Commercial Contracts

  • 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.

  • December 10, 2024

    Chancery Awards Ajamie $13M In Cell Partnership Fight

    Boutique law firm Ajamie LLP has won a Delaware Court of Chancery ruling that clients in a more-than decade-long multi-site battle over dozens of AT&T cellphone partnerships owe Ajamie about $13 million in legal fees despite a court finding that a formal fee-sharing agreement is unenforceable.

  • December 10, 2024

    Venezuela Oil Cos. Say $23M Suit Wasn't Properly Served

    Two Venezuelan oil companies urged the Eleventh Circuit on Tuesday to undo a $23 million judgment for a Florida-based chemical distributor, arguing neither company was properly served the summons and complaint.

  • December 10, 2024

    Split 9th Circ. Won't Revive Tesla Worker's Whistleblower Suit

    A split Ninth Circuit refused to revive a terminated Tesla worker's Sarbanes-Oxley whistleblower claim alleging he was retaliated against for reporting unlawful activity, ruling on Tuesday the worker is precluded from re-litigating in district court whether he engaged in protected activity, since an arbitrator already decided that he did not.

  • December 10, 2024

    Warner Bros., Comcast Settle 'Harry Potter' TV Show Fight

    Warner Bros. Discovery and Comcast's United Kingdom and European subsidiaries settled their contract dispute over co-production of a new "Harry Potter" television series Monday as part of a new long-term distribution deal between the two media giants.

  • December 10, 2024

    ESPN, Fox Blast DOJ 'Formalistic Distinction' In Fubo Case

    ESPN, Fox and Warner Bros. Discovery pressed the Second Circuit to upend a lower court injunction against their sports-only streaming service, taking particular aim at U.S. Department of Justice arguments asserting the sports giants can't claim they have a right to refuse dealing with rivals after joining forces.

  • December 10, 2024

    Mountain West Calls Trans Athlete Suit Moot After Tournament

    The Mountain West Conference wants the Tenth Circuit to end a bid to obtain a restraining order that would have prevented a San Jose State University transgender volleyball player from participating in a now-finished tournament, arguing the point is moot and the case should be tossed.

  • December 10, 2024

    Labcorp Accuses Ex-Sales Exec Of Stealing Customers

    Laboratory Corp. of America Holdings took its former sales marketing executive to North Carolina federal court, along with his new employer, claiming that the worker has been violating his noncompete and nonsolicitation agreements by poaching Labcorp's customers and using its confidential information against it.

  • December 10, 2024

    Keller Postman Seeks To DQ Jenner & Block In Tubi Fight

    Keller Postman LLC wants Jenner & Block LLP sanctioned and disqualified for a "shocking pattern of unethical conduct" — which allegedly includes hiring a private investigator to interrogate the firm's clients — in a lawsuit accusing Keller Postman of filing thousands of "fraudulent" arbitration claims against streaming service Tubi Inc.

  • December 10, 2024

    Atty Recommended For Sanctions After 'Bad Faith' Filings

    A Florida magistrate judge has recommended sanctioning an attorney representing a franchisee in a contract dispute with CBD American Shaman LLC, saying his duplicate filings — including four motions to reconsider a single order — amount to bad faith.

  • December 09, 2024

    Jones Says Waiver Gave Onion Unfair Edge In Infowars Auction

    Lawyers for Alex Jones on Monday stepped up their criticism of satirical news outlet The Onion's bid to buy the conspiracy theorist's Infowars website, urging a Texas bankruptcy judge to block the deal and hand Infowars to a company operating a supplements website instead.

  • December 09, 2024

    Vail Resorts Says Colo. District Can't Escape Debt Deal

    A Colorado special district seeking to revive a lawsuit challenging an intergovernmental agreement from the early 2000s is only trying to avoid repaying millions of dollars in debt, Vail Resorts and another special district told a state appellate court.

  • December 09, 2024

    Petrobras Calls On Justices To Review Samsung RICO Suit

    The American subsidiary of Brazil's state-owned oil company called on the U.S. Supreme Court to unravel the Fifth Circuit's decision blocking its racketeering claim against Samsung Heavy Industries over an alleged $1.6 billion bribery scheme involving drillship contracts.

  • December 09, 2024

    Live Nation Denied Rehearing In 9th Circ. Arbitration Fight

    The full Ninth Circuit has refused to reconsider an appellate panel's recent decision invalidating Live Nation and Ticketmaster's choice of a digital arbitration startup for consumer antitrust claims over allegedly exorbitant ticket prices.

  • December 09, 2024

    Amazon Says FTC Lacks Authority To Bring Antitrust Case

    Amazon has told a Washington federal court that the Federal Trade Commission is overstepping its authority by bringing its antitrust case directly in court without pursuing an in-house case targeting the e-commerce giant's treatment of sellers on its platform.

  • December 09, 2024

    US Air Withdraws Fight For $139M In Costs After Sabre Deal

    US Airways is dropping its demand for $139 million in attorney fees and costs after settling the issue with flight booking giant Sabre, a development poised to conclude the long-running New York federal court case accusing Sabre of monopolizing ticket distribution systems.

  • December 09, 2024

    Mexico Found Liable For Axing Oil Drilling Contract

    An International Centre for Settlement of Investment Disputes tribunal has found that Mexico breached the North American Free Trade Agreement when a Mexican administrative court confirmed the termination of an oil drilling contract between the country's state-owned energy firm and Texas-based investors.

  • December 09, 2024

    Insurer Asks 7th Circ. To Review Faulty Work Coverage Ruling

    An insurer urged the Seventh Circuit on Monday to review a ruling requiring it to defend an architectural design firm and its owner against faulty work claims seeking more than $3.4 million in damages, saying the ruling is contrary to an Illinois Supreme Court decision involving the same issues.

  • December 09, 2024

    BNSF Asks 9th Circ. To Upend Tribe's $400M Trespass Win

    BNSF Railway Co. has argued the Ninth Circuit should reverse a lower court's finding that the company owes a Washington tribe nearly $400 million for years of illegally running oil cars across tribal territory, saying the "massive penalty" is excessive because it strips away lawfully earned profits.

  • December 09, 2024

    NC Attorney General Cans Counterclaims In HCA Hospital Suit

    North Carolina Attorney General Josh Stein has immunity from counterclaims brought by HCA Healthcare in an enforcement suit centered on the for-profit health network's actions since purchasing an Asheville hospital five years ago, a state Business Court judge has ruled.

  • December 09, 2024

    Judge Axes $33M Suit Challenging Feds' Wildfire Response

    An Oregon federal judge has dismissed a suit by two lumber companies claiming that the U.S. Forest Service failed to properly fight a wildfire in the Willamette National Forest, holding that the agency's decisions are shielded under the Federal Tort Claims Act.

  • December 09, 2024

    High Court Won't Hear Zimmer Biomet Royalties Fight

    The U.S. Supreme Court on Monday shot down Zimmer Biomet Holdings' challenge to the Seventh Circuit's finding that the company shouldn't have stopped paying royalties on knee replacement devices it developed using an orthopedic surgeon's various patents after those patents expired.

  • December 06, 2024

    Billionaires Show New Interest In Texas' Intermediate Courts

    Billionaire-backed funding in Texas helped push a wave of Republican judges who swept races for intermediate appellate courts across the state, representing a new level of corporate spending in judicial races often marked by underfunded campaigns and low voter awareness.

  • December 06, 2024

    Ill. Judge Sends Hair Restoration Text Suit To Arbitration

    An Illinois federal judge paused litigation against a hair restoration company accused of sending a website user unwanted text promotions and ordered the parties Friday to arbitrate their dispute, following a Seventh Circuit ruling that upheld an arbitration agreement with less to go off of.

Expert Analysis

  • 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.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

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