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The Recorder

California Supreme Court Kicks 'Unconscionable' Arbitration Case Back to Court of Appeal

Determining whether an employment arbitration's provisions are fatally flawed requires more than just tallying the number of unconscionable provisions, the unanimous court held.
4 minute read

Law.com

Foley Hoag Files Suit on Behalf of Wayfair's $2.1M 'Double Payments' to Unpaid Subcontractors

To save the project and maintain its opening date, Wayfair paid or is in the process of directly paying $1.99 million to subcontractors to cover the outstanding amount that Generis owed them. Wayfair claims it already paid Generis $1.49 million for invoiced work from December 2022 through the beginning of the year, in essence, requiring the retailer to "double pa[y]," according to the complaint.
3 minute read

National Law Journal

FTC Cautions Franchisors Against Imposing 'Unfair and Deceptive' Practices Against Franchisees

"Today the Commission is making clear that contractual terms prohibiting franchisees from reporting potential law violations to the government are unfair, unenforceable, and illegal," FTC Chair Lina Khan said.
4 minute read

Law.com

'Endlessly Delay': Court Allows Generic Drug Company's Implied Breach of Duty to Proceed Against Partner

A federal judge in Illinois is allowing a drug company's lawsuit over the untimely development of drug medication to continue against pharmaceutical companies it had partnered with to develop medications.
4 minute read

The Legal Intelligencer

Judge Tosses Kline & Specter's California Claims Against Bosworth

"Kline & Specter was asking the court to be the first in the country to hold that a third party has standing to sue a TikTok user for supposedly violating TikTok's terms of service," Jassy Vick partner Jean-Paul Jassy, who represents Bosworth, said.
5 minute read

Texas Lawyer

All Eyes on Pennsylvania After Texas Court's Limited Injunction Against FTC Noncompete Ban

"The 'Ryan' court ... temporarily enjoined the noncompete rule from going into effect but only as to the named plaintiffs and intervenors to the lawsuit," write attorneys from Baker Donelson.
7 minute read

New York Law Journal

Trends in Litigation, Part 3: Oral Contracts and Quasi-Contracts

Adrienne Koch's third in her a four-part series that examines how litigation can shape the evolution of best practices in the real estate industry. This article focuses on circumstances in which contractual or contract-like liability can arise even in the absence of a written contract, and the importance of a drafting approach to avoid surprises.
6 minute read

The Recorder

Calif. Teachers Retirement Fund, Repped by Pillsbury, Sues Construction Company, Alleging Contracting Fraud

Pillsbury attorneys Clark Thiel, Marc Coats and Natalie Truong filed the suit on behalf of CalSTRS in the California Superior Court for Sacramento County on July 1. The complaint accused DPR Construction of breaching its construction contract with CalSTRS, failing to maintain proper licensure, retaining unlicensed subcontractors and submitting false payment applications. Counsel has not yet appeared for the defendants.
4 minute read

New York Law Journal

Lukoil Pan Americas Sues Investment Firm Over Alleged $18 Million Breach

The plaintiff, a subsidiary of the Russian oil and gas company Lukoil, is represented by Baker McKenzie.
2 minute read

Daily Report Online

Herschel Walker's 2022 Campaign for Senate Sues Media Agency for Inflated Ad Costs

This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in federal and state courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be among the first to know about new suits in your region, practice area or client sector.
3 minute read

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