Open for Business: Legal Business News - May 31, 2011

Open For Business Newsletter May 31, 2011 FindLaw.com Open For Business Newsletter Quick Links Cases & Codes Careers Legal Market Center Lawyer Directory Lawyer Marketing Table of Contents eBay, PayPal Sue Google Over Mobile Payment Trade Secrets NYC judge allows lawsuit against Huffington Post When Feds Require Internal Investigations, Lawyers Make Big Money Social Host Liability Extended to Business Functions? Court issues restraining order against Eli Lilly In shift, feds target top execs for health fraud Chiquita sued over Colombian paramilitary payments Skycap Tips: American Wins Appeals Court Reversal Daimler Must Face Argentina 'Dirty War' Worker Kidnappings Suit in Calif. Simonoff v. Expedia, Inc., 10-35595 Accenture LLP v. Spreng, 11-222 General Dynamics Corp. v. US, 09–1298 You may forward this e-mail in its entirety. SPONSOR HIGH PROFILE CASES: EBAY, PAYPAL SUE GOOGLE OVER MOBILE PAYMENT TRADE SECRETS (FindLaw's In House) - In a clash of titans, eBay and PayPal have sued to stop Google implementing a mobile payments system for its Android phone. The system would allow consumers to make bank and merchant payments through mobile phones. NYC JUDGE ALLOWS LAWSUIT AGAINST HUFFINGTON POST (AP) - A judge on Tuesday refused to throw out a lawsuit by two Democratic political consultants who allege that The Huffington Post's founders stole the idea for the online news website from them. SPONSOR LEGAL ANALYSIS: WHEN FEDS REQUIRE INTERNAL INVESTIGATIONS, LAWYERS MAKE BIG MONEY (FindLaw's In House) - Sure, SEC, we'll investigate your foreign corruption allegations ourselves. Our lawyers will want to talk to you, then they will start piling up billable hours. The Justice Dept. and SEC continue to rely heavily on companies to investigate themselves, and to root out potential fraud, reports The Washington Post. SOCIAL HOST LIABILITY EXTENDED TO BUSINESS FUNCTIONS? (FindLaw's Decided) - As a result of a recent New Mexico Supreme Court ruling challenging the responsibility of a group of pharmaceutical representatives for a drunk driving accident, state alcohol liability laws no longer only apply to the reckless bar, liquor store, or homebound social host. NEWS: COURT ISSUES RESTRAINING ORDER AGAINST ELI LILLY (AP) - Amylin Pharmaceuticals says a federal court issued an injunction preventing drug development partner Eli Lilly from using the same sales force to sell an Amylin-developed diabetes treatment and a competitor's. IN SHIFT, FEDS TARGET TOP EXECS FOR HEALTH FRAUD (AP) - It's getting personal now. In a shift still evolving, federal enforcers are targeting individual executives in health care fraud cases that used to be aimed at impersonal corporations. The new tactic is raising the anxiety level - and risks - for corporate honchos at drug companies, medical device manufacturers, nursing home chains and other major health care enterprises that deal with Medicare and Medicaid. CHIQUITA SUED OVER COLOMBIAN PARAMILITARY PAYMENTS (AP) - More than 4,000 Colombians are suing banana giant Chiquita Brands International in the U.S., saying the company's payments funded the right-wing paramilitary groups that killed their relatives. They say the payments amounted to illegal support for terrorists. The groups' victims have largely been civilians. SKYCAP TIPS: AMERICAN WINS APPEALS COURT REVERSAL (FindLaw's Decided) - The U.S. 1st Circuit of Appeals has reversed an earlier decision to grant American Airlines skycaps around $330,000 in baggage fees. The American Airlines skycap reversal hinged on whether the court was to interpret the case via state tip laws, or if they were to interpret the case based on federal law. Federal law prevailed. DAIMLER MUST FACE ARGENTINA 'DIRTY WAR' WORKER KIDNAPPINGS SUIT IN CALIF. (FindLaw's In House) - In Bauman v. DaimlerChrysler Corporation, the Ninth Circuit Court of Appeals has overruled the trial court's dismissal of Daimler Chrysler AG, from a lawsuit brought by survivors and heirs of Argentina's "dirty war," reports Reuters. RECENT CASE SUMMARIES: SIMONOFF V. EXPEDIA, INC., 10-35595 (United States Ninth Circuit) - In a dispute involving the scope of the Fair and Accurate Credit Transactions Act (FACTA), Rule 12(b)(6) dismissal by the district court is affirmed because under the FACTA, a receipt that is transmitted to the consumer via email and then digitally displayed on the consumer's screen is not an electronically printed receipt. ACCENTURE LLP V. SPRENG, 11-222 (United States Second Circuit)- In a dispute involving the scope of the Federal Arbitration Act (Act), 9 U.S.C. 39 section 16(b)(4), and arising from an asset purchase agreement, appeal of the district court's order denying plaintiff's motion to enjoin arbitration is dismissed because Act precludes review of the order where the order was not a final decision with respect to an arbitration. GENERAL DYNAMICS CORP. V. US, 09–1298 (United States Supreme Court) - In a dispute arising from the termination of a government contract for the manufacture of stealth aircraft, judgment of the appeals court is reversed where petitioner claimed an affirmative defense of "superior knowledge" because, when a court dismisses a government contractor's prima facie valid affirmative defense to allegations of contractual breach to protect state secrets, the proper remedy is to leave the parties where they were on the day they filed suit. SPONSOR Feedback We value your comments! 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