Commercial Contracts

  • September 12, 2024

    6th Circ. Says Food Transporter Illegally Shuttered Warehouse

    A bulk food delivery contractor for grocery giant Kroger violated federal labor law when it closed its Louisville, Kentucky, terminal after a union representation election and fired employees, the Sixth Circuit has ruled, upholding a National Labor Relations Board decision.

  • September 12, 2024

    Jones Foster Defeats Bid To Revive Fla. Malpractice Suit

    A Florida federal judge on Thursday shot down a bid from onetime clients of Jones Foster PA to revive their malpractice lawsuit against the firm over its handling of trust litigation and ordered them to pay the firm more than $140,000 for unpaid legal fees. 

  • September 12, 2024

    Beasley Sues Fellow Talc Firms Over Joint Venture Gone Awry

    Beasley Allen is going after its law firm partner in a joint venture that has represented thousands in talcum powder litigation against Johnson & Johnson, claiming in a new federal lawsuit that the firm is partially responsible for more than $1 million in owed expenses and, driven by its own financial woes, has unilaterally been negotiating with the pharmaceutical giant to the detriment of clients.

  • September 12, 2024

    Tesco Ruling Puts Employers On Notice: Keep Your Promises

    A rare injunction issued by the U.K. Supreme Court on Thursday is a warning to employers to stick to what they promised in a contract — but lawyers say it does not prevent bosses from firing staff and rehiring them on worse terms.

  • September 12, 2024

    Lloyd's To Overhaul Rules In Crackdown On Misconduct

    Lloyd's of London on Thursday floated new rules to tackle non-financial misconduct after the specialist insurance market suffered reputational damage from accusations of misogyny and bullying.

  • September 11, 2024

    Litigation Spending To Rise As Cases Grow More Aggressive

    A substantial number of large companies are expecting to increase their litigation spending by double digits next year in the face of more complex and hard-fought cases — and they are more open to bringing in new legal talent to navigate the matters, according to a report released Thursday. 

  • September 11, 2024

    FTC Fights Pa. Noncompete Ban Challenger's Pause Bid

    The Federal Trade Commission on Wednesday urged a Pennsylvania federal judge to reject a tree service company's bid to pause its challenge of the agency's noncompete ban, arguing that another district court's decision to set the ban aside nationwide doesn't justify a stay because the agency is mulling an appeal.

  • September 11, 2024

    Uber, Postmates Ask Justices To Address AB 5 Classifications

    Postmates and Uber urged the U.S. Supreme Court to reverse the Ninth Circuit's decision dismissing their constitutional challenge to California's worker classification law, arguing that A.B. 5 singles them out and strips them of equal protection under the law, according to their petition to the high court.

  • September 11, 2024

    Fla. Panel Told ACC's Suit Against FSU Must Play Out First

    The Atlantic Coast Conference told a Florida appellate panel Wednesday that a lower court should have paused Florida State University's complaint over sports media rights while a similar lawsuit the ACC brought first in North Carolina proceeds, saying it'll suffer irreparable harm if both actions proceed at the same time.

  • September 11, 2024

    Phelps Dunbar Recruits 6 Litigators In Raleigh

    Phelps Dunbar LLP has hired six lawyers in Raleigh to serve the business and litigation needs of companies in North and South Carolina, adding strength in health care, construction, employment and intellectual property.

  • September 11, 2024

    Mars Can't Claim For Contaminated Ice Cream, Supplier Says

    A food supplier has denied owing confectionery giant Mars Wrigley £1.1 million ($1.4 million) after ice cream became contaminated with an allegedly hazardous pesticide, claiming it didn't need to check for the substance.

  • September 11, 2024

    Solaris Sues Binance For €144M After Debit Card Deal Axed

    Online banking group Solaris has sued Binance in London for €144 million ($159 million) it claims to be owed in guaranteed fees after the cryptocurrency exchange operator terminated an agreement for the provision of debit cards to customers of Binance companies. 

  • September 11, 2024

    No Dice: Ex-Studio Mogul Slams Casino's Retooled Debt Suit

    A former Hollywood studio bigwig saddled with a gambling debt lawsuit has told a Connecticut state court that Mohegan Tribal Gaming Authority is relying on an invalid contract to support its breach claim.

  • September 11, 2024

    Jones Day Litigators Jump To Holland & Knight In Mexico City

    Holland & Knight LLP has hired two lawyers from Jones Day for its Mexico City office, where they will handle a sharp increase in litigation and arbitration cases in the country.

  • September 10, 2024

    Miami-Dade Lied To Get Out Of Deal, Water Park Co. Says

    A Florida company claimed a state court lawsuit brought by Miami-Dade County falsely alleges it caused the U.S. National Park Service to skip a required assessment of land owned by the local zoo, saying officials used that as an excuse to rescind a lease for a water park project.

  • September 10, 2024

    Buyer Says Waste Facility Co. Owes $450M Over Trashed Plan

    Energy and waste management firm Reworld Waste, a Covanta Energy successor, is facing a $450 million lawsuit from a Connecticut company alleging Reworld sabotaged its plan to develop an environmentally friendly trash incineration facility in the town of Wallingford.

  • September 10, 2024

    Boxing Biz Denies Agreeing To Co-Promote Axed Tournament

    A boxing promoter has denied damaging the reputation of a rival after failing to pay it for co-promoting a tournament that had to cancel its finals, claiming it never entered a $1.2 million deal to promote and exploit bouts between fighters with huge internet followings.

  • September 10, 2024

    Fannie Says Pa. Landlords Owe $60M For 7 Apt. Buildings

    Fannie Mae is seeking foreclosure on roughly $60 million in overdue mortgage loans and interest tied to seven commercial properties in and around Philadelphia, according to a complaint filed in Pennsylvania federal court.

  • September 10, 2024

    Cybersecurity Co. Beats Suit Over Med Tech Data Breach

    A Massachusetts federal judge declined to hold information security technology company Barracuda Networks Inc. liable over a 2018 data breach that exposed the confidential information of more than 277,000 patients of medical device maker Zoll Medical Corp.

  • September 10, 2024

    Symbion Claims 'Serious Defects' In Power Plant Arbitration

    A U.S. power engineering company has urged a New York federal court to rip up an arbitral award issued over a sourced project in Madagascar, arguing that the process was tainted by "a myriad of serious defects" that led to an unfair decision.

  • September 10, 2024

    Holland & Knight Grows In DC With Ex-IDB Invest Counsel

    A former lead counsel with development bank IDB Invest has joined Holland & Knight LLP in Washington, D.C., boosting the firm's financial services team and its Latin American practice.

  • September 10, 2024

    Phone Maker Vivo Joins Via LA's Audio Patent Licensing Pool

    Via Licensing Alliance said Tuesday it has inked a deal with Chinese smartphone maker Vivo to join its patent pool for standardized audio coding technology.

  • September 10, 2024

    Paul Hastings Taps Capital Markets Pro From Davis Polk

    Paul Hastings LLP has hired a prominent capital markets transactions expert as a partner at its London office as it looks to boost its global practice, which it has identified as a priority.

  • September 09, 2024

    Lewis Brisbois Denied Early Win In Real Estate Broker's Suit

    A Los Angeles judge on Monday declined to dismiss a breach of contract suit brought against Lewis Brisbois Bisgaard & Smith LLP by a real estate broker, saying that although he has some problems with the pleadings, they meet the standard to survive the law firm's demurrer. 

  • September 09, 2024

    NC Dance Teachers Fend Off Injunction Bid In Trademark Feud

    A North Carolina charter school can't prevent two former teachers from soliciting students for their dance team using the name "Inspire" amid claims of trademark infringement and false advertising, a federal judge ruled Monday.

Expert Analysis

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Mitigating Risks Amid 10-Year Sanctions Enforcement Window

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    In response to recent legislation, which doubles the statute of limitations for actions related to certain U.S. sanctions and provides regulators greater opportunity to investigate possible violations, companies should take specific steps to account for the increased civil and criminal enforcement risk, say attorneys at Freshfields.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • Keys To Strong Parking, Storage Contracts For NYC Buildings

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    Drafting and enforcing unambiguous parking and storage unit license agreements are essential tasks for co-op and condo boards in New York City, with recent cases highlighting how prudent terms can minimize potential headaches, say Matthew Eiben and Adam Lindenbaum at Rosenberg & Estis.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Series

    After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy

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    While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.

  • Expect The Unexpected: Contracts For Underground Projects

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    Recent challenges encountered by the Mountain Valley Pipeline project underscore the importance of drafting contracts for underground construction to account for unexpected site conditions, associated risks and compliance with applicable laws, say Jill Jaffe and Brenda Lin at Nossaman.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Anticipating Disputes In Small Biz Partnerships And LLCs

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    In light of persistently high failures of small business partnerships and limited liability companies, mediator Frank Burke discusses proactive strategies for protecting and defining business rights and responsibilities, as well as reactive measures for owners.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.

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