Commercial Contracts

  • March 06, 2024

    Wash. High Court Takes Up Nu Skin Distributor Dispute

    The Washington State Supreme Court will review whether a contract clause forces Nu Skin Enterprises Inc. distributors to go to Utah to settle claims that the multilevel marketing company harms consumers and violates a Washington law against pyramid schemes.

  • March 06, 2024

    Mistrial Bid Fails After $7B Sibling Rivalry Real Estate Verdict

    A California judge denied a motion for a mistrial Wednesday from a man who a jury found wrongly froze his brothers out of their multibillion-dollar real estate empire, finding the court did not err in limiting the defense's closing arguments for violating a discovery order.

  • March 06, 2024

    'Larger' Airlines Didn't Help Flyers, DOJ Tells 1st Circ.

    The U.S. Department of Justice has assailed American Airlines for pressing its appeal over its since-nixed Northeast Alliance with JetBlue, telling the First Circuit that just because the deal made the airlines "larger" doesn't mean it helped consumers as the airline claims or that a district court gave potential benefits short shrift.

  • March 06, 2024

    6th Circ. Orders Do-Over For Insurer's $3.3M Recoupment Row

    A Sixth Circuit panel on Tuesday revived a Chubb unit's bid to recoup costs from two other insurers after it helped windshield repair company Safelite pay for its defense against a competitor's suit, saying the lower court must conduct an analysis to determine whether the other carriers were prejudiced by late notice.

  • March 06, 2024

    Choice Can Confirm Award Over $61M In Franchisee Claims

    Choice Hotels has been ordered to pay a roughly $780,000 arbitration award after dozens of South Asian franchisees earlier fought the hotel chain's bid to arbitrate their claims that a vendor kickback scheme cost them $61 million.

  • March 06, 2024

    Co. Says Chubb Unit Must Cover $5M Merger Dispute Defense

    A holding company subsidiary of Banco Santander told a Delaware federal court that a Chubb unit must contribute to $5 million in legal expenses the company has incurred in defending itself in an underlying class action brought by minority shareholders who objected to a merger with another subsidiary.

  • March 06, 2024

    Fla. Judge Relieves Insurer Of $1M Construction Defect Row

    An insurer has no obligation to defend or indemnify a general contractor or subcontractor in an over $1 million faulty construction dispute, a Florida federal judge ruled, finding that the subcontractor's policies contained an unambiguous "residential construction" exclusion that clearly barred coverage.

  • March 06, 2024

    Sewer Deal Kept On Ice During Appeal In Philly Suburb's Ch. 9

    A Philadelphia bankruptcy judge Wednesday rejected a utility's latest effort to lift the automatic stay triggered by the City of Chester's Chapter 9 bankruptcy, which has delayed a $276.5 million sewer sale, saying it would require her to answer questions that are on appeal from a similar motion she nixed last year.

  • March 06, 2024

    Power Co. Can't Escape Explosion Fraud Claim

    An infrastructure supply company can't toss a fraud claim brought by an industrial company's insurers in a suit seeking to recoup $18.7 million in damages for a manufacturing facility explosion, an Ohio federal court ruled, finding that the carriers can bring both a breach of contract claim and a fraud claim.

  • March 06, 2024

    Texts Constituted Contract In $7.7M Fertilizer Fight, Judge Says

    A Florida federal court ordered a global fertilizer seller to pay a Brazilian client $7.7 million, finding that the company breached an agreement that was partially negotiated over WhatsApp to sell 45,000 metric tons of ammonium sulfate.

  • March 06, 2024

    DC Circ. Sticks By FERC In Nebraska Utility Charge Fight

    The D.C. Circuit stood by its early January decision backing the Federal Energy Regulatory Commission's rejection of a Lincoln, Nebraska, public utility's proposal to recover costs from customers located in the same area as its generation and transmission source.

  • March 06, 2024

    DLA Piper Adds Environmental Credit Atty To NY Energy Team

    DLA Piper has hired an energy attorney whose specialties include environmental credits, advising clients on energy regulatory matters and working with a range of carbon-specific investment structures, the firm announced Tuesday.

  • March 05, 2024

    Judge Skeptical Of Dallas Developers' RICO Argument

    A Texas federal judge on Tuesday dug into an argument by real estate entities associated with a Dallas developer, saying she "didn't just fall off the turnip truck" in response to the plaintiff's counsel detailing the nuances of real estate litigation.

  • March 05, 2024

    Court Has No Cause To Deny Casino Land Request, Tribe Says

    A Michigan tribe urged the D.C. Circuit to reverse a lower court's ruling blocking it from acquiring land for two casino developments, arguing there's no dispute it bought the land to generate gaming revenue and that the Supreme Court and Congress have recognized its endeavor.

  • March 05, 2024

    Chinese Movie Tycoon Slapped With Fees In $500M Award Suit

    A New York federal judge ordered an "impenitent" Chinese cinema magnate on Tuesday to reimburse three investors about $160,000 in attorney fees after he repeatedly ignored discovery orders issued in a case to enforce arbitral awards now worth more than $500 million against him.

  • March 05, 2024

    'Oh No': Surprise Document Roils $7B Real Estate Trial

    A man facing potentially billions in punitive damages for a California jury's verdict that he froze his brothers out of a lucrative real estate business pulled out a paper while testifying Tuesday and tried to hand it to the judge, saying it would help prove he is not a billionaire.

  • March 05, 2024

    Penn Perpetuates 'Virulent Anti-Jewish Hatred,' Students Say

    The University of Pennsylvania has fostered a culture of antisemitism that has only escalated since Hamas-led killings in Israel on Oct. 7, according to an amended federal complaint accusing the school of cultivating a "pervasively hostile educational environment."

  • March 05, 2024

    Wash. Appeals Judges Balk At Pot Investor's 2nd Fraud Suit

    A three-judge panel of Washington state appeals court judges appeared frustrated Tuesday with an investor who permanently dropped a fraud case against partners in a failed cannabis venture but then filed related claims in a neighboring county, questioning how he could argue he needed to wait for the second salvo to ripen when an email explicitly states otherwise.

  • March 05, 2024

    Pot Co. Partner Questioned On Why $140M Award Was Unfair

    A Colorado appeals judge seemed to doubt that a trial court correctly threw out a $140 million arbitration award in a dispute between partners in a cannabis business, pressing the target of the tossed award to prove the arbitrator was so unfair that his decision should be erased.

  • March 05, 2024

    Google Keeps Win In 'Lockbox' Privacy Suit At 9th Circ.

    A Ninth Circuit panel on Tuesday refused to revive a proposed class action alleging that Google's "Lockbox" program secretly collected information about Android owners' non-Google app use, saying Google clearly disclosed in its privacy policy that it tracks activity in third-party apps.

  • March 05, 2024

    Gibson Dunn AI Leader On Weathering The AI Policy Blizzard

    Like a mountaineer leading a team through a snowstorm, Gibson Dunn & Crutcher LLP's artificial intelligence co-chair Cassandra L. Gaedt-Sheckter is guiding companies developing and using artificial intelligence through a blizzard of new laws and regulations coming online in Europe and the U.S., saying that assessing AI risks is the North Star to mitigating them.

  • March 05, 2024

    CVS Again Defeats NY AG's Drug Rebate Tying Claims

    A Manhattan judge on Tuesday threw out a second New York attorney general lawsuit accusing CVS Pharmacy Inc. of illegally forcing underserved hospitals to use its claims-processing subsidiary for federal drug reimbursements, saying the government still hasn't pled viable antitrust claims.

  • March 05, 2024

    11th Circ. Told Fla. Rental Car Co. Imposed Deceptive Fees

    A group of consumers urged a panel of the Eleventh Circuit on Tuesday to reverse a lower court's dismissal of their $5 million class action against a Florida rental car business, alleging the company violated its own terms after charging deceptive damaged vehicle costs when repairs weren't actually made.

  • March 05, 2024

    Security Co. Off The Hook For Guard Dozing During Auto Theft

    A Michigan state judge threw out a logistics company's suit accusing a contracted security guard of dozing off while eight of its vehicles were stolen, ruling the company never specified what exactly it wanted guards to do on the clock.

  • March 05, 2024

    Express Scripts Gets Pharmacy's Contract Breach Suit Cut

    A Missouri federal judge tossed out two claims in a five-count suit accusing Express Scripts of conducting a faulty audit on a New York pharmacy and then wrongfully terminating their contract, saying the pharmacy can't sue under two laws it cited.

Expert Analysis

  • NY, NJ Regs Give Clarity To Cannabis Investors, Ancillaries

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    Proposed laws and regulations in New York and New Jersey would clarify some previously murky legal waters, thus expanding the ability of investors, lenders and ancillary service providers to work with marijuana business in these states, say David Waxman and Heidi Urness at McGlinchey Stafford.

  • What Revised FTC Guides Mean For Influencer Campaigns

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    The Federal Trade Commission’s recent updates to its endorsement guides will affect influencer campaigns in several key ways, including how and when influencers should make disclosures, and how companies should manage campaigns, says Gonzalo Mon at Kelley Drye.

  • IP Toolbox Is Crucial In AI-Powered Drug Discovery

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    The era of using artificial intelligence for drug research and development demands a new kind of vigilance around intellectual property rights, as drug discovery companies embark on collaborations with large pharmaceutical companies, say Sonal Agarwa and Shabbi Khan at Foley & Lardner.

  • 5 Ways Firms Can Rethink Office Design In A Hybrid World

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    As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

  • How To Avoid Flopping When Flipping Fla. Real Estate

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    As land prices rise, Florida real estate developers are increasingly contracting to flip property to other purchasers for a profit, and they should carefully consider the unique risks and issues associated with the different forms that the process can take, says Gary Kaleita at Lowndes.

  • New Law Will Upend Washington's CBD Industry

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    Though many questions remain on a Washington law set to go into effect this month that will require retailers to obtain licensure to sell federally legal CBD, the statute’s economic impacts are sure to be enormous, says Jack Scrantom at Harris Bricken.

  • Opinion

    Bar Score Is Best Hiring Metric Post-Affirmative Action

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    After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

  • Ghosting In BigLaw: How To Come Back From Lack Of Feedback

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    Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

  • Would Biden Airline Service Order Raise 'Major Questions'?

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    President Joe Biden's recent pledge to require airlines to compensate passengers for delays and cancellations could run afoul of the U.S. Supreme Court's recently expounded "major questions" doctrine — but that will depend on what kind of action the administration takes, and how federal courts choose to apply the doctrine, says Roger Clark at Signature Resolution.

  • Steps To Success For Senior Associates

    Excerpt from Practical Guidance
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    Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

  • Legal Profession Must Do More For Lawyers With Disabilities

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    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

  • Collaborative Cos. Should Consider Relational Contract Model

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    Though containing similar components to a traditional contract, relational contracts include relationship-building elements to help guide disputes and keep interests aligned, and can help companies establish strong, long-lasting partnerships built on trust, collaboration and mutual success, say attorneys at Greenberg Traurig.

  • Opinion

    Appellate Funding Disclosure: No Mandate Is Right Choice

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    The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

  • A Clearer Path To Speedy Guaranty Litigation In NY Courts

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    Recent cases indicate that New York's Appellate Division, First Department, is shifting its stance regarding when agreements with both monetary and nonmonetary obligations qualify for expedited litigation, and highlight best practices for drafting guarantees and notes, say Joshua Kopelowitz and Bansari Sheth at Fox Rothschild.

  • Health Care Info Blocking Rule Changes To Watch For

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    As the Office of the National Coordinator for Health Information Technology proposes certain revisions to the federal information blocking rules, health IT developers should be aware of the potentially beneficial changes to come, but frustrated stakeholders continue to endure the current environment while awaiting the final enforcement rules, say attorneys at Sheppard Mullin.

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