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Commercial Contracts
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May 23, 2024
FirstKey Sanctioned For Trying To Coerce Workers In OT Suit
A Texas federal judge sanctioned FirstKey Homes LLC for issuing coercive communications to employees in an apparent effort to steer them from joining a proposed wage and hour class action, finding Wednesday the only purpose the company had was "attempting to undermine the collective action in this case."
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May 23, 2024
Irma Power Outage Claims Must Be Brought To Fla. Regulator
A Florida state appellate court reversed the class certification in a multibillion-dollar lawsuit brought against Florida Power & Light Co. over extended electricity outages during Hurricane Irma, citing a new law requiring ratepayers to bring their claims before the state's Public Service Commission.
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May 23, 2024
4th Circ. Rules No Coverage For Mars' COVID Losses
Candymaker Mars Inc. can't get coverage from Factory Mutual Insurance Co. for its COVID-19-related losses, the Fourth Circuit ruled Thursday, further rejecting Mars' bid to certify a question to the Virginia Supreme Court.
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May 23, 2024
6th Circ. Unbuckles Supplier From 'Odd' Seat Belt Contract
A Sixth Circuit panel on Thursday freed a seat belt part supplier from having to continue to fulfill a seat belt system manufacturer's orders at an old price, saying the parties' "odd" agreement language isn't specific enough to enforce.
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May 23, 2024
Split Ohio High Court Says Jury Must Mull Drilling Rights Row
A split Ohio Supreme Court unraveled a trial court ruling in favor of oil and gas rights owner Tera LLC that acted as the basis of a $40 million damages award against Gulfport Energy, reasoning Thursday that there is a "genuine issue of material fact" over the meaning of certain terms in parties' lease agreement.
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May 23, 2024
Insurer, Ski Resort Co. Battle Over COVID Coverage
An owner and operator of 15 ski resorts urged a Colorado state court to find that an AIG unit owes coverage under its policy's "loss of attraction" provision for COVID-19-related business interruption losses, while the unit argued that a voluntary shutdown of business, "even for good reasons," isn't covered.
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May 23, 2024
Stryker Unit And Seyfarth Attys Hit With $275K Sanctions
A Colorado federal judge has imposed $275,000 in sanctions jointly and severally on Stryker-owned Howmedica Osteonics Corp., along with Seyfarth Shaw LLP, for witness coaching and discovery violations in a bitter breach-of-contract dispute, amounting to roughly one-eighth of what plaintiff ORP Surgical LLC had sought.
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May 23, 2024
Wow Such Basic: Justices Back Crypto Fans In Dogecoin Duel
It's up to judges, not arbitrators, to figure out whether contracts between businesses and consumers have subtly superseded earlier agreements to hash out disputes in arbitration rather than litigation, the U.S. Supreme Court ruled Thursday.
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May 22, 2024
Activist Investor Must Face Exxon's Suit Over Proxy Proposal
A Texas federal judge Wednesday refused to dismiss an Exxon Mobil Corp. lawsuit against a U.S.-based activist investor over a now-withdrawn shareholder proposal concerning climate change, saying it isn't certain they won't refile their proposal in the future.
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May 22, 2024
Conn. Judge Doubts Restaurant's Insurance Beef Is Stale
Connecticut's chief intermediate appellate court judge appeared skeptical Wednesday of Liberty Mutual Insurance Co.'s position that a restaurant is barred from suing over the denial of coverage for a worker's hand injury, suggesting that previous litigation over the worker's compensation policy has no bearing on the current suit.
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May 22, 2024
Caterer Says $50M Asiana Airlines Award Must Be OK'd
A catering company has asked a California federal court to enforce its $50 million arbitral award against Asiana Airlines, saying a South Korean court already rejected the carrier's argument that the underlying contract was only signed in exchange for a bribe paid to its disgraced former chairman.
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May 22, 2024
Seattle Sues Train Cos. Over Bike Track-Crossing Suits
The city of Seattle says two short-line railroads have breached agreements to maintain liability insurance and indemnify the city in lawsuits from cyclists injured crossing tracks along a perilous stretch of a popular bike trail, according to a complaint filed in Washington state court.
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May 22, 2024
Antitrust Judge Questions Apple's Phil Schiller On New Fees
A California federal judge deciding whether Apple has complied with her ban on App Store anti-steering rules questioned Apple fellow Phil Schiller on Wednesday on Apple's new program imposing 27% fees on out-of-app transactions, saying "all the new program does is maintain the anti-competitive environment" for the company's benefit.
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May 22, 2024
CBRE Calls Exec's Noncompete Right Fit In A Small World
A Texas appellate court wondered Wednesday whether a temporary injunction that seemingly bars a former CBRE executive from working in his trade anywhere in the world goes too far, and questioned the validity of the underlying noncompete agreement at the center of the legal battle.
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May 22, 2024
Record Co. Worker Can't Appeal Before Nirvana Logo Trial
A former record company employee who claims he created Nirvana's "smiley face" logo can't immediately appeal a ruling denying his ownership claim or delay trial in the band's copyright suit against designer Marc Jacobs International LLC over the logo, a California federal judge has ruled.
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May 22, 2024
NFL Escapes Sanders Statue Spat As Getty Eyes Arbitration
The NFL has escaped a New York federal lawsuit filed by a professional photographer who claims his copyrighted photo was unlawfully used to create a statue of legendary running back Barry Sanders, while Getty Images Inc. hopes to settle through arbitration.
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May 22, 2024
Tax Biz Sues Wayfair In Del. For Unpaid Tax Savings Delivery
Texas-headquartered consultant Ryan Tax Compliance Services LLC on Wednesday sued Wayfair LLC in Delaware's Superior Court, accusing the online consumer goods giant of failing to pay more than $1.8 million in fees after Ryan delivered $7 million in tax payout savings over three years.
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May 22, 2024
Fla. Judge Won't Pause Russian Planes Coverage Suit
A Florida judge on Wednesday refused to pause an aircraft leasing company's coverage suit for $700 million worth of airplanes reappropriated by Russian airlines after the Ukraine war began, denying a request by some of the company's insurers to wait until litigation in the U.K. is resolved.
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May 22, 2024
Wells Fargo Tries 2 Tactics To Get Overdraft Fee Suit Bounced
Wells Fargo is arguing to a South Dakota federal judge that customers suing as a potential class fully knew they were subject to penalties when they bounced checks, and that an arbitration clause obligates them to handle disputes outside court.
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May 22, 2024
Ill. Justices Weigh Zurich's Right To Recover $3M Flood Loss
The Illinois Supreme Court weighed Wednesday whether Zurich American Insurance Co. can recoup $3 million from a subcontractor for water damage repair costs the insurer paid to a general contractor despite Zurich filing suit on behalf of a different insured.
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May 22, 2024
Del. Justices Reverse BitGo-Galaxy Merger Suit Dismissal
Delaware's Supreme Court on Wednesday reversed the dismissal of a lawsuit that cryptocurrency wallet provider BitGo Holding Inc. filed against digital assets firm Galaxy Digital Holdings Inc., remanding the dispute over their broken $1.2 billion merger back to Chancery Court to resolve multiple "ambiguities."
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May 22, 2024
Daughter Sues Over Oil Co. Family's 'Looting Campaign'
Two relatives of Westmore Fuel Co. Inc.'s late co-founder are plundering the company to edge out his successors, the daughter of a co-founder claims in a Connecticut state court complaint aiming to dissolve the firm.
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May 22, 2024
Insurance Co. Says Ex-Underwriter 'Lured' Away Colleagues
An insurance brokerage and its affiliate have accused a former high-ranking company official of decamping for a competitor and encouraging colleagues to follow suit, according to a complaint designated Wednesday to North Carolina Business Court.
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May 22, 2024
Boeing Can't Use Belated Patent Defense In Startup's IP Trial
A Washington federal judge has rejected The Boeing Co.'s last-minute bid to tell a jury that its patents preempt claims it misappropriated an electric jet startup's intellectual property, saying it would be unfair to allow previously unpled affirmative defenses now that the trial is underway.
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May 22, 2024
'Pump-And-Dump' Claims Sputter In 'Disorganized' RICO Suit
A Michigan federal judge on Tuesday freed multiple defendants accused of funding a "pump-and-dump" scheme, saying a company suing over shareholders' alleged $3 million losses couldn't prove that the defendants made any plans together, while taking jabs at both sides' "disorganized" filings.
Expert Analysis
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Transparency And Explainability Are Critical To AI Compliance
Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.
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What Texas Business Court Could Mean For Oil, Gas Cases
While the new business court in Texas might seem an ideal venue for the numerous oil and gas disputes litigated in that state, many of these cases may remain outside its reach under the rules governing the court's jurisdiction — at least for now, say Conrad Hester and Emily Fitzgerald at Alston & Bird.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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SEC Fines Mean Cos. Should Review Anti-Whistleblower Docs
The Securities and Exchange Commission’s expanding focus on violations of whistleblower protection laws — as seen in recent settlements where company contracts forbade workers from reporting securities misconduct — means companies should review their employment and separation agreements for language that may discourage reporting, says Caroline Henry at Maynard Nexsen.
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Sellers Seeking Best Deal Should Focus On Terms And Price
Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Del. Dispatch: Refining M&A Terms After Twitter Investor Suit
The Delaware Court of Chancery's recent decision in Crispo v. Musk — invalidating a merger agreement provision that has been commonly used to disincentivize buyers from wrongful merger termination — should cause target companies to consider new approaches to ensure the payment of lost premium damages, say attorneys at Fried Frank.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Key Shifts In EU, UK Emissions Credits: Challenges For Cos.
An upcoming deadline to apply for free carbon dioxide emissions allowances in the European Union, and a reduction in the supply of similar allowances in the U.K., are likely to increase competition for allowances, and cause production, supply chain and contract issues for companies, say attorneys at Orrick.
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Earnout Contract Considerations After NC Good Faith Ruling
The North Carolina Supreme Court's recent Value Health Solutions v. Pharmaceutical Research decision, holding the implied covenant of good faith and fair dealing did not apply in an earnout dispute related to an asset sale, demonstrates the need for practitioners to pay careful attention to milestone concepts in M&A transactions, says Benjamin Hicks at Wagner Hicks.
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Takeaways From Iran Missile Procurement Advisory
Companies should familiarize themselves with the entities and practices highlighted in the recent multiagency Iran Ballistic Missile Procurement Advisory, to avoid falling prey to deceptive practices that help bad actors evade sanctions, say attorneys at DLA Piper.
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7 NIL Considerations For Brand Deals With Student-Athletes
While the constantly changing laws, rules and regulations for name, image and likeness in collegiate athletics are difficult to navigate, the benefits of a brand's successful NIL marketing campaign can outweigh the challenge of traversing this complex framework, say attorneys at Arnold & Porter.
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M&A Ruling Buoys Loss Calculation Method, R&W Insurance
The recent Southern District of New York decision in Taylor Precision Products v. Larimer affirms the use of EBITDA as a basis to quantify loss, highlighting the potential shortcomings of a traditional seller indemnity compared to representation and warranty insurance, say Mark Schwartz at Lockton, and William O’Neil and Gretchen Scavo at Winston & Strawn.
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How Justices Could Rule On A Key Copyright Statute
Attorneys at Manatt discuss how the U.S. Supreme Court may choose to address a fundamental accrual issue in Warner Chappell Music v. Nealy, which precedents the court may look to in analyzing the issue and the challenges copyright claimants may face going forward.