Commercial Contracts

  • November 07, 2024

    Privilege Overruled In Firm's Suit Against Drinks Co. Founder

    A Florida state court judge Thursday ordered the founder of the company that makes Bang Energy drinks to sit for a deposition in a lawsuit over unpaid fees brought by counsel who formerly represented him in a bankruptcy case, overruling attorney-client privilege asserted in a previous attempt to depose him.

  • November 07, 2024

    Ore. Judge Denies CBD Co's Bid To Freeze Bank Assets

    An Oregon federal judge won't freeze accounts tied to the founders of a "neobank" that went belly up and failed to return nearly $127,000 in deposits made by a cannabis company, saying the accounts are operated by a bank that is not a party to the litigation.

  • November 07, 2024

    Sutter Health Could Face Retrial On Antitrust Claims In March

    Sutter Health is headed back to trial after the Ninth Circuit said "highly relevant" evidence was excluded from the 2022 trial where the hospital chain defeated claims that it had driven up the cost of insurance, and the court overseeing the matter says March is the earliest it can do.

  • November 07, 2024

    NC Contractor Says DR Horton Owes It Millions

    A contractor claimed that homebuilding giant D.R. Horton Inc. stiffed it out of more than $5.5 million after it did site work for residential real estate projects in North and South Carolina.

  • November 07, 2024

    Colo. Says Man Sold $3M In Unregistered Securities

    Colorado securities regulators filed a lawsuit in state court alleging a man sold more than $3 million of unregistered securities to investors, many of them friends, students or women he met through dating apps, while withholding important information or misrepresenting the investments.

  • November 07, 2024

    Wash. COVID Tuition Class Contract Claim Cleared For Trial

    A Washington state judge has narrowed a student class action against the University of Washington seeking tuition reimbursement from the COVID-19 campus shutdown, nixing some claims while saying a jury should decide whether the school's "marketing materials, course descriptions and historical practice" amounted to an implied contract for in-person learning.

  • November 07, 2024

    Strip Mall, Insurer Agree To End Repair Payments Dispute

    A Tennessee strip mall owner and its insurer agreed to bury the hatchet Thursday and resolve claims the insurance company withheld costs for building repairs via wrongful depreciation, Wisconsin federal court filings said.

  • November 07, 2024

    FINRA Grants Client Poach Injunction To TD Bank

    The Financial Industry Regulatory Authority has issued a permanent injunction against Raymond James Financial and its subsidiary Crescent Point Private Wealth that bars their solicitation of certain TD Bank clients until April 2025, according to a status report filed in a federal lawsuit in the District of Connecticut.

  • November 07, 2024

    Colo. Cannabis Co. Seeks Receivership As Part Of Wind Down

    A branded cannabis consumer goods company asked a Colorado state court late Wednesday to appoint a receiver over its business as its Canadian parent company seeks to wind down its operations.

  • November 07, 2024

    NC State '83 Team Fights 'Absurd' NCAA Bid To Toss NIL Suit

    The NCAA's ongoing use of the 1983 North Carolina State University basketball team's championship highlights in promotions and marketing negates its claim that any allegations of name, image and likeness misuse are past the statute of limitations, the team's players told a North Carolina state court Wednesday.

  • November 07, 2024

    NC Court Refuses Law Firm Sanctions In Bankruptcy Fee Fight

    A North Carolina business bankruptcy law firm and its founder have escaped sanctions for allegedly lying to a trial court about its communications in a fee dispute, as a state appellate court said the former client's sanctions motion must fail as a matter of law because he "unreasonably delayed" filing it.

  • November 07, 2024

    Attys For Solar Co. Ex-CEO Should Be DQ'd, Plaintiffs Say

    The lawyers representing the former CEO of a bankrupt solar energy company should be disqualified, attorneys for the plaintiffs in a suit against him said Wednesday, arguing that the firm had multiple conflicts of interest with its work as in-house counsel for the solar energy company and was intentionally delaying discovery because of its "obvious web of conflicting obligations."

  • November 07, 2024

    Greenberg Glusker Wins Bid To Arbitrate Ex-Client's Suit

    A judge in California state court on Thursday granted a motion by Greenberg Glusker Fields Claman & Machtinger LLP and two partners to arbitrate an investor's allegations that they bungled his defense in an underlying civil suit, finding some of the ex-client's arguments against arbitration were "frivolous" and "not credible."

  • November 07, 2024

    Silicon Carbide Biz Says Researchers Swiped Trade Secrets

    Silicon carbide technology company Wolfspeed Inc. is going after two former higher-ups in its research and development department for allegedly taking trade secrets to a rival, according to a newly filed state Business Court complaint.

  • November 07, 2024

    Indicted Power Broker Says Civil Suit Repeats Earlier Claims

    Indicted Garden State power broker George E. Norcross III and his attorney brother have urged a New Jersey state judge to toss the civil racketeering suit brought against them by a Philadelphia developer, arguing that the developer's claims are time-barred and should have been filed in previously litigated and resolved actions.

  • November 07, 2024

    Pelicans Settle With Westgate Over Broken Sponsorship Deal

    The New Orleans Pelicans have settled a lawsuit accusing Westgate Resorts' marketing arm of bailing on a three-year sponsorship agreement with the NBA team after just one year, according to a Thursday filing in Louisiana federal court.

  • November 06, 2024

    FTC Pushes For Amazon Docs In Antitrust Case

    The Federal Trade Commission on Tuesday urged a federal court in Seattle to make Amazon hand over documents in the agency's monopolization case against the e-commerce giant, saying its discovery requests aren't unduly burdensome given the breadth of Amazon's alleged anticompetitive conduct.

  • November 06, 2024

    Customers Look To Preserve Lead Class Action Against AT&T

    AT&T shareholders are telling a Texas federal judge that the company acted with scienter when it allegedly misled investors about the removal of lead-covered copper cables from its network, pushing back on AT&T's motion to dismiss the suit stemming from a drop in the company's stock price.

  • November 06, 2024

    2nd Circ. Revives Authors' Breach Claim Against McGraw Hill

    The Second Circuit has partially restored a breach of contract claim from a would-be class action that alleged McGraw Hill shortchanged textbook authors on royalties from e-book sales, saying there was merit to one of their arguments relating to contract language.

  • November 06, 2024

    Seattle Judge Wants Plaintiff's Comms In IPad Antitrust Suit

    A Seattle federal judge has ordered Hagens Berman Sobol Shapiro LLP to produce its communications with a client who allegedly ghosted the firm before determining if the attorneys may withdraw from representing the class representative in a proposed antitrust class action against Apple and Amazon.

  • November 06, 2024

    Judge Axes NY Claims In Chase Bank Counterfeit Check Row

    A New Jersey federal judge partly granted JPMorgan Chase Bank's bid to toss a tile company's lawsuit over the financial giant's alleged acceptance of $5 million in counterfeit checks drawn from its Valley National Bank account, reasoning that Florida law claims could stand but allegations under New York statutes could not. 

  • November 06, 2024

    Morgan Stanley Denied ERISA Deferred Comp Ruling Redo

    A New York federal judge denied Morgan Stanley's request that the court rethink its order compelling to individual arbitration a proposed class action from former financial advisers seeking deferred compensation to individual arbitration, keeping a holding intact that found disputed benefits were subject to the Employee Retirement Income Security Act.

  • November 06, 2024

    R&B Singer Says Ex-Manager Can't 'Squeeze' More Money

    A Grammy-nominated singer has urged a Michigan federal judge to find his former management isn't entitled to any commission from the last eight years of his work in the entertainment industry, saying a sunset clause from a 2003 agreement isn't valid because he terminated the contract.

  • November 06, 2024

    FINRA Fines Firm Over Lax Real Estate Investment Diligence

    The Financial Industry Regulatory Authority ordered broker-dealer XP to pay $800,000 in restitution and penalties to settle claims that, among other things, it recommended investments in a series of real estate-focused private placements without conducting proper due diligence on them, leading to investor losses when the offerings flopped.

  • November 06, 2024

    No Arbitration For NBA Player Agent Suit Against Klutch, Paul

    Klutch Sports Group and its founder, superagent Rich Paul, had their bid to send to arbitration a $4.9 million breach of contract lawsuit by a fellow agent and former negotiator turned aside, with an Ohio federal judge ruling the suit will remain in district court.

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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