Commercial Contracts

  • May 27, 2022

    Russian Exodus Puts Companies On Shaky Legal Ground

    The recent unprecedented withdrawal of companies from Russia has been hailed by the court of public opinion as the morally correct choice, but experts say it's unlikely that arbitral tribunals adjudicating the expected avalanche of resulting contract disputes will put much weight on ethics.

  • May 27, 2022

    Warner Bros. 'Matrix' Release Row Sent To Arbitration

    "Matrix Resurrections" co-producer Village Roadshow Pictures' suit challenging Warner Bros.' decision to release the film simultaneously in theaters and on HBO Max belongs in arbitration, a Los Angeles judge ruled Friday, also rejecting Village Roadshow's last-minute attempt to withdraw its motion for a preliminary injunction.

  • May 27, 2022

    9th Circ. Halts Blackfeet Tribe's Fight With Bankrupt Campsite

    The Ninth Circuit has granted an automatic stay of a dispute between a campsite operator and the Blackfeet Nation, saying the halt in proceedings was triggered by the company's notice of bankruptcy.

  • May 27, 2022

    9th Circ. Partly Revives Fiat Chrysler Lifetime Warranty Spat

    The Ninth Circuit partly revived a driver's breach of contract suit alleging Fiat Chrysler improperly voided service contracts for Jeep vehicles based on a sneaky inspection clause in the vehicle's lifetime powertrain warranty, finding Friday that some contract terms in dispute were ambiguous.

  • May 27, 2022

    McGuireWoods Adds Ex-Benesch Deals Pro In Chicago

    McGuireWoods LLP has picked up a corporate deals attorney well versed in advising on transactions across industries to its ranks, strengthening the firm's global private equity team in Chicago.

  • May 27, 2022

    Sports Agency Stops Former Exec's Job With Rival For Now

    A New York state appeals court said Klutch Sports Group LLC can't employ an executive from a rival agency until a contract dispute between the two is adjudicated or till eight months have elapsed since the executive left his previous job, whichever happens first.

  • May 27, 2022

    Pa. Court Rejects Arbitration In Nursing Home Death Suit

    A nursing home can't arbitrate a suit accusing it of causing a patient's aspiration death after a Pennsylvania appeals court ruled Friday that it failed to establish that the patient's daughter had the legal authority to sign an arbitration agreement.

  • May 27, 2022

    Recruiter's Suit Against Robinson & Cole Moved To Conn.

    A South Dakota federal judge has agreed to move a legal recruiter's breach of contract suit against Robinson & Cole LLP to the firm's home state of Connecticut, saying there was no evidence that the firm knew the recruiter was based in South Dakota during the discussions around prospective firm mergers that eventually gave rise to the suit.

  • May 27, 2022

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

    The past week in London has seen eBay sued over a soured acquisition, a hacked cryptocurrency company caught up in a data protection suit, and the Financial Conduct Authority launch a case against a wealth manager. Here, Law360 looks at these and other news claims in the U.K.

  • May 27, 2022

    Ex-Alston & Bird Staffer Fights Firm's Arbitration Bid

    Alston & Bird can't force a former diversity and inclusion administrator to arbitrate claims of unpaid overtime and retaliation, the worker told a Georgia federal judge, saying the arbitration agreement he signed doesn't cover employment-related claims.

  • May 26, 2022

    Insurer Loses Bid To Arbitrate Texas School's Coverage Row

    A Texas appellate court ruled that Travelers Indemnity Co. cannot dismiss or stay its coverage dispute with a Cherokee County school district, affirming a lower court's finding that a clause in a reinsurance contract to which the district is not a party does not apply to compel arbitration.

  • May 26, 2022

    Alston & Bird Adds Bankruptcy Partners From Gibson Dunn

    Alston & Bird LLP announced recently that two experienced bankruptcy attorneys have joined the firm's New York office as partners to bolster its financial restructuring and reorganization group.

  • May 26, 2022

    Painters Union Says Construction Cos. Flouted Benefits Deal

    The guarantor of a settlement between a construction firm and a painters union is on the hook for a $135,000 bill for union members' benefits plan contributions after the construction firm abandoned its commitment to pay its own debts, according to a lawsuit filed in Missouri federal court.

  • May 26, 2022

    Liberty Seeks $5M From Construction Co. Over Bond Defaults

    Liberty Mutual is seeking $5 million in damages from a construction company it says defaulted on public works projects, telling a California federal court the company is ducking its obligations under surety bonds.

  • May 26, 2022

    Nuclear Med JV Looks To Keep Award Enforcement In NY

    A nuclear medicine company has asked a federal court to stop a medical imaging firm from trying to enforce outside of New York a Swiss arbitral award that orders the company to pay millions of dollars in a dispute that arose out of a licensing agreement.

  • May 26, 2022

    LG Display Wins $95M In Licensing Dispute With Sharp

    Japanese electronics maker Sharp has been ordered by an arbitral tribunal to pay LG's display products division some $95 million over alleged violations of a patent licensing agreement.

  • May 26, 2022

    Houston Trial Firm AZA Loses 2 Name Partners To New Firm

    Houston litigation boutique Ahmad Zavitsanos Anaipakos Alavi & Mensing PC has split, with two name partners leaving to form their own trial-focused firm, Alavi & Anaipakos PLLC.

  • May 26, 2022

    Apple Only Has 'Diversion' For 9th Circ., Epic Says

    Epic Games continues to press the Ninth Circuit to upend Apple's win over the bulk of the video game company's antitrust lawsuit, arguing that Apple has offered "diversion" and nothing that actually justifies the competitive impacts of its ironclad grip over the App Store.

  • May 26, 2022

    Title Co. Investor Gets $10.9M For Failed Merger

    As Entitle Direct Group's largest shareholder, Partner Reinsurance Co. is entitled to $10.9 million in damages from RPM Mortgage Inc. over a failed merger between the mortgage company and Entitle, with a New York federal judge finding that RPM breached its contract by refusing to close the deal.

  • May 26, 2022

    Marathon Says Oil Co. Still Owes $10.5M On Leases

    Marathon Oil Co. is seeking a $10.5 million payment from ShenHai LLC that it says it's owed after the company took over responsibility for a stake in a deep-water oil field in the Gulf of Mexico but didn't completely pay for it.

  • May 26, 2022

    Univ. Of Tampa Settles Pandemic Tuition Suit For $3.4M

    The University of Tampa has agreed to pay $3.4 million to settle a potential class action from students seeking partial tuition refunds for the spring 2020 semester after the school transitioned to remote learning because of COVID-19.

  • May 26, 2022

    Aircraft Lender Sues Russian Carrier For £339M In Lost Planes

    The world's largest aircraft lessor has sued a Russian carrier for £339 million ($427 million), accusing it of using sanctions as cover to keep eight Boeing airplanes in the latest dispute stemming from the Western crackdown on Moscow.

  • May 26, 2022

    1st Circ. Pushed To Revive $19M Wynn Land Contract Suit

    Wynn Resorts Ltd. should face a $19 million contract suit because the presiding judge ignored evidence that the company backed out of a deal over the sale of land that became the site of the Encore Boston Harbor hotel and casino, the First Circuit was told Wednesday.

  • May 25, 2022

    Fla. Court Questions Ability To Rule On Church Property

    Conflicting evidence precluded a lower court from granting a judgment in a property dispute to a party that the Church of the Nazarene claims is a subordinate, a Florida state appeals court said Wednesday, ordering further review of whether the case involves ecclesiastical issues outside the courts' purview.

  • May 25, 2022

    MedMen Prevails In Suit Alleging Breach Of Contract

    Cannabis company MedMen Enterprises Inc. has announced that it scored a summary judgment win on all counts in an Arizona state lawsuit accusing it of breaching a purchase agreement to manipulate its stock price, with the judge finding no evidence to back the plaintiffs' claims.

Expert Analysis

  • Opinion

    ABA Isn't Giving Up On Diversity Efforts By Ending CLE Rule

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    While some view the American Bar Association’s elimination of continuing legal education diversity requirements as capitulating to a Florida Supreme Court decision against the mandate, it was a strategic decision to serve Florida members while improving diversity, equity and inclusion efforts in other ways, says Tiffani Lee at Holland & Knight.

  • How Proposed FTC Shift May Affect Influencer Campaigns

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    Gonzalo Mon at Kelley Drye discusses the Federal Trade Commission's recent proposed changes to its ground rules for endorsements, including how they relate to previous guidance, and considers what attorneys should be thinking about when they look at new influencer campaigns.

  • How To Protect Health Care Trade Secrets With Covenants

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    Post-employment restrictive covenants such as noncompetes are an effective way for health companies to protect confidential information and trade secrets, but employers must be cognizant of the rapidly changing state laws governing the enforceability of such agreements, say Erik Weibust and Katherine Rigby at Epstein Becker.

  • Lateral Candidate Screening Steps To Prevent Bad Behavior

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    Bullying and harassment are among the root causes of stress, anxiety and substance abuse in the legal profession, so law firms should take four actions to effectively screen lateral candidates and ensure they are not recruiting individuals who could jeopardize the well-being of their people, says Michael Ellenhorn at Decipher.

  • Opinion

    Using Bayh-Dole For Cancer Drug March-In Rights Is Wrong

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    Sen. Elizabeth Warren's recent request that the Biden administration invoke march-in rights under the Bayh-Dole Act to lower the price of prostate cancer medicine Xtandi misconstrues the letter and intent of the law, with potentially disastrous consequences for American innovation, says Cravath's David Kappos, former director of the U.S. Patent and Trademark Office.

  • How Russia Sanctions Are Affecting Compliance

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    The wide-ranging sanctions and export controls that the U.S. and its partners have imposed on Russia in recent months pose complex compliance challenges for commercial operations, investments and financial transactions, even when there is not a direct or obvious nexus with Russia, say Anthony Rapa and Matthew Thomas at Blank Rome.

  • A Look At The Legal Profession Since Murder Of George Floyd

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    Little has changed for Black attorneys since law firms promised to combat discrimination within the profession following George Floyd's murder, but on this second anniversary of his death, law firms can recommit by adopting specific strategies that set their Black lawyers up for success, say Lisa Davis and Khasim Lockhart at Frankfurt Kurnit.

  • Opinion

    NY Ruling Correctly Deems Legal Finance Docs Irrelevant

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    A New York appeals court's recent decision in Worldview Entertainment v. Woodrow joins a growing trend of decisions denying discovery of litigation funding documents, highlighting that commercial legal finance should be treated just like any other financing in commercial litigation, says Andrew Cohen at Burford Capital.

  • What Sanctions Mean For Funds' Subscription Credit Facilities

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    Given the unprecedented wave of sanctions against wealthy Russian oligarchs, lenders should be aware of the complex questions regarding funds' subscription credit facilities that can arise when an investor is sanctioned, say attorneys at Haynes and Boone.

  • 9th Circ. FCRA Ruling Highlights Furnishers' Role In Disputes

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    A recent Ninth Circuit decision in a consumer credit reporting suit against CitiMortgage raises a host of legal questions, and is an opportunity for creditors that furnish information to consumer reporting agencies to evaluate how they respond to consumer disputes and assess their overall compliance with the Fair Credit Reporting Act, say Sasha Leonhardt and Cierra Newman at Buckley.

  • Overcommunicate With Your Summer Associates This Year

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    2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

  • ERISA Ruling Shows Lax Enrollment Practices Can Be Costly

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    The Eighth Circuit’s recent decision in Skelton v. Reliance Standard, finding that a life insurance company breached its Employee Retirement Income Security Act fiduciary duties by accepting premiums without approving coverage, admonishes insurers to communicate with employers and to maintain clear records of eligible enrolled participants, says Mark DeBofsky at DeBofsky Sherman.

  • Nev. Case Highlights Settlement Authority Dilemmas For Cos.

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    A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

  • Opinion

    2nd Circ. Reasoning In COVID Force Majeure Case Is Flawed

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    The Second Circuit's recent holding in JN Contemporary Art v. Phillips Auctioneers, that a force majeure clause permitted an auction house to cancel a contract because of COVID-19, was correctly decided, but for the wrong reasons, because the decision incorrectly characterized the operative clause as a catchall clause, says Joshua Wurtzel at Schlam Stone.

  • Opinion

    ALI Oversteps With Expansive Restatement Of Contract Law

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    The American Law Institute's consumer contracts restatement project, which members are scheduled to vote on at the ALI's upcoming annual meeting, could upend the established law of contracts, and encourage specious class actions and nullification of arbitration agreements, says Sherman Joyce at the American Tort Reform Association.

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