Commercial Contracts

  • May 08, 2024

    BIA Tells 8th Circ. Energy Co. Can't Revive Lease Suit

    The U.S. Department of the Interior's Bureau of Indian Affairs has asked the Eighth Circuit to uphold a North Dakota federal judge's dismissal of Prima Exploration Inc.'s oil and gas lease termination suit, saying the lower court correctly dismissed the case for failure to exhaust administrative remedies.

  • May 08, 2024

    Lyft Driver Asks Calif. Justices To OK Intervening In PAGA Suit

    An attorney for a Lyft driver who sued the company under the Private Attorneys General Act urged the California Supreme Court on Wednesday to find her client has standing to intervene in a competing PAGA Lyft case that reached a settlement, saying the deal threatened to "extinguish" her client's rights.

  • May 08, 2024

    Google Fights Subpoena On Texas Amid Ad Tech MDL

    Google is urging a New York federal judge overseeing sweeping multidistrict litigation over the tech giant's alleged monopoly in digital advertising to stamp out a subpoena seeking discovery from Texas in related litigation in the Lone Star State.

  • May 08, 2024

    Water-Damaged Conn. Hotel Sues Insurer For More Coverage

    A Connecticut hotel took Sompo America Insurance Co. to state court after the insurer only partially covered substantial water damage that forced the newly opened lodge's closure and purportedly offered "nonsensical" justifications for denying full coverage.

  • May 08, 2024

    Film Investor Wins $19M Verdict Against Producer

    A Canadian film producer was hit Wednesday with a more than $19 million jury verdict after he failed to show up at trial in Florida federal court over claims he allegedly defrauded an investor out of millions of dollars meant to fund several productions.

  • May 08, 2024

    Trashing Of IP Case Wrongly Cut Atty Fees, Del. Justices Told

    An attorney for a client who saw all claims against him dropped before trial in a suit focused on allegedly purloined trash-handling trade secrets urged Delaware's Supreme Court on Wednesday to reverse the Chancery Court's purported failure to hear his attorney fee claim.

  • May 08, 2024

    Robins Kaplan File Flub Bad Look For Both Sides, Panel Says

    A Manhattan appeals panel expressed concern Wednesday that Robins Kaplan LLP had poked through an opposing party's Dropbox database that was accidentally shared in investor litigation, while also criticizing the other side for failing to catch the error.

  • May 08, 2024

    Cannabis Law Firm Accused Of $5M Error In Pot Shop Deal

    A cannabis retailer has sued Vicente LLP in Massachusetts state court, alleging the law firm negligently drafted an amendment to a purchase agreement that prevented the company from recovering nearly $5 million in damages when the deal fell through.

  • May 08, 2024

    Conn. Justices To Hear McCarter & English Damages Demand

    The Connecticut Supreme Court has accepted a certified question from a federal district court judge in McCarter & English LLP's yearslong fee feud with a former client, agreeing to decide whether the firm can recover punitive damages after years chasing Jarrow Formulas Inc. and winning a jury verdict last year.

  • May 08, 2024

    Judge OKs American University's $5.4M COVID Tuition Deal

    A D.C. federal judge gave the final nod to a $5.4 million deal resolving class action claims brought by American University students seeking tuition refunds after the school pivoted to remote learning during the early days of the COVID-19 pandemic.

  • May 08, 2024

    Conn. Builder Drops $4.7M Stamford Pavilion Delay Suit

    A Connecticut general contractor has dropped its lawsuit accusing the city of Stamford and an architecture practice of causing delays in a $4.7 million project and driving up the building company's costs as it tried to build a pavilion in a city park.

  • May 07, 2024

    Canadian Film Producer Skips Fla. Trial On Fraud Allegations

    A Canadian film producer accused of defrauding an investor out of more than $13 million to fund several productions was a no-show at his Florida federal civil trial on Tuesday after informing the court a day earlier that he wouldn't attend because he isn't represented by counsel.

  • May 07, 2024

    Colo. Judge Tells Cos. Their Warring Briefs Aren't Helping

    A Colorado federal judge has warned a medical device distributor and a Stryker subsidiary warring over a $2.3 million sanctions request that neither of their briefs appeared to provide "meaningful assistance" to help him determine what to award.

  • May 07, 2024

    Duke Energy Rival Stresses Holistic View Of Monopoly Suit

    Duke Energy's contract snub and price drops reveal a bid to monopolize the North Carolina market when the conduct is viewed holistically rather than in piecemeal fashion, a rival told the Fourth Circuit on Tuesday in an attempt to revive antitrust claims.

  • May 07, 2024

    Amazon Says Zulily Lacks Standing To Bring Antitrust Claims

    Amazon is asking a Washington federal court to throw out now-defunct online retailer Zulily's lawsuit accusing it of using its monopoly power to shut out competition from other online retailers, arguing that Zulily merely "parrots" allegations made by regulators and has singled out "plainly procompetitive practice."

  • May 07, 2024

    Hospital Says Appellate Court Flubbed $1.9M Payout Review

    A Connecticut hospital has asked the state's appellate court to hold a full court rehearing on its refusal to pause a $1.9 million prejudgment remedy the hospital was ordered to pay to a group of anesthesiologists pursuing billing claims against it, arguing the decision causes irreparable harm.

  • May 07, 2024

    Everton Investors Bemoan Soccer Team Sale Amid Fraud Suit

    The Everton FC Shareholders Association wants to slam the brakes on the "farce" sale of its Premier League soccer team to private equity firm 777 Partners LLC, arguing they are not qualified owners, a demand that comes as the firm faces allegations of fraud.

  • May 07, 2024

    Atty Dons Muppet Head To Open Sesame Place Race Bias Trial

    A federal jury in Philadelphia on Tuesday gazed at the googly eyes and blue fur of an attorney who donned the head of Sesame Street's Grover to tell them that performers wearing the fluorescent bodysuits of other beloved Muppets discriminated against children at a Pennsylvania theme park because of the color of their skin.

  • May 07, 2024

    Contract's 1-Year Limit Doesn't Block NC Mold Claims

    A North Carolina appeals court on Tuesday reinstated a couple's suit against a contractor they say failed to remediate water and mold damage in their house, saying the trial court was wrong to find that the contract's one-year limitation on claims applied to the state's Unfair and Deceptive Trade Practices Act.

  • May 07, 2024

    Policy Dispute Should Be Heard In Wash., Colo. Judge Says

    A Colorado federal court has tossed an insurer's suit seeking a declaration that it doesn't owe $4 million in coverage to a climbing equipment manufacturer and its primary insurer, finding that a related case in Washington state court provides a better opportunity to resolve the parties' dispute.

  • May 07, 2024

    Hytera Sanctions Show Strength Of Antisuit Injunctions

    The Seventh Circuit's decision upholding $1 million a day in sanctions against Hytera Communications for violating an order to drop trade secrets and copyright litigation in China highlights the difficulty for lawyers when working alongside Chinese courts, while affirming to patent attorneys how powerful antisuit injunctions can be.

  • May 07, 2024

    Lender Shanks Bid To Halt Ga. Golf Course Auctions

    A Georgia federal judge on Tuesday denied successive efforts from a lender to wrest control of the assets of an Atlanta-area golf club owner, whom attorneys for the lender describe as a "serial fraudster" likely to abscond with his assets while still owing millions on a 2023 loan.

  • May 07, 2024

    Starbucks Can't End Investor Suit Over Union-Busting Stance

    A Washington state judge won't toss a shareholder suit accusing Starbucks' corporate leadership of diminishing stock values by allowing store managers to quash baristas' organizing efforts.

  • May 07, 2024

    Swiss Co. Says $8M Equatorial Guinea Award Is Valid

    A Swiss clinic operator ousted from a hospital contract in Equatorial Guinea has asked the D.C. Circuit to affirm the enforcement of an $8 million arbitral award against the country, rebutting its argument that the company was required to litigate in the local courts first.

  • May 07, 2024

    Lockheed Accused Of Causing $8.25M Damages In Ship Tests

    A marine transportation company took Lockheed Martin Corp. to Michigan federal court, accusing the defense contractor of negligently causing $8.25 million worth of damages to its dock while testing a naval combat vessel.

Expert Analysis

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Considering A Practical FRAND Rate Assessment Procedure

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    As the debate over a fair, reasonable and nondiscriminatory rate continues inside and outside courtrooms, a practical method may assess whether the proposed FRAND rate deviates significantly from what is reasonable, and ensure an optimal mix of assets for managers of standard-essential patent portfolios, says consultant Gordon Huang.

  • How Poor Governance, Weak Contracts Harm Cannabis Cos.

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    Decades into cannabis decriminalization and legalization, many companies in the industry still operate on a handshake basis or fail to keep even minimally required records, which can have devastating effects and lead to costly, business-killing litigation, says Griffen Thorne at Harris Bricken.

  • How Biotech Cos. Can Utilize Synthetic Royalty Financing

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    Synthetic royalty transactions have been on the rise as a funding structure for biotechnology companies, but questions have arisen surrounding how such transactions work, and structuring them correctly requires a nuanced understanding, say Todd Trattner and Ryan Murr at Gibson Dunn.

  • Key Maritime Law Issues In 2024: Election-Year Unknowns

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    In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Key Maritime Law Issues In 2024: Environmental Challenges

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    In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • How Biotech Deals May Help Competition, Despite FTC View

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    The Federal Trade Commission's complaint against Sanofi's proposed partnership with Maze Therapeutics highlights increasing skepticism of so-called killer acquisitions, but a closer look reveals potentially legitimate reasons behind why entities might decide to delay or abandon the development of acquired products, say consultants at Analysis Group.

  • Key Maritime Law Issues In 2024: Geopolitics And Sanctions

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    Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Black-Led VC Fund Case Could Hinge On Nature Of Grants

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    Organizations whose missions involve any manner of race-conscious funding should closely monitor arguments this week in American Alliance v. Fearless Fund, a case filed against a grant program that seeks to address the gap in venture capital funding for Black women-led businesses, which will examine whether grants are charitable under Civil Rights Act Section 1981 liability, say Kali Schellenberg and John Stapleton at LeVan Stapleton, and Kenneth Trujillo at Chamberlain Hrdlicka.

  • Unraveling The Bundled Benefits Of Retail Memberships

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    The recent prevalence of paid retail memberships and the associated findings of a consumer survey suggest that assessing consumer preferences and welfare may be important when considering resolution mechanisms in antitrust contexts, say Rosa M. Abrantes-Metz at Berkeley Research Group, Mame Maloney at The Brattle Group and Jeff Brazell at the University of Utah.

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