Commercial Contracts

  • September 06, 2024

    Indicted Power Broker, Atty Brother Hit With Civil RICO Suit

    Philadelphia developer Carl Dranoff has accused the indicted brothers George E. Norcross III, a New Jersey power broker, and Parker McCay CEO Philip A. Norcross of causing him and his company millions of dollars in damages by intimidating and extorting him out of his property development rights in the city of Camden, New Jersey.

  • September 05, 2024

    MGA's O.M.G. Dolls Imitated Girl Group's Looks, Member Says

    Toy company MGA Entertainment Inc.'s line of O.M.G. dolls imitated the signature looks of a pop group created by rapper T.I. called OMG Girlz, a member of the singing group testified Thursday in a California federal court retrial of a long-running intellectual property fight.

  • September 05, 2024

    NC County Says Hospital 'Monopoly' Led To ER Understaffing

    A North Carolina county has accused an Asheville hospital of driving up taxpayer-funded ambulance expenses by understaffing its emergency department and forcing paramedics to step into the roles of emergency physicians.

  • September 05, 2024

    Judge Orders Jury Trial Over Arbitration Bid In TCPA Fight

    An Ohio federal judge declined to rule on whether a proposed Telephone Consumer Protection Act class action against a Maryland-based healthcare company should go to arbitration, ordering that a jury should decide whether the plaintiff had an applicable arbitration agreement.

  • September 05, 2024

    Panel Finds Colo. Attys Can't Poach From Current Employers

    A Colorado Court of Appeals panel on Thursday upheld a $4,000 verdict and $1.2 million in fee awards against an attorney who violated an employment contract when she tried to lure colleagues away from a prominent regional personal injury firm, finding the firm's contract was valid and enforceable.

  • September 05, 2024

    Judge Sharp No Stranger To Complex Cases Biz Court To See

    Business Court Judge Stacy Sharp says that most of the cases she's litigated across her career would have been a perfect fit for the state's newest venue.

  • September 05, 2024

    Real Estate Co. EasyKnock Settles Battle With Ch. 7 Trustee

    New York-based real estate investor EasyKnock Inc. would fork over the full alleged value of a debtor's home to her bankruptcy estate as part of a proposed deal to settle the Chapter 7 trustee's fraud claims and the company's own suit alleging collusion.  

  • September 05, 2024

    Lumen Sued Over $1.4B Pension Swap With 'Risky' Provider

    Two retired employees of Lumen Technologies are suing the internet service provider and an investment adviser over the transfer of $1.4 billion in pension obligations to a "highly risky private equity-controlled" insurance company, arguing in a Colorado class action that the move puts their retirement benefits at risk despite safer options available.

  • September 05, 2024

    Guess What? The Guess Who Settled Their Intra-Band TM Suit

    The trademark dispute between two halves of the Canadian rock band The Guess Who ended Thursday when the four rockers filed a joint stipulation asking a California federal judge to toss the lead singer and lead guitarist's claims that their two former bandmates were using the group's trademarks without permission.

  • September 05, 2024

    Pa. City Iced Retirees Out Of Ch. 9 Plan Talks, Committee Says

    Retiree creditors in the city of Chester, Pennsylvania's bankruptcy have denounced its proposed Chapter 9 plan, telling a judge in Philadelphia it is a "blunt-instrument approach" to complex issues and was docketed without consulting their committee that represents the largest creditor group.

  • September 05, 2024

    Bad Bunny Sports Firm In Contempt Over MLBPA Arbitration

    A federal judge in Puerto Rico has found the sports agency tied to music megastar Bad Bunny in contempt, saying the firm defied the court's order to arbitrate claims accusing the Major League Baseball Players Association of hobbling its business.

  • September 05, 2024

    Berkshire Unit Owes $1M For Shooting, Ga. Man Says

    A man shot during an armed robbery at a convenience store told a Georgia federal court that a Berkshire Hathaway unit must pay its full $1 million limit toward an underlying $1.5 million consent judgment he reached against the property owner.

  • September 05, 2024

    Colo. Cannabis Co. Manager Stole $150K, Suit Claims

    The two marijuana entrepreneurs behind the Euflora chain are once again back in court, with one of them accusing the other of stealing at least $150,000 from their enterprise, possibly to cover unpaid loans and taxes, according to a lawsuit filed in Colorado state court, which claimed the alleged theft comes after a string of erratic behavior.

  • September 05, 2024

    Placid Oil Tells 5th Circ. It's Clear Of Contamination Claims

    Placid Oil told a Fifth Circuit panel that previous bankruptcy proceedings cleared it of contamination claims on a Louisiana property, saying during oral arguments Thursday that language in the contract calling it a party to the surface lease agreement didn't count as an assignment.

  • September 05, 2024

    'Regrettable Mistake' Can't Bar Subrogation Bid, Insurer Says

    An insurer for a Hardee's restaurant urged a North Carolina state appeals court to revive its subrogation action over a December 2019 fire, after it said its counsel made a "regrettable mistake" in naming a related brokerage as the plaintiff rather than the insurer itself.

  • September 05, 2024

    Marvel Illegally Coerced Silence, 'X-Men '97' Writer Says

    Former "X-Men '97" series head writer has hit Marvel Animation Studio LLC with a lawsuit in California state court, seeking to invalidate a nondisparagement provision he claims Marvel coerced him into signing amid his alleged "forced ouster" this year.

  • September 05, 2024

    Lloyd's Looks To Ditch Cadwalader's Coverage Suit In NC

    A Lloyd's of London syndicate is urging the North Carolina Business Court to toss a Cadwalader Wickersham & Taft LLP lawsuit seeking coverage for a 2022 data breach, saying the law firm failed to include three other carriers included on the insurance policy at issue.

  • September 12, 2024

    Squire Patton Hires Disputes Pro From Eversheds Sutherland

    Squire Patton Boggs LLP has said that a former trainee who specializes in commercial disputes has returned to the firm as a partner in its office in Birmingham, as it continues to expand its litigation practice across the U.K.

  • September 05, 2024

    7-Eleven Owners Not Company Workers, Mass. Justices Say

    The top court in Massachusetts ruled Thursday that 7-Eleven franchise owners aren't employees because they don't perform services for the corporation that licensed them the franchises.

  • September 05, 2024

    Ex-Siemens Exec Concedes Trade Secret Caper Merits Prison

    A former executive of Siemens Energy Inc. has told a Virginia federal judge that he recognizes that a period of incarceration is merited after he pled guilty to stealing trade secrets from General Electric Co. and Mitsubishi Heavy Industries Ltd. to undercut their bids to build a gas turbine plant.

  • September 12, 2024

    Bird & Bird Recruits M&A Partner In Frankfurt Amid Growth

    Bird & Bird LLP has hired a business expert as a partner in Frankfurt as the firm bolsters its growing corporate practice internationally, with a keen eye on its new office in Japan.

  • September 04, 2024

    'I Was Blown Away': Tiny Harris Says MGA Stole Group's Look

    Tameka "Tiny" Harris testified Wednesday in California federal court that she was taken aback the first time she saw MGA Entertainment's line of O.M.G. dolls because she believed they ripped off the OMG Girlz pop group she created, and said a survey of her Instagram followers confirmed her reaction.

  • September 04, 2024

    UBS Financial Gets Wrapped Up In Cash Sweep Class Action

    UBS Financial Services has been hit with a proposed class action suit alleging it prioritized its own financial interests and those of its affiliated banks over customers by using its cash sweep program to direct customers' uninvested cash balances into accounts that disproportionately benefited the investment bank.

  • September 04, 2024

    Leech Tishman Combines With Calif. Firm Nelson Hardiman

    Leech Tishman is set to add California-based healthcare and life science law firm Nelson Hardiman's 17 attorneys to its Los Angeles office this fall and will do business in the Golden State under the combined name Leech Tishman Nelson Hardiman, the firm announced Tuesday.

  • September 04, 2024

    10th Circ. Partially Nixes Insurer Win In Liposuction Death Suit

    The Tenth Circuit on Wednesday revived a health provider's bad faith claim against its insurer over coverage for a $60 million judgment stemming from a woman's fatal liposuction surgery, finding the claim fell within a four-year period of limitations for insurance bad faith claims.

Expert Analysis

  • CFPB's Expanding Scope Evident In Coding Bootcamp Fine

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    The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.

  • 4 Arbitration Takeaways From High Court Coinbase Ruling

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    The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • The Effects Of New 10-Year Limitation On Key Sanctions Laws

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    Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.

  • Supply Chain Considerations For Companies Deploying AI

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    Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Key Lessons From Recent Insurance Policy Reform Litigation

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    A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.

  • Compliance Considerations For New Data Protection Law

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    Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.

  • 2nd Circ. Ruling Affirms NY Law's Creditor-Friendly Approach

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    The Second Circuit’s recent ruling in 245 Park Member v. HNA International provides creditors with some reason for optimism that debtors in New York may face rejection in court for aiming to keep creditors at arm’s length by transferring personal assets into an LLC, says Jeff Newton at Omni Bridgeway.

  • Diving Deep Into Sweeping NY Financing Bill — And Its Pitfalls

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    A New York bill seeking to impose state usury limits onto a broader variety of financing arrangements and apply lender licensing requirements to more diverse entities would present near-insurmountable compliance challenges for lenders and retailers, say Kate Fisher and Tom Quinn at Hudson Cook.

  • When Oral Settlements Reached In Mediation Are Enforceable

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    A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.

  • What Transactional Attys Must Know About Texas Biz Courts

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    As Texas prepares to launch its new business courts, transactional attorneys — especially those involved in commercial, securities and internal governance matters — should keep several issues in mind when considering use of the state's business court system to facilitate deals and settle disputes, say attorneys at Katten.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • Behind Court Challenges To The FTC's Final Noncompete Rule

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    The Federal Trade Commission's recent final rule banning noncompetes may not go into effect any time soon amid a couple of Texas federal court challenges seeking to bar the rule's implementation, which will likely see appeals all the way to the U.S. Supreme Court, says Michael Elkins at MLE Law.

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