Commercial Contracts

  • March 14, 2025

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen J.P. Morgan face action by the founder of Viva Wallet in an ongoing feud over the company's takeover, retailer Next Group contest a claim by the home ware brand owned by private members' club Soho House, and the venue of the Wimbledon Championships sue a local group opposed to its plans to build new tennis courts on protected land in Wimbledon Park.

  • March 13, 2025

    Springer Nature Planning 'Bait-And-Switch,' Court Hears

    Independent scientific journal publisher Pleiades Publishing is urging a New York federal court to bar Springer Nature from trying to use a "bait-and-switch" tactic with customers allegedly aimed at undermining Pleiades' reputation while the two companies arbitrate a dispute over a soured distribution deal.

  • March 13, 2025

    Public Broadcasting Sues FEMA Over Emergency Alert Funds

    The nonprofit responsible for providing funding to more than 1,500 U.S. public radio and television stations filed suit Thursday in D.C. federal court, accusing the Federal Emergency Management Agency of placing an unlawful hold on $40 million in grant funds meant to bolster the national's emergency alert system.

  • March 13, 2025

    Chinese Fund Opposes Businessman's Bid To Pause Award

    A Chinese investment fund has objected in California federal court to a businessman's bid to pause recognition of a $4.8 million foreign arbitral award against him, arguing that he lost his dispute in two venues and can't prevent execution of the judgment.

  • March 13, 2025

    Fanatics, NFL Cardinals Rookie Settle Contract Fight

    Fanatics has cut a confidential deal with Arizona Cardinals wide receiver Marvin Harrison Jr. and his father to settle the company's contract dispute, resolving litigation that temporarily barred Harrison's jersey number 18 from officially being sold, according to court documents filed in New York state court Thursday.

  • March 13, 2025

    $181K Sanctions Against Texas AG-Tied Investor Stand

    A Texas appeals court upheld around $181,000 in sanctions against the real estate developer at the center of Texas Attorney General Ken Paxton's failed impeachment, finding in a Thursday opinion that developer Natin Paul breached court orders when he wired money to an NBA player.

  • March 13, 2025

    Grubhub Can't Force Arbitration, But Uber Can At 2nd Circ.

    A partially divided Second Circuit panel said Thursday that Grubhub cannot force into arbitration a proposed class action's price-fixing claims based on rules barring restaurants from selling food more cheaply through other channels, but left the arbitrability question for the same claims against Uber Eats up to the arbitrator.

  • March 13, 2025

    Federal Judge Still Skeptical Of Amazon Securities Fraud Suit

    A Washington federal judge said he was "struggling" with a group of Amazon shareholders' stance in a securities fraud suit on Thursday, doubtful that stock sales numbers were enough to back claims that Jeff Bezos had a motive to dupe investors about the company's fulfillment capacity and third-party seller practices.

  • March 13, 2025

    Golden Globe Nominee Settles Conn. Feud With Talent Agent

    Golden Globe nominee Cynthia Gibb and her Connecticut acting school have settled a lawsuit against a talent agent, the agent's acting instructor husband and a school they founded by allegedly interfering with a lease and swiping photos and student lists from Gibb's own academy.

  • March 13, 2025

    Host Co. Can't Force Bitcoin Miner From Pa. Property, For Now

    A western Pennsylvania bitcoin mining venture won a temporary restraining order in Delaware's Court of Chancery Thursday in a ruling that barred a hosting company from continuing to use or block access to more than 20,000 mining systems that had been installed for the tenant operation.

  • March 13, 2025

    Full Fed. Circ. Probes Basis For $20M Google Patent Verdict

    The en banc Federal Circuit on Thursday closely scrutinized the damages evidence underlying EcoFactor's $20 million thermostat patent trial victory against Google, with some judges suggesting that it doesn't support the testimony given by EcoFactor's expert witness.

  • March 13, 2025

    Ohio Co. Can't Get New Trial After Scrapped $18M Award

    An Ohio startup on Thursday lost its latest bid to revive an $18.3 million jury verdict it won against TransUnion for allegedly holding its source code hostage after ending a business deal.

  • March 13, 2025

    Sony Sues USC Over Music Used In Social Media Ads

    Sony Music has accused the University of Southern California of infringing more than 170 of its songs to advertise the university's sports program on social media, according to a copyright suit filed in New York federal court.

  • March 13, 2025

    Energy Co. Faces Investor Suit Alleging AES, Siemens Rifts

    Energy storage company Fluence Energy Inc. faces a proposed investor class action alleging it concealed the impact to its revenues of growing rifts and falling business with its founders, German conglomerate Siemens AG and U.S. utility company AES Corp.

  • March 13, 2025

    Law Firm Helped Fintech CEO Undercut $1.7B Deal, Suit Says

    A fintech startup that went belly up after a $1.7 billion deal to take it public fell apart told a Texas federal court that Chapman and Cutler LLP helped the startup's CEO stab it in the back, saying in a Thursday complaint the firm breached its fiduciary duties.

  • March 13, 2025

    Boston Firm, IT Vendor Settle Fight Over Data

    Melick & Porter LLP has settled a suit accusing its former IT vendor of holding the Boston law firm's computer systems and data hostage during the transition to a new provider.

  • March 13, 2025

    J&J Unit Drops Noncompete Suit Against Ex-Marketing Exec

    Johnson & Johnson's vision unit has agreed to drop its claims against a former marketing director after reaching a settlement on allegations that she breached a noncompete agreement, according to a Thursday order in New Jersey federal court.

  • March 13, 2025

    Swimsuit Pics App Maker Can't Revive Suit Against Facebook

    California appellate justices on Wednesday refused to revive an app developer's contract breach suit alleging Facebook rescinded its commitment to provide third-party developers with access to user data, rendering his app for finding users' swimsuit photos unworkable, after concluding Facebook's terms expressly said it could limit developers' access to data.

  • March 13, 2025

    5th Circ. Sides With NLRB On Reconsidered Exxon Ruling

    The National Labor Relations Board didn't overstep by wiping out and rethinking a decision involving an Exxon Mobil unit after learning a member had a stake in the company, the Fifth Circuit said, enforcing the board's ruling that the company sabotaged negotiations with a union.

  • March 13, 2025

    Michigan Pot Farm Wants Sanctions In $32M Contract Suit

    A Michigan cannabis farm that won a $31.8 million verdict against Curaleaf in a contract dispute in January is urging a Michigan federal court to sanction the company further, saying it has misrepresented law and binding precedent in its arguments against prejudgment interest.

  • March 13, 2025

    Builder Says Conn. Hilton Owner Owes $6M For $63M Project

    A building contractor is taking the owner of a new Home2 Suites by Hilton hotel in Bristol, Connecticut, to court, claiming that what started as a $13 million project ballooned into a $63.4 million series of redesigns and changes in scope for which the hotel owner still owes $6 million.

  • March 12, 2025

    Wells Fargo Can't Force Adviser's Widow To Arb., Panel Finds

    Wells Fargo can't force a deceased employee's widow to arbitrate her claims that she never received certain stipulated benefits after her husband's death because the widow never agreed to arbitrate those claims, a California state appeals court has determined.

  • March 12, 2025

    Jets Legend Sues ESPN, NFL Over '30 For 30' Favre Clip

    Former New York Jets defensive end Mark Gastineau sued ESPN and the NFL in Manhattan federal court over the latest episode of the sports documentary series "30 for 30," which shows him confronting famed Green Bay Packers quarterback Brett Favre about a controversial sack.

  • March 12, 2025

    'I Was Wrong': FTC Atty Flips On Cuts Delaying Amazon Trial

    The Federal Trade Commission abruptly backtracked on an in-house attorney's comments about "severe" resource constraints amid the government spending crackdown while urging a Washington federal judge to delay a consumer protection trial against Amazon, with the same attorney telling the court he was wrong in a letter filed hours after a Wednesday status conference.

  • March 12, 2025

    5th Circ. Won't Revive Suit Over $58M Cloud Computing Deal

    The Fifth Circuit backed the dismissal of cloud computing company Cloud49's lawsuit against rivals Rackspace Technology and Capgemini, rejecting claims that the companies engaged in tortious interference and trade secrets misappropriation during a Texas state cloud computing contract bid worth more than $58 million.

Expert Analysis

  • Navigating Fla.'s Shorter Construction Defect Claim Window

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    In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.

  • Why Diversity Jurisdiction Poses Investment Fund Hurdles

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    Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.

  • Webuild Ruling Complicates Arb. Award Enforcement In US

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    A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Bristol-Myers Win Offers Lessons For Debt Security Holders

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    A New York federal judge's recent dismissal of a $6.4 billion lawsuit against Bristol-Myers Squibb, due to plaintiff UMB Bank's lack of standing, serves as an important reminder to debt security holders to obtain depositary proxies before pursuing litigation, say attorneys at Milbank.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • How To Avoid Risking Arbitration Award Confidentiality In NY

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    Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

  • Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'

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    A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.

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