Commercial Contracts

  • September 20, 2024

    Off The Bench: Favre Flops, Dolan Escapes, Betting Cos. Sued

    In this week's Off The Bench, retired quarterback Brett Favre can't revive a defamation suit against fellow NFL Hall of Famer Shannon Sharpe, New York Knicks owner James Dolan is spared from federal sex-trafficking claims, and two sports-betting giants face new suits over their use of MLB player images.

  • September 20, 2024

    Tribe's Stateless Status Undoes $1.9M Construction Suit

    A Massachusetts federal judge on Thursday tossed a New York construction company's $1.9 million lawsuit against the Mashpee Wampanoag Tribe, finding the tribe's stateless position leaves the court with no jurisdiction to decide the case.

  • September 20, 2024

    Marketing Firm Says NC Pot Shop Dropped Ownership Deal

    A North Carolina marketing firm is suing a cannabis shop in state court, alleging the shop's owner breached a contract that would've seen the marketing firm get 49% ownership of the shop for helping to boost its sales.

  • September 20, 2024

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

    The past week in London has seen crypto exchange Binance face a new claim from the co-founder of SO Legal, a U.S. immersive art company take on a Bristol venue for copyright violations and Blake Morgan LLP hit with a pension schemes claim by The Trust for Welsh Archeology. Here, Law360 looks at these and other new claims in the U.K.

  • September 20, 2024

    Steel Biz Investors Sue Atty Over 'Father-Son'-Like Conflict

    A Pennsylvania couple have filed a malpractice suit accusing a lawyer of helping a steel distribution company induce them into investing about $800,000 and defrauding them, saying the attorney didn't disclose his relationship with the company's owners and "father-son"-like bond with one of them.

  • September 20, 2024

    FTC Accuses Drug Middlemen Of Raising Insulin Prices

    The Federal Trade Commission on Friday accused the three largest pharmacy benefits managers, Caremark Rx, Express Scripts and OptumRx, of artificially inflating insulin prices by relying on unfair rebate schemes that hurt competition.

  • September 19, 2024

    Mistrial Avoided In MGA's 3rd Round With T.I. In IP Saga

    A California federal judge declined to order a mistrial Thursday in the intellectual property dispute between MGA Entertainment and hip-hop moguls Clifford "T.I." Harris and Tameka "Tiny" Harris, but he issued a curative instruction to jurors after MGA objected to statements made by an attorney for the Harrises.

  • September 19, 2024

    Bank Raises Contract Shield In E-Merchants' $12M Suit

    Bank Pathward Financial Inc. asked a federal judge Thursday to nix claims against it in a lawsuit brought by two online merchants who alleged that the bank and its partner payment company misrepresented fees and their compliance with card network rules, saying the merchants' claims stem from a contract that clears Pathward of liability.

  • September 19, 2024

    Texas Judge Seeks More Info In $150M Ukrnafta Award Feud

    A Texas magistrate judge on Thursday ordered Ukraine's largest oil company to turn over bank statements as he grapples with a bid by U.S.-based Carpatsky Petroleum Corp. to bar the Ukrainian company from draining those accounts, part of Carpatsky's long-running effort to enforce a $150 million arbitral award.

  • September 19, 2024

    Dallas Judge's Ruling Leaves State Fair Gun Ban Intact

    A Dallas County judge upheld in a Thursday ruling the State Fair of Texas's new rule banning handguns on its premises, rejecting an injunction attempt that would have struck down the rule on the grounds that the fair takes place on government property.

  • September 19, 2024

    Potomac Law Group Adds Morgan Lewis Partner

    A former Morgan Lewis & Bockius LLP real estate attorney has joined Potomac Law Group, framing the move as a strategic shift out of BigLaw amid a "sluggish" transactional environment.

  • September 19, 2024

    Insurance Mogul Takes $166M Arbitration Loss To 4th Circ.

    Convicted insurance mogul Greg Lindberg is looking to overturn a $166 million arbitral award favoring defunct Dutch life insurer Conservatrix after a North Carolina federal judge found the proceedings were conducted fairly.

  • September 19, 2024

    Insurer Must Cover Fatal Motorcycle Crash, Could Owe $12.5M

    A Florida federal court ordered an insurer to pay up to its policy limits in a case that could cost it nearly $12.5 million after a delivery driver for a Chinese restaurant made an illegal turn on a Florida interstate, hitting and killing a motorcyclist in 2018.

  • September 19, 2024

    Fla. Panel Backs Simon Option On Closed Boca Raton Sears

    A split Florida appeals court has sided with Simon Property Group in backing a trial court ruling that the owner of a Boca Raton mall has a right to buy a vacant Sears store after Seritage Growth Properties pitched a redevelopment plan out of line with a 1980s easement.

  • September 19, 2024

    Crypto Exchange Must Refund Bitcoins, But In 2013 Dollars

    A New York judge held Thursday that bygone cryptocurrency exchange Bitfloor improperly failed to return more than 200 of its customers' bitcoins upon shutting down in 2013, but said damages will be limited to the dollar value of the digital assets over a decade ago.

  • September 19, 2024

    Consultant Ducks Contempt In Fight Over Packaging Patent

    An inventor facing allegations of abusive patent behavior by the packaging company for which he previously consulted has dodged a civil contempt finding after a North Carolina federal judge found he was not in violation of an injunction barring him from making false infringement claims.

  • September 19, 2024

    9th Circ. Won't Revive Hilton Builder's $7.5M Insurance Suit

    Two insurers for a construction company have no duty to provide coverage for a more than $7.5 million water damage claim, the Ninth Circuit ruled Thursday, finding a rain damage exclusion in the company's policies is applicable.

  • September 19, 2024

    Conn. Justices Wonder How 'Malicious' Firm's Ex-Client Was

    The Connecticut Supreme Court on Thursday questioned whether an ex-McCarter & English LLP client was "wanton" and "malicious" enough to justify the firm's novel $3.6 million punitive damages bid in a protracted billing dispute that has already fetched the firm judgments totaling more than $2 million on contract claims.

  • September 19, 2024

    Dish Concocted Issues To Escape $10M Contract, Suit Says

    A company contracted by two Dish Network units to build cabinets for the telecom company's equipment says Dish manufactured problems with the cabinets in an attempt to escape the $10 million contract, according to a Colorado federal complaint seeking damages over the scuttled deal.

  • September 19, 2024

    No Coverage For Santander Shareholder Suit, Allianz Says

    Allianz told a Massachusetts federal court that it doesn't owe coverage to Santander Holdings for an underlying class action brought by shareholders over the company's $2.5 billion deal to take its consumer finance entity private, arguing that multiple exclusions bar coverage for claims arising from the transaction.

  • September 19, 2024

    Nantucket Festival Owner Says Rival Exploiting Discovery

    The longtime operator of a wine and food festival on Nantucket says a competitor who started a similarly named event is now trying to take advantage of a court order by making "improperly broad and harassing discovery requests" to further undermine her business.

  • September 18, 2024

    MGA Threatens Mistrial In O.M.G Dolls IP Fight With T.I.

    An attorney for MGA Entertainment and its CEO told a California federal judge Wednesday that his clients may seek a mistrial in the intellectual property dispute between MGA and hip-hop moguls T.I. and Tiny Harris, which could end the third jury trial between the parties.

  • September 18, 2024

    Waste Mgmt. Sued For $3.8M Over Renewable Energy Credits

    A Constellation Energy Corp. unit slapped Waste Management Inc. with a complaint in Texas federal court on Tuesday, saying the company has refused to cough up more than $3.8 million for renewable energy credits Constellation paid for but never received.

  • September 18, 2024

    'Bling Empire' Star Owes $900K To Ex-Partner For Show Idea

    A California jury has concluded that the executive producer and star of Netflix's series "Bling Empire," Kelly Mi Li, owes a former business partner nearly $700,000 for breach of contract and fiduciary duties, along with $200,000 in punitive damages. 

  • September 18, 2024

    5th Circ. Favors Excess Insurer In Marina Coverage Dispute

    The Fifth Circuit upheld a ruling in an inter-insurer dispute over coverage responsibilities of a $13.7 million judgment entered against their mutual client, holding Wednesday that while the excess insurer breached its duties, the primary insurer bears the larger financial burden because it failed to properly settle the underlying dispute.

Expert Analysis

  • 3 Tech Sourcing Best Practices That Are Relevant For AI

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    It might be tempting to think that sourcing artificial intelligence tools requires a completely new set of skills, but the best practices that lead to a good deal are much the same as traditional technology procurement, says Mia Rendar at Pillsbury.

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • A Snapshot Of The Evolving Restrictive Covenant Landscape

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    Rachael Martinez and Brooke Bahlinger at Foley highlight recent trends in the hotly contested regulation and enforcement of noncompetition and related nonsolicitation covenants, and provide guidance on drafting such provisions within the context of stand-alone employment agreements and merger or acquisition transactions.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Handling Customer Complaints In Bank-Fintech Partnerships

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    As regulators mine consumer complaint databases for their next investigative targets, it is critical that fintech and bank partners adopt a well-defined and monitored process for ensuring proper complaint handling, including by demonstrating proficiency and following interagency guidance, say attorneys at Jenner & Block.

  • Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law

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    A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.

  • What NAR Settlement Means For Agent Commission Rates

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    If approved, a joint settlement agreement between the National Association of Realtors and a class of home sellers will likely take the onus off home sellers to compensate buyers' agents, affecting considerations for all parties to real estate transactions, say attorneys at Jones Foster.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • How 3 Unfolding Cases Could Affect The Energy Industry

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    Three judicial decisions now in the pipeline — Texas' challenge to the U.S. Environmental Protection Agency's methane regulations, Delaware's climate suit against big energy companies, and a case before the Supreme Court of Texas on royalty lease interpretation — could have important implications for the energy industry, say Michelle Scheffler and Rachael Cox at Skadden.

  • Flexibility Is Key In Hybrid Capital Investment Strategies

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    Flexible or hybrid capital funds have become a solution for some owners adverse to private debt or requiring short-term capital support not otherwise available in the market, but the complexity and possible range of structures available means that principals need to consider how they may work in different scenarios and outcomes, says Daniel Mathias at Cohen Gresser.

  • Contract Negotiation Prep Checklist For In-House Ad Lawyers

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    Barriers for in-house lawyers and procurement professionals persist in media and ad tech contract negotiations — but a pre-negotiation checklist can help counsel navigate nuances and other industry issues that need to be considered before landing a deal, including supplier services, business use cases and data retrieval, says Keri Bruce at Reed Smith.

  • Calif. Ruling Shows Limits Of Exculpatory Lease Clauses

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    A California court's recent decision in Epochal Enterprises v. LF Encinitas Properties, finding a landlord liable for failing to disclose the presence of asbestos on the subject property, underscores the limits of exculpatory clauses' ability to safeguard landlords from liability where known hazards are present, say Fawaz Bham and Javier De Luna at Hunton.

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