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Commercial Contracts
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May 15, 2024
Sports Atty Settles Spat With Colo. Youth Hockey Org
The Colorado Amateur Hockey Association and a lawyer who's also an agent for professional athletes told a state court judge in Denver on Wednesday that they've resolved their dispute over the termination of the attorney's contract, before a trial that was scheduled to begin next week.
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May 15, 2024
Law Firm Urges Reversal Of Malpractice Arbitration Award
The Ferraro Law Firm urged a Florida appeals court Wednesday to reverse a trial court order upholding a $1.5 million arbitration award against it over alleged malpractice, arguing that its opponent and former client improperly got a successor trial judge to reverse course after the first one vacated the arbitration ruling.
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May 15, 2024
Colo. Law Firm Settles Bad Faith Suit Against Insurer
A personal injury firm has notified a Colorado federal court it has reached an agreement with its insurer in a coverage dispute over litigation costs from another suit against a former attorney accused of trying to lure away the firm's class action department after her departure.
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May 15, 2024
Data On Harm Intrigues Pa. Justices In Hospital Closure Spat
While tasked with considering how much deference appellate panels must give trial courts in matters involving preliminary injunctions, the Pennsylvania Supreme Court on Wednesday was equally curious about whether one such injunction needed to be supported by data showing that a hospital's closure would irrevocably hurt a Delaware County community.
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May 15, 2024
Anthem Blue Cross Owes $3.8M For COVID Tests, Lab Says
Anthem Blue Cross Blue Shield of Connecticut should be forced to pay nearly $3.8 million for medical laboratory work, including COVID-19 tests, that the insurer either denied, underpaid or failed to acknowledge, according to a federal lawsuit by a New Jersey-based company with facilities in Pennsylvania.
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May 15, 2024
Startup Consultant Hits Hemp Co. With $2.1M Fee Suit
A consulting firm focused on helping startup companies raise capital is taking an industrial hemp firm, its owners and a guest lecturer at the University of Michigan's business school to Ohio federal court over $2.1 million in consulting fees it says it never got to collect.
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May 15, 2024
Insurer Secures Early Win In $5M Warehouse Damage Row
An insurer doesn't have to cover over $5 million in damage a property owner said it sustained after a warehouse break-in, a Pennsylvania federal judge ruled, finding that a vacancy provision in a commercial insurance policy wasn't ambiguous and the insurer didn't act in bad faith.
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May 15, 2024
$2.5M Atty Sanctions Ruling Befuddles 7th Circ. Judge
A Seventh Circuit judge seemed perplexed Wednesday over how to resolve the "interesting mess" he said a district court created by sanctioning a Chicago attorney $2.5 million for taking the wrong artist to trial despite that district judge letting the case proceed in the first place.
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May 15, 2024
Fired NC County Atty Launches Race Bias Suit
A former Pitt County, North Carolina, government attorney has alleged in a federal lawsuit that the county manager's racial animus and the lawyer's concerns about contracting compliance got him fired after only 90 days on the job.
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May 15, 2024
Feds Tell Justices $3.1B Satellite Deal Isn't Reviewable
The Biden administration has urged the U.S. Supreme Court against reviewing an order dismissing claims that a contractor was pushed out of a $3.1 billion military satellite deal, saying the transaction was a sovereign action shielded from court review.
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May 15, 2024
Lender Drops $4M Fraud Suit Against Ga. Golf Course Owner
Lender U.S. Strategic Capital Advisors has moved to voluntarily drop its lawsuit accusing the owner of an Atlanta-area golf course of using a more than $4 million loan to prop up other businesses, shortly after a Georgia federal judge denied successive efforts to wrest control of his assets.
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May 15, 2024
Mortgage Co.'s $2.4M Data Breach Settlement Gets Initial OK
A Connecticut federal judge gave her initial sign-off to a $2.4 million settlement between mortgage firm Planet Home Lending LLC and a consolidated class of customers whose personal data, including their Social Security numbers, was exposed in a cyberattack.
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May 14, 2024
Venable Opens Colo. Office With 8 Sherman & Howard Attys
Venable LLP is growing its presence by opening its first office in Colorado, with eight commercial and employment attorneys from Sherman & Howard LLP opening its Denver location, which will be headed by partner-in-charge James "Jim" Sawtelle, the firm announced Tuesday.
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May 14, 2024
'Secret' Docs Show Samsung Breached Netlist Deal, Jury Told
An attorney for Netlist told a California federal jury Tuesday during opening statements in its breach of contract suit against Samsung that "secret documents" will show that the technology giant's executives gleefully sought to crush Netlist by cutting off its supply of crucial computer memory products.
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May 14, 2024
Holland Adds Healthcare Transactions Partner In Chicago
Holland & Knight on Tuesday announced the arrival of attorney John Saran on its healthcare transactions team, who joins after nine years at Ropes & Gray LLP.
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May 14, 2024
Boeing Can't Beat Rival's Trade Secrets Claim, 11th Circ. Hints
Counsel for Boeing attempted to convince the Eleventh Circuit on Tuesday that a rival aircraft company's bid to claim unjust enrichment amid a long-running U.S. Air Force contract fight should be barred by contract language that waived claims for damages stemming from Boeing's allegedly underhanded bidding tactics.
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May 14, 2024
Boeing Jury To Sift Through Failed Electric Jet Partnership
Washington-based Zunum Aero Inc. was soaring in 2017 when The Boeing Co. invested millions to propel development of a hybrid-electric or all-electric jet that the startup boasted could make air travel greener, faster and cheaper.
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May 14, 2024
Energy Cos. Don't Have To Clarify Financier Takeover Claims
The founders of several Houston energy companies don't have to clarify a state court complaint in which they accuse an equity shareholder and several companies he manages of a scheme to take over their companies and steal millions in their membership interests, a Texas state judge has ruled.
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May 14, 2024
Shire Settles Claims Over Alleged ADHD Generic Delay
Purchasers of the medication Intuniv have settled a years-old class action against drugmaker Shire PLC and manufacturer Actavis over allegations that the companies struck an anti-competitive deal to delay the production of a generic version of the attention-deficit/hyperactivity disorder drug.
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May 14, 2024
Biden Signs Bipartisan Russian Uranium Products Ban
A ban on the import of Russian uranium will be phased in beginning in August, following U.S. President Joe Biden's signing of bipartisan legislation.
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May 14, 2024
Katten Adds M&A Litigation Practice Chair From DLA Piper
Katten Muchin Rosenman LLP has added an experienced mergers and acquisitions partner from DLA Piper in Texas, the firm said Tuesday.
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May 14, 2024
Insurer Files Another Suit Over Firm's Malpractice Coverage
After dropping a complaint in Washington federal court seeking a declaration that it does not have to indemnify Harris Sliwoski LLP for potential malpractice liability related to a $31 million judgment, Evanston Insurance Co. filed a similar action in New York on Tuesday.
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May 13, 2024
11th Circ. Says Class Attys Self-Dealt In $35M TCPA Settlement
The Eleventh Circuit on Monday dismissed a proposed $35 million settlement of a class action alleging GoDaddy.com violated the Telephone Consumer Protection Act by sending unwanted marketing texts, saying the deal may have come by through nefarious means.
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May 13, 2024
Chamber Asks Texas Judge To Stop FTC Noncompete Ban
The U.S. Chamber of Commerce asked a Texas federal judge to issue a court order stopping the Federal Trade Commission's new noncompete rule from going into effect while litigation challenging the ban plays out, arguing the rule's enforcement would irreparably harm businesses and their employees.
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May 13, 2024
Whirlpool Service Plans Don't Guarantee Repairs, Suit Says
Whirlpool Corp. violates Washington consumer protection laws by selling extended service plans that give the company the option to buy back broken appliances instead of fixing them, according to a proposed class action filed in federal court.
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.