Commercial Contracts

  • April 30, 2024

    Chairman Ousted After Sex Scandal Looks To Prod Arbitration

    The ousted chairman of software investment company The Resource Group International Ltd. is urging a New York court to order his former company to submit to his arbitration claim, in which he accuses its top brass of improperly profiting after he resigned following a sexual harassment scandal.

  • April 30, 2024

    Red Bull's NY And NJ Distributor Sues Over Threats To Deal

    The New York and New Jersey distributor of Red Bull sued the energy drink company Tuesday in New Jersey federal court over allegations that it unfairly plans to terminate a 24-year-old distribution agreement, saying its entire business is at stake despite fulfilling all of Red Bull's requirements.

  • April 30, 2024

    Insurance Mogul Can't Escape $164M Dutch Payout Yet

    A shareholder accused of raiding a Dutch insurer's coffers can't stop it from trying to enforce a nearly $164 million arbitration victory, a North Carolina federal judge ruled, finding that he didn't show it's not enforceable in U.S. courts.

  • April 30, 2024

    Where VLSI-Intel's High-Stakes Patent Battle Stands Now

    Intel has managed to turn the tide on litigation where it had faced the daunting possibility of owing VLSI Technology more than $3 billion for infringing microchip patents, with the tech company winning patent invalidations and a large verdict do-over. Here's a look at where the multifaceted litigation between the companies stands.

  • April 30, 2024

    Watchdog Says USA Swimming Indemnity Suit Has No Basis

    A nonprofit watchdog overseeing reports of sexual abuse in U.S. sports has urged a Colorado state judge to toss an indemnification suit by USA Swimming, claiming there is no contract between them, much less one requiring the watchdog to pay for separate litigation in Washington state.

  • April 30, 2024

    Microsoft Says Ex-Worker Made 'Trojan Horse' Patent Claims

    Microsoft accused an ex-employee of staging a "Trojan horse" in a breach of contract case to get patent damages otherwise not allowed in state court, urging a Washington federal judge to keep control of the case over Xbox console patents.

  • April 30, 2024

    Lender Alleging Fraud Asks Court To Block Golf Club Sales

    A lender accusing the owner of multiple Atlanta golf clubs of defrauding it of more than $4 million has asked a Georgia federal court to block upcoming golf course sales to avoid the "imminent risk" that the borrower would hide the proceeds and dodge attempts to recoup losses from the alleged scheme.

  • April 30, 2024

    Conn. Mortgage Co. Settles Data Breach Claims

    A mortgage company settled a consolidated data breach class action that accused the company in Connecticut federal court of being liable for a November 2023 data breach that compromised its customers' personal information.

  • April 30, 2024

    Ex-DraftKings Exec Blocked From US Role At Rival Fanatics

    A Boston federal judge Tuesday blocked a former DraftKings executive from doing the same line of work for rival Fanatics in the U.S., citing his "evasive" testimony about his decampment to Fanatics.

  • April 30, 2024

    Hospital Says IP Spat Shouldn't Delay Children's Center Build

    A Michigan hospital system has asked a judge to deny an attempt to block construction of a children's rehabilitation hospital, saying it did not copy its former architect's design and has made significant design pivots since terminating the firm's contract.

  • April 30, 2024

    Sills Cummis Atty Must Sit For Deposition In Malpractice Suit

    A New Jersey state court judge has directed a Sills Cummis & Gross PC attorney to soon sit for a deposition in a malpractice suit filed by the former manager of musician, producer and songwriter Nile Rodgers.

  • April 30, 2024

    Conn. Atty Says Depo Reveals Referral Fee Deal Was Legit

    An attorney who says another lawyer owes him a $58,333 referral fee for handing over a personal injury case has pointed to a deposition to argue that referral "discussions" occurred despite his opponent's apparent claims that they didn't, according to a supplemental argument submitted to a Connecticut state trial court judge.

  • April 30, 2024

    Kimmel Calls Mocking Santos' Cameo Vids 'Classic' Fair Use

    Late-night TV host Jimmy Kimmel has urged a Manhattan federal court to toss a copyright complaint from indicted former congressman George Santos over Cameo clips the comedian tricked him into making for fodder on his show, saying videos to "mock a controversial political figure" are a "quintessential example" of fair use.

  • April 30, 2024

    NYC Law Firm Says Japanese Auto Supplier Owes $800K Fees

    New York law firm Florence Rostami Law LLC seeks more than $800,000 in legal fees and expenses after representing a Japanese auto part manufacturer in litigation and bankruptcy court proceedings in a contract dispute with a former vendor, the firm told a Michigan federal court.

  • April 30, 2024

    Ex-Rugby Team Owner Sues Over $6M Franchise Sale

    The former owner of an Atlanta, Georgia-based rugby team who sold it to a New Hampshire club for $6 million sued the buyer and another rugby team operator in Delaware federal court Monday, alleging that she is still owed $3.75 million from the sale.

  • April 29, 2024

    Pomerantz, Glancy Prongay Spar To Lead LexUrban Fraud Suit

    Glancy Prongay & Murray LLP and Pomerantz LLP are vying to represent a proposed class of investors in a New York federal suit against real estate company LuxUrban Hotels, with Glancy Prongay accusing Pomerantz of "cobbl[ing] together" a would-be co-counsel group and Pomerantz defending its proposed lead plaintiffs as a proper "cohesive duo."

  • April 29, 2024

    Sandoz Says Biopharma Biz Added 'Poison' To Market

    More than $160 million separate generic-drug maker Sandoz Inc. and biopharmaceutical firm United Therapeutics Corp. in their estimates of damages suffered by Sandoz when the other company effectively blocked the sale of Sandoz's generic version of a hypertension medication, according to opening statements Monday during a bench trial in New Jersey federal court.

  • April 29, 2024

    Aviation Co. Fights Delay Of Russian Planes Coverage Suit

    A Florida-based aircraft leasing company has pushed back on its insurers' request to pause its coverage suit for $700 million worth of airplanes reappropriated by Russian airlines after the Ukraine war began, saying the insurers' own litigation against reinsurers should have no bearing on its coverage claims.

  • April 29, 2024

    Amazon Files $200M Countersuit Over Solar Projects' Fallout

    Amazon claims a California-based private equity firm reneged on a pair of 15-year deals to sell it power from two new solar developments, launching a suit in Washington state court following competing allegations in California that the retail giant tried to sabotage the projects after signing the deals.

  • April 29, 2024

    6th Circ. Revives Co.'s Malpractice Suit Against Ohio Firm

    The Sixth Circuit on Monday revived a Texas real estate developer's legal malpractice claim against an Ohio law firm, remanding the case back to a lower court to consider the viability of certain professional negligence claims.

  • April 29, 2024

    Ex-Officers Seek Early Win Against Flight Attendant Union

    Former officers of the Association of Professional Flight Attendants urged a Texas federal judge to toss claims from the union that they violated their fiduciary duty, accusing the union of raising allegations to further "its political agenda against plaintiffs."

  • April 29, 2024

    Insurer Looks To Block $5.3M Theft Claim From Tribal Court

    An Ohio-based insurance company has sued several members of the Miccosukee Tribe of Indians of Florida, asking a Florida federal court to exercise jurisdiction in a coverage dispute over a $5.3 million loss from the tribe's casino by former employees.

  • April 29, 2024

    Bookstores Want In On FTC's Antitrust Case Against Amazon

    A trade group for bookstores has asked a Washington federal court for permission to intervene in the Federal Trade Commission's antitrust case against Amazon to raise concerns about the e-commerce giant's sale of books and contracts with publishers.

  • April 29, 2024

    Don't Put Cable 'Junk Fee' Rules On Biz Services, FCC Told

    Cable providers are asking the Federal Communications Commission to leave business services out of the commission's plans to end cable "junk fees," saying that doing otherwise would jeopardize lower rates negotiated by the businesses.

  • April 29, 2024

    Kemp Klein Adds Bankruptcy Atty In Mich.

    Detroit-area-based Kemp Klein Law Firm has announced it hired a new bankruptcy-focused corporate lawyer to bolster its corporate, litigation and bankruptcy practices.

Expert Analysis

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • What 3rd Circ. Trust Ruling Means For Securitization Market

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    Mercedes Tunstall and Michael Gambro at Cadwalader break down the Third Circuit's March decision in Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust, as well as predict next steps in the litigation and the implications of the decision for servicers and the securitization industry as a whole.

  • Clemson's ACC Exit Fee Suit May Have Major Consequences

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    Clemson University's recent suit in South Carolina state court against the Atlantic Coast Conference, which challenges the ACC's $140 million exit fee and its ownership of member schools' media rights, would likely have enormous ramifications for ACC members in the event of a definitive court ruling, say William Sullivan and Alex Anderson at Pillsbury.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • A Key Pitfall Of Restricted Subsidiaries In Loan Agreements

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    In loan agreements, the treatment afforded to non-loan party restricted subsidiaries' EBITDA presents subtle, but serious threats to lenders that require thoughtful attention in underwriting and drafting, say David Ebroon at JPMorgan Chase and ​​​​​​​Jared Zajac at Cadwalader.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • New Proposal Signals Sharper Enforcement Focus At CFIUS

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    Last week's proposed rule aimed at broadening the Committee on Foreign Investment in the United States' enforcement authority over foreign investments and increasing penalties for violations signals that CFIUS intends to continue expanding its aggressive monitoring of national security issues, say attorneys at Kirkland.

  • How Companies Can Use Big Data As A Strategic Asset

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    Artificial intelligence technology powered by big data has the potential to create radical improvements to business operations, but if big data is improperly protected or monetized, this same information can give competitors similar advantages, or at the very least undermine a company's edge, say Gary Weinstein and Hudson Peters at Faegre Drinker.

  • How Retail Tenants Can Avoid Paying Rent Prematurely

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    When negotiating leases for spaces in shopping centers, retail tenants should ensure that the language specifies they only need to begin paying rent when the center is substantially occupied as a whole, as it can be difficult to modify leases that are executed without co-tenancy requirements or termination rights, say Joshua Bernstein and Benjamin Joelson at Akerman.

  • Policy Misrepresentations Carry Insurance Rescission Risks

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    The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.

  • Analyzing New EU Measure To Prevent Reexports To Russia

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    Niels Ersbøll, Alexander Italianer and Laura Beuls at Arnold & Porter offer a comprehensive overview of the European Union's new rule requiring export agreements to contain a clause prohibiting the reexport of goods to Russia, and discuss what companies should do to ensure compliance.

  • 3 Tech Sourcing Best Practices That Are Relevant For AI

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    It might be tempting to think that sourcing artificial intelligence tools requires a completely new set of skills, but the best practices that lead to a good deal are much the same as traditional technology procurement, says Mia Rendar at Pillsbury.

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

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