Commercial Contracts

  • November 22, 2024

    Navajo Co. Dismisses Case Alleging Paralegal Took Docs

    A natural resources company owned by the Navajo Nation has dismissed a lawsuit against a paralegal it accused of failing to turn in her computer for removal of its privileged documents, after the paralegal said she had already arranged to surrender her device before the lawsuit was even filed.

  • November 22, 2024

    1st Circ. Affirms Volvo Win In Dealers' Maintenance Pay Suit

    The First Circuit affirmed a pretrial win granted to Volvo in a suit brought by two dealerships claiming the carmaker was underpaying them for maintenance they perform under prepaid service plans.

  • November 22, 2024

    Off The Bench: NBA Ices Media Flap, Paul-Tyson Netflix Suit

    In this week's Off The Bench, the NBA settles a high-profile suit regarding its new media rights deal, and Netflix's buggy presentation of the Mike Tyson-Jake Paul fight draws a proposed class action.

  • November 22, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen cash-strapped Thurrock Borough Council bring a £40 million ($50 million) negligence claim against 23 other local authorities over its solar investments from a not-for-profit local government body, AstraZeneca sue a fire safety company following a blaze at its Cambridge headquarters last year, and a director who was convicted in 2016 for corporate manslaughter face action by Manolete Partners. Here, Law360 looks at these and other new claims in the U.K.

  • November 21, 2024

    Sports Site Gets Video Privacy Suit Moved To Arbitration

    A California federal judge has sent to arbitration a putative class action accusing a high school sports streaming service of unlawfully sharing users' video-viewing information with third parties such as Meta Platforms Inc., finding that the plaintiff had agreed to these terms when he first signed up for an account on the site. 

  • November 21, 2024

    Cherokee Look To Block Voter Group In Casino Mandate Row

    Two Cherokee Nation businesses suing Arkansas over a constitutional amendment revoking one of the tribal entities' casino gambling licenses want a federal judge to deny a bid to intervene in their suit by the group responsible for placing a ballot question before voters that repealed the license.

  • November 21, 2024

    Feds Coined 'Catchphrase' To Convict LA Pol, 9th Circ. Told

    Mark Ridley-Thomas' attorney on Thursday urged the Ninth Circuit to overturn the former California politician's bribery conviction for scheming to indirectly donate $100,000 to his son's nonprofit and secure him a university position, saying prosecutors coined the "catchphrase" "funneling" to obfuscate that no bribe actually occurred.

  • November 21, 2024

    Weed Co. Must Pay $5M To Entrepeneur In Investor Dispute

    A marijuana consulting firm must pay $5 million to a former business partner after allegedly derailing plans to purchase a marijuana grow facility in Michigan by convincing the main investors to put their money into a Colorado weed business instead.

  • November 21, 2024

    Settlement Doesn't Void Injury Coverage Ruling, Judge Says

    A Colorado federal court refused to set aside its September ruling that an oil and gas production company isn't owed coverage by an electrical drilling company for a worker's underlying injury lawsuit, saying the parties' settlement negotiations don't justify vacating a valid court order.

  • November 21, 2024

    Nurse Staffing Exec Can't Trim Fraud Charge In Antitrust Case

    A Nevada federal court has refused to dismiss fraud charges against a home healthcare staffing executive accused of fixing nurses' wages and hiding a probe of the scheme when selling the business, and also refused to exclude statements the executive made during an FBI interview.

  • November 21, 2024

    NBA Veteran Who Cooperated In $5M Fraud Case Avoids Jail

    A Manhattan federal judge on Thursday allowed former NBA center Melvin Ely to avoid prison for taking $36,000 of illegal payouts in pro basketball's $5 million health billing fraud ring, crediting his decision to cooperate in the sprawling criminal case.

  • November 21, 2024

    Rebel Wilson Unlikely To Duck 'The Deb' Defamation Suit

    A Los Angeles judge suggested Thursday that he'll likely keep alive a defamation suit accusing actress Rebel Wilson of spreading baseless lies about producers of the musical film "The Deb," saying it seems the matter is a "private business dispute" not protected by California's anti-SLAPP statute.

  • November 21, 2024

    Bettor Wants Class Cert. In Suit Over DraftKings' Voided Bet

    A man suing DraftKings over a canceled NBA wager he says would have put $150,000 in his pocket has asked an Indiana federal court to certify a class of 99 bettors, including himself, affected by the axed transaction.

  • November 21, 2024

    $1.5M Georgetown Tuition Refund Deal Closer To Final OK

    A D.C. federal judge appears poised to give final approval to a $1.5 million settlement resolving claims over Georgetown University's move to remote instruction during the COVID-19 pandemic, but his skepticism that a graduate student outside the settlement class should score a $1,000 service award dissuaded him from granting final approval Thursday.

  • November 20, 2024

    Canadian Court Revives Award In $7M Coffee Franchise Fight

    An appeals court in Ontario has revived a CA$10 million ($7.1 million) arbitral award issued in a franchising dispute stemming from the expansion of an Israeli coffee bar chain into Canada, rejecting a lower court's conclusion that the arbitrator had breached his duty of disclosure.

  • November 20, 2024

    NC Judge Trims Suit Against Investor Over Fla. Restaurant

    A North Carolina state court judge has trimmed a lawsuit that a restaurateur brought against an investor over funding of a restaurant in the heart of Miami Beach, dismissing claims of breach of settlement agreement, fraudulent inducement and deceptive trade practices but declining to toss the complaint altogether.

  • November 20, 2024

    Wash. Judge Questions Startup's Amazon Antitrust Claims

    A Washington federal judge on Wednesday suggested that antitrust claims might not survive in a startup's complaint against Amazon Web Services involving a dispute over higher-speed internet connections in the Middle East that allowed the startup to cater to its customer Epic Games.

  • November 20, 2024

    Attys Get $9K After Seeking $578K For Defending Safeway

    A California federal judge awarded about $8,800 in fees to two firms that requested $578,000 after defending Safeway from a contractor's 2021 lawsuit, saying Wednesday that the figure shouldn't come as a surprise because the attorneys simply pointed to a request-for-proposal document to defeat the suit's breach of contract allegations.

  • November 20, 2024

    Gas Bill Challenge Finds Little Purchase With Colo. Justices

    Colorado Supreme Court justices questioned Wednesday why a state regulator-backed plan to charge customers for extra natural gas ahead of a snowstorm was unreasonable, appearing to dash a company's challenge to its utility bill.

  • November 20, 2024

    Colo. Justices Doubtful Students' COVID Fee Suit Will Survive

    Colorado's justices were skeptical Wednesday that Colorado State University students seeking fee refunds for coronavirus campus shutdowns can bring an unjust enrichment claim, with one justice saying the students' attorney is advocating for an "enormous" extension of existing law.

  • November 20, 2024

    10th Circ. Questions Sunoco Bid To Nix $180M Royalty Ruling

    Tenth Circuit judges on Wednesday weighed Sunoco Inc.'s latest bid to undo a $180 million judgment for withholding late interest payments on oil royalties to Oklahoma landowners, and sharply questioned the company's argument that the class action should never have been certified.

  • November 20, 2024

    10th Circ. Side-Eyes Gas Royalty Claims Against Chevron Unit

    Tenth Circuit judges on Wednesday seemed skeptical of a Colorado oil and gas company's class claim that a Chevron Corp. subsidiary owes it a royalty payment on infrastructure improvements undertaken by a third company.

  • November 20, 2024

    German Tesla Supplier Says Mich. Is Wrong Venue For Parts Suit

    A German auto parts supplier referenced Elon Musk's diverse business ventures in an attempt to convince a Michigan federal judge Wednesday that it doesn't belong in a lawsuit over one of its North American affiliates' alleged breach of a supply contract for Tesla vehicles, arguing the foreign entity has no ties to the Wolverine State.

  • November 20, 2024

    Yacht Owner Seeks Trial In Highway Damage Case

    Yacht owner Max Zach Corp. urged a Connecticut federal court to reject bids from a North Carolina boat repair shop and a trucking company to toss its suit seeking damages after a New Jersey highway crash destroyed its $750,000 vessel, arguing a jury must sort out fact questions about the ultimate value of its modified boat and other questions about storage costs.

  • November 20, 2024

    Conn. Trial Firm's Dissolution Is In Disarray, CEO Tells Judge

    The windup of Connecticut Trial Firm LLC is "in complete controversy" and must be submitted to arbitration, CEO Ryan C. McKeen has told a state Superior Court judge, saying his onetime 50-50 partner, Andrew P. Garza, committed "self-dealing, waste and abuse" to benefit his new firm, Claggett Sykes & Garza LLC.

Expert Analysis

  • How Employers, Attorneys Can Respond To Noncompete Ban

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    As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • CFPB's Expanding Scope Evident In Coding Bootcamp Fine

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    The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.

  • 4 Arbitration Takeaways From High Court Coinbase Ruling

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    The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • The Effects Of New 10-Year Limitation On Key Sanctions Laws

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    Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.

  • Supply Chain Considerations For Companies Deploying AI

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    Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Key Lessons From Recent Insurance Policy Reform Litigation

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    A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.

  • Compliance Considerations For New Data Protection Law

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    Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.

  • 2nd Circ. Ruling Affirms NY Law's Creditor-Friendly Approach

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    The Second Circuit’s recent ruling in 245 Park Member v. HNA International provides creditors with some reason for optimism that debtors in New York may face rejection in court for aiming to keep creditors at arm’s length by transferring personal assets into an LLC, says Jeff Newton at Omni Bridgeway.

  • Diving Deep Into Sweeping NY Financing Bill — And Its Pitfalls

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    A New York bill seeking to impose state usury limits onto a broader variety of financing arrangements and apply lender licensing requirements to more diverse entities would present near-insurmountable compliance challenges for lenders and retailers, say Kate Fisher and Tom Quinn at Hudson Cook.

  • When Oral Settlements Reached In Mediation Are Enforceable

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    A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.

  • What Transactional Attys Must Know About Texas Biz Courts

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    As Texas prepares to launch its new business courts, transactional attorneys — especially those involved in commercial, securities and internal governance matters — should keep several issues in mind when considering use of the state's business court system to facilitate deals and settle disputes, say attorneys at Katten.

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