Commercial Contracts

  • September 04, 2024

    PVC Pipe Makers Accused Of Price-Fixing

    A Tennessee farmer has hit the country's biggest PVC pipe manufacturers with a proposed price-fixing class action, claiming that since at least 2021 they've been colluding through a reporting agency to raise prices for consumers.

  • September 04, 2024

    McCarter & English Rips Challenge To Malpractice Win In NJ

    McCarter & English LLP panned a pharmaceutical company's attempt to undo the firm's victory in a malpractice case last month, telling a New Jersey state court that issues the company raised in its motion to reconsider had "no impact" on the decision granting the firm a win.

  • September 04, 2024

    Wash. Contractors Must Face Suit Over Off-Site Death

    A Washington appeals panel has revived a wrongful death suit alleging a contractor and subcontractor are responsible for the death of a worker in a forklift accident, saying they may have had a duty to the worker even though the accident didn't happen on the worksite itself.

  • September 11, 2024

    Hausfeld Snaps Up Litigation Pro From Covington In London

    Hausfeld LLP has hired a partner from Covington & Burling LLP in London to boost its profile in commercial disputes, after its office in the U.K. capital recently underwent changes in leadership.

  • September 04, 2024

    Concrete Co. Owes Workers $370K, Wash. Panel Says

    A Washington appeals court refused to overturn a state agency's determination that a concrete company owes workers more than $370,000 in wages for working at a disposal site, saying the work was sufficiently related to a public works project to trigger the state's prevailing wage law.

  • September 03, 2024

    3rd Trial In T.I.'s IP Fight With MGA Kicks Off In Calif.

    An attorney for hip-hop moguls T.I. and Tiny Harris on Tuesday told a California federal jury during opening statements in a retrial of his clients' intellectual property dispute with MGA Entertainment that the company's line of O.M.G. dolls stole their look and name from the OMG Girlz group.

  • September 03, 2024

    Energy Leasholders' RICO, Antitrust Suit Tossed After 9 Years

    A Pennsylvania federal judge has thrown out a lawsuit filed by oil and gas leaseholders seeking $5 billion in damages for antitrust and racketeering violations, finding that the leaseholders lacked standing or hadn't adequately made their case for any of the suit.

  • September 03, 2024

    Paul Newman's Daughters Must Lose IP Suit, Charity Says

    Two daughters of late Hollywood actor and philanthropist Paul Newman lack standing to pursue a Connecticut state court lawsuit that accuses their father's charity of failing to provide certain funds for donations and misusing his publicity and intellectual property rights, the organization said in seeking summary judgment.

  • September 03, 2024

    Colo. Panel Doubts Jury Instruction Can Upend $1.8M Award

    Colorado appellate judges appeared skeptical Tuesday that a state trial court was responsible for what an investor described as poor jury instructions that resulted in a nearly $1.85 million civil theft judgment, which he insisted was far too high, with one judge asking why the investor didn't sue his trial counsel over the supposed error.

  • September 03, 2024

    Construction Disputes Mark Opening Of Texas Biz Court

    The first cases were filed in the Texas Business Court on Tuesday, setting the stage for a new era of litigation in the Lone Star State.

  • September 03, 2024

    Diamond Sports Gets OK For NBA, NHL, Ch. 11 Lender Deals

    A Texas bankruptcy judge Tuesday approved a revised Chapter 11 financing deal and new NBA and NHL broadcast deals for Bally Sports Network's parent company.

  • September 03, 2024

    Insurance Intermediary Can't Revive Biz Interference Claims

    Liberty Mutual and two of its adjusters had no obligation to work with an intermediary that helps contractors secure coverage, an Ohio appeals court ruled, rejecting the intermediary's claims that Liberty and the adjusters tortiously interfered with the intermediary's business relationships by refusing to communicate with it.

  • September 03, 2024

    NBA Star's Marketing Co. Settles Dish Payment Fight

    A Colorado magistrate judge has dismissed a lawsuit between an NBA player's marketing company and Dish subsidiaries after the parties said they settled the $1.4 million dispute.

  • September 03, 2024

    Aesthetic Laser Co. Tells Jury Of Rival's 'Corporate Raid'

    Medical aesthetic business Cynosure told a Boston federal jury Tuesday that two former employees and an industry rival launched a "calculated corporate raid" by poaching dozens of sales and marketing personnel, violating a host of noncompete and non-solicitation agreements while the departing workers pocketed trade secrets on their way out the door.

  • September 03, 2024

    NC Suit Over Blackbeard Ship Survives Another Attack

    North Carolina's cultural resources agency isn't responsible for enforcing the terms for third-party usage of an image and video of Blackbeard's shipwreck, the state's Business Court ruled Friday in paring damages claims by the organization that discovered the pirate's wreckage.

  • September 03, 2024

    3rd Circ.: Biotech Must Pay Royalties Despite Expired Patents

    A cancer drug biotechnology company must pay royalties to a research firm despite the expiration of the applicable patents, a Third Circuit panel ruled in a precedential decision Tuesday, concluding that the biotech's royalty obligation is calculated differently than the one in a U.S. Supreme Court case it cited.

  • September 03, 2024

    Turf Farm Can't Claim Agricultural OT Exemption, Judge Rules

    The work H-2A visa workers performed for a turf farm doesn't represent the agricultural work that would be exempt from overtime under the Fair Labor Standards Act, a Missouri federal judge ruled Tuesday, handing the workers a partial win in their overtime suit.

  • September 03, 2024

    Gov't Backs 9th Circ. Bid To Revive Invisalign Monopoly Case

    The U.S. Department of Justice has told the Ninth Circuit that a lower court applied the wrong standard when tossing a pair of class actions accusing the maker of Invisalign of monopolizing markets for clear dental aligners and teeth scanners.

  • September 03, 2024

    NBA, Warner Bros. Eye April 2025 Trial In Media Rights Spat

    The NBA and Warner Bros. Discovery have told a New York state judge they want to complete an expedited discovery process in their broadcasting rights dispute, with a targeted trial start date in April.

  • September 03, 2024

    Kirkland Brings On Ex-Goldman Sachs Debt Finance Pro In NY

    Kirkland & Ellis LLP said Tuesday it has added an experienced debt finance partner in New York who most recently worked as a managing director for Goldman Sachs, in the firm's latest move to bulk up its structured finance and structured private credit practice.

  • September 03, 2024

    Atty Claims Pa. Firm Breached Merger, Payment Agreement

    An attorney with a Pittsburgh-area law firm that merged with Cafardi Ferguson + Wyrick says in a lawsuit that his new firm has breached his compensation agreement and now owes him nearly $94,000.

  • September 03, 2024

    Catching Up With Delaware's Chancery Court

    Last week in Delaware's court of equity, an iconic rock band got a new member, former President Donald Trump's social media company escaped a contempt ruling, and litigation grew over Illumina Inc.'s $8 billion reacquisition of cancer-testing company Grail Inc. New cases touched on intellectual property, mergers, share transfers and dump trucks. In case you missed it, here's the latest from Delaware's Court of Chancery.

  • September 03, 2024

    Scientist Says Yale Medical School Ruined $28M 'Life's Work'

    An accounting issue at Yale School of Medicine caused a liquid nitrogen supply to become disconnected from an incubator that housed thousands of genetic materials comprising an employee's "life's work," destroying research funded by a total of $28 million in grants and private money, according to a lawsuit in Connecticut state court.

  • September 03, 2024

    NFL Sunday Ticket Subscribers Appeal $4.7B Verdict Reversal

    The subscribers to the NFL's Sunday Ticket broadcast package whose $4.7 billion class action jury award was thrown out and antitrust claims erased by a federal judge last month are appealing the rulings to the Ninth Circuit.

  • August 30, 2024

    9th Circ. Won't Double Software Co.'s $13.5M Trade Secret Win

    The Ninth Circuit on Friday affirmed a lower court's denial of a request by software company Proofpoint Inc. for exemplary damages that could have doubled its $13.5 million trade secret theft verdict, ruling that any error the district court made in denying the damages is harmless.

Expert Analysis

  • 4 Arbitration Takeaways From High Court Coinbase Ruling

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    The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • The Effects Of New 10-Year Limitation On Key Sanctions Laws

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    Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.

  • Supply Chain Considerations For Companies Deploying AI

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    Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Key Lessons From Recent Insurance Policy Reform Litigation

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    A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.

  • Compliance Considerations For New Data Protection Law

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    Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.

  • 2nd Circ. Ruling Affirms NY Law's Creditor-Friendly Approach

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    The Second Circuit’s recent ruling in 245 Park Member v. HNA International provides creditors with some reason for optimism that debtors in New York may face rejection in court for aiming to keep creditors at arm’s length by transferring personal assets into an LLC, says Jeff Newton at Omni Bridgeway.

  • Diving Deep Into Sweeping NY Financing Bill — And Its Pitfalls

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    A New York bill seeking to impose state usury limits onto a broader variety of financing arrangements and apply lender licensing requirements to more diverse entities would present near-insurmountable compliance challenges for lenders and retailers, say Kate Fisher and Tom Quinn at Hudson Cook.

  • When Oral Settlements Reached In Mediation Are Enforceable

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    A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.

  • What Transactional Attys Must Know About Texas Biz Courts

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    As Texas prepares to launch its new business courts, transactional attorneys — especially those involved in commercial, securities and internal governance matters — should keep several issues in mind when considering use of the state's business court system to facilitate deals and settle disputes, say attorneys at Katten.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • Behind Court Challenges To The FTC's Final Noncompete Rule

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    The Federal Trade Commission's recent final rule banning noncompetes may not go into effect any time soon amid a couple of Texas federal court challenges seeking to bar the rule's implementation, which will likely see appeals all the way to the U.S. Supreme Court, says Michael Elkins at MLE Law.

  • Can Chatbot Interactions Lead To Enforceable Contracts?

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    The recent ruling in Moffatt v. Air Canada that found the airline liable for the representations of its chatbot underscores the question of whether generative artificial intelligence chatbots making and accepting offers can result in creation of binding agreements, say attorneys at McDermott.

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