A Colorado federal judge has imposed $275,000 in sanctions jointly and severally on Stryker-owned Howmedica Osteonics Corp., along with Seyfarth Shaw LLP, for witness coaching and discovery violations in a bitter breach-of-contract dispute, amounting to roughly one-eighth of what plaintiff ORP Surgical LLC had sought.
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Stryker Unit And Seyfarth Attys Hit With $275K Sanctions

By Emily Sawicki

A Colorado federal judge has imposed $275,000 in sanctions jointly and severally on Stryker-owned Howmedica Osteonics Corp., along with Seyfarth Shaw LLP, for witness coaching and discovery violations in a bitter breach-of-contract dispute, amounting to roughly one-eighth of what plaintiff ORP Surgical LLC had sought.

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Calif. High Court Deals Loss To Policyholder In COVID-19 Suit

By Eli Flesch

The California Supreme Court ruled Thursday that the coronavirus generally doesn't cause the kind of damage to property that would trigger coverage under an insurance policy, handing a win to a Chubb insurance company in one of the last major venues for pandemic coverage litigation.

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4th Circ. Rules No Coverage For Mars' COVID Losses

By Ganesh Setty

Candymaker Mars Inc. can't get coverage from Factory Mutual Insurance Co. for its COVID-19-related losses, the Fourth Circuit ruled Thursday, further rejecting Mars' bid to certify a question to the Virginia Supreme Court.

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Bungie Cheat Code Sellers Dinged At Trial For Deleting Docs

By Rachel Riley

A Seattle federal judge overseeing a trial of Bungie's copyright claims against a group of cheat code sellers instructed jurors Thursday that the defendants intentionally destroyed evidence by deleting records they had a duty to preserve once they were aware of the game studio's claims.

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6th Circ. Unbuckles Supplier From 'Odd' Seat Belt Contract

By Danielle Ferguson

A Sixth Circuit panel on Thursday freed a seat belt part supplier from having to continue to fulfill a seat belt system manufacturer's orders at an old price, saying the parties' "odd" agreement language isn't specific enough to enforce.

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Wiz Khalifa Settles Suit Over Cannabis Venture

By Jonathan Capriel

Rapper Wiz Khalifa has settled a lawsuit filed by the co-owner of his cannabis enterprise who claimed he was cut out of a $20 million deal to license the artist's name and likeness to promote cannabis products.

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Wow Such Basic: Justices Back Crypto Fans In Dogecoin Duel

By Jeff Overley

It's up to judges, not arbitrators, to figure out whether contracts between businesses and consumers have subtly superseded earlier agreements to hash out disputes in arbitration rather than litigation, the U.S. Supreme Court ruled Thursday.

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ENERGY & ENVIRONMENTAL

Irma Power Outage Claims Must Be Brought To Fla. Regulator

By David Minsky

A Florida state appellate court reversed the class certification in a multibillion-dollar lawsuit brought against Florida Power & Light Co. over extended electricity outages during Hurricane Irma, citing a new law requiring ratepayers to bring their claims before the state's Public Service Commission.

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Split Ohio High Court Says Jury Must Mull Drilling Rights Row

By Madeline Lyskawa

A split Ohio Supreme Court unraveled a trial court ruling in favor of oil and gas rights owner Tera LLC that acted as the basis of a $40 million damages award against Gulfport Energy, reasoning Thursday that there is a "genuine issue of material fact" over the meaning of certain terms in parties' lease agreement.

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INSURANCE

2nd Circ. Revives Insurer's $2.5M Suit Over Valuation Software

By Gina Kim

The Second Circuit on Thursday revived an insurer's indemnification bid against software company Audatex for $2.5 million in costs from a suit alleging its use of Audatex's valuation software resulted in underpayment for totaled cars, concluding the lower court erred in finding the suit didn't result from the insurer's use of Audatex's software.

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Insurer, Ski Resort Co. Battle Over COVID Coverage

By Ganesh Setty

An owner and operator of 15 ski resorts urged a Colorado state court to find that an AIG unit owes coverage under its policy's "loss of attraction" provision for COVID-19-related business interruption losses, while the unit argued that a voluntary shutdown of business, "even for good reasons," isn't covered.

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PERSONAL INJURY

Man Can't Enforce Fatal Car Crash Settlement, Ga. Panel Says

By Kelcey Caulder

The Georgia Court of Appeals on Thursday affirmed a trial court's rejection of a motion to enforce a presuit settlement in a case accusing a driver of fatally striking a man who was standing next to his vehicle on a highway's emergency lane, finding no agreement ever formed.

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PRIVACY & CONSUMER PROTECTION

NC Top Court Finds Credit Union's Arbitration Add-On Is Valid

By Katryna Perera

The North Carolina Supreme Court on Thursday said a credit union can enforce an arbitration clause tacked on to a customer's contract at a later date, confirming a ruling by a lower appellate panel and requiring the customer suing the nonprofit over allegedly illegal overdraft fees to arbitrate her claims.

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INTELLECTUAL PROPERTY

Judge Won't Strike $12.5M Suit Over LifeWallet Software

By Carolina Bolado

A Florida judge refused Thursday to strike a lawsuit accusing John Ruiz and his company, MSP Recovery, of failing to pay $12.5 million promised for LifeWallet software, finding that Ruiz had not met his burden of showing the lawsuit was a sham.

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EMPLOYMENT

FirstKey Sanctioned For Trying To Coerce Workers In OT Suit

By Spencer Brewer

A Texas federal judge sanctioned FirstKey Homes LLC for issuing coercive communications to employees in an apparent effort to steer them from joining a proposed wage and hour class action, finding Wednesday the only purpose the company had was "attempting to undermine the collective action in this case."

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TRO Against Ex-TD Bank Employees Revised

By Sydney Price

A federal judge in Connecticut walked back part of a temporary restraining order against ex-TD Bank employees accused of siphoning $25 million in business to Raymond James Financial, saying the previous order may have been more restrictive than necessary.

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SECURITIES & WHITE COLLAR

Ex-Physical Therapy Clinics Owner Gets 2 Yrs. In Billing Scam

By Julie Manganis

The former owner of eight physical therapy clinics in the Boston area was sentenced Thursday in Massachusetts federal court to just over two years in prison for a years-long scheme to bill insurance companies for nonexistent treatments, including for himself.

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COMPETITION

Conn. Marketing Co., Competitor Settle Exec Poaching Suit

By Brian Steele

The Connecticut-based healthcare marketing firm Primacy LLC has reached a settlement with a competitor it accused of poaching a top executive, weeks after bringing a trade secrets lawsuit in federal court.

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EXPERT ANALYSIS

Diving Deep Into Sweeping NY Financing Bill — And Its Pitfalls

A New York bill seeking to impose state usury limits onto a broader variety of financing arrangements and apply lender licensing requirements to more diverse entities would present near-insurmountable compliance challenges for lenders and retailers, say Kate Fisher and Tom Quinn at Hudson Cook.

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2nd Circ. Ruling Affirms NY Law's Creditor-Friendly Approach

The Second Circuit’s recent ruling in 245 Park Member v. HNA International provides creditors with some reason for optimism that debtors in New York may face rejection in court for aiming to keep creditors at arm’s length by transferring personal assets into an LLC, says Jeff Newton at Omni Bridgeway.

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Compliance Considerations For New Data Protection Law

Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.

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Key Lessons From Recent Insurance Policy Reform Litigation

A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.

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LEGAL INDUSTRY

Analysis

Biden's Judicial Impact And What's Left On The Wish List

By Courtney Bublé

President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

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Meet Biden's Latest Pennsylvania Picks For District Court

By P.J. D'Annunzio & Matthew Santoni

President Joe Biden has continued his trend of nominating public defenders to the federal bench, this time selecting two longtime defense attorneys to occupy vacancies in Pennsylvania.

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DOJ's Live Nation-Ticketmaster Suit: What You Should Know

The U.S. Department of Justice and a slew of state attorneys general filed a suit challenging the 2010 merger of Ticketmaster and Live Nation. Here, catch up on Law360's coverage of the deal and those who have challenged it along the way – Taylor Swift fans, investors and regulators.

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Exiled Chinese Businessman Is No $1B Fraudster, Jury Told

By Stewart Bishop

Exiled Chinese businessman and purported billionaire Guo Wengui ran legitimate companies in support of a broad movement that opposed the Chinese Communist Party, his attorney told a Manhattan federal jury Friday, rather than what prosecutors say was a multifaceted $1 billion fraud.

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Menendez, Kasowitz Firm Spar Over Subpoena To Cooperator

By Elliot Weld

Amid his bribery trial, U.S. Sen. Robert Menendez of New Jersey is urging a Manhattan federal judge to order a government cooperator to turn over communications involving his current counsel at Kasowitz Benson Torres LLP and his former attorneys.

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McElroy Deutsch Seeks Win Against Ex-CFO After Guilty Plea

By Rose Krebs

McElroy Deutsch Mulvaney & Carpenter LLP is urging a New Jersey state court to order its former chief financial officer to pay roughly $1.5 million damages for "unauthorized compensation" he paid himself and force him to disgorge $5.4 million in pay he received from the firm.

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Ex-DOJ Atty Clark Says He Was Denied A Fair Ethics Hearing

By Alison Knezevich

Former Justice Department official Jeffrey Clark was denied a fair hearing in his Washington, D.C., ethics case and should not face punishment, he told an attorney disciplinary committee in a Thursday filing.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Antitrust law took center stage this week as college general counsel try to figure out the what and how of paying student athletes under a new court ruling, and the U.S. Department of Justice is trying to break up the entertainment venue dominance of Live Nation and Ticketmaster.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Using A Children's Book Approach In Firm Marketing Content

From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

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LAW FIRMS IN TODAY'S NEWS

Acosta & Associates

Armas Bertran Pieri

Barnes & Thornburg

Boies Schiller

Bondurant Mixson

Brodhead Law LLC

Brooks Wilkins

Burnham & Gorokhov

Caldwell Carlson

Clifford Chance

Clyde & Co

Cohen & Malad

Connell Foley

Cooley LLP

Covington & Burling

Cranfill Sumner

Crowell & Moring

DWF LLP

Davidoff Hutcher

Davis Polk

Dentons

Dimond Kaplan

Duane Morris

Elsberg Baker

Eversheds Sutherland

Fieldfisher

Fish & Richardson

Fisher & Phillips

Foley Hoag

Fox Rothschild

Fox Williams

Frankfurt Kurnit

Friedman PA

Gateley PLC

Greenberg Traurig

Hamlins LLP

Harris St. Laurent

Heise Suarez

Hill Dickinson

Hintze Law

Hogan Lovells

Holland & Hart

Holland & Knight

Horwich Farrelly

Howes Percival

Hudson Cook

JMW Solicitors LLP

Jones Day

Kasowitz Benson

KaurMaxwell

Kirkland & Ellis

Larson King

Latham & Watkins

Littler Mendelson

Madsen Prestley

Marino Tortorella

McDermott Will & Emery

McDonald & MacGregor

McElroy Deutsch

McKool Smith

Michael Best & Friedrich LLP

Miller Johnson Snell & Cummiskey PLC

Morgan Lewis

O'Melveny & Myers

Pallas Partners

Pasich LLP

Paul Hastings

Penningtons Manches

Perkins Coie

Poole Huffman

Potter Clarkson

Pryor Cashman

Reed Smith

Richards Carrington

Rosen Hagood

Saporito Falcone

Seyfarth Shaw

Shutts & Bowen

Spencer Fane

Squire Patton

Steptoe & Johnson PLLC

Webb Daniel Friedlander

Welsh & Recker

Wilkin Chapman

Williams & Connolly

Wills Law Firm PLLC

Winston & Strawn

Young Thagard

Zuber Lawler

COMPANIES IN TODAY'S NEWS

AXA SA

AXA XL Ltd.

Academy Sports & Outdoors Inc.

Aetna Inc.

Affiliated FM Insurance Co.

Allianz SE

Alterra Mountain Co.

American International Group Inc.

Atlantic Global Insurance Services

Autoliv Inc.

Avolon Holdings Ltd.

Bayerische Motoren Werke AG

Boehringer Ingelheim

Boehringer Ingelheim Vetmedica Inc.

British Broadcasting Corp.

Cincinnati Financial Corp.

Coinbase Global Inc.

Defender Association of Philadelphia

Deloitte Touche Tohmatsu Ltd.

Duke Energy Corp.

EMCOR Group Inc.

Ferrari SpA

Financial Industry Regulatory Authority Inc.

FirstKey Homes LLC

Florida Power & Light Co.

Ford Motor Co.

Fordham University

Glencore PLC

Gulfport Energy Corp.

HSBC Holdings PLC

Icertis Inc.

Integrys Energy Group Inc.

Jubilee Holdings Ltd.

Lexington Insurance Co.

LifeWallet

Live Nation Entertainment Inc.

MAPFRE SA

Major Lindsey & Africa LLC

Mars Inc.

Mediterranean Shipping Co. SA

Mercedes-Benz USA LLC

MilliporeSigma

Mitsui Sumitomo Insurance Co. Ltd.

Mondelez International Inc.

NBCUniversal Media LLC

National Collegiate Athletic Association

Netflix Inc.

New Jersey Transit Corp.

New York Football Giants Inc.

Norfolk Southern Corp.

Omni Bridgeway Ltd.

Pac-12 Enterprises LLC

Paysafe Group PLC

Pegasus Capital Advisors LP

PetroChina Company Limited

QBE Insurance Group Ltd.

ROC Nation LLC

Raymond James Financial Inc.

Solicitors Regulation Authority Ltd.

Space Exploration Technologies Corp.

State Farm Mutual Automobile Insurance Co.

Stryker Corp.

Swissport International Ltd.

Tampa Electric Co.

Tesla Inc.

The District of Columbia Bar

The New York Times Co.

Toronto-Dominion Bank

United Talent Agency LLC

University of Virginia

Wells Fargo & Co.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Supreme Court

Companies House

European Commission

European Union

Federal Bureau of Investigation

Federal Trade Commission

Florida Public Service Commission

Georgia Court of Appeals

National Labor Relations Board

New York State Assembly

Ohio Supreme Court

U.S. Attorney's Office for the District of Massachusetts

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Justice

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Maryland

U.S. District Court for the District of Massachusetts

U.S. District Court for the Eastern District of California

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Tennessee

U.S. District Court for the Middle District of Pennsylvania

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Environmental Protection Agency

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the District of Colorado