Commercial Contracts

  • January 26, 2023

    NC Judge Kicks Claim After Doctors Call In 2 States' Laws

    A North Carolina state court judge scrapped a claim that a doctor was engaging in unfair and deceptive practices after a "messy divorce" from his medical partners, ruling that Tar Heel State law excludes doctors in certain commerce claims.

  • January 26, 2023

    4th Circ. Says Stacking Limits Insurer Coverage In Deadly Fire

    An anti-stacking endorsement prevents the residents of a home in which two children died in a house fire from receiving more than the $2 million in damages they already recovered from their insurer, the Fourth Circuit affirmed.

  • January 26, 2023

    Contractor Charged With $2.5M Hurricane Sandy Relief Scam

    A Long Island contractor has been charged with fraud for an alleged yearslong scheme that netted $2.5 million from homeowners who were looking to have repairs and renovations made to houses damaged by Hurricane Sandy.

  • January 26, 2023

    Radiation Co. Escapes Suit Over Collapse Of $3.5M Saudi Deal

    A Florida federal judge tossed a lawsuit by a manufacturer of radiation protection gear accusing a former customer of sabotaging a lucrative deal with a Saudi buyer, saying the court lacked jurisdiction because the claims weren't alleged to have happened in Florida.

  • January 26, 2023

    LA Dispensary Wins $3.8M In Stolen Cannabis License Fight

    A California state judge has ordered an early cannabis entrepreneur to pay $3.8 million after she was found to have cheated the successor of her dispensary by falsely claiming ownership of a legacy license, blocking him from securing a recreational marijuana business.

  • January 26, 2023

    Girardi Victims' $6.3M Suit Against NY Firm Tossed, For Now

    A California federal judge on Thursday dismissed a suit against a New York lawyer and his firm alleging they illegally received $6.3 million of a burn victim's settlement from Girardi Keese founder Tom Girardi, finding the complaint contains allegations of fraud that must be pled with more particularity.

  • January 26, 2023

    Ex-GC Can't Duck Trade Secrets Suit By Energy Co.

    A New York federal judge has refused to toss a solar company's trade secrets suit against its former general counsel over thousands of allegedly stolen documents, finding that the allegations are adequate to survive the pleading stage.

  • January 25, 2023

    Ex-Tesla CFO Tells Jury Paperwork On Deals 'Not Elon's Style'

    Former Tesla Inc. executive Deepak Ahuja told a California federal securities trial jury on Wednesday that he believed an oral offer from Saudi Arabia's Public Investment Fund to Tesla CEO Elon Musk to take the company private was "serious," saying paperwork on such deals "was not Elon's style at all."

  • January 25, 2023

    Contract Claims In LNG Project Spat Must Be Nixed, Co. Says

    A Kinder Morgan Inc. affiliate is asking a New York court to nix breach of contract claims asserted by Italian oil and gas giant Eni in a high-stakes, long-running dispute connected to a botched deal to import liquefied natural gas through a billion-dollar Mississippi processing facility.

  • January 25, 2023

    Jury To Decide If Allergan Sale Included Arbitration Clause

    A jury must decide whether Allergan has a binding arbitration agreement with a medical spa unhappy with the CoolSculpting machine it bought, a North Carolina federal judge has ruled.

  • January 25, 2023

    Ex-Fox Exec Portrays Key Bribe Trial Witness As Greedy

    The cross-examination of a key government cooperator in the FIFA corruption probe got off to a heated start in Brooklyn federal court Wednesday, with counsel for a former 21st Century Fox executive attempting to paint the witness as greedy and dishonest.

  • January 25, 2023

    Bristol-Myers Gets Pushback On Early Win Bid Over Cancer IP

    Bristol-Myers Squibb Co. faced headwinds in Boston federal court Wednesday in arguing for a pretrial win in a lawsuit claiming it robbed Dana-Farber Cancer Institute of licensing revenue from groundbreaking immunology patents the research center now co-owns.

  • January 25, 2023

    Judge Slims Down Nespresso's Pod Knockoffs Suit

    A New York federal judge has found that a Nestle brand's decision not to name its corporate parent's intellectual property-holding arm in a trademark suit hampered its fight with Peet's Coffee over competing coffee pods, while noting that "all bets are off" if the multinational beverage conglomerate changes its mind and adds the party to the litigation.

  • January 25, 2023

    Ex-Alston & Bird Staffer Must Arbitrate OT, Retaliation Claims

    Alston & Bird LLP on Wednesday successfully compelled into arbitration unpaid overtime and retaliation claims brought by a former diversity and inclusion administrator in Georgia federal court, with a judge ruling the employment agreement the administrator signed forces arbitration.

  • January 25, 2023

    Texas Appeals Court Dismisses DHL Express' Airport Dispute

    A Texas appeals panel has rejected DHL Express' attempt for a ruling in its favor against the San Antonio International Airport on Wednesday, agreeing that San Antonio was immune from litigation and that the courier's initial suit should be dismissed.

  • January 25, 2023

    PGA Tour Seeks To Add Saudi Wealth Fund To LIV Golf Suit

    The PGA Tour said "recently produced documents confirm" Saudi Arabia's Public Investment Fund and the fund's governor "played an active and central role" in orchestrating a plan to intentionally interfere with players' contracts, according to a motion to add the two as counter-defendants in the PGA Tour's ongoing antitrust court battle with LIV Golf.

  • January 25, 2023

    Gopuff Hits COVID-19 Test Supplier With $1.1M Contract Suit

    A Connecticut medical supply company owes more than $1.1 million to online retail delivery service Gopuff after failing to fulfill an order of nearly 106,000 COVID-19 test kits last year, according to a new federal lawsuit.

  • January 25, 2023

    Clawback Issue Should Delay BlockFi Return, Committee Says

    The committee of unsecured creditors in the Chapter 11 case of cryptocurrency platform BlockFi Inc. told a New Jersey bankruptcy judge that it supports the debtor's proposal to release digital assets to customers, but said issues about the validity of transfers to customer wallets need to be resolved first.

  • January 25, 2023

    Cement Co. Says 10th Circ. Must Revisit Nixed $36M Award

    A Mexican cement company urged the Tenth Circuit on Tuesday to reconsider whether to enforce a $36.1 million arbitral award even after it was annulled in Bolivia, arguing that its 2-1 panel decision enforcing the award creates a "stark split" with the D.C. and Second Circuits.

  • January 25, 2023

    Ga. Trial Atty Stuck With Ex-Partner's Client-Stealing Claims

    The Georgia State-wide Business Court on Wednesday denied a motion by trial attorney Lloyd N. Bell and his Bell Law Firm to dismiss the remaining claims in a client-stealing case brought by his former co-counsel.

  • January 25, 2023

    Legal Services Co. Ends Trade Secrets Suit Against Ex-Partner

    Veritas Legal Plan Inc. has dropped its lawsuit against Freedom Legal Plans LLC in Florida federal court after FLP indicated that they struck a tentative deal over Veritas' claims that it had violated an agreement to market Veritas' programs and then began directly competing with Veritas.

  • January 25, 2023

    Pot Co. Aims To Block Shaq Attack In Investment Suit

    The founder of a cannabis venture is urging a California federal court not to grant NBA Hall of Famer Shaquille O'Neal a win in a suit alleging the company failed to fully pay back $150,000 in investment funds, saying the agreement to refund the investment was not a contract but a proposed settlement offer that was never completed.

  • January 25, 2023

    Signify Health Sued In Del. For Breach Of $300M Merger Deal

    A representative of Caravan Health Inc. shareholders has sued Signify Health Inc. in Delaware Chancery Court, alleging breaches of a $300 million merger agreement between Signify and Caravan that was announced last February.

  • January 24, 2023

    Musk Tells Jury 'Funding Secured' Tweet 'Right Thing' To Do

    Tesla Inc. CEO Elon Musk told a jury on Tuesday in a California federal securities trial that he thought he "was doing the right thing" by posting a 2018 tweet about having secured funding to take the company private, saying the move was intended to keep shareholders informed.

  • January 24, 2023

    Coinbase Says Data Security Suit Belongs In Arbitration

    Cryptocurrency exchange Coinbase has asked a Georgia federal judge to send allegations that subpar security measures jeopardized customer funds to arbitration, a move the firm said would uphold the user agreement the complainants signed when they opened accounts on the platform.

Expert Analysis

  • A Look At Lease Expansion Options In A Challenging Market

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    Expansion options can provide a powerful incentive for businesses to sign long-term leases even amid economic uncertainty, but both landlords and tenants must carefully consider the potential rights and terms, says Kris Ferranti at Shearman.

  • Contracts, Financing Are Key To 2023 Clean Hydrogen Growth

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    If 2022 was the year that hydrogen gained attention as a potential conduit for the transition to clean energy, then 2023 is poised to be the year when contractual and financial structures for clean hydrogen projects are developed, say Omar Samji and Humzah Yazdani at Shearman.

  • Opinion

    FTC's Noncompete Proposal Is Based On Misrepresentations

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    In recently announcing a proposal to ban virtually all employee noncompetes, the Federal Trade Commission made numerous misrepresentations about their use and effects, and the agency's limited enforcement powers do not give it license to mandate such a rule, say Erik Weibust and Stuart Gerson at Epstein Becker.

  • 5 Keys To A Productive Mediation

    Excerpt from Practical Guidance
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    Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.

  • Conducting M&A Transactions In A Challenging Market

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    Jeffrey Rosen and Katherine Taylor at Debevoise discuss the trends and prospects for mergers and acquisitions in an uncertain marketplace, where drivers remain, and the need for stockholder approval could drive more efforts to provide value to these investors.

  • Evaluating The Legal Ethics Of A ChatGPT-Authored Motion

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    Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.

  • How FTC's Noncompete Proposal May Affect Gov't Contracts

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    The Federal Trade Commission’s recently proposed ban on most noncompete agreements would have drastic consequences for procurements in the government contracting sector by prohibiting routine agreements that help ensure the availability of key personnel and the confidentiality of sensitive information, say attorneys at Maynard Cooper.

  • Child Privacy Compliance Concerns After Fortnite Settlements

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    The Federal Trade Commission’s recent record settlements with Epic Games, creator of Fortnite, raise questions about the scope of the agency's powers to regulate children's and teenagers' privacy online and should encourage organizations to employ a proactive, privacy-by-design approach in the meanwhile, say attorneys at Loeb & Loeb.

  • FTC Noncompete Ban May Face Intensified Judicial Hurdle

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    The Federal Trade Commission projects that 30 million workers could be freed from noncompetes under the agency's proposed ban, but first the rule could face a judicial obstacle under the U.S. Supreme Court's recently promulgated "major questions doctrine," says Kendall Coffey at Coffey Burlington.

  • 6 Antitrust Compliance Tips For Employers From MLB Probe

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    Major League Baseball's recent investigation into possible collusion between the Mets and Yankees — involving then-free agent Aaron Judge — can teach employers of all types antitrust lessons in a time when competition for top talent is fierce, says Mohamed Barry at Fisher & Phillips.

  • 7 Tips To Increase Your Law Firm's DEI Efforts In 2023

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    Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.

  • Series

    Keys To A 9-0 High Court Win: Get Back To Home Base

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    When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.

  • 3 NFT Issues Practitioners Should Consider In 2023

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    The use of non-fungible tokens grew dramatically in 2022 across many industries, so attorneys should keep their eyes on developments in licenses to artwork, royalties on secondary sales and applications of securities law, says Mark Radcliffe at DLA Piper.

  • Incorrect Inventorship On Patents Is A Tough Claim To Prove

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    The Federal Circuit's recent decision to reverse and remand a district court's ruling that patents were invalid in Plastipak Packaging v. Premium Waters highlights the difficulties of sustaining claims of misjoinder or nonjoinder of inventors as a strategy to invalidate patents, says Andrew Berks at Gallet Dreyer.

  • Opinion

    FTC Proposal Jumps The Gun On Banning Noncompetes

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    The Federal Trade Commission's proposed rule to ban noncompete employment agreements nationwide exceeds both the evidence of harm to workers and the commission's rulemaking authority, forcing an open economic debate to a premature conclusion, say Daniel Gilman and Brian Albrecht at the International Center for Law & Economics.

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