News

A trade secret misappropriation lawsuit against Uber has been given the green light to move forward by the San Francisco Superior Court. Plaintiff Kevin Halpern claims he shared information about his startup idea Celluride Wireless Inc. with former Uber CEO Travis Kalanick in 2006, four years before Uber’s app launched. Halpern did not file his lawsuit until 2015.
When a group of individuals and entities hired a financial services company to assist them in selling a group of oil and gas leases, the financial services company put in place formal bidding procedures and deadlines. Before bidders were allowed access to information about the leases, they signed a confidentiality agreement which included a no-obligation clause.
As organizations throughout the U..S. move employees to remote working additional hazards arise including legal challenges. Baker McKenzie has provided a useful checklist of challenges and strategies to guide your company as you increase telecommuting opportunities.    
In answering a certified question from the Fifth Circuit Court of Appeals, the Supreme Court of Mississippi interpreted the plain meaning of a contract between Chickasaw School District and Sullivan Enterprises, Inc. to apply a subrogation waiver to both work and non-work property. The question pertained to a contract between the school district and the contractor for window restoration work on Houlka Attendance Center in May 2015. Two months later a fire broke out during construction and destroyed the school.
A North Carolina policyholder filed suit against his homeowner’s insurance company after they calculated the Actual Cash Value (ACV) of his home’s repair by depreciating both property and labor costs. While the base policy neglected to define ACV, a separate roof coverage addendum stated the ACV would be determined by deducting depreciation from the cost to repair or replace the damaged roof.
When it comes to losing the ability to claim white collar exemptions apply to specific jobs employers’ application (or lack thereof) of their policies matter more than the policy itself. In a Fifth Circuit Court of Appeals case, Escribano v. Travis County, Texas, 947 F.3d 265, 274 (5th Cir.
Eastern Concrete operates rock quarries in New Jersey. Its parent company, U.S. Concrete, has its principal place of business in Texas, where two of Eastern Concrete’s officers reside. U.S. Concrete procured a commercial umbrella insurance policy with Great American Insurance Company through a Texas broker. The policy insured Eastern Concrete as well as other subsidiaries. In the summer of 2017, Eastern Concrete accidentally pumped rock fines into Spruce Run Creek and caused physical damage to the stream.
When YouTuber Kian Andrew Habib posted four videos he’d taken of the late artist Prince in concert, the Prince estate filed a lawsuit. Habib claimed he had the right to post the videos because the vantage point from which he shot the film constituted a transformative nature and that the videos were noncommercial because he didn’t seek to make money from them. The U.S. District Court disagreed. YouTube users and other digital content creators should pay attention to this case before assuming they understand copyright law.
American Kidney Fund, Inc., was served subpoenas as a third-party to a lawsuit in Maryland. As often happens, AKF bore the brunt of the costs of complying with those subpoenas. AKF then requested reimbursement for attorneys’ fees incurred in responding to those subpoenas. The Court determined that Rule 45(d)(2)(B)(ii) only protects a non-party when attorney fees result from the party’s compliance to a compelling court order. Since AKF complied without a compelling court order, the cost-shifting option was not available.
Cannabis business owners in the 33 states that permit some medical cannabis use and the 11 states and District of Columbia that have legalized the sale and recreational use of cannabis face unique challenges. One of those includes banking and insurance. Banks, financial services companies, and insurance companies shy away from doing business with the industry due to criminal and civil liability concerns because cannabis is still outlawed by US federal law.
In January 2020, the U.S. Department of Labor published the Final Rule which limits when employers, specifically a franchiser and its franchisees, can be considered to jointly employ workers under the Fair Labor Standards Act. The Final Rule goes into effect on March 16, 2020. It revises an Obama era policy that could have left franchisor corporations legally liable for unpaid overtime or minimum wages by their franchisees. The Final Rule uses a four-factor test to determine which entity has direct or indirect control of the employee.
As New York, New Jersey, Illinois, Wisconsin, Oregon, and Washington all consider implementing rules like California’s AB-5 to make it more challenging to classify workers as independent contractors, Tennessee moves in the opposite direction. A new law that went into effect on January 1, 2020, calls for the implementation of the classic 20-factor test. These factors offer employers flexibility within the law to structure business arrangements in a way that best meets the business’s and its employees’ needs.
Finding a reputable legal advisor is a top need for business owners and consumers. In today’s world, consumers rely on word-of-mouth and online ratings more than ever. When they need to retain the services of a law firm in a specific field or geographic location, Martindale-Hubbell has been the trusted name in attorney ratings for more than 100 years. 
When Universal Truckload sent Dalton Logistics, a shipping broker, an Indication of Interest Letter, Dalton halted its plans to shut down the company. Over the next year, Dalton burned its assets to keep the company afloat as Universal Truckload made verbal assurances of a coming deal. As Dalton’s resources dwindled, Universal Truckload increased Dalton’s credit limit and provided their trucks for Dalton’s use on credit.
The Fifth Circuit Court of Appeals covers a lot of ground in this case between Communications Vertex Aerospace, LLC (L-3), its former Deputy General Counsel Courtney Paine Snider, and outside counsel Womble Carlyle Sandridge & Rice, LLP and Charles A. Edwards.
A Texas-based company recently agreed to a $2.6 million settlement with the EEOC on a failure-to-accommodate claim. The company employed food demonstrators and supplied those employees to its customers’ stores. Company rules dictated food demonstrators were only allowed to sit for 10 minutes every two hours, and the company made no exceptions for medical conditions that required more time to sit. The EEOC determined the actual duties of the position did not support its strict requirements.
Last year the Department of Labor (DOL) further defined how employees may take Family Medical Leave Act (FMLA) leave to care for children with a serious health condition. A mother requested FMLA leave to attend her children's
Following a shooting at Cole’s Place, a bar in Kentucky, several injured bar patrons sued in state court, alleging tort claims.
A jury returned a $150,000 verdict for a plaintiff who broke a tooth on a small bone fragment in a Wendy’s hamburger. Following the verdict, the trial judge granted the defendant’s motion for a mistrial due to the plaintiff’s lawyer’s improper “reptile theory” closing and ordered a new trial. In the closing, the lawyer appealed to the jury to protect the community from harm to be caused by the hamburger chain’s potential future actions.

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