Commercial Contracts

  • April 09, 2024

    Tribal Co. Says Calif. DA Shouldn't Escape Greenhouse Fight

    A Native American-owned corporation is asking a California federal court not to throw out its suit aiming to block the San Bernardino District Attorney's Office from destroying its greenhouses, saying federal abstention isn't proper because the state proceeding the DA references is against a different party.

  • April 08, 2024

    Gamers Can't Block Microsoft From 'Dismantling' Activison

    A California federal judge on Monday refused to block Microsoft from further integrating Activision Blizzard into its business after it acquired the gaming titan last year, saying the gamers who are still challenging the union between the companies have a similar motion pending before the Ninth Circuit.

  • April 08, 2024

    Allstate Sues Ex-Agent For Post-Litigation 'Smear Campaign'

    Allstate Insurance Co. has alleged in Colorado federal court that a former independent contractor it previously sued for allegedly stealing trade secrets has since launched an online "smear campaign" to spread false claims that the company is selling its customers' sensitive personal data to criminals and that it flouted a court order in the earlier suit by posting confidential deposition excerpts.

  • April 08, 2024

    ACC Can Keep ESPN Deal Under Wraps In FSU Suit

    A North Carolina Business Court judge has allowed the Atlantic Coast Conference to file some contract terms under seal in its fight over whether Florida State University can leave the conference without facing a hefty fine, reasoning that such terms have been considered sealable trade secrets by state courts.

  • April 08, 2024

    Consumers Fight Amazon's E-Book Appeal Ask

    Amazon shouldn't get to go to the Second Circuit after a federal judge refused to toss a proposed class action accusing the e-commerce giant of monopolizing the e-book market, according to consumers who have urged that judge not to seek another opinion on whether they lack standing.

  • April 08, 2024

    Pepperidge Farm Distributor Can Keep Delivering Cookies

    Pepperidge Farms will have to keep using a distributor that is suing the cookie company for showing up with six moving vans on a Friday night to seize its inventory, after the California federal judge who handed down the preliminary injunction accused Pepperidge Farms of trying to "hijack" the distributorship.

  • April 08, 2024

    6th Circ. Upholds Partial Award In ESOP Liability Dispute

    The Sixth Circuit on Monday upheld a lower court's finding that an insurance firm was obligated to pay some costs spent defending a consulting firm's stock valuation work, based on a finding that costs weren't completely covered under the insurer's professional liability policy exclusion.

  • April 08, 2024

    Conn. Law Firm Demands Insurer Pay More For Leak In Office

    A Connecticut law firm and a real estate company have accused their insurer of failing to fully cover damage from a leak at their New Haven offices despite a $2.2 million policy in a suit removed to Connecticut federal court by the insurer.

  • April 08, 2024

    2nd Circ. OKs Turnover Order In HNA $185M Award Feud

    The Second Circuit on Monday affirmed an order forcing a subsidiary of Chinese conglomerate HNA Group to turn over its most valuable North American asset to an SL Green Realty Corp. affiliate owed about $185 million, following a dispute stemming from the affiliate's $148 million investment in a Manhattan skyscraper.

  • April 08, 2024

    Ex-NBA Player Sues BCBS Over 'Outrageous' Care Denial

    Former NBA player Rodney Rogers, who was paralyzed in 2008 after retiring, has accused Blue Cross and Blue Shield of North Carolina of exhibiting "outrageous" disregard for his medical needs by denying him life-saving in-home nursing assistance.

  • April 08, 2024

    Catching Up With Delaware's Chancery Court

    Last week, a much-watched Chancery Court Match.com decision got reversed, a Philip Morris motion got stubbed out, and a long-frozen Blue Bell Creameries suit started churning again. Delaware's Court of Chancery also saw new suits filed for legal fees, arguments over multibillion-dollar pay packages, and a judge flummoxed over Truth Social.

  • April 08, 2024

    Hotel Co. Comes Out On Top In Passover Fiasco Row 

    A bench trial over a "Passover celebration gone wrong" at a Pennsylvania hotel ended Friday largely in favor of the hotel operator, with $1,447.60 in contract damages for the caterer plaintiff offset by a $5,164.28 judgment in the hotel's favor for damages allegedly caused by guests who created plumbing issues.

  • April 08, 2024

    Jackson Hewitt Preparers Want First OK On $10.8M Deal

    Former Jackson Hewitt Inc. workers have reached a $10.8 million settlement with their former employer over claims the company's franchisees entered into an anti-competitive no-poach agreement despite the provision being removed from the company's franchise agreements, according to a Friday motion.

  • April 08, 2024

    Taxi Hailing Cos. Settle Hidden Fees RICO Claims

    Three taxi hailing companies have settled a proposed class action accusing them of conspiring to hit users who call for cabs using their tech products with hidden fees, according to a new order from the Eastern District of Pennsylvania dismissing the suit.

  • April 05, 2024

    Contractor Says Apartment Developer's Missteps Cost $8.5M

    A general contractor has filed an $8.5 million lawsuit in North Carolina's Business Court accusing a developer of misleading it about an apartment complex project's safeguards and failing to cover the resulting cost overruns and delays.

  • April 05, 2024

    Equatorial Guinea Says $8M Award Can't Be Enforced

    Equatorial Guinea is urging the D.C. Circuit to nix enforcement of an $8 million arbitral award issued to a Swiss company that was ousted from a hospital operating contract, saying a lower court should have looked closer at whether the dispute was adjudicated in the proper forum.

  • April 05, 2024

    Marriott Wants $5M Repair Work Bill Stayed Pending Appeal

    Marriott International asked a Colorado federal judge Friday to hold off on enforcing a $5 million judgment it was ordered to pay a construction company over mudslide repair work in Brazil while the hotel appeals the order, noting it has secured a surety bond with Liberty Mutual.

  • April 05, 2024

    Jolie Seeks Abuse Evidence, Pitt Rips 'Pure Pretext' Defense

    Actress Angelina Jolie has asked a California state judge to force her estranged husband, Brad Pitt, to produce evidence of his alleged "history of physical abuse" in litigation over her sale of their French vineyard, while Pitt has filed his own evidentiary motion arguing Jolie's defense argument is "pure pretext."

  • April 05, 2024

    BofA Objects To Allowing Zelle Fraud Claim To Proceed

    Bank of America took umbrage with certain recommendations a federal magistrate judge made in allowing to proceed a proposed class action over alleged fraud on the peer-to-peer payment service Zelle.

  • April 05, 2024

    Starbucks Tells Judge Union Dealings Aren't 'Mission Critical'

    Starbucks denied Friday that complying with federal labor law was "mission critical" to its business as it urged a Washington state judge to dismiss a shareholder suit accusing company leaders of union busting, which they say tanked Starbucks' reputation.

  • April 05, 2024

    Texas Appeals Court Reverses IT Consulting Worker Spat

    A Texas appeals court revived a suit brought by an information technology consulting company against its former worker, ruling that the company had shown enough evidence to go forward with the case and the trial court abused its discretion in granting a no-evidence summary judgment motion.

  • April 05, 2024

    DC Circ. Says DOJ Can Reopen Realtor Antitrust Probe

    The D.C. Circuit said on Friday that the U.S. Department of Justice can reopen an antitrust investigation into the National Association of Realtors, despite an earlier agency settlement over the association's rules.

  • April 05, 2024

    Virgin Galactic Sues Boeing Over 'Shoddy' $45M Aircraft Work

    Virgin Galactic has hit Boeing with a breach-of-contract suit in California federal court, alleging the aerospace giant failed to deliver a new $45 million "mothership" carrier aircraft due to its alleged "shoddy and incomplete" work and that Boeing has since wrongfully sued in Virginia seeking to claw back intellectual property licenses. 

  • April 05, 2024

    WebMD Unit Drops Suit Against Ex-Execs Tied To $7M Dispute

    A subsidiary of WebMD Health Corp. has dropped a federal lawsuit accusing a former executive of hiring an ex-chief product and technology officer to work at his new company in order to gain an advantage in an arbitration proceeding with about $7 million on the line.

  • April 05, 2024

    Fed. Circ. Upholds Australian Steel Import Pricing

    A Federal Circuit panel has backed the U.S. Department of Commerce and a trade court's assessment of the prices an Australian steel company charged its U.S. customer, holding that the companies provided enough of a paper trail to explain their relationship.

Expert Analysis

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Key Maritime Law Issues In 2024: Environmental Challenges

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    In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • How Biotech Deals May Help Competition, Despite FTC View

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    The Federal Trade Commission's complaint against Sanofi's proposed partnership with Maze Therapeutics highlights increasing skepticism of so-called killer acquisitions, but a closer look reveals potentially legitimate reasons behind why entities might decide to delay or abandon the development of acquired products, say consultants at Analysis Group.

  • Key Maritime Law Issues In 2024: Geopolitics And Sanctions

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    Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Black-Led VC Fund Case Could Hinge On Nature Of Grants

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    Organizations whose missions involve any manner of race-conscious funding should closely monitor arguments this week in American Alliance v. Fearless Fund, a case filed against a grant program that seeks to address the gap in venture capital funding for Black women-led businesses, which will examine whether grants are charitable under Civil Rights Act Section 1981 liability, say Kali Schellenberg and John Stapleton at LeVan Stapleton, and Kenneth Trujillo at Chamberlain Hrdlicka.

  • Unraveling The Bundled Benefits Of Retail Memberships

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    The recent prevalence of paid retail memberships and the associated findings of a consumer survey suggest that assessing consumer preferences and welfare may be important when considering resolution mechanisms in antitrust contexts, say Rosa M. Abrantes-Metz at Berkeley Research Group, Mame Maloney at The Brattle Group and Jeff Brazell at the University of Utah.

  • Ill. Insurance Ruling Helps Developers, Community Orgs. Alike

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    The Illinois Supreme Court's decision in Acuity v. M/I Homes of Chicago, holding that commercial general liability policy exceptions did not prevent coverage for damage caused by faulty workmanship, will bring more potential insurance coverage for real estate developers and, in turn, larger payouts when community organizations sue them, say Howard Dakoff and Suzanne Karbarz Rovner at Levenfeld Pearlstein.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • OCC Guidance May Lead Off 'Buy Now, Pay Later' Regulations

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    The Office of the Comptroller of the Currency's bulletin released last month to assist national and federal savings banks with managing the risks posed by "buy now, pay later" lending may be the start of increased state legislation or guidance specifically aimed at regulating such loans, say Susan Seaman and Jacob Huston at Husch Blackwell.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

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