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Commercial Contracts
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June 05, 2024
Fire Co. Shuts Down Insurer's $3.7M Subrogation Bid
A hotel's insurer cannot seek reimbursement from a fire protection company for its roughly $3.7 million coverage payment following a pipe rupture in the hotel's fire sprinkler system, an Ohio federal court ruled, finding the hotel and fire protection company waived their respective insurers' subrogation rights.
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June 05, 2024
Houston Law Firm Can't Arbitrate 'Excessive' Fees Claims
A homeowners' association can proceed with its lawsuit against Vethan Law Firm PC in a Texas state court over allegedly "needless and excessive fees" because the firm failed to prove the existence of an arbitration agreement, a Texas state appellate court has ruled.
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June 05, 2024
1st Circ. May Undo Tribal Casino Bribery Convictions
First Circuit judges hinted Wednesday that jurisdictional flaws and other issues could reverse the bribery convictions of an architect and tribal chairman in connection with a proposed $1 billion casino in southeastern Massachusetts.
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June 05, 2024
Texas Atty Accuses Ex-Partner Of 'Unilaterally Doubling' Comp
A Houston-area attorney is suing Bergquist Law Firm PLLC and its owner for nearly $7 million for "unrelenting" violations of their partnership agreement and fiduciary duties.
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June 05, 2024
ACC Fires Back At Clemson Dismissal Bid In Exit Fee Fight
The Atlantic Coast Conference is looking to keep Clemson University locked in a North Carolina state court lawsuit over media rights and exit fees, saying the school is rehashing arguments raised by Florida State University in a parallel case that were already rejected.
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June 05, 2024
4th Circ. Affirms Insurer's Win In Couple's Home Damage Suit
A West Virginia couple wasn't entitled to a new trial in a property damage coverage dispute, the Fourth Circuit ruled Wednesday, saying a lower court did not abuse its discretion or err in excluding the couple's expert witness and allowing the insurer's expert to testify.
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June 04, 2024
PE Firm Tells 5th Circ. It Got Pushed Out Of EV Co. Acquisition
Texas-based private equity company Ancor Holdings LP says it got pushed out of an acquisition deal by another private equity group it brought in as backup, arguing in oral arguments at the Fifth Circuit on Tuesday that a binding letter of intent means it's entitled to future profits.
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June 04, 2024
Atty's Argentine Uber Debut Fight Lands At Calif. High Court
Barring fraudulent concealment claims under the so-called economic loss doctrine would create "perverse incentives" for people to draw others into contracts and "have their way with them," the California Supreme Court was told Tuesday by counsel for an Argentinian attorney suing Uber on allegations it hid crucial information from him.
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June 04, 2024
Mexican Co. Asks Justices To Resolve Foreign Service Q's
A Mexican film distributor is asking the U.S. Supreme Court to resolve a technical question relating to service of process on foreign parties, as it fights a Ninth Circuit decision enforcing an arbitral award favoring a Los Angeles-based film production company over a 2020 movie that starred Jessica Chastain.
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June 04, 2024
Paramount Hit With $142.5M 'Lucha Libre' Lawsuit
Paramount and Univision have been hit with a $142.5 million copyright lawsuit over allegedly continuing to broadcast masked "Lucha Libre" fights on Pluto TV, over a year after ending a licensing deal with a California company that markets the videos in the U.S.
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June 04, 2024
Bread Financial Wants Suit Over Spinoff's 'Death Spiral' Axed
Financial services company Bread Financial Holdings Inc. and its CEO have asked an Ohio federal judge to toss a proposed investor class action over the alleged "death spiral" of a now-bankrupt spinoff company, saying the suit actually details Bread's "good faith efforts" to establish the spinoff as a successful independent venture.
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June 04, 2024
Fla. Biz Owners Indicted On Grant-Writing Fraud Conspiracy
Two northern Florida business owners have been federally indicted on fraud conspiracy-related charges in connection to a scheme in which they allegedly stole nearly $3 million from minority-owned companies by promising grant-writing services that were never delivered.
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June 04, 2024
Construction Co. Says $1B Texas Chemical Plant Bill Unpaid
The construction company behind a multimillion-dollar chemical processing facility near the Texas coast has accused the plant's owner of refusing to pay it for its work, despite making changes to the original scope of the facility that caused extra construction costs and delays.
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June 04, 2024
Ex-NFL Player Settles With Former Partner In Colo. Reptile Biz
Former NFL player Chadwick Brown has settled a lawsuit with his former business partner in a Colorado reptile shipping company less than a month before trial, resolving allegations that Brown tried to strip the former partner of his stake in the company, according to a recently filed notice in state court.
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June 04, 2024
BofA Gets First Nod For $21M Wire Fee Settlement
A North Carolina federal judge gave an early nod Tuesday to a $21 million settlement between Bank of America NA and the proposed class of its customers who accused it of slapping $15 "junk fees" on their incoming wire transfers, with $7 million of the deal going to class counsel.
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June 04, 2024
Bally Sports Parent Reaches Multiyear Fubo Carriage Deal
The bankrupt owner of Bally Sports-branded regional sports networks told a Texas judge Tuesday that it has reached a multiyear agreement with fuboTV to continue that company's carriage of the debtor's channels on its streaming platform, adding to its roster of new distribution deals as a hearing on its Chapter 11 plan nears.
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June 04, 2024
CFPB Cautions Firms Against Contractual 'Fine Print Tactic'
The Consumer Financial Protection Bureau on Tuesday warned banks and other financial services firms against trying to "trick" consumers with unenforceable waivers in their customer contracts, saying their use of certain contractual terms and conditions can open them up to supervisory or enforcement action.
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June 04, 2024
Nurse Staffing Exec Wants Antitrust, Fraud Charges Separated
An indicted home health care staffing executive asked a Nevada federal court to separate the antitrust charge against him for allegedly fixing nurses wages from claims that he concealed the conspiracy and government probe when selling the business for more than $10 million.
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June 04, 2024
Developer, Buyer Settle $10M Miami Condo Dispute
A German citizen and a developer have settled their dispute over a $9.6 million deal to buy a highly customized duplex condominium unit in a new Miami high rise, according to a notice filed in Florida federal court Monday.
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June 04, 2024
Houston IP Firm Settles Trade Secrets Case With Ex-Law Clerk
Houston-based intellectual property law firm Lloyd & Mousilli PLLC and a former law clerk accused of stealing confidential information while working virtually from California reached a settlement in a lawsuit brought by the firm in a Texas federal court.
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June 04, 2024
Ex-Restoration Co. Execs 'Teeter' On Contempt, Judge Says
The former presidents of a property restoration company have staved off civil contempt after narrowly convincing a North Carolina Business Court judge that they merely misunderstood an injunction curbing their business activities as opposed to flagrantly disregarding it.
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June 03, 2024
Voir Dire With No Judge Present Persists In State Courts
Data released Friday by the National Center for State Courts revealed that voir dire conducted by lawyers with no judge present in the room persists in 7% of state court trials, but has been virtually eliminated in federal courts.
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June 03, 2024
Michaels Stole Paint-By-Number IP, Company Says
A paint-by-number company told a jury Monday during opening arguments in Texas federal court that arts and crafts corporation Michaels Stores Inc. used the company's trademarks to create a competing product, saying it only learned of the phony product after a customer called in praising it.
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June 03, 2024
11th Circ. Backs Freeze Of Grants For Black Women Only
In a split decision Monday, the Eleventh Circuit said that a Georgia federal judge should have blocked a Black-led venture capital firm from awarding grants to businesses owned only by Black women, opining that the practice was "substantially likely" to violate federal law barring racial discrimination in the writing of contracts.
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June 03, 2024
Ex-Biopharma Co. Prez Accused Of Defecting With Secrets
Biopharmaceutical firm United Therapeutics Corp. has accused a former executive of violating an employment agreement by taking ideas to a rival company to develop a competing lung treatment.
Expert Analysis
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Harvard's Broker Fight Shows Active Risk Management Is Key
Harvard University’s recently filed suit against its insurance broker for alleged malpractice in handling the Students for Fair Admissions claim illustrates that risk management requires the concerted effort of policyholders, brokers and insurers to protect against disastrous losses, say William McMichael and David Klein at Pillsbury.
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Transparency And Explainability Are Critical To AI Compliance
Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.
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What Texas Business Court Could Mean For Oil, Gas Cases
While the new business court in Texas might seem an ideal venue for the numerous oil and gas disputes litigated in that state, many of these cases may remain outside its reach under the rules governing the court's jurisdiction — at least for now, say Conrad Hester and Emily Fitzgerald at Alston & Bird.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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SEC Fines Mean Cos. Should Review Anti-Whistleblower Docs
The Securities and Exchange Commission’s expanding focus on violations of whistleblower protection laws — as seen in recent settlements where company contracts forbade workers from reporting securities misconduct — means companies should review their employment and separation agreements for language that may discourage reporting, says Caroline Henry at Maynard Nexsen.
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Sellers Seeking Best Deal Should Focus On Terms And Price
Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Del. Dispatch: Refining M&A Terms After Twitter Investor Suit
The Delaware Court of Chancery's recent decision in Crispo v. Musk — invalidating a merger agreement provision that has been commonly used to disincentivize buyers from wrongful merger termination — should cause target companies to consider new approaches to ensure the payment of lost premium damages, say attorneys at Fried Frank.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Key Shifts In EU, UK Emissions Credits: Challenges For Cos.
An upcoming deadline to apply for free carbon dioxide emissions allowances in the European Union, and a reduction in the supply of similar allowances in the U.K., are likely to increase competition for allowances, and cause production, supply chain and contract issues for companies, say attorneys at Orrick.
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Earnout Contract Considerations After NC Good Faith Ruling
The North Carolina Supreme Court's recent Value Health Solutions v. Pharmaceutical Research decision, holding the implied covenant of good faith and fair dealing did not apply in an earnout dispute related to an asset sale, demonstrates the need for practitioners to pay careful attention to milestone concepts in M&A transactions, says Benjamin Hicks at Wagner Hicks.
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Takeaways From Iran Missile Procurement Advisory
Companies should familiarize themselves with the entities and practices highlighted in the recent multiagency Iran Ballistic Missile Procurement Advisory, to avoid falling prey to deceptive practices that help bad actors evade sanctions, say attorneys at DLA Piper.
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7 NIL Considerations For Brand Deals With Student-Athletes
While the constantly changing laws, rules and regulations for name, image and likeness in collegiate athletics are difficult to navigate, the benefits of a brand's successful NIL marketing campaign can outweigh the challenge of traversing this complex framework, say attorneys at Arnold & Porter.