Try our Advanced Search for more refined results
Commercial Contracts
-
July 11, 2024
Panel Says Kansas BCBS Unit Can't Face Rehab Suit In Colo.
A Kansas Blue Cross Blue Shield unit can't be sued in Colorado for terminating the coverage of a patient who was receiving treatment for an autoimmune syndrome, a state appellate panel ruled Thursday.
-
July 11, 2024
Allstate Must Face Deflated Payments Suit, Judge Rules
Allstate cannot escape a proposed class action accusing the insurer of wrongfully depreciating labor costs as part of actual cash value payments to insureds for property damage, an Arizona federal judge ruled, finding that the named plaintiff didn't lack standing and that her claims weren't time-barred.
-
July 11, 2024
Cigna Objects To Ch. 11 Nursing Home Asset Sale Proposal
Cigna Health and Life Insurance Co. asked a Pennsylvania bankruptcy judge to reject a sale process proposed by some of the debtors in a Pittsburgh-area nursing home network's consolidated Chapter 11 case, saying it gave the debtors too much leeway to change what contracts they will maintain.
-
July 11, 2024
IP Forecast: Napa Winery's Ex-Atty Wants Another Trial
A Texas lawyer plans to tell an appeals court why he should receive another trial in a trademark case from a Napa Valley winery, a former client that he claims sold off a "wildly successful California cult wine" out from under him.
-
July 11, 2024
Judge Won't Dismiss Cannabis Extraction IP Dispute
Subsidiaries of Canadian cannabis company Halo Collective Inc. can't escape patent infringement claims by a Colorado-based firm specializing in developing techniques for extracting hemp oil, a California federal judge has ruled, rejecting a slew of motions seeking summary judgment.
-
July 11, 2024
Accounting Firm Contests Blame For Client's $2M Tax Bill
An accounting firm maintains it had no duty to inform an online flower bulb retailer about a major change in tax law stemming from the U.S. Supreme Court's 2018 Wayfair decision, telling the North Carolina Business Court that advising on such topics wasn't within the scope of its duties.
-
July 11, 2024
Signify, Merger Partner Clash In Chancery Over $50M Earnout
An attorney for former Caravan Health Inc. stockholder representatives told a Delaware vice chancellor on Thursday that acquirer Signify Health Inc. sabotaged Caravan's business in order to scuttle an obligation to add as much as $50 million in performance-based "earnouts" to the $250 million merger price.
-
July 11, 2024
Pa. Condo Owner Group Takes Inner-Tower Conflict To Court
The residents association of a downtown Pittsburgh condo building sued the building's commercial association in state court, alleging they have been improperly denied access to commercial sections of the building needed to complete HVAC repair work.
-
July 11, 2024
Staffing Claim Against Kaiser Will Go To Trial, Judge Says
A United Food and Commercial Workers local can continue litigating its claim that Kaiser Permanente affiliates violated provisions in labor contracts guaranteeing adequate staffing, a Colorado federal judge ruled, saying there are outstanding issues to be resolved at trial.
-
July 11, 2024
$435M Yale Hospital Merger Case Set For December Jury Trial
A lawsuit claiming that Yale New Haven Health Corp. is trying to back out of a $435 million deal to buy three Connecticut hospitals will go to a bench trial in December after a state court judge approved the parties' proposed schedule.
-
July 11, 2024
Kioti Info Must Be Public In $7.7M Fraud Suit, Court Told
A financial services business is pushing the North Carolina Business Court to reject an attempt by the parent company of Kioti to seal away financial records, arguing that the company hasn't shown a need for secrecy that overcomes the court's preference to keep information public.
-
July 11, 2024
Clemson Can't Toss ACC's Media Rights Suit From NC Court
Clemson University has come up short in its attempt to end the Atlantic Coast Conference's suit over media rights and conference exit fees after a North Carolina state judge ruled that as an ACC member, the university had given conference leaders the right to sue in the state.
-
July 11, 2024
Chancery Fast-Tracks Blue Cross Data Co. Suit, Denies TRO
An independent licensee of Blue Cross Blue Shield Association that accused a customer of sharing confidential data with industry competitor Cigna Corp. got its Delaware Chancery Court lawsuit fast-tracked Thursday but failed to get immediate injunctive relief because the harms it alleged were too "speculative."
-
July 11, 2024
Top Atty At Army Center Of Military History Joins Shook Hardy
The former chief counsel for the U.S. Army Center of Military History has joined Shook Hardy & Bacon LLP as co-chair of the firm's growing art law practice, the firm announced Thursday.
-
July 11, 2024
Bally Sports Parent Axes TV Deal With NHL's Dallas Stars
A Texas bankruptcy judge on Thursday approved a request by Bally Sports parent company Diamond Sports Group to reject a broadcast agreement with the NHL's Dallas Stars, the latest professional team to part ways with DSG.
-
July 10, 2024
Nasdaq Says It's Immune To SPAC's 'Racial Animus' Claims
The Nasdaq Stock Market has asked a Brooklyn federal judge to toss claims it "arbitrarily and capriciously" derailed a minority-led special purpose acquisition company's plans, arguing in a Wednesday filing that it's immune to such claims as a self-regulatory organization.
-
July 10, 2024
Medical Imaging Co. Looking To Vacate 'Tainted' Award
A New York federal court has unsealed medical imaging company Molecular Dynamics Ltd.'s still-pending 2022 petition seeking to vacate an allegedly fraudulent arbitral award favoring its former partner in a project to develop cameras in the field of nuclear medicine, revealing more information about the dispute.
-
July 10, 2024
Chiquita Says Ecuador Banana Co. Prez Must Be Jailed
Chiquita Brands International asked a Florida federal court Wednesday to issue an arrest warrant for the president of an Ecuadorian banana exporter that has ignored court orders requiring the exporter to hand over financial information needed to execute a $6.9 million international arbitral award to Chiquita.
-
July 10, 2024
Airgun Co. Drops Counterclaim Against Swedish Supplier
An American airgun seller has dropped its counterclaim alleging in the North Carolina Business Court that its Swedish supplier sabotaged a business relationship as part of a deal to end a court battle between the two former partners.
-
July 10, 2024
Cheech And Chong's Co. Hits Colo. Cannabis Cos. With IP Suit
Cheech and Chong's Cannabis Co. has filed an infringement lawsuit against a Colorado entrepreneur, accusing him of using the comedy duo's likeness after being explicitly warned not to, according to a lawsuit filed in Colorado state court.
-
July 10, 2024
Ex-CEO Of Mogul-Tied Co. Fired For Failures, Fraud Suit Says
A European IT company tied to convicted mogul Greg Lindberg struck back against a lawsuit by its former CEO who alleges he was fired abruptly, accusing the former executive of shirking his leadership duties in a counterclaim.
-
July 10, 2024
Utility Locating Co.'s Ex-CEO Sues For Severance After Firing
The former CEO of a utility locating company in North Carolina is suing for severance after he was unexpectedly fired, saying he was never told the grounds for his termination and should be paid his base salary plus a bonus under the terms of his employment contract.
-
July 10, 2024
Thoma Bravo's Qualtrics Bid Fell Short, SAP Tells Chancery
Thoma Bravo LP may have offered $1.2 billion more than Silver Lake Management to buy Qualtrics International Inc. from software company SAP SE in 2023, but other aspects of the bid were less attractive than Silver Lake's $12.5 billion offer, an attorney for SAP directors told Delaware's Court of Chancery on Wednesday.
-
July 10, 2024
NJ Justices OK Class Waivers Sans Arbitration Mandates
Class action waivers don't require a mandatory arbitration provision to be enforceable, the New Jersey Supreme Court ruled Wednesday, while also warning that waivers deemed unconscionable for other reasons may be invalidated.
-
July 10, 2024
Insurer Must Face Claims In Penile Implant Coverage Suit
An insurer can't escape a suit brought by a urologist and his practice seeking coverage for a proposed class action over a penile enlargement implant and procedure, a California federal court ruled Wednesday, saying it's too early to conclude that the underlying action doesn't assert potentially covered claims.
Expert Analysis
-
Flexibility Is Key In Hybrid Capital Investment Strategies
Flexible or hybrid capital funds have become a solution for some owners adverse to private debt or requiring short-term capital support not otherwise available in the market, but the complexity and possible range of structures available means that principals need to consider how they may work in different scenarios and outcomes, says Daniel Mathias at Cohen Gresser.
-
Contract Negotiation Prep Checklist For In-House Ad Lawyers
Barriers for in-house lawyers and procurement professionals persist in media and ad tech contract negotiations — but a pre-negotiation checklist can help counsel navigate nuances and other industry issues that need to be considered before landing a deal, including supplier services, business use cases and data retrieval, says Keri Bruce at Reed Smith.
-
Calif. Ruling Shows Limits Of Exculpatory Lease Clauses
A California court's recent decision in Epochal Enterprises v. LF Encinitas Properties, finding a landlord liable for failing to disclose the presence of asbestos on the subject property, underscores the limits of exculpatory clauses' ability to safeguard landlords from liability where known hazards are present, say Fawaz Bham and Javier De Luna at Hunton.
-
Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
-
Negotiating Milestones In Pharma Licenses Requires Care
For life sciences companies, understanding the unique issues that arise in licensing agreements' milestone payment provisions can increase the likelihood and amount of payments received by the licensor and ensure payments are carefully and closely tied to events that truly drive value for the licensee, say Edward Angelini at Amneal Pharmaceutical and Lori Waldron at Sills Cummis.
-
Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
-
Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
-
Independent Regulator Could Chip Away At FIFA Autonomy
After the U.K.'s recent proposal for an independent football regulator, FIFA's commitment to safeguarding football association autonomy remains unwavering, despite a history of complexities arising from controversies in the bidding and hosting of major tournaments, say Yasin Patel at Church Court Chambers and Caitlin Haberlin-Chambers at SLAM Global.
-
Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
-
Examining The Arbitration Clause Landscape Amid Risks
Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.
-
10 Areas To Watch In Aerospace And Defense Contracting Law
The near future holds a number of key areas to watch in aerospace and defense contracting law, ranging from dramatic developments in the space industry to recent National Defense Authorization Act updates, which are focused on U.S. leadership in emerging technologies, say Joseph Berger and Chip Purcell at Thompson Hine.
-
Meta Data Scraping Case Has Lessons For Platforms, AI Cos.
The California federal court ruling that artificial intelligence company Bright Data's scraping of public data from Meta social media sites does not constitute a breach of contract signals that platforms should review their terms of service and AI companies could face broad implications for their training of algorithms, say attorneys at Arnold & Porter.
-
Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
-
Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
-
Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.