Commercial Contracts

  • July 03, 2024

    One Judge Not Enough For TCPA Deal's Toss, 11th Circ. Told

    An Alabama woman has said a recent Eleventh Circuit decision tossing her and other class members' $35 million settlement with GoDaddy.com should get another look from a three-judge panel because outstanding questions about which of the panel's opinions control are poised to sow confusion with the district court.

  • July 03, 2024

    Fla. Disinfectant Co. CEO Must Face $5M Canadian Judgment

    A Florida judge on Wednesday ordered the CEO of a disinfectant company to appear in state court to face a $5.1 million judgment in Canada that he's allegedly avoiding over breaching an agreement for parts that were supplied to his business during the COVID-19 pandemic.

  • July 03, 2024

    Geico To Pay Policyholders $2M To Settle Underpayment Suit

    Geico policyholders asked a New Jersey federal judge for preliminary approval of a $1.9 million settlement resolving claims the insurer breached their policies by failing to pay title or registration transfer fees upon the total loss of an insured vehicle.

  • July 03, 2024

    Developer Owes $10M For Boston Project Delays, Suit Says

    Massachusetts contractor Suffolk Construction Co. Inc. claims the developer of a significant mixed-use residential and commercial block in Boston's South End still owes it more than $10 million, saying delays due to the pandemic and a change in the type of cabinetry in the apartments contributed to higher costs.

  • July 03, 2024

    Penile Implant Doc Seeks $7M Atty Fees, Costs In $18M IP Win

    A urologist who won $18.3 million in royalties and damages after a jury found a rival stole his penile implant trade secrets and infringed his intellectual property asked a California federal judge for $6.5 million in attorney fees and $614,000 in costs, saying he is owed the funds as the prevailing party in the litigation.

  • July 03, 2024

    Akerman Beats DQ Bid In Sneaker Product IP Battle

    Akerman LLP can't be disqualified from defending a manufacturing company against claims that it stole from a social media influencer it partnered with to sell sneaker care products, a California federal judge has ruled.

  • July 03, 2024

    4 Mass. Rulings You Might Have Missed In June

    Massachusetts state courts last month dealt with thorny contract disputes, mistakenly disclosed emails between a defendant and an attorney, and a company's overtime policy change that may not have been spelled out to workers.

  • July 03, 2024

    Judge OKs Bid To End FindLaw Trade Secrets Lawsuit

    A New York federal judge has approved a deal to resolve a trade secrets dispute between West Publishing Corp. and RizeUp Media Inc. stemming from the departure of several key employees from West.

  • July 03, 2024

    DLA Piper Adds McGuireWoods' Downtown LA Shop Lead

    McGuireWoods LLP's former Los Angeles downtown office head is taking her class action and complex litigation-focused practice in finance, technology, aerospace and oil industries to DLA Piper, the firm announced this week.

  • July 03, 2024

    Markel Drops Suit Over Law Firm's Malpractice Coverage

    A Markel unit told a New York federal court it is dropping its suit against Harris Sliwoski LLP over coverage for malpractice claims lodged against the Seattle-based firm by Haiti after a $31 million judgment entered against the Caribbean country.

  • July 03, 2024

    Pennsylvania Casino Can't Reopen 'Legal Advice' Battle

    Parx Casino can't get a Pennsylvania federal court to reconsider its orders to turn over most of its disputed communications with Eckert Seamans in a lawsuit over whether the law firm put the casino operator's interests ahead of another client that makes gaming machines, the court ruled Wednesday.

  • July 02, 2024

    ACC Invokes 'Casablanca' In Media Rights Row With Clemson

    The 1942 Hollywood classic "Casablanca" was given some airtime on Tuesday in a North Carolina state courtroom when the Atlantic Coast Conference, in seeking to prevent dismissal of its suit over media rights, drew a comparison between Clemson University and the duplicitous character of Captain Louis Renault.

  • July 02, 2024

    Health Data Co. Alleges Contract Breach, Seeks Del. TRO

    A Blue Cross Blue Shield Association healthcare data licensee has sued for a Delaware Court of Chancery injunction that would bar a client from sharing a valuable database of BCBS medical and pharmacy claims with direct competitor Cigna Corp.

  • July 02, 2024

    Conn. Justices Send Trade Secrets Row Back To Trial Court

    The Connecticut Supreme Court ordered a "limited" new trial Tuesday in a trade secrets case that pit Dur-A-Flex Inc. against numerous companies tied to research chemist Samet Dy, its former employee, finding error in the lower court's rulings on issues including damages and the enforceability of Dy's noncompete agreement.

  • July 02, 2024

    Marriott Loses Counterclaim In Delta's TM Suit

    Delta Air Lines Inc. has won its fight against Marriott International Inc.'s claim that the airline breached an agreement over the use of "Delta Hotels," with a Georgia federal judge finding that the deal at issue applies only in Hong Kong and China.

  • July 02, 2024

    Depo Gets Dad Ousted From Sesame Place Race Bias Case

    The father of a child who was allegedly snubbed by costumed performers at a Pennsylvania theme park has been removed from consolidated race bias litigation after plaintiffs' counsel said the father had lied during a deposition, with a Pennsylvania federal judge on Tuesday granting a bid by other families to sever their case from his.

  • July 02, 2024

    Samsung Doesn't Owe $4M In Arbitration Fees, 7th Circ. Says

    The Seventh Circuit has ruled that Samsung need not pay $4 million in individual arbitration fees for 35,000 consumers claiming the electronics giant illegally collected their biometric data, saying Monday that under their purchase agreement terms the consumers could have advanced the fees if they wanted their claims arbitrated.

  • July 02, 2024

    Casino Game Co. Settles $5.8M Conn. Loan Lawsuit

    An electronic casino and lottery game software maker and a group of its lenders have settled their dispute over a $5.8 million default judgment that the game-maker allegedly failed to pay from a suit the lenders brought in 2021.

  • July 02, 2024

    Dentons Says Ex-Client Can't Escape $4.7M Fee Suit In Texas

    International law firm Dentons Europe CS LLP urged a Texas federal court Tuesday to keep alive its suit accusing a Houston-area crisis response business of failing to pay more than $4.7 million in legal fees and said the correct venue was Texas, not England, as the business has argued.

  • July 02, 2024

    Cannabis Equity Licensee Says Rapper Burned Him In Deal

    The holder of a Massachusetts social equity cannabis license says several entities affiliated with a marijuana brand created by hip hop artist Berner are trying to stiff him out of $2 million they agreed to pay for a stake in his Worcester dispensary, while still trying to assert control over it.

  • July 01, 2024

    Crumbl Aims To Burn Privacy Suit Over Info-Tracking Cookies

    Crumbl LLC has urged a California federal judge to dismiss a proposed class action alleging the cookie maker helped payments processor Stripe Inc. illegally track customer activity and collect sensitive information via website cookies, saying the plaintiff's "poorly drafted" complaint fails to allege an underlying privacy violation.

  • July 01, 2024

    Guatemala Says $31M Award Can't Be Enforced In U.S.

    Guatemala told a D.C. federal court on Friday that litigation filed by a construction and engineering firm to enforce $31 million in arbitral awards against it must be tossed, saying the underlying arbitration and dispute are entirely Guatemalan in nature.

  • July 01, 2024

    'Science Guy' Bill Nye Can't Revive Disney Royalty Fight

    A California appellate court backed the dismissal of a lawsuit brought by famed 'Science Guy' Bill Nye claiming The Walt Disney Co. cheated him out of millions for his educational television show, saying Monday the trial judge didn't err by deciding the accounting dispute instead of sending it to a jury.

  • July 01, 2024

    Wash. Law Firm, Ex-Atty Aided In $20M Fraud, Suit Alleges

    A Washington attorney and her former law firm are accused of lending "an air of legitimacy" to an alleged scheme to bilk an asset management firm out of $20 million by using forged invoices to obtain financing for computer equipment, according to a complaint filed in Washington state court.

  • July 01, 2024

    Wolfgang Puck Judge Chops Sanctions Bids In Royalty Fight

    A Florida magistrate judge on Sunday rejected competing sanctions bids in a contentious lawsuit filed by celebrity chef Wolfgang Puck and interior designer Barbara Lazaroff claiming the owner of an appliance company hid assets to get out of paying a $2.4 million arbitration award for unpaid royalties.

Expert Analysis

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • No AI FRAUD Act Is A Significant Step For Right Of Publicity

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    The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Unpacking The New Russia Sanctions And Export Controls

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    Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • 2nd Circ. Ruling Will Guide Social Media Account Ownership

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    The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.

  • Assessing The Future Of Colorado's Economic Loss Rule

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    The Colorado Supreme Court's decision to review a state appellate court's ruling in Mid-Century Insurance Co. v. HIVE Construction will significantly influence the future of Colorado's economic loss rule, with high stakes for the cost of doing business in the state, says David Holman at Crisham & Holman.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • What To Know About RWI In Acquisition And Divestiture Deals

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    As a slower pace of merger activity turns underwriters toward new industries, representations and warranties insurance policies are increasingly being written for acquisition and divestiture energy deals, making it important for contracting parties to understand how the RWI underwriting process works in this new sector, say attorneys at Haynes Boone.

  • Freight Forwarders And Common Carriers: Know Your Cargo

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    Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Key Considerations For Evaluating An AI Vendor

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    As artificial intelligence technology advances across industries, businesses can mitigate risks, while maximizing the value of their investment, by evaluating technology, expertise, support services, transparency and more when selecting an AI vendor, say Rahul Kapoor and Shokoh Yaghoubi at Morgan Lewis.

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