Commercial Contracts

  • April 02, 2024

    Aretha Franklin's Estate Says Atty Can't Get Unpaid Fees

    A lawyer who claims Aretha Franklin owed him for his work getting her a recording deal declined to participate in oral arguments Tuesday in Michigan appellate court, where the singer's estate told the court he filed his claims years too late. 

  • April 02, 2024

    King & Spalding Lands 3 Kasowitz Partners For Biz Litigation

    King & Spalding LLP announced Tuesday that it had hired three partners for its business litigation practice from Kasowitz Benson Torres LLP, including the co-chair of Kasowitz's real estate litigation practice group. 

  • April 02, 2024

    McCarter & English's Client Contract Win Heads To Mediation

    The law firm McCarter & English LLP will hold settlement talks in June with an ex-client who has already lost a jury trial over $2 million in unpaid legal bills and potentially faces $3.6 million in punitive damages after an anticipated decision by Connecticut's highest court, a federal magistrate judge ruled Tuesday.

  • April 02, 2024

    Adams And Reese Can't Use Free Speech Law To Avoid Suit

    In finding that a Texas free speech law does not shield Adams and Reese LLP from a malpractice suit brought by an electrical subcontractor, a state appellate court said Tuesday that it was the law firm's alleged "failures to communicate" that is at issue.

  • April 02, 2024

    Law Firm Can't Make Atty Arbitrate Pay Spat, NC Panel Rules

    A local law firm can't force a former shareholder to arbitrate his suit alleging he was stiffed on pay, the North Carolina Court of Appeals ruled Tuesday, saying it would be a stretch to find his claims stem from two side agreements containing arbitration clauses.

  • April 02, 2024

    Philly Uber Class Action Atty Heads To Lichten & Liss-Riordan

    One of the attorneys representing a proposed class of Philadelphia Uber drivers in their wage suit against the company left the Steel City's Pietragallo Gordon Alfano Bosick & Raspanti LLP for the new New Jersey office of Lichten & Liss-Riordan PC, his co-counsel in the ride-hailing case.

  • April 01, 2024

    RICO Claims Fail In Suit Against Developer, Judge Says

    A Texas federal judge on Monday dismissed a lawsuit brought by real estate entities associated with a Dallas developer who accused the founders of Megatel Homes LLC of racketeering, saying that the lawsuit didn't plausibly state that the defendants had engaged in any unlawful racketeering activity.

  • April 01, 2024

    Insurance Mogul's Cos. Want $161M Arbitration Case Tossed

    Two companies associated with Greg Lindberg are looking to nix litigation filed by defunct Dutch life insurer Conservatrix to enforce an arbitral award that could force the embattled insurance mogul to fork over about $161 million, arguing that the award orders only provisional relief and is not enforceable.

  • April 01, 2024

    Dish Tells Jury It's Getting Squeezed For Millions In Extra Rent

    Dish Wireless told a Denver jury Monday that one of the nation's largest telecommunications infrastructure companies is trying to change a 30-year deal and get "hundreds of millions" of dollars in extra rent for storing equipment at cell tower sites because it knew Dish had no other option.

  • April 01, 2024

    Mixed Ruling Readies Vegas Newspapers For Trial

    A Nevada federal judge has teed up the Las Vegas Review-Journal and the Las Vegas Sun for a contentious trial with a decision nixing Review-Journal antitrust counterclaims, preserving core Sun antitrust claims and holding the Review-Journal to an agreement to distribute the papers as a single product.

  • April 01, 2024

    Alien IP Suit Against New Age Video Co. Gaia Falls To Earth

    A Colorado federal judge has dismissed nearly all of a lawsuit from a UFO community influencer against yoga and New Age content website Gaia Inc., finding most of his claims were too vague.

  • April 01, 2024

    Chinese Investment Fund Looks To Enforce $4.4M Award

    A Chinese investment fund has asked a California federal court to enforce a $4.4 million arbitral award against a businessman, saying he reneged on his promise to acquire a stake in an energy management company and now won't appear before an arbitration tribunal.

  • April 01, 2024

    Nasdaq Sank Minority-Led SPAC's Tech Co. Merger, Suit Says

    The Nasdaq Stock Market along with in-house lawyers and other executives face claims they "arbitrarily and capriciously" abused their discretion to unfairly undermine a merger plan for a minority-led special purpose acquisition company seeking to bring a minority-led technology company onto the stock market.

  • April 01, 2024

    Investors Group Says New EB-5 Guidance Violates APA

    A trade association of EB-5 visa regional centers brought U.S. Citizenship and Immigration Services into D.C. federal court, accusing the agency of abruptly changing the minimum investment period for foreigner investors seeking green cards without soliciting public comments.

  • April 01, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's Court of Chancery saw a $42.5 million settlement, dismissal of two big suits with two more remanded back, and new cases from shareholders of Walt Disney, Donald Trump's Truth Social, Rivian Automotive and BarkBox.

  • April 01, 2024

    Sports Illustrated Hits 'Gangster' Ex-Publisher With IP Suit

    The owner of Sports Illustrated alleges in a $49 million lawsuit filed Monday in Manhattan federal court that an energy drink mogul acted like a "gangster" when he became the magazine's publisher, tearing apart a long-standing licensing agreement while sabotaging the brand and holding hostage valuable intellectual property.

  • April 01, 2024

    Conn. Condo Owners OK To Litigate Foundation Repair Claims

    The estates of two deceased homeowners can pursue contract claims against a condominium board in consolidated litigation targeting issues with the units' foundations, the Connecticut Supreme Court ruled Monday, finding the contract-based allegations in the complaints were timely filed.

  • April 01, 2024

    Trump's Truth Social Florida Suit Leaves Del. Judge 'Agog'

    A Florida lawsuit pitting Donald Trump's social media company against the two former "Apprentice" contestants who helped the former president create the Truth Social platform has flummoxed a Delaware Chancery judge, who said Monday the litigation left him "dumbfounded."

  • April 01, 2024

    BNSF Says Tribe Can't Claim $1.3B For Oil Train Trespassings

    BNSF Railway Co. has asserted a Washington tribe is not entitled to $1.3 billion for the shipping of crude oil across its reservation for nearly a decade, arguing the tribe wants to strip railroad profits from a 1,500-mile route when the illegal trespassing occurred across an easement less than a mile long.

  • April 01, 2024

    Philip Morris Loses Chancery Bid To Join Reynolds-ITG Suit

    Philip Morris' "inexcusable," years-long inaction doomed its request to intervene for a cut of millions of dollars in profit adjustments, headed toward a Chancery Court trial later this year, in a dispute between two other tobacco giants over how much each party owes under a settlement with Florida, a Delaware vice chancellor ruled Monday.

  • April 01, 2024

    Kirkland Atty Escapes Malpractice Suit Over Loan Docs

    A Kirkland & Ellis LLP attorney has secured an early win in a legal malpractice case alleging he botched an estate planning matter and lost his client millions in a later divorce, with a New Jersey federal court finding the client couldn't prove "proximate causation" of alleged damages in light of her subsequent divorce settlement.

  • April 01, 2024

    Clifford Chance Adds 2 Insurance, Antitrust Experts In NY

    Clifford Chance LLP has picked up two attorneys for its expanding insurance and antitrust groups, adding a specialist in private equity with more than 15 years of experience and a property and casualty loss expert.

  • April 01, 2024

    Aramark Accuses Aetna Of 'Gamesmanship' In Benefits Fight

    Aramark said Aetna sued it over an arbitration pact in Connecticut as a tactical response to Aramark's Texas suit claiming the insurer cost it millions by approving shoddy health benefit claims, and urged a federal judge to ship Aetna's suit to Texas as well.

  • April 01, 2024

    Canadian Trucking Co. Seeks US Bankruptcy Recognition

    Canadian truck dealers the Pride Group on Monday asked a Delaware judge for U.S. recognition of the Canadian insolvency proceedings it began in the face of a more than $90 million claim from Mitsubishi over an alleged loan default.

  • March 29, 2024

    Hogan Lovells Vet's High Court Debut A Study In Contrasts

    Several weeks ago, when a Hogan Lovells lawyer finally delivered U.S. Supreme Court arguments after 20 years at the firm, she parsed arcane arbitration issues and her words weren't widely heard outside the courtroom. But weeks later and back at the high court podium, her words were heard nationwide when she pointedly spotlighted a judge's use of "anonymous blog posts" in a bombshell abortion ruling.

Expert Analysis

  • New Legal Frameworks Are Instrumental For AI In Music

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    As artificial intelligence encroaches — or complements — the deeply human art of music making, creating harmony between law and technology will require all stakeholders in the music industry to provide input on intellectual property and ethical concerns, say Ariela Benchlouch and Gai Sher at Greenspoon Marder.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • Rethinking Tech Contract Terms For Governance Of AI Use

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    Traditional considerations in technology deals are often inadequate for governing artificial intelligence use, which means lawyers should revisit and reimagine existing terms across the full spectrum of relevant contracts, ranging from procurement agreements and data licenses to customer agreements, say Marina Aronchik and Samuel Hartman at Mayer Brown.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Best Practices For Defense Tech Startup Financing

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    Navigating the expanding and highly regulated defense technology sector requires careful planning and execution, starting at incorporation, so startups should prepare for foreign investor issues, choose their funding wisely and manage their funds carefully, say attorneys at WilmerHale.

  • Questions Linger Over Texas Business Court's Jurisdiction

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    If parties to a case in Texas' new business court do not agree on whether the court has supplemental jurisdiction over their claims, then those claims may proceed concurrently in another court — creating significant challenges for litigants, and raising questions that have yet to be answered, says Ryan Sullivan at Reichman Jorgensen.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Harvard's Broker Fight Shows Active Risk Management Is Key

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    Harvard University’s recently filed suit against its insurance broker for alleged malpractice in handling the Students for Fair Admissions claim illustrates that risk management requires the concerted effort of policyholders, brokers and insurers to protect against disastrous losses, say William McMichael and David Klein at Pillsbury.

  • Transparency And Explainability Are Critical To AI Compliance

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    Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.

  • What Texas Business Court Could Mean For Oil, Gas Cases

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    While the new business court in Texas might seem an ideal venue for the numerous oil and gas disputes litigated in that state, many of these cases may remain outside its reach under the rules governing the court's jurisdiction — at least for now, say Conrad Hester and Emily Fitzgerald at Alston & Bird.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • SEC Fines Mean Cos. Should Review Anti-Whistleblower Docs

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    The Securities and Exchange Commission’s expanding focus on violations of whistleblower protection laws — as seen in recent settlements where company contracts forbade workers from reporting securities misconduct — means companies should review their employment and separation agreements for language that may discourage reporting, says Caroline Henry at Maynard Nexsen.

  • Sellers Seeking Best Deal Should Focus On Terms And Price

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    Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

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