Commercial Contracts

  • June 06, 2024

    North Carolina AG Narrows Target In Hospital Contract Suit

    The North Carolina Attorney General's office has agreed to drop for-profit hospital network HCA Management Services from a lawsuit over allegedly unsafe and unsanitary conditions at its Asheville hospital, although an affiliate remains as a defendant, according to a joint stipulation in the state Business Court.

  • June 06, 2024

    Law Firms Accused Of Missing 'Red Flags' In NJ Fraud Deal

    A legal malpractice suit filed in New Jersey state court accuses Rivkin Radler LLP and Kunstlinger Law Firm LLC of costing clients millions of dollars by failing to detect "obvious 'red flags'" amid a fraudulent business deal.

  • June 05, 2024

    Denver Nuggets Owner Says Hot Dog Biz Owes $860K

    Billionaire Stan Kroenke's sports holding company, which owns the Denver Nuggets and other professional sports teams, sued a Denver-based hot dog shop chain in state court, alleging the food vendor owes more than $860,000 in sponsorship fees as part of a deal to promote its brand at Ball Arena during sporting events.

  • June 05, 2024

    Bank Shareholders Say Venezuelan Takeover Cost Them $27M

    Shareholders in a small Miami bank told jurors Wednesday that board members working for the Venezuelan government had taken control of the bank and cost shareholders $27 million by engaging with the sanctioned Venezuelan government.

  • June 05, 2024

    Kanye West Faces Sex Harassment Suit By Ex-Assistant

    Kanye West repeatedly sexually harassed a woman who worked as his assistant by sending her inappropriate and profane texts and forcing her to watch him masturbate, according to a lawsuit filed in Los Angeles County Superior Court against the rapper and some of his companies. 

  • June 05, 2024

    9th Circ. Won't Review Cathay Pacific Ticket Refund Fight

    The Ninth Circuit on Wednesday refused to reconsider its decision ordering a couple who were left stranded in the Philippines during the height of the COVID-19 pandemic to arbitrate their breach of contract dispute with Cathay Pacific Airways under their contract with a third-party booking site.

  • June 05, 2024

    Judge Denies Fubo Bid For Texts On Streaming Bundle

    A New York federal judge on Wednesday denied FuboTV's bid to obtain text messages from executives at Disney, ESPN, Fox and Warner Bros. Discovery discussing the joint venture streaming plan at the heart of Fubo's ongoing antitrust suit.

  • June 05, 2024

    Axos Says Money Market Account Suit Should Be Arbitrated

    Axos Bank has urged a California federal judge to either toss or force into arbitration a proposed class action alleging it reclassified customers' high-yield money market accounts into lower-yield investment accounts without informing them, saying federal law allows banks to offer accounts with variable rates that the bank can change at its discretion.

  • June 05, 2024

    Aluminum Co. Seeks Reversal Of $10M Coverage Cap

    An aluminum supplier is urging the Fourth Circuit to reverse a lower court's ruling capping its damages at $10 million because of a molten material endorsement, arguing that the fire and water damage it sustained is separate and not subject to any sublimit or exclusion.

  • June 05, 2024

    Texas Tamale Co. Wins Partial Injunction In Trademark Case

    A Texas federal magistrate judge has found that a Fort Worth tamale outfit called Texas Lone Star Tamales can't use certain phrases in its advertising but limited some language in a requested injunction.

  • June 05, 2024

    Microsoft Blasts Gamers' Bid To Add To Activision Appeal

    Microsoft Corp. says the Ninth Circuit should reject a "bevy of additional, extra-record 'facts'" seeking to hold up the recent layoffs of 1,900 Activision and Xbox employees as proof that the tech giant's acquisition of Activision Blizzard Inc. was anticompetitive.

  • June 05, 2024

    Synchrony Charges Were Unlawful 'Veteran Penalty,' Suit Says

    Synchrony Bank was hit with a proposed class action accusing it of promoting a misleading 0% interest rate for veterans and failing to disclose that the bank applies retroactive high interest rates on service members' outstanding balances when they leave duty.

  • June 05, 2024

    Toshiba Unit CEO Can Be Deposed In $500M Mich. Plant Suit

    The leader of a Toshiba Corp. subsidiary can be deposed in a lawsuit from Michigan energy companies alleging Toshiba's overhaul on a plant was shoddy and will cost more than $500 million to fix, as a Michigan federal judge has found the executive has relevant knowledge about the defective work.

  • June 05, 2024

    French Bulldog Breeder Says Partner Conned Her Out Of $95K

    A woman has told a federal court that a Houston-area French bulldog breeder inflated the price of four dogs by $95,000 and has refused to pay her her share of breeding fees stemming from their 2022 partnership.

  • June 05, 2024

    Epic Accuses Apple Of Stalling Antitrust Doc Production

    Epic Games accused Apple Inc. at a hearing Wednesday of dragging its feet on producing internal documents that a California federal judge recently ordered the tech giant to hand over to help decide if Apple complied with her ban on App Store anti-steering rules.

  • June 05, 2024

    $900K Injury Verdict Sparks Fee Squabble In Connecticut

    Connecticut law firm Ventura and Ribeiro LLP is taking Perkins and Associates PC to state court over the legal fees from a $900,000 personal injury case settlement that both firms worked on, claiming that Perkins is trying to take too much of the pie.

  • June 05, 2024

    Fire Co. Shuts Down Insurer's $3.7M Subrogation Bid

    A hotel's insurer cannot seek reimbursement from a fire protection company for its roughly $3.7 million coverage payment following a pipe rupture in the hotel's fire sprinkler system, an Ohio federal court ruled, finding the hotel and fire protection company waived their respective insurers' subrogation rights. 

  • June 05, 2024

    Houston Law Firm Can't Arbitrate 'Excessive' Fees Claims

    A homeowners' association can proceed with its lawsuit against Vethan Law Firm PC in a Texas state court over allegedly "needless and excessive fees" because the firm failed to prove the existence of an arbitration agreement, a Texas state appellate court has ruled.

  • June 05, 2024

    1st Circ. May Undo Tribal Casino Bribery Convictions

    First Circuit judges hinted Wednesday that jurisdictional flaws and other issues could reverse the bribery convictions of an architect and tribal chairman in connection with a proposed $1 billion casino in southeastern Massachusetts.

  • June 05, 2024

    Texas Atty Accuses Ex-Partner Of 'Unilaterally Doubling' Comp

    A Houston-area attorney is suing Bergquist Law Firm PLLC and its owner for nearly $7 million for "unrelenting" violations of their partnership agreement and fiduciary duties.

  • June 05, 2024

    ACC Fires Back At Clemson Dismissal Bid In Exit Fee Fight

    The Atlantic Coast Conference is looking to keep Clemson University locked in a North Carolina state court lawsuit over media rights and exit fees, saying the school is rehashing arguments raised by Florida State University in a parallel case that were already rejected.

  • June 05, 2024

    4th Circ. Affirms Insurer's Win In Couple's Home Damage Suit

    A West Virginia couple wasn't entitled to a new trial in a property damage coverage dispute, the Fourth Circuit ruled Wednesday, saying a lower court did not abuse its discretion or err in excluding the couple's expert witness and allowing the insurer's expert to testify.

  • June 04, 2024

    PE Firm Tells 5th Circ. It Got Pushed Out Of EV Co. Acquisition

    Texas-based private equity company Ancor Holdings LP says it got pushed out of an acquisition deal by another private equity group it brought in as backup, arguing in oral arguments at the Fifth Circuit on Tuesday that a binding letter of intent means it's entitled to future profits.

  • June 04, 2024

    Atty's Argentine Uber Debut Fight Lands At Calif. High Court

    Barring fraudulent concealment claims under the so-called economic loss doctrine would create "perverse incentives" for people to draw others into contracts and "have their way with them," the California Supreme Court was told Tuesday by counsel for an Argentinian attorney suing Uber on allegations it hid crucial information from him.

  • June 04, 2024

    Mexican Co. Asks Justices To Resolve Foreign Service Q's

    A Mexican film distributor is asking the U.S. Supreme Court to resolve a technical question relating to service of process on foreign parties, as it fights a Ninth Circuit decision enforcing an arbitral award favoring a Los Angeles-based film production company over a 2020 movie that starred Jessica Chastain.

Expert Analysis

  • Setting Goals For Kicking Corruption Off FIFA World Cup Field

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    The unprecedented tri-country nature of the 2026 men's World Cup will add to the complexity of an already complicated event, but best practices can help businesses stay on the right side of anti-corruption rules during this historic competition, say Sandra Moser and ​​​​​​​Emily Ahdieh at Morgan Lewis.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Do Not Overstate Fla. Condo Termination Ruling's Impact

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    A close look at the unique language at issue in Avila v. Biscayne, in which a Florida appellate court deemed a condo termination to be invalid, shows that the case is unlikely to significantly affect other potential terminations, say Barry Lapides and Edward Baker at Berger Singerman.

  • Drafting Calif. Cannabis Management Services Agreements

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    Meital Manzuri and Alexis Lazzeri at Manzuri Law explore the ways in which management services agreements function in the California commercial cannabis industry, and highlight a few specific terms and conditions that are crucial when drafting these agreements.

  • In Energy Disputes, Good Arbitration Clauses Are Key

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    Recent trends have spawned many complex energy disputes that cross jurisdictional boundaries — but arbitration offers an optimal forum for resolving such matters, especially when arbitration provisions in contracts are tailored for the energy sector, say Scott Marrs at Akerman and Andrew Barton at the American Arbitration Association and the International Centre for Dispute Resolution.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Could 'General Average' Apply To The Key Bridge Crash?

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    While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Expect An Increase In Robinson-Patman Act Enforcement

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    Recent actions by the Federal Trade Commission and prominent lawmakers should be viewed as a harbinger of renewed scrutiny of price discrimination in all industries and a sign that Robinson-Patman Act investigations and enforcement actions are likely to see an uptick, say attorneys at Morgan Lewis.

  • Opinion

    The FTC's Noncompete Rule Is Likely Dead On Arrival

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    The Federal Trade Commission's April 23 noncompete ban ignores the consequences to the employees it claims to help — but the rule is unlikely to go into effect provided the ideological makeup of the U.S. Supreme Court remains the same, say Erik Weibust and Stuart Gerson at Epstein Becker.

  • Class Actions At The Circuit Courts: April Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.

  • 9th Circ. Arbitration Ruling Could Have Int'l Implications

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    In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • FTC Noncompete Ban Signals Rising Labor Focus In Antitrust

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    The Federal Trade Commission’s approval this week of a prohibition on noncompete agreements continues antitrust enforcers’ increasing focus on labor, meaning companies must keep employee issues top of mind both in the ordinary course of business and when pursuing transactions, say attorneys at Skadden.

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