Commercial Contracts

  • October 23, 2024

    Mich. Panel Reverses Insurer's $1.2M Fire Subrogation Win

    A Michigan state appeals court rejected a property insurer's subrogation bid against commercial tenants over a roughly $1.2 million building fire, finding that while the tenants' lease generally required them to keep their property in good condition, there was no specific provision holding them liable for their own negligence.

  • October 23, 2024

    Tribes Want Magistrate Judge To Drop Out Of $12M Award Suit

    Two Native American tribes have told a Wyoming federal court that a magistrate judge should recuse himself from an oil and gas company's lawsuit attempting to stop them from using their tribal judicial system to vacate a more than $12 million arbitration award.

  • October 23, 2024

    Investor Tied To Texas AG Seeks Investigation Info From Feds

    Real estate investor Nate Paul is looking to get more information from federal prosecutors about their investigation into federal fraud charges he's facing — topics that featured prominently during the failed impeachment of Texas Attorney General Ken Paxton — according to court filings from U.S. Attorney's Office employees.

  • October 23, 2024

    Judge Says $85M Signature Bank Lawsuit Came Too Late

    A New York federal judge has permanently tossed a lawsuit brought by a developer and its affiliates alleging that a former Signature Bank employee fraudulently misled them into unfavorable financial transactions, saying the claims are time-barred under the bank's one-year statute of limitations and not adequately pled.

  • October 23, 2024

    No Xenophobia Taint In Fired Prof's Jury Trial, Panel Says

    An Ohio state appellate court has upheld a jury's finding that a Cincinnati medical center did not violate employment law when it fired a tenured associate professor, rejecting the professor's argument that the medical center attempted to stoke "xenophobic bias" in the jury by mentioning his Chinese heritage during trial.

  • October 23, 2024

    UBS Wins $192M Award Confirmation In Eurobond Dispute

    An Egyptian businessman has lost his years-old bid in New York federal court to vacate an approximately $192 million arbitral award favoring UBS and other lenders in a dispute over a $100 million Eurobond default.

  • October 23, 2024

    Billionaire Sued For $25M Over Renewable Fuel Project Costs

    Air Products and Chemicals Inc. has slapped Canadian billionaire John Carter Risley with a suit in Delaware federal court seeking to enforce a $25 million personal guarantee after renewable fuels company World Energy, a company Risley has invested in, defaulted on more than $26 million in payments.

  • October 23, 2024

    9th Circ. Judge Suggests Equity Pact Counts As Wash. Loan

    A Ninth Circuit judge said Wednesday he was "struggling with" a company's stance that its equity-sharing agreement with two homeowners in Washington state doesn't amount to a loan covered by state laws regulating reverse mortgages, saying the arrangement appears to check the boxes of the statutory definition.

  • October 23, 2024

    NJ City Permitted Bigger Project To End Suit, Opponent Says

    A property owner's nonprofit has brought a new lawsuit claiming that the city of Hoboken, New Jersey, gave a developer more than $50 million in project benefits in a settlement that could nearly double the scope of a pair of mixed-use developments along the scenic Palisades cliffs.

  • October 23, 2024

    Jersey Shore Attractions Sued For Pay Over Iconic Phrase

    The woman whose voice has been played in a recording along a New Jersey shore town's boardwalk for over 45 years alleged in a revised state court complaint Wednesday she has never been paid more than few free tram car tickets despite it becoming an iconic slogan for the popular destination.

  • October 23, 2024

    How FINRA Filings Led To A $29M Defamation Verdict In Pa.

    Two firms that specialize in injury, employment and fraud matters teamed up for an unusual case that posed a tricky task: boiling down the technicalities of securities law in order to convince a Pennsylvania state jury that regulatory filings were misused for defamation.

  • 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.

Expert Analysis

  • How Cos. Can Protect IP In Light Of FTC Noncompete Rule

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    While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.

  • Setting Goals For Kicking Corruption Off FIFA World Cup Field

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    The unprecedented tri-country nature of the 2026 men's World Cup will add to the complexity of an already complicated event, but best practices can help businesses stay on the right side of anti-corruption rules during this historic competition, say Sandra Moser and ​​​​​​​Emily Ahdieh at Morgan Lewis.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Do Not Overstate Fla. Condo Termination Ruling's Impact

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    A close look at the unique language at issue in Avila v. Biscayne, in which a Florida appellate court deemed a condo termination to be invalid, shows that the case is unlikely to significantly affect other potential terminations, say Barry Lapides and Edward Baker at Berger Singerman.

  • Drafting Calif. Cannabis Management Services Agreements

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    Meital Manzuri and Alexis Lazzeri at Manzuri Law explore the ways in which management services agreements function in the California commercial cannabis industry, and highlight a few specific terms and conditions that are crucial when drafting these agreements.

  • In Energy Disputes, Good Arbitration Clauses Are Key

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    Recent trends have spawned many complex energy disputes that cross jurisdictional boundaries — but arbitration offers an optimal forum for resolving such matters, especially when arbitration provisions in contracts are tailored for the energy sector, say Scott Marrs at Akerman and Andrew Barton at the American Arbitration Association and the International Centre for Dispute Resolution.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Could 'General Average' Apply To The Key Bridge Crash?

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    While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Expect An Increase In Robinson-Patman Act Enforcement

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    Recent actions by the Federal Trade Commission and prominent lawmakers should be viewed as a harbinger of renewed scrutiny of price discrimination in all industries and a sign that Robinson-Patman Act investigations and enforcement actions are likely to see an uptick, say attorneys at Morgan Lewis.

  • Opinion

    The FTC's Noncompete Rule Is Likely Dead On Arrival

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    The Federal Trade Commission's April 23 noncompete ban ignores the consequences to the employees it claims to help — but the rule is unlikely to go into effect provided the ideological makeup of the U.S. Supreme Court remains the same, say Erik Weibust and Stuart Gerson at Epstein Becker.

  • Class Actions At The Circuit Courts: April Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.

  • 9th Circ. Arbitration Ruling Could Have Int'l Implications

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    In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

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