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Daily Business Review

Herssein Law Group Claims Opposing Counsel Colluded With Miami Judge's Lawyers

After losing a hard-fought battle over whether Miami-Dade Circuit Judge Beatrice Butchko could be Facebook friends with an attorney before her, the Herssein Law Group again claims foul play by the judge.
6 minute read

New York Law Journal

Five Keys to Analyzing a Material Adverse Effect

While parties to large purchase or merger transactions typically include material adverse effect (MAE) clauses in their agreements, there is little in the law for what establishes a “material adverse effect.” Parties to such transactions can find some guidance from the recent decision in 'Akorn v. Fresenius Kabi AG', which marked the first Delaware state court case to uphold a buyer's right to terminate a merger agreement on the basis of an MAE.
8 minute read

Daily Business Review

Judge Tosses Claims Against Winklevoss Twins Over $1.3M Adult Magazine Investment

Miami attorney Carlos F. Gonzalez came up on the losing side of the litigation over the public role of investors Cameron and Tyler Winklevoss.
3 minute read

Delaware Business Court Insider

Chancery Court Tosses Claims Against Winklevoss Twins Over $1.3M Magazine Investment

Friday's ruling, from Vice Chancellor Joseph R. Slights III, came in the brother's Winklevoss Capital Fund's 2018 lawsuit accusing one-time partner Stephen Shaw of mismanaging Treats!, which operates a print and digital magazine depicting nude and semi-nude photography of models and celebrities.
3 minute read

Litigation Daily

Daily Dicta: Kasowitz Team Scores $179M Award Against Fox, But Can O'Melveny's Petrocelli Stop Runaway Arbitrator?

When can an arbitrator award punitive damages? That's the $128 million question for 21st Century Fox, which was socked with a massive punitive penalty in a licensing dispute over the television show “Bones.”
5 minute read

Daily Business Review

Jury Awards $300,000 After Contractor Delays Project With Lien

A developer prevailed on a counterclaim against another developer and a related contractor hired to oversee construction of a doomed residential development.
1 minute read

New York Law Journal

Taylor Swift Defeats Broker's 'Wildest Dreams' in $1 Million Commission Dispute

Judge Furman's decision in 'Douglas Elliman v. Firefly Entertainment' affirms the longstanding rule in New York that a broker seeking commission in connection with a sale of real estate must prove that it was the “procuring cause” of the transaction.
5 minute read

New York Law Journal

Appellate Panel Affirms Buffalo Mayor's RICO Immunity in Development Suit

Despite offering its sympathies to the appellants, the Second Circuit panel said the racketeering and other claims by developer NRP Group were rightly dismissed by the district court.
3 minute read

New York Law Journal

2nd Circuit Opts for 'Lesser Evil' in Venue Row, Keeping Bank Lawsuit in Manhattan

The panel found the negatives outweighed rectifying an Indiana district court's error sending a breach-of-contract case to New York for lack of personal jurisdiction.
6 minute read

The Legal Intelligencer

Insurer's 'Regular Use' UIM Exclusion Applied to All Fleet Vehicles, Court Rules

A trucker injured in an accident while driving a company truck was precluded from collecting underinsured motorist benefits by his policy's regular use exclusion because the truck was part of his employer's fleet, even though he had previously driven the specific vehicle in question only twice, the Pennsylvania Superior Court ruled.
4 minute read

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