Commercial Contracts

  • October 23, 2024

    Del. Judge Won't Yet Revisit $242K Atty Sanctions In Ch. 7

    A Delaware bankruptcy judge said Wednesday that he won't, for now, set aside more than $242,000 in legal fees he ordered a lawyer representing the owners of an insolvent government contractor to pay in a clawback lawsuit, saying that since the sanctions order was appealed to the district court, he doesn't have jurisdiction.

  • October 23, 2024

    Trial Consulting Firm Says Ex-Worker Stole Trade Secrets

    Jury analysis firm Jury-X has accused a former employee of taking off with its trade secrets and exploiting a "backdoor" she put in the company's data tables to start her own competing juror selection services business that also copied her old employer's appearance online.

  • October 23, 2024

    Kirkland Adds Freshfields Atty To Boost Private Credit Bench

    Kirkland & Ellis LLP has welcomed an expert in leveraged finance from Freshfields Bruckhaus Deringer LLP, saying Wednesday that his diverse practice will strengthen the firm's liability management and opportunistic credit practices and support its position in the growing private credit sector.

  • October 22, 2024

    Texas Firm 'Tortured' Barratry Case, Appeals Court Hears

    A Texas law firm accused of ambulance chasing told a state appeals court that the opposition had "tortured" the case, saying during oral arguments Tuesday that Bandas Law Firm PC pursued the case merely as an extortion racket.

  • October 22, 2024

    Fraud Detector Inks $500K Deal In Webster Bank Breach Probe

    A fraud detection vendor servicing Webster Bank NA will pay $500,000 to settle an investigation into a data breach that exposed the personal information of nearly 158,000 Connecticut residents, the state attorney general's office has announced.

  • October 22, 2024

    Colo. Justices Suggest Remanding 'Half-Baked' Privilege Case

    Colorado Supreme Court justices appeared reluctant Tuesday to do more than remand a case over whether attorney-client privilege protects communications by an insurance company's lawyers with engineers hired for processing a claim, with two justices calling the appeal "half-baked" since the trial judge admitted she used the wrong standard.

  • October 22, 2024

    Hagens Berman Says Vorys 'Opportunistically' Seeking Lead

    Hagens Berman Sobol Shapiro LLP is fighting a bid by Vorys Sater Seymour and Pease LLP to take the lead in a proposed consolidated class action against gaming giant Valve Corp., saying that after they defeated Valve's arbitration provision Vorys sought to "opportunistically" seize the leadership role.

  • October 22, 2024

    'A Lot Of Nerve': Judge Slams Ex-Sparks Owners' Fee Claim

    A California judge overseeing a suit by former Los Angeles Sparks basketball team co-owners claiming they're owed free game tickets for life said their argument that they also deserve attorney fees because the lawsuit serves the public interest is potentially frivolous, adding, "Somebody in my view has a lot of nerve."

  • October 22, 2024

    Judge Tells Firm To Tighten Up Testimony In Nassar Fee Trial

    A Michigan federal judge cautioned a local personal injury firm Tuesday to reel in the head of the firm on the witness stand, warning he was losing the jury in a long "inside baseball" legal discussion in his efforts to get a greater cut of fees from a Colorado firm for work on a Larry Nassar abuse settlement.

  • October 22, 2024

    Supervisor Could've Prevented Electrician's Death, Widow Says

    The widow of a man who was electrocuted told a Texas appeals court during oral arguments Tuesday that it wouldn't matter if there was a supervisor looking over the deceased man's shoulder, claiming the question never came up because there wasn't a qualified supervisor on site.

  • October 22, 2024

    IQVIA, Veeva Blast Summary Judgment Bids In Secrets Suit

    Life sciences data giant IQVIA Inc. and competitor Veeva Systems Inc. slammed each other's summary judgment bids made public Tuesday in a trade secrets lawsuit in New Jersey federal court, with Veeva arguing that IQVIA's purported trade secrets are hardly confidential and IQVIA saying Veeva's assertions are "a last-ditch effort to avoid liability."

  • October 22, 2024

    10th Circ. Affirms Energera Broke Deal By Filing Patent Suits

    The Tenth Circuit has ruled that both basic logic and "ordinary grammar" support the finding that a covenant not to file any further patent infringement lawsuits was broken by Colorado oil field equipment supplier Energera when it continued to sue Fuel Automation's future customers over "related" patents.

  • October 22, 2024

    NY Judge Trims HOA's Nuisance Suit Against Queens Stadium

    A New York state court judge has pared a Forest Hills, Queens, homeowners association's nuisance suit against a local stadium owner accused of disturbing the neighborhood with lots of noise, traffic and crowds.

  • October 22, 2024

    Paramount Again Foils Suit Over 'Romeo & Juliet' Nude Scene

    Paramount Pictures again defeated a lawsuit by two actors challenging the redistribution of the 1968 film adaptation of "Romeo & Juliet" that contained a nude scene, because a California judge said a prior court already decided the film's distribution was protected activity and, accordingly, the actors are barred from relitigating the issue.

  • October 22, 2024

    Judge Skeptical Amgen Can't Sue Over Colo. Drug Price Caps

    A Colorado federal judge on Tuesday seemed to doubt the state could short-circuit drugmaker Amgen's challenge to the state's drug price cap system, pressing the state to explain why limiting what consumers ultimately pay does not affect what companies like Amgen can charge.

  • October 22, 2024

    BP Unit Says Mexican Cos. Owe It $46M For Natural Gas

    Oil and gas giant BP's Mexican unit has asked a Texas federal court to enforce approximately $46 million in arbitral awards against subsidiaries of steelmaker Ternium SA after they allegedly bought natural gas during 2021's Winter Storm Uri and refused to pay.

  • October 22, 2024

    The 2024 Prestige Leaders

    Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.

  • October 22, 2024

    How Law Firms Get And Keep Elite Status

    For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.

  • October 22, 2024

    In-House Counsel For Veeva, SingleStore Joins Stoel Rives

    Stoel Rives LLP has hired the former in-house counsel for technology companies SingleStore and Veeva Systems Inc. in Boise, Idaho, positioning the firm to better serve the increasing demand for sophisticated transactional representations in the area.

  • October 22, 2024

    DraftKings, Former Exec Eye Settlement Over Noncompete

    DraftKings and a former vice president accused of violating a noncompete agreement by jumping to competitor Fanatics are attempting to settle their differences, according to a Tuesday filing in Massachusetts federal court.

  • October 21, 2024

    Rocket Mortgage Faces DOJ Suit Alleging Refi Race Bias

    The U.S. Department of Justice on Monday sued Rocket Mortgage and two appraisal companies in Colorado federal court for allegedly undervaluing a woman's Denver home because she was Black, asserting that the mortgage company then canceled her refinancing application when she reported the alleged discrimination.

  • October 21, 2024

    X Corp. 'Sabotaging' Discovery Process, Media Matters Says

    Left-leaning watchdog Media Matters for America says that X Corp. is "jamming the wheels of discovery" by refusing to answer questions or provide documents relating to Elon Musk's role in the site's content moderation, asking a Texas federal court Friday to order X to comply.

  • October 21, 2024

    6th Circ. Won't Force Arbitration Of Kellogg 401(k) Fee Suit

    The Sixth Circuit on Monday revived a proposed class action against a Kellogg Co. subsidiary alleging mismanagement of an employee 401(k) plan, finding a Michigan federal court wrongly tossed the suit in favor of arbitration in April 2023.

  • October 21, 2024

    Baha Mar Developer Wins $1.6B Verdict Over Delays

    A New York state judge has handed the developer of the Bahamian resort Baha Mar a $1.6 billion verdict against a Chinese state-owned construction firm that was accused of concealing its massive delays in building the project and then sabotaging the development entirely when it realized catching up was hopeless.

  • October 21, 2024

    Netflix Inks $1.4M Wage Deal With Reality TV Contestants

    A California judge gave preliminary approval Monday to a $1.4 million settlement between Netflix and contestants from the reality television shows "Love Is Blind" and "The Ultimatum" to end a putative wage class action alleging the contestants were forced to work long hours with little pay.

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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