Commercial Contracts

  • May 06, 2024

    Asiana Airlines Says $50M Catering Award Can't Be Enforced

    South Korea's Asiana Airlines has urged a California federal court not to enforce a $50 million arbitral award issued to a catering company, saying the underlying contract, which guaranteed the caterer "unheard of profits," was only inked in exchange for a bribe paid to its disgraced former chairman.

  • May 06, 2024

    Judge Weighs Discovery Need On McD's No-Poach Standard

    No-poach antitrust litigation against McDonald's is getting back underway in Illinois federal court following the U.S. Supreme Court's refusal of the fast food giant's appeal, spurring the district court judge to consider whether more discovery might be needed to determine the appropriate standard that will govern the case.

  • May 06, 2024

    Colo. Court Order Smashes Atty-Client Privilege, Insurer Says

    The Colorado Supreme Court has agreed to take up an appeal of a Denver trial court order in a construction insurance case that an insurer warns would "eviscerate privilege protection for the vast majority of attorney-client privileged communications in society."

  • May 06, 2024

    Colo. Justices To Hear College COVID Refund Case

    The Colorado Supreme Court said Monday it will consider whether students at Colorado State University campuses can still pursue a class action seeking fee refunds after a state appeals court found the public university system was justified in closing campuses because of the coronavirus pandemic.

  • May 06, 2024

    Judge Turns Down Realtek's Patent 'Conspiracy' Case

    A California federal judge has found that Taiwanese chipmaker Realtek can't use the federal courts to sue one of its major rivals for allegedly using a "bounty" to fund "patent troll" litigation against it because that doesn't break any federal antitrust laws.

  • May 06, 2024

    NOLA Can't Arbitrate $51M Airport Defect Row With Insurers

    A Louisiana federal judge granted a group of insurers a preliminary injunction Monday, relieving them from forced arbitration in a dispute over alleged design defects at a new $1 billion terminal of the Louis Armstrong New Orleans International Airport.

  • May 06, 2024

    Bridgewater Fights To Keep Bias Claims Under Wraps

    Connecticut asset management firm Bridgewater Associates LP fought Friday to keep dispute with two terminated employees over alleged discrimination in arbitration, saying the Federal Arbitration Act bans its ex-workers from using state court procedures contrary to private dispute resolution agreements, and from airing grievances in public.

  • May 06, 2024

    University Policy Is Enforceable Promise, Colo. Justices Find

    The University of Denver must face breach-of-contract claims by a former student who alleges school officials botched a sexual misconduct probe used to support his expulsion, with the Colorado Supreme Court concluding on Monday that the promise in university policy to conduct "thorough, impartial and fair" investigations is enforceable under contract law.

  • May 06, 2024

    Class Actions Target Conn. Dealership Prices For 'VIN Etching'

    Three proposed class actions seeking to represent thousands of automobile buyers have accused Connecticut dealerships of overcharging for a service called VIN etching, which is designed to make it harder for thieves to offload stolen vehicles.

  • May 06, 2024

    Schools, Towns Reach Deal With Artificial Turf Maker

    A class of New Jersey school districts and municipalities has asked a New Jersey federal judge to give preliminary approval to a settlement with FieldTurf USA Inc. to resolve multidistrict litigation over claims its synthetic turf fields are defective.

  • May 06, 2024

    Chamber's Noncompete Challenge On Hold For Earlier Case

    A Texas federal court has paused the U.S. Chamber of Commerce's case challenging the Federal Trade Commission's pending ban on noncompetes and encouraged the group to join a case filed a day earlier by tax services and software company Ryan LLC.

  • May 06, 2024

    4th Circ. Clinches NBA Star Win In Legal Saga With Ex-Agent ​​​​​​​

    NBA star forward Zion Williamson secured a Fourth Circuit victory on Monday in a prolonged legal battle with his would-be agent, with a unanimous panel ruling his contract with the Florida marketing agency was void under a North Carolina law governing student-athlete representation.

  • May 06, 2024

    Blaze Media Must Show Docs In Harassment Suit, Judge Says

    A Texas federal judge ordered Blaze Media to cough up documents relating to a former commentator accused of sexual harassment, finding that the conservative media company didn't do enough to show that the discovery requests were overly broad and concerned confidential information.

  • May 06, 2024

    Margolis Edelstein Wants Redo Of Malpractice Ruling In Del.

    Margolis Edelstein wants the Delaware Supreme Court to reconsider its decision reviving an insurer's malpractice suit claiming its incompetence caused the insurer to have to settle a case for $1.2 million, and is asking the full court to rehear the matter.

  • May 06, 2024

    Ga. Judge Blows Whistle On Football Squad's League Flip

    After a false start last month, a Georgia federal judge on Monday granted an indoor football league's request to block one of its former teams from jumping ship and competing in the rival Arena Football League, adding to the AFL's growing troubles just two weeks into its season.

  • May 06, 2024

    Battery Startup Ambri Hits Ch. 11 With Lender Sale Plans

    Massachusetts battery developer Ambri Inc. filed for Chapter 11 protection in Delaware with over $50 million in liabilities and a credit bid stalking horse offer from a group of secured noteholders after fundraising efforts last year fell short.

  • May 03, 2024

    Meta Asks 9th Circ. To Revisit Predominance In Ad Class Cert.

    Meta Platforms Inc. on Friday asked the Ninth Circuit to take a fresh look at a split panel decision affirming certification of a damages class of potentially millions of advertisers who were allegedly deceived about Facebook's "potential reach" tool, taking issue with the panel majority's "sweeping" interpretation of the predominance requirement.

  • May 03, 2024

    Greenberg Traurig No Longer Repping Guatemala In $32M Suit

    Guatemala's newly elected government has decided not to have Greenberg Traurig as its counsel in its fight against a construction and engineering firm's bid to enforce $31 million in arbitral awards, according to a Friday filing in a D.C. federal court.

  • May 03, 2024

    Panama Builder Seeks TRO In Del. After Port Case Remand

    Victims of an alleged "brazen and intricate" international scheme to steal an entire $1.4 billion Panama Canal port project by way of sham Delaware companies and claims urged a Delaware vice chancellor on Friday to convene a temporary restraining order hearing next week to sidetrack the effort.

  • May 03, 2024

    NY Judge Urged To Detain Chinese Tycoon Who Owes $500M

    A trio of Chinese investors have urged a New York federal judge to prevent a Chinese cinema magnate from being deported, saying he will otherwise skip town without paying more than $500 million in arbitral awards and nearly $164,000 in attorney fees.

  • May 03, 2024

    'Reckless' NY Developer Owes Investor $3M+, Suit Says

    A real estate investor is owed at least $3 million tied to its stake in a commercial development project in Shelton, Connecticut, according to a lawsuit in state court that accuses a Brooklyn-based developer of misusing money.

  • May 03, 2024

    Nikola Ends Board Takeover Suit As Ex-CEO's Noms Withdraw

    An Arizona federal judge on Thursday agreed to toss Nikola Corp.'s complaint against its former CEO and convicted felon Trevor Milton and several others accusing them of an illegal board takeover by pushing unqualified candidates, after the defendants withdrew their board nominees and the parties amicably resolved the dispute.

  • May 03, 2024

    Chamber Blasts FTC Bid For Member IDs In Noncompete Suit

    The U.S. Chamber of Commerce is defending its ability to represent anonymous members in its Texas federal suit challenging the Federal Trade Commission's pending noncompete ban, arguing that the FTC's attempt to block that representation is "radical and unprecedented."

  • May 03, 2024

    Off The Bench: DraftKings, FIFA Warning, Charity Turmoil

    In this week's Off The Bench, DraftKings blocks a former executive from working at an emerging rival in the U.S., FIFA's transfer rules get flagged as a potential antitrust breach and the nonprofit marshaling donations to NFL safety Damar Hamlin sues its former counsel over media leaks.

  • May 03, 2024

    Berkshire Hathaway Countersuit Tossed From Contractor Spat

    A California federal judge tossed Berkshire Hathaway's counterclaims in a $17 million coverage dispute with a fiber optic network developer over an unfinished project, ruling that the insurer failed to meet heightened standards after claiming the developer conspired to prevent the contractor from performing its work.

Expert Analysis

  • Del. Dispatch: Lessons From Failed ETE-Williams Merger

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    Attorneys at Fried Frank delve into the Delaware Supreme Court's recent decision in Energy Transfer v. Williams to highlight the major monetary consequences of a failed merger, and show why merger agreement drafting and factual context are of utmost importance.

  • Get Ready For Calif.'s Expanded Restrictive Covenant Ban

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    California recently passed the second of two new laws that together largely prohibit restrictive covenants, even for certain out-of-state employers — and since there's not much time before the statutes become effective, now is the time for companies to revisit how their confidential information will be protected, says Russell Beck at Beck Reed.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • High Court Bakery Driver Case Could Limit Worker Arbitration

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    Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.

  • Diamond Sports Cases Shed Light On Executory Contracts

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    Recent Texas bankruptcy cases involving telecast fees payable by Diamond Sports to certain Major League Baseball teams provide a window into the dynamic relationship that can develop between debtors and counterparties under some executory contracts, say Joseph Badtke-Berkow and Robin Spigel at Allen & Overy.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • How To Advertise Carbon Reductions Under New Calif. Law

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    As more companies advertise their efforts to reach the status of carbon neutral or net zero, California's recently enacted Voluntary Carbon Market Disclosures Act aims to force companies to more clearly disclose the basis for such claims — and there's not a lot of time to comply, say Gonzalo Mon and Katie Rogers at Kelley Drye.

  • Mass. Bill May Alter Deals Involving Both Goods And Services

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    Massachusetts' proposed H.B. 1112 would adopt several model Uniform Commercial Code amendments, including a new rule for hybrid transactions that could affect risk assessments made by lenders in determining whether to make loans that involve materials and equipment, especially in the context of construction projects, say attorneys at Barclay Damon.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Lessons On Arbitration Carveouts From Diddy-Diageo Suit

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    After Sean "Diddy" Combs brought a racial discrimination suit in New York state court against Diageo, the company has been unable to compel arbitration under its distribution agreement with Combs, underscoring the importance of narrowly tailoring arbitration carveouts for injunctive relief, says Rosanne Felicello at Felicello Law.

  • Calif. Right To Repair Law Highlights A Growing Movement

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    New legislation in California is a comprehensive victory for the "right to repair" movement — signaling that this push for legal reform represents a multifaceted challenge to the status quo not only on the consumer rights front, but also in the fields of copyright, software, antitrust and warranty law, says Courtney Sarnow at Culhane Meadows.

  • What Panama Canal Award Ruling Means For Int'l Arbitration

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    As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.

  • Hollywood Labor Negotiations Provide AI Road Map

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    Sigma Khan at Henein Hutchison uses the recent Hollywood labor strikes — one of the first instances of a mass entertainment industry legal conflict where concerns over artificial intelligence's intrusion into the workspace has become a crucial issue — to analyze how litigation, legislation and contracts can aid in a landscape transformation precipitated by AI.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • When And How Companies Should Build An AI Strategy

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    Once a company has decided to engage with artificial intelligence, there are myriad steps that need to be taken, beginning with the creation of an AI leadership team that has deep knowledge about the company's business risks and is highly respected by senior management, say Judith Rinearson and Corey Bieber at K&L Gates.

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