Commercial Contracts

  • April 01, 2024

    Mixed Ruling Readies Vegas Newspapers For Trial

    A Nevada federal judge has teed up the Las Vegas Review-Journal and the Las Vegas Sun for a contentious trial with a decision nixing Review-Journal antitrust counterclaims, preserving core Sun antitrust claims and holding the Review-Journal to an agreement to distribute the papers as a single product.

  • April 01, 2024

    Alien IP Suit Against New Age Video Co. Gaia Falls To Earth

    A Colorado federal judge has dismissed nearly all of a lawsuit from a UFO community influencer against yoga and New Age content website Gaia Inc., finding most of his claims were too vague.

  • April 01, 2024

    Chinese Investment Fund Looks To Enforce $4.4M Award

    A Chinese investment fund has asked a California federal court to enforce a $4.4 million arbitral award against a businessman, saying he reneged on his promise to acquire a stake in an energy management company and now won't appear before an arbitration tribunal.

  • April 01, 2024

    Nasdaq Sank Minority-Led SPAC's Tech Co. Merger, Suit Says

    The Nasdaq Stock Market along with in-house lawyers and other executives face claims they "arbitrarily and capriciously" abused their discretion to unfairly undermine a merger plan for a minority-led special purpose acquisition company seeking to bring a minority-led technology company onto the stock market.

  • April 01, 2024

    Investors Group Says New EB-5 Guidance Violates APA

    A trade association of EB-5 visa regional centers brought U.S. Citizenship and Immigration Services into D.C. federal court, accusing the agency of abruptly changing the minimum investment period for foreigner investors seeking green cards without soliciting public comments.

  • April 01, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's Court of Chancery saw a $42.5 million settlement, dismissal of two big suits with two more remanded back, and new cases from shareholders of Walt Disney, Donald Trump's Truth Social, Rivian Automotive and BarkBox.

  • April 01, 2024

    Sports Illustrated Hits 'Gangster' Ex-Publisher With IP Suit

    The owner of Sports Illustrated alleges in a $49 million lawsuit filed Monday in Manhattan federal court that an energy drink mogul acted like a "gangster" when he became the magazine's publisher, tearing apart a long-standing licensing agreement while sabotaging the brand and holding hostage valuable intellectual property.

  • April 01, 2024

    Conn. Condo Owners OK To Litigate Foundation Repair Claims

    The estates of two deceased homeowners can pursue contract claims against a condominium board in consolidated litigation targeting issues with the units' foundations, the Connecticut Supreme Court ruled Monday, finding the contract-based allegations in the complaints were timely filed.

  • April 01, 2024

    Trump's Truth Social Florida Suit Leaves Del. Judge 'Agog'

    A Florida lawsuit pitting Donald Trump's social media company against the two former "Apprentice" contestants who helped the former president create the Truth Social platform has flummoxed a Delaware Chancery judge, who said Monday the litigation left him "dumbfounded."

  • April 01, 2024

    BNSF Says Tribe Can't Claim $1.3B For Oil Train Trespassings

    BNSF Railway Co. has asserted a Washington tribe is not entitled to $1.3 billion for the shipping of crude oil across its reservation for nearly a decade, arguing the tribe wants to strip railroad profits from a 1,500-mile route when the illegal trespassing occurred across an easement less than a mile long.

  • April 01, 2024

    Philip Morris Loses Chancery Bid To Join Reynolds-ITG Suit

    Philip Morris' "inexcusable," years-long inaction doomed its request to intervene for a cut of millions of dollars in profit adjustments, headed toward a Chancery Court trial later this year, in a dispute between two other tobacco giants over how much each party owes under a settlement with Florida, a Delaware vice chancellor ruled Monday.

  • April 01, 2024

    Kirkland Atty Escapes Malpractice Suit Over Loan Docs

    A Kirkland & Ellis LLP attorney has secured an early win in a legal malpractice case alleging he botched an estate planning matter and lost his client millions in a later divorce, with a New Jersey federal court finding the client couldn't prove "proximate causation" of alleged damages in light of her subsequent divorce settlement.

  • April 01, 2024

    Clifford Chance Adds 2 Insurance, Antitrust Experts In NY

    Clifford Chance LLP has picked up two attorneys for its expanding insurance and antitrust groups, adding a specialist in private equity with more than 15 years of experience and a property and casualty loss expert.

  • April 01, 2024

    Aramark Accuses Aetna Of 'Gamesmanship' In Benefits Fight

    Aramark said Aetna sued it over an arbitration pact in Connecticut as a tactical response to Aramark's Texas suit claiming the insurer cost it millions by approving shoddy health benefit claims, and urged a federal judge to ship Aetna's suit to Texas as well.

  • April 01, 2024

    Canadian Trucking Co. Seeks US Bankruptcy Recognition

    Canadian truck dealers the Pride Group on Monday asked a Delaware judge for U.S. recognition of the Canadian insolvency proceedings it began in the face of a more than $90 million claim from Mitsubishi over an alleged loan default.

  • March 29, 2024

    Hogan Lovells Vet's High Court Debut A Study In Contrasts

    Several weeks ago, when a Hogan Lovells lawyer finally delivered U.S. Supreme Court arguments after 20 years at the firm, she parsed arcane arbitration issues and her words weren't widely heard outside the courtroom. But weeks later and back at the high court podium, her words were heard nationwide when she pointedly spotlighted a judge's use of "anonymous blog posts" in a bombshell abortion ruling.

  • March 29, 2024

    UTA's Atty Hit With $125M Suit Over 'Pathological Liar' Remark

    United Talent Agency's attorney has been accused of defaming MediaLink founder Michael Kassan by calling him a "pathological liar" in the press, according to a suit filed in Los Angeles County, the latest development in a fierce dispute that has seen UTA and Kassan accuse each other of fraud.

  • March 29, 2024

    BofA Unfairly Charges Fees For Others' Bad Checks, Suit Says

    Bank of America is the latest financial institution to face a class action alleging it wrongfully charged customers a fee when they deposited checks that then bounced.

  • March 29, 2024

    Weed Investors' Money Shift Cost Co. Millions, Suit Says

    A Michigan entrepreneur has hit his ex-partner with a $5 million lawsuit, accusing him of wrecking plans to buy a 10-acre marijuana grow facility near Ann Arbor by poaching the lead investors so he could fund his own Colorado cultivation.

  • March 29, 2024

    Dem Cites 'Secret' Report Against Ticketmaster 'Rebates'

    A major congressional critic of Live Nation Entertainment Inc. and Ticketmaster highlighted an expert report from a long-running lawsuit as further proof of the ticketing juggernauts' "rampant, corrupt and abusive practices," although assertions that the report was secret and only newly unearthed may be overblown.

  • March 29, 2024

    L3Harris Accuses Moog Of Delays In Subdeals Worth $77.9M

    L3Harris Technologies Inc. has hauled fellow defense contractor Moog Inc. into Florida federal court, alleging that Moog failed to timely deliver critical satellite parts under several subcontracts worth $77.9 million, despite the U.S. government requiring expedited delivery for national defense purposes.

  • March 29, 2024

    9th Circ. Critical Of Treasure Hunter's Insurance Appeal

    A Ninth Circuit panel expressed doubt Friday that a treasure hunter could get an insurer to pay him a $7.5 million settlement over a soured shipwreck salvaging expedition, suggesting his ex-partners' refusal to hand over vital maps was an intentional act to keep him from striking gold — not an accident covered by insurance.

  • March 29, 2024

    HJ Sims Honoring Books And Records Settlement, Court Told

    The daughter of a seven-decade employee of Herbert J. Sims & Co. Inc. has withdrawn a books and records suit against the investment bank and its owner, The Teksys Corp., telling a Connecticut state court that she is now satisfied that the defendants have abided by the terms of a November settlement.

  • March 29, 2024

    Nikola Says Convicted Ex-CEO Plotting Illegal Board Takeover

    Electric truck manufacturer Nikola Corp. sued its former CEO and convicted felon Trevor Milton in Arizona federal court Friday, accusing him of scheming with unqualified loyalists to regain control of the company by flouting securities laws, infringing Nikola's trademarks and breaching agreements.

  • March 29, 2024

    Lowe's Lies 'Destroyed' Vendor's Business, NC Suit Says

    A home accents company alleged that Lowe's sought to "destroy" it with "bogus" complaints about product quality and the business' financial health, costing it tens of millions of dollars while usurping its business model.

Expert Analysis

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Del. Dispatch: The 2023 Corporate Cases You Need To Know

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    Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.

  • Contract Disputes Recap: Termination and Accrual

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    Edward Arnold and Bret Marfut at Seyfarth Shaw examine three recent decisions that illustrate why contractors should consider, during the bidding process, impediments to their ability to meet contract requirements, and the need to track the accrual dates of individual claims that may arise during performance to avoid being time-barred.

  • The Year In FRAND: What To Know Heading Into 2024

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    In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • What DOD Commercial Product Rule Means For Contractors

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    A recent amendment to the Defense Federal Acquisition Regulation Supplement, along with forthcoming changes to the definition of what constitutes a subcontract, will offer some relief for commercial products and services contractors, but the U.S. Department of Defense should do more to reduce regulatory burdens, say Daniel Ramish and Jonathan Shaffer at Haynes Boone.

  • How Int'l Student-Athlete Law Would Change The NIL Game

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    Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.

  • A Former Bankruptcy Judge Talks 2023 High Court Rulings

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    In 2023, the U.S. Supreme Court issued four bankruptcy law opinions — an extraordinary number — and a close look at these cases signals that changes to the U.S. Bankruptcy Code will have to come from Congress, not the courts, says Phillip Shefferly at the University of Michigan Law School.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • 5 Steps For Healthcare Companies After Biden's AI Order

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    Rather than simply monitoring for the issuance of agency guidelines on artificial intelligence in the wake of President Joe Biden's October executive order, health and life sciences companies should take action now and begin building internal operational and technical infrastructures designed to govern the use of AI, says Joy Sharp at Faegre Drinker.

  • 7 Ways To Address Unknowns In Outsourcing Contracts

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    Amid rising business uncertainty, companies outsourcing critical functions should build flexibility into their contracts and adopt several contracting approaches to be prepared for a large range of unknown conditions, say Brad Peterson and Laura Buchanan at Mayer Brown.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • When Patients Have Standing For Hospital Antitrust Suits

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    Brown v. Hartford Healthcare Corp., recently decided by a Connecticut state court, provides a useful examination of how antitrust standing issues may be analyzed when patients directly sue a healthcare system for anti-competitive conduct, says Charles Honart at Stevens & Lee.

  • Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick

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    A Texas federal court’s recent ruling that Philadelphia Indemnity Co. did not fraudulently induce Megalomedia, the production company behind reality show “My 600-Lb. Life,” into purchasing insurance, demonstrates why a policyholder’s fraudulent inducement claim against an insurer will rarely succeed, says Robert Tugander at Rivkin Radler.

  • What 3rd Circ. Gets Wrong About Arbitration Enforcement

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    The Third Circuit and other courts should correct their current law, exemplified by the Third Circuit's recent decision in Henry v. Wilmington Trust, requiring a motion to dismiss based on an arbitration clause because it conflicts with the Federal Arbitration Act, the Federal Rules of Civil Procedure, and — with regard to the improper-venue approach — U.S. Supreme Court precedent, says David Cinotti at Pashman Stein.

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