Counsel News and Events for Attorneys and Executives

Litigation-Business

Ten-Week Telecommute Reasonable for In-House Counsel, Sixth Circuit Holds

Ten-Week Telecommute Reasonable for In-House Counsel, Sixth Circuit Holds

News
The U.S. Court of Appeals for the Sixth Circuit found that ten weeks of telecommuting was a reasonable accommodation for a pregnant in-house lawyer put on bed rest, reports Manatt Phelps & Phillips LLP.

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Global Warming Public Nuisance Actions Will Stay in Federal Court

News
The cities claim that the companies, despite knowing of the risks associated with climate change and global warming, continued to produce and sell their products to the public that uses fossil fuels.

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Berkshire’s National Indemnity Ordered to Pay $43 Million for Asbestos Settlement

News
National Indemnity  provided general liability insurance to the state at the time of the alleged exposure, but it had argued those insurance policies didn’t cover the asbestos-related claims, according to MarketWatch.

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Wynn Resorts Settles Lawsuit for $2.4B Over Forced Redemption of Shares

Wynn Resorts Settles Lawsuit for $2.4B Over Forced Redemption of Shares

News
The legal fight between the companies dates back to 2012, when Wynn Resorts pushed out Universal’s founder Kazuo Okada after finding the Japanese tycoon made improper payments to overseas gambling regulators, reports the AP.

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Add One Line in Employment Contracts to Reduce Exposure to Misclassification Liability

Add One Line in Employment Contracts to Reduce Exposure to Misclassification Liability

Insight
A Kelley Drye blog post suggests the use of one simple sentence in employment contracts, handbooks and policies for salaried employees that would likely reduce exposure by approximately two-thirds in FLSA cases.

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Dead Law Firm’s Estate Can’t Collect Fees, California Court Says

Dead Law Firm’s Estate Can’t Collect Fees, California Court Says

News
The bankrupt law firm’s estate brought suit against 49 law firms to recover millions of dollars it said were owed from legal work that the firm’s former partners had taken with them.

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Litigator Len Wade Joins Jackson Walker

Litigator Len Wade Joins Jackson Walker

News
Jackson Walker announced that Len A. Wade has joined the firm as a partner in the Fort Worth office. Wade has experience as a trial lawyer, mediator, arbitrator, and judge.

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Dear Employer, You Could Owe the IRS Millions of Dollars

Dear Employer, You Could Owe the IRS Millions of Dollars

News
Some practitioners expect Industries like trucking, restaurant, and staffing to see a high proportion of the demands from the IRS, according to Bloomberg.

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Assault Allegations Highlight Home Service Call Vulnerabilities, Plaintiff’s Attorney Says

News
A lawsuit has been filed against cable company Charter Communications and its third-party cable installation partner DCOMM after the alleged sexual assault of a 72-year-old Dallas woman.

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Antitrust Litigation: How an Amicus Brief Can Win an Appeal

Insight
A group of 36 economists affiliated with top universities across the country filed an amicus brief explaining that the lower court used a faulty economic theory when it ruled against the FTC.

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Biglaw Firm Could Pay $1.4 Million After Malpractice Verdict

News
The jury awarded up to $1.1 million in fees and expenses, which Alston & Bird could be required to cover in full, according to Above the Law.

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Harvey Weinstein’s Insurer Refuses to Pay for Legal Defense

Harvey Weinstein’s Insurer Refuses to Pay for Legal Defense

News
Chubb Indemnity Insurance Co. sued Weinstein on Wednesday, asking the New York Supreme Court for a declaration that it is not obliged to fund the disgraced producer’s legal defense, according to Variety.

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Indemnification Clauses and Defining the Relationship

Insight
As an attorney-client relationship comes with a number of privileges and obligations, understanding when that relationship comes into being is crucial, cautions Robert J. Glowacki Jr. of Poyner Spruill.

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Landman Contract Defeated by the Statute of Frauds

Insight
Gray Reed & McGraw’s Energy & the Law blog describes a contract case in which an oil and gas landman found out that the contract he signed with a purported agent for a client was unenforceable.

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Long-Running Construction Defect Fight in Texas Ends With Defense Win

News
A decade-long construction defect battle involving a South Padre Island, Texas, luxury condominium complex damaged during Hurricane Dolly has been resolved in a take-nothing defense win secured by attorneys of the West Mermis law firm for the general contractor.

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States to Forego Most of $650M Legal Settlement With Takata

News
Attorneys general for the states alleged that Takata concealed air bag safety issues and failed to disclose safety defects.

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4th Annual Federal Judges Survey – Full Report Released

4th Annual Federal Judges Survey – Full Report Released

Insight
The Exterro report is a compilation and analysis of the responses of 30 judges to questions about attorney and judicial e-discovery proficiency, recommendations for improvements, and their thoughts on how legal teams are using new e-discovery rules.

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Do Architects and Engineers Owe a Legal Duty to Non-Contracting Parties?

Insight
A appellate opinion provides some guidance with respect to the architect’s and engineer’s common law duty when processing pay applications, according to Clark Hill PLC.

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Detours on the Way to Your Contractually Selected Forum

Insight
Global Private Equity Watch finds some good news for the careful transactional lawyer who drafts a bespoke forum clause in a contract.

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Claim of Fraudulent Inducement of a Construction Contract Does Not Invalidate Arbitration Clause

Insight
Pepper Hamilton LLP’s Constructlaw blog discusses an Ohio case in which a plaintiff sued a building company and attempted to have the arbitration clause in a construction contract declared unenforceable.

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