Commercial Contracts

  • May 30, 2024

    Jury Awards Electric Jet Startup $72M In Boeing IP Case

    A Washington federal jury said Thursday that The Boeing Co. should pay Zunum Aero Inc. $72 million for misappropriating the electric jet startup's trade secrets and souring a deal with a potential investor, in an award partially subject to trebling under state law.

  • May 30, 2024

    Venezuelan Oil Co. Looks To Slip Asset Seizure Suit

    An Oklahoma-based oil drilling company insisted Thursday that the D.C. federal court has jurisdiction to decide claims that the company's Venezuelan subsidiary was illegally expropriated without compensation as Venezuela's state-owned oil company looks to slip the long-running suit.

  • May 30, 2024

    BNSF Says It Owes Tribe Up To $30M For Oil Train Trespasses

    BNSF Railway Co. said Wednesday it should pay a Washington tribe either $10 million or $30 million for years of illegally running oil cars across tribal territory, after a federal judge rejected both the railroad's $7 million and the tribe's $445 million calculations. 

  • May 30, 2024

    Sorority, Ex-Affiliate End Trademark Suit After Mediation

    A sorority and a former affiliate have agreed to scrap a trademark dispute alleging the affiliate continued to use the sorority's name and symbols after their relationship had been severed.

  • May 30, 2024

    StubHub Owes TicketManager $16M For Breach, Jury Says

    A Los Angeles jury has found following a monthlong trial that StubHub owes more than $16 million for breaching its contract with Spotlight Ticket Management, which does business as TicketManager, and interfering in the company's relationship with American Express.

  • May 30, 2024

    Pipe Co. Says Appeals Court Erred In Indemnity Claim Waiver

    A steel pipe manufacturer asked Texas' Supreme Court to scrap an appellate court ruling it waived its ability to challenge a trial court order requiring it to defend another manufacturer in a multimillion-dollar suit over faulty pipes, saying the appellate panel should have concluded the company was challenging the decision.

  • May 30, 2024

    Gas Station Chain Owes Wash. Tax For In-Network Sales

    A Pacific Northwest gas station chain that issued fuel cards to customers must pay the Washington state business and occupation tax when holders of those cards purchase gas from other participating gas station chains, a Washington appeals court panel found, partially upholding the trial court.

  • May 30, 2024

    DOJ's Kanter Says AI Cos. Could Exploit Creators

    The head of the U.S. Department of Justice Antitrust Division, Jonathan Kanter, said Thursday that a lack of competition between artificial intelligence companies could allow them to exploit writers, artists and other content creators.

  • May 30, 2024

    Retired NBA Star Ends Coverage Suit Against BCBS

    Former NBA player Rodney Rogers on Thursday dropped claims that Blue Cross Blue Shield abruptly ended at-home nursing care in violation of his policy but kept the door open to refile the claims.

  • May 30, 2024

    Cher Gets Key Win In Royalty Fight With Sonny Bono's Widow

    The Emmy, Grammy, Oscar and Tony-winning star Cher has now won a key victory in California federal court in a dispute over song royalties with the widow of ex-husband Sonny Bono, with a judge concluding that Mary Bono must continue to pay the female half of Sonny & Cher composition royalties under a 1978 marriage settlement agreement, or MSA, following their 1975 divorce.

  • May 30, 2024

    The 'Not-Postings' Of A Delaware Chancery Court Judge

    Close observers of Delaware's Court of Chancery have recently gotten a new window into the First State's preeminent court of equity: Delaware Vice Chancellor J. Travis Laster, one of seven judges on the court's bench, has recently rejoined LinkedIn.

  • May 30, 2024

    VR Fitness App Ends $353M Antitrust Row With Meta, For Now

    An app developer that sued Meta, Mark Zuckerberg and others seeking $353 million for alleged antitrust violations after the social media platform reneged on a deal to launch the plaintiff's virtual reality fitness app voluntarily dropped his case, for now, according to a notice filed Wednesday in California federal court.

  • May 30, 2024

    King & Spalding Adds Litigation Co-Lead From V&E

    King & Spalding LLP has hired Vinson & Elkins LLP's former commercial litigation group co-lead to join the firm in New York as a partner, the firm announced Thursday.

  • May 30, 2024

    Ex-Fox Rothschild Corporate Chief Accuses Firm Of Age Bias

    The former head of Fox Rothschild LLP's corporate department sued the firm for age discrimination Wednesday in New Jersey state court, saying it slashed his pay to below that of a first-year associate and then forced him out after nearly 30 years of employment there.

  • May 30, 2024

    Ex-Air Cargo Exec Who Took $6.7M In Kickbacks Gets 4 Years

    A Manhattan federal judge sentenced a German-born former air cargo executive to four years in prison Thursday for a decadelong course of corruption in which he personally took over $6.7 million in kickbacks, saying the wealthy defendant acted out of "pure greed."

  • May 30, 2024

    Ex-WWE Worker Pauses Trafficking Claims For DOJ Probe

    A former World Wrestling Entertainment Inc. paralegal has agreed to put her sexual assault and trafficking lawsuit against the company, founder Vince McMahon and a former executive on hold while the U.S. Department of Justice conducts a "nonpublic investigation," the plaintiff's counsel said Thursday.

  • May 30, 2024

    Data Co. Exec, Worker Guilty Of Fraud In Mail Scam Case

    A Colorado federal jury on Thursday convicted two former Epsilon Data Management employees for their roles in selling data to mail scammers who preyed on the elderly and vulnerable.

  • May 29, 2024

    Amazon Shouldn't Escape BIPA Suit, Judge Recommends

    A Washington federal magistrate judge on Wednesday recommended that the court should not toss a suit alleging Amazon.com Inc. collected facial scans of teens playing a popular video game without proper disclosures or consent, saying the plaintiff sufficiently alleges that Amazon knowingly obtained the data and disseminated it.

  • May 29, 2024

    Pot Co. Must Face Calif. City's Counterclaims In License Battle

    A California cannabis company and entrepreneur can't escape counterclaims that they failed to pay fees associated with a commercial license to sell in the city of Baldwin Park — the same municipality whose officials they claim helped swindle him out of nearly $1 million — a federal judge ruled Tuesday.

  • May 29, 2024

    Bankrupt EV Charger Co. Execs Hid Liquidity Woes, Suit Says

    Three current and former executives of bankrupt electric-vehicle charging infrastructure company Charge Enterprises Inc. face an investor's proposed class action claiming the executives concealed a liquidity crisis involving the company's founder and his investment advisory firm that allegedly precipitated Charge's bankruptcy.

  • May 29, 2024

    Russian Subway Franchisee Can't Tank Arbitral Awards

    A Manhattan federal judge said he won't let a Russian Subway franchise owner win its contract dispute with the sandwich giant, instead granting the fast-food chain's petition to confirm two arbitral awards while denying the franchisee's bid to vacate them.

  • May 29, 2024

    Surety Seeks Over $2.75M In Prison Fencing Work Coverage

    A construction surety told a West Virginia federal court Wednesday that subcontractors for a prison fencing project must reimburse it for more than $2.75 million in losses it incurred while settling faulty work claims asserted by the project's general contractor.

  • May 29, 2024

    Celadon Execs Seek Toss Of TA Dispatch Chancery Suit

    Former executives of now-defunct Celadon Group Inc. who sold its business assets a few months before the transport and logistics company went bankrupt told Delaware's Court of Chancery on Wednesday that a lawsuit from the disgruntled Alabama buyer should be dismissed because it lacks specifics and rehashes already-settled claims.

  • May 29, 2024

    Microsoft's Post-Merger Layoffs Cited In I-Told-You-So Appeal

    A private group of gamers is pointing to Microsoft's recent layoffs of 1,900 Activision and XBox employees as evidence of market harms stemming from Microsoft Corp.'s acquisition of Activision Blizzard Inc., as the group seeks to revive a private antitrust suit challenging the merger in the Ninth Circuit.

  • May 29, 2024

    Honeywell Ends Suit Over $8.75M Bond For Army Base Work

    A Pennsylvania federal court has approved a request from Honeywell International Inc. to drop its lawsuit over an $8.75 million performance bond whose issuer allegedly balked at paying to replace a bankrupt subcontractor for a long-delayed job at the Tobyhanna Army Depot.

Expert Analysis

  • New Legal Frameworks Are Instrumental For AI In Music

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    As artificial intelligence encroaches — or complements — the deeply human art of music making, creating harmony between law and technology will require all stakeholders in the music industry to provide input on intellectual property and ethical concerns, say Ariela Benchlouch and Gai Sher at Greenspoon Marder.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • Rethinking Tech Contract Terms For Governance Of AI Use

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    Traditional considerations in technology deals are often inadequate for governing artificial intelligence use, which means lawyers should revisit and reimagine existing terms across the full spectrum of relevant contracts, ranging from procurement agreements and data licenses to customer agreements, say Marina Aronchik and Samuel Hartman at Mayer Brown.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Best Practices For Defense Tech Startup Financing

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    Navigating the expanding and highly regulated defense technology sector requires careful planning and execution, starting at incorporation, so startups should prepare for foreign investor issues, choose their funding wisely and manage their funds carefully, say attorneys at WilmerHale.

  • Questions Linger Over Texas Business Court's Jurisdiction

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    If parties to a case in Texas' new business court do not agree on whether the court has supplemental jurisdiction over their claims, then those claims may proceed concurrently in another court — creating significant challenges for litigants, and raising questions that have yet to be answered, says Ryan Sullivan at Reichman Jorgensen.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Harvard's Broker Fight Shows Active Risk Management Is Key

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    Harvard University’s recently filed suit against its insurance broker for alleged malpractice in handling the Students for Fair Admissions claim illustrates that risk management requires the concerted effort of policyholders, brokers and insurers to protect against disastrous losses, say William McMichael and David Klein at Pillsbury.

  • Transparency And Explainability Are Critical To AI Compliance

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    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.

  • What Texas Business Court Could Mean For Oil, Gas Cases

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    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.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    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.

  • SEC Fines Mean Cos. Should Review Anti-Whistleblower Docs

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    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.

  • Sellers Seeking Best Deal Should Focus On Terms And Price

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    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.

  • General Counsel Need Data Literacy To Keep Up With AI

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    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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