Commercial Contracts

  • June 25, 2024

    Wash. Contractor, Insurer Resolve Redress Cost Dispute

    A Washington federal court tossed a dispute between a mechanical contractor and its insurer over coverage for about $355,500 in "redress expenses" the contractor claims it incurred while working on a surgical center remodeling project to prevent future claims lodged against it.

  • June 25, 2024

    Firm Fights NC High Court Review Of Fight With Fla. Clients

    Wilson Ratledge PLLC urged the North Carolina Supreme Court to reject a petition by two Florida-based companies to duck a breach of contract suit by the Raleigh-based law firm, arguing that the trial court correctly found there are enough significant contacts with the state to haul the two companies into North Carolina court.

  • June 25, 2024

    Hedge Fund Exec Avoids Prison After Forex-Rigging Trial

    The founder of U.K.-based Glen Point Capital on Tuesday was spared prison time following his conviction at trial for unlawfully manipulating the foreign exchange market in order to secure a $20 million payout for the hedge fund.

  • June 25, 2024

    American Airlines Can't Move Frequent Flyers' Suit To Texas

    American Airlines lost its bid to transfer to Texas a proposed class action alleging it improperly terminated frequent flyer accounts and erased accrued airline miles, as a California federal judge ruled Monday the airline hadn't shown convenience and justice required moving it from the Golden State.

  • June 25, 2024

    USA Swimming's Suit Against Watchdog Can Continue

    A nonprofit watchdog cannot escape possible financial ramifications related to a botched investigation into false sexual misconduct accusations, after a Colorado state judge ruled it must face an indemnification lawsuit brought by USA Swimming after the accused boy's mother sued the organization.  

  • June 25, 2024

    Lye Buyers Can't Get Court OK For $38.5M Antitrust Deals

    A federal judge in Buffalo has rejected three settlements totaling $38.5 million for a proposed class of lye purchasers who alleged producers of the chemical colluded to inflate prices, ruling exceptions to who qualifies for the class make it impossible to determine membership.

  • June 25, 2024

    Conn. Atty Agrees To 10-Day Suspension For Unexplained Fee

    A Connecticut attorney accused of charging an unreasonable fee and failing to communicate with a former client following an underlying vehicle buyback negotiation has agreed to a 10-day suspension and three hours of legal ethics-focused continuing education courses.

  • June 24, 2024

    Alleged Contract Killing Sparks Delaware Chancery Lawsuit

    Los Angeles biotech firm Renovaro Inc. has sued a former, purported scientific adviser and his husband in Delaware's Court of Chancery for damages tied to an assortment of fraudulent schemes allegedly shielded in part by a contract killing linked to a separate alleged international oil trading scam.

  • June 24, 2024

    Pet Toy Maker Says It Never Inked Parent Co. Licensing Deal

    Pet toy maker Kong has told a Colorado federal judge that it never gave a parent company permission to use its trademark for a line of large animal toys, claiming in motions that the company used the Kong brand anyway and deleted social media accounts with evidence of the infringement.

  • June 24, 2024

    K-Pop Stars Cited As Judge Awards $171M In Rail Fraud Fight

    A Pennsylvania federal judge has awarded over $171 million to Eddystone Rail after finding Bridger Logistics affiliates liable for fraudulent asset transfers under a rail services agreement, citing the South Korean boy band BTS in his decision writing the defendants made 'Bad Decisions" and it's time they "Make It Right."

  • June 24, 2024

    Architect Wants Roofer's Claim Nixed Over $17.6M School Fires

    Connecticut architectural firm Silver Petrucelli & Associates Inc. asked a state judge on Monday to strike a cross-claim by a builder it accused of impermissably using blowtorches to attach flashing to a school roof, setting fires in December 2021 and July 2022 that caused an alleged $17.6 million in damage.

  • June 24, 2024

    Teamsters Fund Must Face Pension Conversion Suit

    A West Coast-based Teamsters pension fund must keep facing claims that it shortchanged married retirees by using outdated data to convert their benefits from single-life annuity form, with a Washington federal judge deeming the suit strong enough to beat the fund's dismissal motion.

  • June 24, 2024

    Judge Recommends Tossing VW Supplier's Antitrust Case

    A magistrate judge has recommended that a Texas federal court toss a suit accusing Volkswagen of maintaining an illegal stranglehold over its suppliers after the Fifth Circuit told the court to consider if the dispute should be litigated in Germany instead of the U.S.

  • June 24, 2024

    NC Life Insurer Slaps Ex-Agents With Poaching Suit

    North Carolina-based life insurance company Equis Financial LLC accused nine former independent contractors who sold policies for the insurer of breaching their employment agreements when they left to work for a rival insurance marketing company.

  • June 24, 2024

    Sirius XM Made Millions Off Hidden Royalty Fee, Suit Alleges

    Sirius XM Radio Inc. has been tricking customers into paying an extra 21% every month by tacking a hidden "royalty fee" onto bills, according to a new proposed class action alleging that the fee is responsible for every bit of the company's profits for the last several years.

  • June 24, 2024

    DC Circ. Backs Gov't Contractor Win In Fight With Ex-Worker

    The D.C. Circuit has backed a ruling that a former senior technical manager for government contractor Apprio Inc. breached a proprietary information agreement giving the rights of certain software he created over to the company.

  • June 24, 2024

    Suit Over Medical Screws Filed Too Late, Texas Panel Finds

    A Texas appeals court won't revive a woman's suit against BioPro Inc. alleging that surgical screws used in her feet were defective, saying the evidence establishes that she filed her suit after the two-year statute of limitations had expired.

  • June 24, 2024

    Jurisdictional Discovery Ordered In NJ COVID Test Fraud Suit

    A New Jersey federal court has denied without prejudice a dismissal bid and ordered "tightly-targeted and prompt jurisdictional discovery" in a Garden State medical supply business' complaint accusing a Texas attorney and his solo practice of aiding in an alleged $2.45 million fraud scheme involving COVID-19 test kits that were never delivered.

  • June 24, 2024

    Research Co. Seeks Sanctions On Proud Boys Atty In IP Suit

    A Texas research firm pursuing copyright infringement claims against a group of defense attorneys who represented members of the Proud Boys wants one of the lawyers sanctioned for filing "a frivolous and groundless counterclaim" in the D.C. federal court litigation.

  • June 24, 2024

    Catching Up With Delaware's Chancery Court

    Amendments to Delaware's General Corporation Law topped the news out of the Court of Chancery again last week, as the hotly contested measure sailed through the state's legislature. Tesla and its shareholders continued their tug-of-war over attorney fees for Chancery litigation about Elon Musk's pay package, and new cases were filed involving biotechs, car rental companies, workout platforms, telecom towers, and a cargo ship fire in Brazil.

  • June 24, 2024

    Landlord Says Insurer Botched Coverage For $1M State Deal

    A Colorado landlord is accusing an insurance broker and carrier of secretly adding an endorsement to its policy to bar coverage for a $1 million settlement the landlord entered into to resolve a state investigation over alleged misuse of tenant funds.

  • June 24, 2024

    Insurer Says Paralympic Org Not Covered In Sex Abuse Row

    The U.S. Olympic & Paralympic Committee should have no coverage in a lawsuit accusing it of negligence after a Paralympic swimmer said he was sexually abused by a teammate, an insurer for the committee told a Colorado federal court, citing an "absolute abuse or molestation" exclusion. 

  • June 24, 2024

    Construction Super Says Name Was Secretly Used On Permits

    A unit of construction engineering firm Structural Group Inc. improperly used the name of a licensed construction supervisor on at least half a dozen Massachusetts projects in which he was not involved, according to a lawsuit filed Monday in Norfolk County Superior Court.

  • June 21, 2024

    Insurer Targets Ex-Employee Over $47M Plant Financing Claim

    British insurance company Beazley has targeted a former employee in Florida federal court, accusing the former underwriter of exposing it to a $47 million arbitration claim in Brazil after he improperly inked a deal with a reinsurer as part of an ill-fated financing pact for a thermoelectric plant.

  • June 21, 2024

    Financial Advice Guru Says Timeshare Suit Must Be Arbitrated

    A famous financial advice guru and his company have urged a Washington federal court to pause a proposed timeshare exit fraud class action and send it into arbitration, arguing that several of the named plaintiffs signed related agreements that include arbitration clauses.

Expert Analysis

  • Abu Dhabi Ruling Hints At More Arbitration-Friendly Approach

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    The international and comparative rationale an Abu Dhabi onshore court used to decide that an arbitration agreement referencing a defunct arbitration center was still enforceable suggests that the UAE judiciary may be adopting a more flexible, pro-arbitration framework and stabilizing Dubai's arbitration landscape, say attorneys at Reed Smith.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • DC Circ. Ruling Heightens HHS Contract Pharmacy Challenges

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    The D.C. Circuit's recent ruling that the Section 340B program does not bar manufacturers from restricting deliveries of discounted drugs to contract pharmacies represents a second strike against the U.S. Department of Health and Human Services' current contract pharmacy policy and raises the stakes surrounding an upcoming Seventh Circuit ruling on the same issue, say attorneys at Foley Hoag.

  • Trending At The PTAB: Real Party In Interest And IPR

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    The Patent Trial and Appeal Board’s recent Luminex v. Signify decision, finding a complaint seeking indemnification may be treated as a public demand sufficient to establish a real party-in-interest, shows that the board continues to apply a broad and expansive definition to that term, say Yicong (Eve) Du and Yieyie Yang at Finnegan.

  • How Employers, Attorneys Can Respond To Noncompete Ban

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    As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • CFPB's Expanding Scope Evident In Coding Bootcamp Fine

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    The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.

  • 4 Arbitration Takeaways From High Court Coinbase Ruling

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    The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • The Effects Of New 10-Year Limitation On Key Sanctions Laws

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    Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.

  • Supply Chain Considerations For Companies Deploying AI

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    Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.

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