Commercial Contracts

  • June 18, 2024

    DOJ Says DC Circ. Shouldn't Rethink Realtor Antitrust Probe

    The U.S. Department of Justice has told the D.C. Circuit that its April decision allowing it to reopen an investigation into the National Association of Realtors doesn't conflict with any U.S. Supreme Court or circuit court decisions and that the NAR's rehearing petition should be denied.

  • June 18, 2024

    Korean Airline Can't Get $50M Catering Award Nixed

    A California judge has enforced a $50 million arbitral award issued to a catering company following a dispute with South Korea's Asiana Airlines, rejecting an argument that the award couldn't be enforced because the underlying contract was tainted by corruption.

  • June 18, 2024

    Nuggets Accused Of Racial Profiling Over Front-Row Seat

    A fan who says that employees of the Denver Nuggets racially profiled him at a game in December, in a confrontation he recorded and posted on social media, is suing the NBA franchise, its arena and owner Stan Kroenke for discrimination.

  • June 18, 2024

    High Bidder Insists Auctioneers Turn Over Potential Van Gogh

    The highest bidder in an auction for a painting that might be a previously unknown work by Dutch master Vincent van Gogh is entitled to summary judgment for breach of contract against auction houses that have refused to turn it over to her, she said in a new filing in her state court lawsuit.

  • June 18, 2024

    Tilray, Anheuser-Busch Want Out Of Beer Contract Suit

    Anheuser-Busch InBev and Tilray Brands Inc. are asking a New York federal judge to schedule a pre-motion conference to discuss their proposed motions to dismiss a suit by CraftCanTravel LLC alleging they interfered with its exclusive distribution deal, arguing the claims are baseless and speculative.

  • June 17, 2024

    Trader Claims Firm Owes Bonus On $37M Texas Storm Profits

    A trader told a Denver jury Monday that a Colorado energy marketing company fired him as retaliation after he accused the CEO of failing to pay out his cut of $37 million from trades made during a 2021 Texas storm that caused natural gas prices to spike.

  • June 17, 2024

    'What Am I Supposed To Do?': Epic-Apple Doc Row Irks Judge

    A California federal judge presiding over Epic Games' high-stakes antitrust compliance fight against Apple expressed frustration Monday with the parties' disagreement over the scope of Apple's document production, asking counsel repeatedly "What am I supposed to do?" and "Do I need to get somebody on the stand to explain this?"

  • June 17, 2024

    Startup Wants To Add More Than $200M To Boeing IP Verdict

    Zunum Aero Inc. is urging a Washington federal judge to significantly boost a $72 million jury verdict against the Boeing Co. for misappropriating the electric jet startup's trade secrets, including adding $162.5 million in exemplary damages and nearly $52 million in legal costs and interest.

  • June 17, 2024

    NJ Firm Defends Lien On Ex-Client's Patents After Unpaid Bills

    A major New Jersey law firm said it has a "common law" right to place a lien on its former client's patents without telling it, after the "failed" biopharmaceutical startup fired the firm and stopped paying its outstanding legal bills.

  • June 17, 2024

    Bitcoin Mining Hosting Vendor Can't Dodge $6.4M Suit

    A Washington federal judge told a crypto computer host that it must face a suit from a bitcoin mining company accusing it of failing to return equipment worth $6.4 million, finding the hosting agreement allowed the mining company to demand access to all the equipment if the host failed to meet its obligations.

  • June 17, 2024

    Teamsters Plan Says Health Network Has Monopoly In Conn.

    A Teamsters healthcare benefits plan and a Connecticut public transit provider have sued the healthcare network Hartford Healthcare Corp., accusing it of having a monopoly over healthcare in a half-dozen regions of the state.

  • June 17, 2024

    Mich. Judge Unsure If Town's Pot Co. Shutdown Broke Lease

    A commercial landlord will have to go to trial on claims of unpaid rent against a combination medical marijuana grow and sign-making company, a Michigan state judge ruled, saying a jury must decide if the local government's decision to force the cannabis shop out voids the lease.

  • June 17, 2024

    Dutch Insurer Says Record Clear To Affirm $160M Arbitration

    A Dutch insurer is pushing a North Carolina federal judge to confirm a €150 million (roughly $160 million) arbitration award against insurance mogul Greg Lindberg and his companies, citing a recent order in which the court acknowledged the award as binding.

  • June 17, 2024

    Drugmaker, PE Investor Sued In Del. Over 'Unfair' Deal Terms

    Clinical-stage biotechnology firm Omega Therapeutics' board entered into an "unfair" agreement to develop a new drug with the company's controlling private equity stockholder that was heavily tilted in favor of the majority equity holder and Omega insiders, an investor alleged in a lawsuit in Delaware's Chancery Court.

  • June 17, 2024

    Exxon Investor Deal Ends Suit Over Emissions Proposal

    Activist investor Arjuna Capital has escaped Exxon Mobil Corp.'s lawsuit over a contentious greenhouse gas-related shareholder proposal the investor sought to include in the company's 2024 proxy statement after a Texas federal judge on Monday accepted the investor's promises not to resubmit the proposal.

  • June 17, 2024

    Chrysler MDL Class Can Fix 'Puzzling' State Claim Skip

    A Michigan federal judge has said he will give a class of drivers alleging Chrysler minivans have a defect that causes their batteries to explode unexpectedly an opportunity to fix their "puzzling" choice not to plead state-by-state claims in the first master complaint of the sprawling multidistrict litigation.

  • June 17, 2024

    No Coverage For Family Shareholder Row, 2nd Circ. Affirms

    A Liberty Mutual unit had no duty to defend Paraco Gas Corp. and two of its executives in a family shareholder dispute, the Second Circuit affirmed Monday, finding that all claims in the underlying suit fell within the policy's contract exclusion.

  • June 17, 2024

    Bookstores Appeal Denied Bid To Join FTC's Amazon Case

    A trade association for bookstores is appealing to the Ninth Circuit after a lower court refused its request to intervene in the Federal Trade Commission's antitrust suit against Amazon that raises concerns about the e-commerce giant's sale of books and contracts with publishers.

  • June 17, 2024

    Foreign Investors Sue Over Lost $7.7M NYC Mall Investment

    Fourteen foreign investors who lost the entirety of their $7.7 million investment in a New York City shopping mall project filed suit against two lenders, a developer and the manager of an EB-5 lender in New York federal court, saying they are owed damages.

  • June 17, 2024

    Huawei Slams Netgear's 'Tenuous' RICO Case

    Huawei has responded to a racketeering and antitrust case from a major U.S. maker of Wi-Fi routers by calling it "rife with tenuous legal and factual claims" and comparing its reworking of patent infringement allegations to the U.S. Federal Trade Commission's failed antitrust case against Qualcomm.

  • June 17, 2024

    Boeing, Virgin Can't Agree To Injunction's Scope In IP Row

    Boeing and Virgin Galactic have clashed over whether Virgin can share information with outside contractors gleaned as part of a failed aircraft development contract, as Boeing's suit accusing Virgin of breaching the deal and misappropriating trade secrets moves forward in Virginia federal court.

  • June 17, 2024

    L3Harris Rips Moog's Counterclaims In $78M Contract Suit

    L3Harris Technologies Inc. urged a Florida federal court Friday to throw out breach of contract counterclaims from fellow defense contractor Moog Inc., which it has accused of failing to timely deliver critical satellite parts under several subcontracts worth $77.9 million.

  • June 17, 2024

    Split Mass. Top Court Backs Strict View Of Prompt Pay Law

    The top appeals court in Massachusetts said in a divided opinion Monday that contractors must pay overdue invoices before disputing claims under the state's prompt pay law, with two dissenting judges criticizing the majority for trying to rewrite the law "by judicial fiat."

  • June 17, 2024

    Hertz Warrant Holder Sues In Chancery For Contract Breach

    Two investment affiliates of Discovery Capital Management LP have sued Hertz Global Holdings Inc. in Delaware's Court of Chancery, alleging willful failure to redeem warrants issued in 2021 as part of the company's Chapter 11 and demanding at least $187 million plus interest.

  • June 17, 2024

    McDonald's Nears Fee Win For Beating $100M Fraud Suit

    A California state judge has tentatively granted McDonald's request for over $231,000 in fees after winning an anti-SLAPP victory against Byron Allen's suit claiming that it fraudulently pledged to increase spending on Black-owned media, but the judge asked the restaurant Monday to submit a proposed judgment to account for its work in filing the fee request.

Expert Analysis

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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    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

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    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

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    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

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    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.

  • What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.

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    A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.

  • Assessing 2 Years Of High Court's Arbitration Waiver Ruling

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    In the two years since the U.S. Supreme Court's decision in Morgan v. Sundance, clarifying that no special rules apply to waiver of arbitration provisions, the ruling has had immediate ramifications in federal courts, but it may take some time for the effects to be felt on other federal issues and in state courts, say attorneys at Norton Rose.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

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