Commercial Contracts

  • December 12, 2024

    Ballot Issue Group Can't Nose Into Ark. Casino Measure Suit

    The ballot issue committee backing an Arkansas amendment that revoked a Cherokee Nation business's casino license can't intervene in the tribal entity's challenge that looks to block the law, a federal district court judge said Thursday, arguing that it has not adequately refuted the presumption that the state can defend its rights.

  • December 12, 2024

    Keller Postman Sues Jenner & Block In Escalating Tubi Fight

    Keller Postman LLC added a new front Wednesday to its heated legal fight with Jenner & Block LLP, filing a California state court lawsuit accusing the BigLaw firm of employing a host of unethical tactics to gain leverage in mass arbitration against the streaming service Tubi.

  • December 12, 2024

    Fla. Judge Awards $114M To Crypto-Forex Exchange Investors

    A Florida judge issued a directed verdict Thursday against absent foreign exchange currency broker FxWinning Ltd. awarding investors more than $114 million after they told the court how they were swindled out of their investments when the company abruptly stopped honoring withdrawal requests.

  • December 12, 2024

    Texas AG Targets Instagram, Reddit Over Youth Data Security

    Texas Attorney General Ken Paxton announced Thursday that his office is looking into minors' privacy and safety policies of more than a dozen tech companies, including Character.AI, Reddit and Instagram, as part of his long-running campaign to stop companies from selling minors' personal information without permission from their parents.

  • December 12, 2024

    Chemical Co. Cuts $300K Deal To End Unpaid Wage Suit

    A Pennsylvania chemical company and a former worker who accused it of violating state and federal wage laws by requiring uncompensated preshift work of its employees came together and asked a Keystone State judge to approve a $300,000 settlement for the proposed class action.

  • December 12, 2024

    Utah State Drops Out Of Suit Over Trans Volleyball Player

    Utah State University has dropped its intervening complaint in a lawsuit against the Mountain West Conference that sought to stop a transgender athlete from participating in a now-finished volleyball tournament, days after the collegiate athletic conference asked the Tenth Circuit to toss an appeal in the case as moot.

  • December 12, 2024

    Cooley Wins Bid To Arbitrate Fla. Malpractice Suit

    A Florida state judge has granted Cooley LLP's bid to send to arbitration claims by Genetics Networks LLC that the firm failed to file documents needed to secure a lien while preparing $1.2 million in loan papers, ruling that an arbitration agreement covers the issues raised in the company's malpractice suit.

  • December 12, 2024

    Lemonade Vendor Drops Suit Against Brewers Affiliate

    A lemonade and nuts vendor dropped its lawsuit against a minor league affiliate of the Milwaukee Brewers in Mississippi federal court that alleged the team caved in to pressure from the Coca-Cola Co. and abruptly terminated an agreement that allowed the merchant to sell its items at home games.

  • December 11, 2024

    Flo Rida's Trial Win Against Celsius Largely Upheld On Appeal

    A Florida state appellate court Wednesday largely affirmed rapper Flo Rida's $83.6 million trial win against Celsius Holdings Inc., reversing only on the beverage company's contention that the trial court should have measured stock valuation at an alleged breach of contract date instead of at the time of trial.

  • December 11, 2024

    AADI Enlists NY Court To Enforce Cancer Drug Award

    California-based AADI Bioscience Inc. is asking a New York federal court to enforce an arbitral award rejecting a more than $15 million claim asserted by a Hong Kong biopharmaceutical company following a dispute over a deal to market a new cancer drug in China.

  • December 11, 2024

    Metals Co. Gets $1.1M Verdict In Fireproofing IP, Transfer Feud

    A Washington federal jury has awarded a company with nearly $786,000 in damages after finding that an ex-employee and another business willfully induced customers to infringe its patents for fire-resistant construction assembly products, plus another $300,000 for a fraudulent transfer of assets.

  • December 11, 2024

    Suit Says Plastic Bag Maker Owes $3M For Property Damage

    An Illinois property owner said Bio Star Films, a maker of plastic shopping bags, must pay over $3 million for repairs to five industrial buildings it leased in Chicago for recycling and plastic manufacturing, according to a lawsuit filed in state court.

  • December 11, 2024

    West Coast Conference Says Grand Canyon U. Breached Deal

    The West Coast Conference has sued Grand Canyon University in California federal court alleging it breached an agreement just months after the ink dried so it could join the Mountain West Conference instead.

  • December 11, 2024

    Pashman Stein Accused Of Threatening Firm In Fee Dispute

    A New Jersey attorney facing a lawsuit from Pashman Stein Walder Hayden PC over $90,000 in unpaid legal fees has alleged in state court that the firm unethically threatened to sue his sister-in-law's law firm as he sought to bring counterclaims.

  • December 11, 2024

    Dutch Duo Beats Insurer's Claims Of Poor Greenhouse Design

    Neither a Dutch greenhouse builder nor designer were responsible for the failure of a Michigan produce farm's $14.1 million greenhouse, a federal judge ruled, granting an early win to the pair in an insurer's subrogation suit seeking coverage for a storm loss.

  • December 11, 2024

    Akerman Can't Escape Malpractice Suit Over Lease Dispute

    Akerman LLP has lost its jurisdictional challenge to a lawsuit alleging it owes a seafood restaurant chain over $1 million for giving bad advice during a lease dispute in Florida, with a Texas appeals court ruling the malpractice claims stem from work the firm solicited within the Lone Star State.

  • December 11, 2024

    CORRECTED: Jury Finds Poultry Co. Owes $10.5M For Bony Chicken

    Pilgrim's Pride owes Washington-based grocery vendor Innovative Solutions Inc. $10.5 million for consumer protection and negligence claims, a federal jury said Wednesday, capping off a weeklong trial in which Innovative accused the poultry producer of selling it bony chicken that ultimately ruined a chicken burger deal with Trader Joe's. Correction: An earlier version of the story misstated the verdict amount. The error has been corrected.

  • December 11, 2024

    Class Seeks Final OK Of Contentious $147.5M Insurance Deal

    A class of insurance policyholders has urged a Connecticut federal judge to give his final blessing to a $147.5 million settlement resolving claims that two insurers overcharged when deducting costs from savings accounts attached to universal life insurance plans.

  • December 11, 2024

    Liberty Mutual Accused Of Stalling On $21M Loss Claims

    The owners of a Massachusetts metal recycling plant that was severely damaged in an explosion last year say Liberty Mutual is attempting to avoid a $20.8 million payout in part by claiming that the facility, ordered razed by the city of Springfield, could have been repaired instead.

  • December 10, 2024

    Texas Judge Says Infowars Sale Flawed, Rejects Onion Bid

    A Texas bankruptcy judge Tuesday denied a request by the trustee of the Alex Jones estate to sell the conspiracy theorist's Infowars website to satirical news outlet The Onion, saying a muddled auction process failed to generate enough value for creditors.

  • December 10, 2024

    Bristol-Myers Said To Renege On $450M Milestone Promise

    Former security holders of a biotechnology company Bristol-Myers Squibb acquired in 2016 hauled the pharmaceutical giant into Delaware's Court of Chancery on Monday, accusing it of using "patent prosecution sleight of hand" to avoid paying up to $450 million in promised milestone payments related to an autoimmune disorder treatment.

  • December 10, 2024

    Arb. Award 'Unjust' Enough To Toss? Ga. Justices Ponder

    Justices of Georgia's Supreme Court appeared to agree Tuesday that arbitration of a dispute between a medical provider and its contractor unjustly turned into a one-sided affair, but hesitated to endorse the argument that the issues raised warrant throwing out the arbitrator's $1.75 million award in the contractor's favor.

  • December 10, 2024

    Trader Joe's Seller Fumbled Burger Deal, Poultry Co. Says

    Pilgrim's Pride told a federal jury Tuesday it was not ultimately responsible when a grocery supplier used its bony chicken shipments to make burgers, arguing the vendor failed to inspect the meat for excessive bones, leading to eventual recalls and the end of its Trader Joe's deal.

  • December 10, 2024

    7th Circ. Questions Reviving Harley-Davidson Warranty MDL

    The Seventh Circuit on Tuesday flagged issues with not only Harley-Davidson's motorcycle warranty but also its customers' antitrust claims against it as the court considered reviving multidistrict litigation claiming the contract constitutes illegal tying. 

  • December 10, 2024

    McGrath Kavinoky Denied Arbitration With 'Bullied' Clients

    A California judge on Tuesday denied McGrath Kavinoky LLP's bid to arbitrate allegations it "bullied" clients into accepting a share of $374 million in settlements for women who say they were sexually abused by a UCLA Health gynecologist, finding the situation "presents a problem" for the firm.

Expert Analysis

  • Employer Arbitration Lessons From Calif. Consumer Ruling

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    Although a California state appeals court’s recent arbitration ruling in Mahram v. Kroger involved a consumer transaction, the finding that the arbitration agreement at issue did not apply to a third-party beneficiary could influence how employment arbitration agreements are interpreted, says Sander van der Heide at CDF Labor Law.

  • Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling

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    The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Considering Noncompete Strategies After Blocked FTC Ban

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    A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Notable Q2 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

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