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Commercial Contracts
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June 26, 2025
Peru Seeks Info For Criminal Cases Tied To Toll Road Row
Peru asked a New York federal judge to allow discovery on a Brookfield unit and major North American banks to aid criminal proceedings involving an allegedly corrupt toll road contract at the heart of $200 million worth of arbitral awards the South American country's capital city has been unable to shake.
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June 26, 2025
Italian Winery Claims $53M Loss From Importer's Interference
The Italian maker of Kris wine is suing its former importer in California federal court on claims that it asserted exclusive rights to the brand and sabotaged new deals after their agreement was terminated, saying the U.S. company breached an arbitration award and caused more than $53 million in damages.
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June 26, 2025
Ga. Appeals Court Reverses Sanctions In Sinkhole Fight
The Georgia Court of Appeals has reversed a trial court's decision to strike the complaint of a property owner over discovery violations in a fight over a sinkhole, ruling that Peachtree Renaissance Property LLC was not given a fair hearing before the sanctions were handed down.
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June 26, 2025
Grocer Drops Insurer From NC Opioid Coverage Suit
A grocery chain and a Chubb unit told a North Carolina state court they've agreed to drop their insurance coverage claims against each other with prejudice over a raft of underlying opioid lawsuits.
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June 26, 2025
UHC Accused Of Withholding $2M In Claims From NC Provider
UnitedHealthcare Insurance Co. siphoned millions of dollars from a North Carolina emergency medicine provider in an "extortionate scheme" by refusing to pay its customers' emergency medical claims, the provider has alleged in North Carolina federal court.
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June 26, 2025
Del. Justices Mull New Appeal In $1.5B Pipeline Co. Cashout
An attorney for cashed-out minority unitholders of Boardwalk Pipeline Partners LP urged Delaware's Supreme Court to consider whether a controlling investor's interests "subverted" a crucial attorney fairness opinion used to justify a 2018, $1.5 billion deal that took the company private.
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June 26, 2025
2nd Circ. Won't Void Aerospace Co.'s $5M Hedge Fund Loan
The Second Circuit has said a New York federal judge was correct in rejecting aerospace company Xeriant's bid to void a $5 million loan deal with Auctus Fund LLC, ruling that while the hedge fund was not registered with the U.S. Securities and Exchange Commission as a dealer, the contract didn't obligate it to do so.
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June 26, 2025
Fla. Suit Claims Popeyes Unfairly Targeted Franchisee
A longtime Popeyes franchisee has brought a petition in Florida federal court to halt what he claims are unfair tactics to sell his two stores in Virginia, claiming the restaurant corporation has engaged in a campaign to push him out in favor of a larger, corporate-backed operator.
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June 26, 2025
Conn. Atty Can't Intervene In Ex-Partner's Digital Data Bid
Connecticut Trial Firm LLC co-founder Ryan McKeen cannot intervene in a discovery bid launched by his former 50-50 law partner Andrew Garza because the proceeding is not a "civil action" under the relevant statute, a state court judge has ruled.
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June 26, 2025
Calif. Judge Rejects CoStar, CREXi's Early Win Bids In IP Row
A California federal judge has rejected cross partial summary judgment bids made by property listing rivals CoStar Group Inc. and Commercial Real Estate Exchange Inc. in CoStar's copyright infringement suit against CREXi, which is accused of stealing nearly 50,000 CoStar commercial real estate images.
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June 26, 2025
9th Circ. Rejects Amazon's Bid To Claw Back Antitrust Docs
A Ninth Circuit panel has summarily refused to reverse a Washington federal court ruling that rejected Amazon's bid to claw back documents inadvertently produced in a trio of proposed antitrust class actions.
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June 26, 2025
'50 Cent' Liquor Biz Can Target Ex-Boss's Home In Ch. 7
A Connecticut bankruptcy judge ruled that famous rapper Curtis "50 Cent" Jackson's liquor company Sire Spirits LLC can enforce its lien on its former brand manager Mitchell Green's home in Westport to get some recovery for a $7 million fraud judgment against him, even as Green goes through Chapter 7 proceedings.
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June 26, 2025
NC Biz Court Stalls Foreclosure Sale On Development Project
One hour before a foreclosure sale was set to take place, a North Carolina judge stepped in to block the auction after a property owner accused its partners on a 55-acre development of abusing lending, lien and foreclosure laws in a scheme against the owner.
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June 25, 2025
Chevron Denies Contract With Venezuelan Co. In $24M Suit
Chevron Corp. has told a Texas federal judge to dismiss a Venezuelan company's lawsuit over $24 million in unpaid invoices, arguing that it didn't have a contract with the company to begin with.
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June 25, 2025
Security Co. Claims Ex-Exec's Side Biz Stole Guyana Deals
The founder of an Alabama-based perimeter security corporation accused its former chief operating officer of breaching a noncompete agreement, alleging in a Florida state court lawsuit that he formed a rival company to pursue business opportunities in the South American country of Guyana, including a communications deal with SpaceX.
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June 25, 2025
Publicis Hits Landlord With $3M Buildout Reimbursement Suit
A subsidiary of global public relations firm Publicis Groupe sued Market Holdings Co. LLC in Washington federal court for more than $3 million, alleging that the commercial landlord must reimburse it for a multimillion-dollar buildout project in a Seattle office property that Market Holdings leased to the company.
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June 25, 2025
Late Conn. Doc's Estate To Defend Insemination Fraud Cases
The patients of a recently deceased Connecticut fertility doctor have asked a state court to substitute his estate as the defendant in their lawsuit, which claims the doctor secretly inseminated women with his own sperm in the 1980s.
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June 25, 2025
Aetna, CVS Slam Lab's Revised Suit Seeking $20.6M Payment
Aetna and its owner, CVS Health Corp., say a medical laboratory's revamped lawsuit alleging that $20.6 million in invoices remain unpaid fares no better than an earlier version that led a Connecticut federal judge to show the lab the courthouse door earlier this year.
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June 25, 2025
Adviser's $300M Ponzi Dismissal Bid 'Specious,' Investor Says
An investor who was roped into what the federal government has called a $300 million Ponzi scheme asked a Georgia federal judge Wednesday to keep their suit alive, arguing they shouldn't be subject to heightened pleading standards for a fraud claim they never made against a Peach State financial adviser.
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June 25, 2025
Insurer Seeks Exit From $1.7M Oil Pipeline Explosion Verdict
An insurer for a company specializing in providing nitrogen services for oil pipelines told a Texas federal court it should owe no coverage for a more than $1.7 million jury verdict against the company stemming from a pipeline explosion, pointing to exclusions for breach of contract and faulty work.
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June 25, 2025
Spirit Flags Competition Concerns Over United-JetBlue Pact
Spirit Airlines LLC has filed a complaint with federal transportation regulators contending that a recently announced partnership between United Airlines and JetBlue raises issues similar to an alliance between American and JetBlue that was blocked over competition concerns.
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June 25, 2025
Timberwolves' Contested Sale Gets NBA Owners' Approval
NBA team owners have unanimously approved the $1.5 billion sale of the Minnesota Timberwolves and Lynx to a consortium led by former limited partners Marc Lore and Alex Rodriguez, advised by Wachtell Lipton Rosen & Katz and Sidley Austin LLP, in a deal they first reached in 2021.
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June 25, 2025
Hanford Contractor To Pay $6.5M To Settle Fraud Allegations
A contractor tapped to manage and operate a tank farm holding millions of gallons of hazardous and radioactive waste at the Hanford nuclear site in Washington will pay $6.5 million to settle claims it overcharged the U.S. Department of Energy for labor hours, according to federal prosecutors.
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June 25, 2025
Biden WH Counsel, Civil Rights Atty Joins Cooley's DC Team
A former associate White House counsel to President Joe Biden, who has worked in the Senate and in leadership roles in higher education, has joined the litigation team at Cooley LLP, having served alongside some of his new colleagues while representing victims of the 2017 white supremacist rally in Charlottesville, Virginia.
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June 25, 2025
Farm Products Co. Sues Ex-Owner Over Trade Secrets Theft
Agricultural products company AgXplore sued a former owner claiming that after a $100 million buyout he continued to compete with the company and misappropriated its trade secrets.
Expert Analysis
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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A Deep Dive Into Singapore's New Int'l Arbitration Rules
The latest revisions to the Singapore International Arbitration Centre's rules, effective as of Jan. 1, contain numerous innovative and industry-leading updates, including new rules on coordinated and emergency procedures, and third-party funding, say attorneys at WilmerHale.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Trump Likely To Prioritize Trade, Customs Fraud Enforcement
With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.
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Recent Suits Show Antitrust Agencies' Focus On HSR Review
The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Private-Bidding Compliance Lessons From Siemens Plea Deal
Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.
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FTC Report On AI Sector Illuminates Future Enforcement
The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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The Fed. Circ. In 2024: 5 Major Rulings To Know
In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Mass Arbitration Procedures After Faulty Live Nation Ruling
Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.