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Commercial Contracts
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June 04, 2024
Bread Financial Wants Suit Over Spinoff's 'Death Spiral' Axed
Financial services company Bread Financial Holdings Inc. and its CEO have asked an Ohio federal judge to toss a proposed investor class action over the alleged "death spiral" of a now-bankrupt spinoff company, saying the suit actually details Bread's "good faith efforts" to establish the spinoff as a successful independent venture.
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June 04, 2024
Fla. Biz Owners Indicted On Grant-Writing Fraud Conspiracy
Two northern Florida business owners have been federally indicted on fraud conspiracy-related charges in connection to a scheme in which they allegedly stole nearly $3 million from minority-owned companies by promising grant-writing services that were never delivered.
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June 04, 2024
Construction Co. Says $1B Texas Chemical Plant Bill Unpaid
The construction company behind a multimillion-dollar chemical processing facility near the Texas coast has accused the plant's owner of refusing to pay it for its work, despite making changes to the original scope of the facility that caused extra construction costs and delays.
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June 04, 2024
Ex-NFL Player Settles With Former Partner In Colo. Reptile Biz
Former NFL player Chadwick Brown has settled a lawsuit with his former business partner in a Colorado reptile shipping company less than a month before trial, resolving allegations that Brown tried to strip the former partner of his stake in the company, according to a recently filed notice in state court.
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June 04, 2024
BofA Gets First Nod For $21M Wire Fee Settlement
A North Carolina federal judge gave an early nod Tuesday to a $21 million settlement between Bank of America NA and the proposed class of its customers who accused it of slapping $15 "junk fees" on their incoming wire transfers, with $7 million of the deal going to class counsel.
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June 04, 2024
Bally Sports Parent Reaches Multiyear Fubo Carriage Deal
The bankrupt owner of Bally Sports-branded regional sports networks told a Texas judge Tuesday that it has reached a multiyear agreement with fuboTV to continue that company's carriage of the debtor's channels on its streaming platform, adding to its roster of new distribution deals as a hearing on its Chapter 11 plan nears.
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June 04, 2024
CFPB Cautions Firms Against Contractual 'Fine Print Tactic'
The Consumer Financial Protection Bureau on Tuesday warned banks and other financial services firms against trying to "trick" consumers with unenforceable waivers in their customer contracts, saying their use of certain contractual terms and conditions can open them up to supervisory or enforcement action.
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June 04, 2024
Nurse Staffing Exec Wants Antitrust, Fraud Charges Separated
An indicted home health care staffing executive asked a Nevada federal court to separate the antitrust charge against him for allegedly fixing nurses wages from claims that he concealed the conspiracy and government probe when selling the business for more than $10 million.
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June 04, 2024
Developer, Buyer Settle $10M Miami Condo Dispute
A German citizen and a developer have settled their dispute over a $9.6 million deal to buy a highly customized duplex condominium unit in a new Miami high rise, according to a notice filed in Florida federal court Monday.
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June 04, 2024
Houston IP Firm Settles Trade Secrets Case With Ex-Law Clerk
Houston-based intellectual property law firm Lloyd & Mousilli PLLC and a former law clerk accused of stealing confidential information while working virtually from California reached a settlement in a lawsuit brought by the firm in a Texas federal court.
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June 04, 2024
Ex-Restoration Co. Execs 'Teeter' On Contempt, Judge Says
The former presidents of a property restoration company have staved off civil contempt after narrowly convincing a North Carolina Business Court judge that they merely misunderstood an injunction curbing their business activities as opposed to flagrantly disregarding it.
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June 03, 2024
Voir Dire With No Judge Present Persists In State Courts
Data released Friday by the National Center for State Courts revealed that voir dire conducted by lawyers with no judge present in the room persists in 7% of state court trials, but has been virtually eliminated in federal courts.
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June 03, 2024
Michaels Stole Paint-By-Number IP, Company Says
A paint-by-number company told a jury Monday during opening arguments in Texas federal court that arts and crafts corporation Michaels Stores Inc. used the company's trademarks to create a competing product, saying it only learned of the phony product after a customer called in praising it.
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June 03, 2024
11th Circ. Backs Freeze Of Grants For Black Women Only
In a split decision Monday, the Eleventh Circuit said that a Georgia federal judge should have blocked a Black-led venture capital firm from awarding grants to businesses owned only by Black women, opining that the practice was "substantially likely" to violate federal law barring racial discrimination in the writing of contracts.
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June 03, 2024
Ex-Biopharma Co. Prez Accused Of Defecting With Secrets
Biopharmaceutical firm United Therapeutics Corp. has accused a former executive of violating an employment agreement by taking ideas to a rival company to develop a competing lung treatment.
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June 03, 2024
USDA Proposes Another Rule To Protect Chicken Farmers
The U.S. Department of Agriculture proposed a rule Monday to make changes to the way poultry farmers are compensated, as the agency looks to address alleged abuses by the large processing companies that also supply the chickens.
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June 03, 2024
Fifth Third Bank Sued Over 'Hidden' Cost Of Solar Panel Loans
Fifth Third Bank faces a proposed class action alleging that its solar panel financing business violated the federal Truth in Lending Act by failing to disclose that it keeps a significant portion of the cost of certain solar panel system purchases while telling consumers it was lending to them at a low interest rate.
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June 03, 2024
Navy Federal Lets AI Co. Monitor Calls, Suit Says
Navy Federal Credit Union has been letting an artificial intelligence software company intercept, analyze and record all its customer calls, according to a new lawsuit accusing the nation's largest credit union of putting its members' confidential, personal and financial information at risk.
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June 03, 2024
American Says 'Common Sense' Makes JetBlue Deal A Positive
An attorney for American Airlines appeared to run into turbulence during his First Circuit oral arguments Monday while contending that the mere presence of "upward pricing pressure" from the since-blocked Northeast Alliance joint venture with JetBlue is outweighed by deal benefits improperly ignored by the district court.
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June 03, 2024
Everton's Sale To Embattled PE Firm Off The Table, For Now
Everton Football Club has let its sale to private equity firm 777 Partners LLC lapse amid legal troubles for the buyer and concerns from minority shareholders about the deal, although no official reason was given in its Saturday announcement.
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June 03, 2024
Surgeons Denied Early Exit From GEICO's Bogus Injury Suit
A pair of orthopedic surgeons can't escape GEICO's lawsuit claiming they conspired with a personal injury attorney to file inflated insurance claims for car accident victims based on bogus medical documents, a North Carolina federal judge ruled Monday.
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June 03, 2024
Chicago Restaurant Biz Can Fix Testimony Without Sanctions
A Cook County judge on Monday refused to order the management group behind celebrated Chicago eatery Maple & Ash to produce thousands of documents that it claims are subject to attorney-client privilege as a sanction for misstating when an engagement letter was signed in sworn testimony, saying the issue was concerning but deeming the relief sought inappropriate.
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June 03, 2024
Las Vegas Newspaper Fights Rival's Bid To Set Trial Date
The Las Vegas Review-Journal and the Las Vegas Sun are at each other's throats over setting a trial date in a yearsold dispute accusing the Review-Journal, formerly owned by the now-deceased conservative and billionaire Sheldon Adelson, of trying to drive its more liberal rival out of business.
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June 03, 2024
Title Insurer Says Ga. Firm Must Repay $158K For Deed Error
A title insurance company said a Georgia law firm must reimburse it $158,000 for negligently issuing a title insurance policy on a real estate closing, telling a Georgia federal court that it is entitled to contractual and common law indemnity for its losses.
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June 03, 2024
Bookstores Can't Step Into FTC's Antitrust Fight With Amazon
A Washington federal judge on Monday declined to allow booksellers to intervene in the Federal Trade Commission's antitrust suit against Amazon to raise concerns about the digital retailer's book sales and agreements with publishers, but invited them to seek permission to file an amicus brief instead.
Expert Analysis
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Negotiating Milestones In Pharma Licenses Requires Care
For life sciences companies, understanding the unique issues that arise in licensing agreements' milestone payment provisions can increase the likelihood and amount of payments received by the licensor and ensure payments are carefully and closely tied to events that truly drive value for the licensee, say Edward Angelini at Amneal Pharmaceutical and Lori Waldron at Sills Cummis.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Independent Regulator Could Chip Away At FIFA Autonomy
After the U.K.'s recent proposal for an independent football regulator, FIFA's commitment to safeguarding football association autonomy remains unwavering, despite a history of complexities arising from controversies in the bidding and hosting of major tournaments, say Yasin Patel at Church Court Chambers and Caitlin Haberlin-Chambers at SLAM Global.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Examining The Arbitration Clause Landscape Amid Risks
Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.
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10 Areas To Watch In Aerospace And Defense Contracting Law
The near future holds a number of key areas to watch in aerospace and defense contracting law, ranging from dramatic developments in the space industry to recent National Defense Authorization Act updates, which are focused on U.S. leadership in emerging technologies, say Joseph Berger and Chip Purcell at Thompson Hine.
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Meta Data Scraping Case Has Lessons For Platforms, AI Cos.
The California federal court ruling that artificial intelligence company Bright Data's scraping of public data from Meta social media sites does not constitute a breach of contract signals that platforms should review their terms of service and AI companies could face broad implications for their training of algorithms, say attorneys at Arnold & Porter.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.
A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.
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Assessing 2 Years Of High Court's Arbitration Waiver Ruling
In the two years since the U.S. Supreme Court's decision in Morgan v. Sundance, clarifying that no special rules apply to waiver of arbitration provisions, the ruling has had immediate ramifications in federal courts, but it may take some time for the effects to be felt on other federal issues and in state courts, say attorneys at Norton Rose.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.