Commercial Contracts

  • July 26, 2024

    Alston & Bird Grows With Structured Finance Pro In New York

    Alston & Bird LLP has expanded its finance team in New York, adding a partner with more than 20 years of experience advising on structured finance transactions and mergers and acquisitions.

  • July 26, 2024

    Texas Appeals Court Leaves Antique Car Suit Stalled

    A Texas appeals court declined to revive a couple's breach of contract suit against a broker of collectible cars, filed over disputed payments from the sale of five antique cars, holding that a trial court correctly ruled they should take nothing on their claims.

  • July 26, 2024

    Subway Franchisor Wants Award Redo In Scrapped Pact Fight

    The Subway sandwich chain's Canadian franchisor has urged a New York federal judge to amend his recent order granting a development company's petition to enforce an arbitral award, saying he wrongly refused to let it argue an important point about the arbitration process.

  • July 26, 2024

    Telecom Worker Data Breach Deal Gets Final Approval

    A North Carolina federal judge gave his final sign-off on a class action settlement between telecommunications provider CommScope and its current and former employees who said it failed to protect their personal information and then took months to tell them about a data breach.

  • July 26, 2024

    Warner Bros. Challenges NBA's Lucrative New Amazon Deal

    Negotiations over the rights to broadcast NBA games boiled over into New York state court Friday, with Warner Bros. Discovery accusing the league of improperly spurning its offer to extend their current partnership in favor of a new deal with Amazon.

  • July 26, 2024

    Fisher Phillips Adds 2 Partners To Its Nashville Office

    Labor and employment firm Fisher Phillips has hired for its Nashville office a former in-house attorney for Peabody Energy and a lawyer who most recently held a public sector post in Tennessee.

  • July 26, 2024

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

    This past week in London has seen U.K. band The 1975 face action by Future Sound Asia after its performance in Malaysia resulted in a festival's cancelation, Spectrum Insurance hit by The Motoring Organization following their dispute over information misuse, and a former police constable pursue defamation against a colleague for allegedly instigating a campaign of harassment against her. Here, Law360 looks at these and other new claims in the U.K.

  • July 25, 2024

    NY Jury Convicts Int'l Bank Safe Deposit Box Scammer

    Following a seven-day trial, a New York federal jury in Brooklyn found a member of an alleged organized crime group guilty of stealing millions in cash and goods from European banks.

  • July 25, 2024

    Chancery Urged To Sanction Musk, X, Attys After Doc Delete

    The founder of a legal research site that makes government documents public has petitioned Delaware's Court of Chancery to sanction Elon Musk, his X entities and his counsel after a court clerk allegedly removed, at the request of attorneys for the billionaire, a document filed in Twitter Inc.'s battle over Musk's $44 billion takeover.

  • July 25, 2024

    Amazon Contractors Say Partner Broke Deal, Cut Them Out

    Two owners of an Amazon deliveries contractor have alleged in North Carolina's Business Court that a third partner pushed them out of the company to keep their cut of profits, asking for a court declaration that the third partner violated their business agreement.

  • July 25, 2024

    Insurer Can't Link Secrets Suit To $47M Claim, Ex-Worker Says

    A former worker for British insurance company Beazley urged a Florida federal court Thursday to toss claims alleging trade secrets theft, saying the company's suit doesn't show how he supposedly caused it to incur $47 million in damages from an arbitration case over a Brazilian thermoelectric plant.

  • July 25, 2024

    Fed. Circ. Backs Penn. Jury Invalidating Sherwin-Williams IP

    A Pennsylvania federal judge rightfully invalidated claims of several Sherwin-Williams Co. paint coating patents after a jury trial, and properly barred inconsistent assertions from the company, the Federal Circuit held Thursday.

  • July 25, 2024

    Hertz Tells Chancery Warrant Holders Are Misreading Contract

    A pair of investment funds that acquired 9 million warrants from Hertz after its bankruptcy and later sued the car rental company for breach of contract misinterpreted the warrant agreement, and their lawsuit should be dismissed, Hertz said in a response to the complaint brought before Delaware's Court of Chancery.

  • July 25, 2024

    Calif. Appeals Court Revives Roadside Attraction Challenges

    A California state appeals court revived two suits targeting San Benito County approvals for a roadside attraction proposed to be built along Highway 101, holding that the Center for Biological Diversity and the Amah Mutsun Tribal Band filed timely challenges to the so-called Betabel Road project.

  • July 25, 2024

    Patent Atty Seeks Closure Over Ex-Firm's Back Wages

    Discovery in a patent attorney's suit against his former firm, Pittsburgh-based Keevican Weiss & Bauerle LLC, has produced enough evidence to support summary judgment on some of his claims, according to a new motion filed this week in Allegheny County.

  • July 25, 2024

    Zurich Can't Revive Deductible In Georgia Coverage Suit

    A Georgia federal judge rejected Zurich American Insurance Co.'s bid to reverse a ruling holding it could and did waive a $2.5 million flood deductible in its coverage row with First Solar Electric LLC over storm damage to a solar farm, holding that the insurer was just "regurgitating" arguments.

  • July 25, 2024

    Chicken Soup's Atty Wants Out Of $3M Conn. Pet Food Feud

    The Graubard Miller attorney defending Chicken Soup for the Pet Lover's Soul Inc. in a manufacturer's $3 million contract suit asked a Connecticut state court to let her leave the case, writing in her motion to withdraw that Chicken Soup has refused to cooperate on the case.

  • July 24, 2024

    Clinic Drops Case Against Maker Of Body-Sculpting Devices

    BTL Industries Inc., a Massachusetts company that sells body-sculpting equipment, and a Connecticut aesthetic clinic have mutually agreed to dismiss a lawsuit accusing the Bay State company of using misleading profit projections and illegal trade restraints that unfairly penalized equipment buyers and caused hefty investments to wither.

  • July 24, 2024

    Atty Who Put Settlement In Spouse's Account Loses Appeal

    A Texas appellate court ruled Wednesday against an attorney seeking to overturn a ruling from a trial court barring him from practicing law for 18 months, saying the man clearly breached his ethical obligations by moving settlement funds through his spouse's personal bank account.

  • July 24, 2024

    Packaging Co. Can't Limit Rival's Sales In NC Biz Spat

    The North Carolina Business Court on Wednesday refused to limit the clientele of a packaging company facing sales-poaching claims by a competitor, reasoning that the rival's lawsuit isn't likely to succeed.

  • July 24, 2024

    Safeway Gets Early Win In Floor Co.'s SEIU Conspiracy Suit

    A floor cleaning company can't pursue its claim that Safeway took part in a civil conspiracy with a Service Employees International Union affiliate to award a contract to a competitor, a California federal judge ruled.

  • July 24, 2024

    Conn. Cannabis Co.'s Income Loss Not Covered, Insurer Says

    An insurer said it has no obligation to cover a cannabis company's business income loss stemming from a February 2020 fire, telling a Connecticut federal court that the loss was not caused by a suspension of operations but rather damage to marijuana plants that aren't covered.

  • July 24, 2024

    Byju's Asks Del. Justices To Undo Lenders' Chancery Win

    The bankrupt U.S. arm of India-based educational technology giant Byju's told the Delaware Supreme Court Wednesday that its dispute with a consortium of lenders belongs in New York and argued that the state's Chancery Court was wrong to find the lenders had validly taken over the company after several defaults.

  • July 24, 2024

    Pawnshop Co. Says Military Law Doesn't Back CFPB's Suit 

    National pawnshop company FirstCash says the Consumer Financial Protection Bureau should drop certain claims in a suit accusing it of subjecting military families to predatory lending, arguing that the bureau has admitted it has no authority to bring certain claims under the law undergirding the allegations.

  • July 24, 2024

    Navajo Coal Co. Appeals FINRA Arbitration Order In $11M Fight

    A Navajo coal-mining company has wasted no time in appealing a Pennsylvania federal judge's order refusing to grant the tribe-owned business's bid to halt arbitration proceedings against a private equity firm in an $11 million dispute over their financing agreement.

Expert Analysis

  • 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.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Key Lessons From Recent Insurance Policy Reform Litigation

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    A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.

  • Compliance Considerations For New Data Protection Law

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    Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.

  • 2nd Circ. Ruling Affirms NY Law's Creditor-Friendly Approach

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    The Second Circuit’s recent ruling in 245 Park Member v. HNA International provides creditors with some reason for optimism that debtors in New York may face rejection in court for aiming to keep creditors at arm’s length by transferring personal assets into an LLC, says Jeff Newton at Omni Bridgeway.

  • Diving Deep Into Sweeping NY Financing Bill — And Its Pitfalls

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    A New York bill seeking to impose state usury limits onto a broader variety of financing arrangements and apply lender licensing requirements to more diverse entities would present near-insurmountable compliance challenges for lenders and retailers, say Kate Fisher and Tom Quinn at Hudson Cook.

  • When Oral Settlements Reached In Mediation Are Enforceable

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    A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.

  • What Transactional Attys Must Know About Texas Biz Courts

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    As Texas prepares to launch its new business courts, transactional attorneys — especially those involved in commercial, securities and internal governance matters — should keep several issues in mind when considering use of the state's business court system to facilitate deals and settle disputes, say attorneys at Katten.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • Behind Court Challenges To The FTC's Final Noncompete Rule

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    The Federal Trade Commission's recent final rule banning noncompetes may not go into effect any time soon amid a couple of Texas federal court challenges seeking to bar the rule's implementation, which will likely see appeals all the way to the U.S. Supreme Court, says Michael Elkins at MLE Law.

  • Can Chatbot Interactions Lead To Enforceable Contracts?

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    The recent ruling in Moffatt v. Air Canada that found the airline liable for the representations of its chatbot underscores the question of whether generative artificial intelligence chatbots making and accepting offers can result in creation of binding agreements, say attorneys at McDermott.

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