such an agreement has been formed is for the arbitrator to decide. In other words, contract formation issues are for the court, not the arbitrator.
New York Law Journal | Analysis
By Michael P. Regan | January 20, 2021
In 'Loughlin v. Meghji', the court held that a provision of a commercial contract requiring the payment of double the amount of attorney fees expended by the "substantially prevailing party" in a litigation between the contracting parties is not an unenforceable penalty. While some may believe that this particular provision is, in fact, a penalty, the court's mode of analysis in reaching that result is the more important takeaway for commercial lawyers.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | January 19, 2021
In their New York Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. discuss 'Deutsche Bank National Trust Company v. Morgan Stanley Mortgage Capital Holdings', in which the court held that the public policy rule prohibiting parties from insulating themselves for damages resulting from grossly negligent conduct only applies to contractual provisions that either completely immunize a party or provide for solely nominal damages.
By C. Ryan Barber | January 14, 2021
"The court does not countenance any individual's decision to short-circuit prepublication review and publicly disseminate potentially classified information. But nor does it wish to free the government from all consequences for potential misconduct," U.S. District Judge Royce Lamberth wrote Thursday.
By Greg Sandoval | January 14, 2021
David Groesbeck told a federal court in Seattle that Amazon tried to convince Parler to enter into new business deals shortly before Amazon stopped providing service to Parler.
By Alaina Lancaster | January 13, 2021
If the high court took up the case, its decision could more broadly determine whether gig economy drivers are bound by their employers' arbitration agreements, which have acted as a major barrier to litigating in courts workers' claims that they are misclassified as independent contractors.
By Raychel Lean | January 11, 2021
"She got nothing out of this. What did she get? A headache and legal fees," plaintiff counsel Jamie Sasson said.
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