Commercial Contracts

  • March 18, 2024

    Texas Hospital Loses Bid To Dismiss Patients' Hack Suit

    A Texas federal judge handed a win to the plaintiffs suing a hospital system in the aftermath of a hack that saw hundreds of patients' data pilfered, dismissing some of the claims in the proposed class action but allowing the suit to move forward after a hearing Monday.

  • March 18, 2024

    7th Circ. Wants Del. High Court's Input On Stock Shares Row

    The Seventh Circuit on Friday asked Delaware's top court to clarify a ruling it made earlier this year upholding the enforceability of forfeiture-for-competition provisions in limited partnership agreements, saying it found "meaningful differences" between that case and an ex-manager's bid before it to keep the stock sale proceeds he earned before working for a competitor.

  • March 18, 2024

    Airgun Exec Hiding Biz Info From Overseer, Court Told

    The receiver of an airgun seller asked the North Carolina Business Court to tighten restrictions on its chief executive, who is accused of using the company as his personal piggy bank, telling the court that the executive is believed to be taking company property and money following "deteriorating cooperation."

  • March 18, 2024

    Indian Potato Cos. Can't Get $4.4M Award OK'd In NJ

    A New Jersey federal judge has refused to enforce a $4.4 million arbitral award stemming from an ill-fated joint venture to develop a potato-processing production line, ruling that Indian affiliates of Idaho-based agribusiness J.R. Simplot Co. haven't shown his court has jurisdiction in the dispute.

  • March 18, 2024

    Leerink Enticed Goldman Exec With False Promises, Suit Says

    An investment banker says she was lured away from a senior position at Goldman Sachs to Boston-based Leerink Partners with what turned out to be a meaningless job title and false promises of guaranteed bonuses, according to a lawsuit filed Monday in Massachusetts state court.

  • March 18, 2024

    Subway Franchise Fight Order Can't Be Nixed, Court Hears

    A company that helps to develop and service Subway restaurants in western Canada is urging a New York court not to vacate an arbitrator's order requiring the sub shop's Canadian franchisor to continue making payments on their pact while they arbitrate a contractual feud.

  • March 18, 2024

    Singer Seeks Chancery OK To Pull Plug On Licensee Rights

    The owner of rights and trademarks of Singer sewing machine products has sued its North American distributor in Delaware's Court of Chancery, seeking a court declaration that it could end their contract because the distributor failed to meet minimum billing and royalties requirements.

  • March 18, 2024

    NC Judge Axes Wage Suit After Attys Flout Pretrial Deadlines

    A North Carolina judge has cast out an employment dispute between a funeral home and its former president on the eve of trial after both sides neglected deadlines, saying he'll dismiss the case in its entirety with a chance to refile and "clean the slate."

  • March 18, 2024

    5th Circ. Revives Widows' Collections Suit Against Law Firm

    The Fifth Circuit has revived a proposed class action against Louisiana law firm Shows Cali & Walsh LLP regarding its efforts to recoup grant funds awarded in connection with Hurricane Katrina, saying a reasonable jury could find the law firm violated the Fair Debt Collections Practices Act.

  • March 18, 2024

    Chicago Can Keep $26M Willis Tower Suit In Federal Court

    A federal judge in Illinois has declined to send a $26 million lawsuit against the City of Chicago over rain damage at Willis Tower back to state court, finding the Metropolitan Water Reclamation District of Greater Chicago acts under federal authority in maintaining the minimum water levels dictated by the U.S. Army Corps of Engineers.

  • March 18, 2024

    Pa. Firm Partner's Equity Suit Sent Back To State Court

    A dispute between two firm partners is being remanded to Pennsylvania state court after a U.S. district judge ruled Friday that the case lacks the geographic diversity required to be in federal court because both attorneys remain members of the firm, despite one submitting notice of her intent to withdraw.

  • March 18, 2024

    Marriott Must Face Suit For Booting Kidswear Wholesalers

    Marriott International must face a suit by two clothing wholesalers who were kicked out of rooms at a Fairfield Inn just outside Boston for violating an undisclosed "non-solicitation" policy, a Massachusetts appellate court said Monday.

  • March 18, 2024

    Catching Up With Delaware's Chancery Court

    Multimillion-dollar e-cigarette settlements, $4 billion in stock buybacks and a $6.1 million appraisal tweak were among the big-dollar items logged in the Delaware Court of Chancery's ledger last week. Also on the docket: a Panama port project, a news outlet's defamation case, drone disputes and a flood of mail from Tesla shareholders. In case you missed it, here's all the latest from the Chancery Court.

  • March 18, 2024

    4th Circ. Preview: Airport Mishap, Inmate Pay Launch March

    The Fourth Circuit's spring session will task the court with refereeing a power struggle between Virginia regulators and the authority that runs Washington, D.C.'s airports — stemming from a workplace amputation — and delving into the "honest belief" doctrine's role in a Family Medical Leave Act case.

  • March 18, 2024

    Justices Won't Review McDonald's No-Poach Case

    A proposed class action targeting McDonald's past use of no-poach provisions in its franchise agreements will move ahead after the Supreme Court on Monday turned down McDonald's petition to review a Seventh Circuit ruling reviving the case.

  • March 15, 2024

    NYC Taxi Drivers Convince Judge To Reconsider RICO Claims

    A New York federal judge has agreed to rethink her decision throwing out New York City cab drivers' racketeering suit claiming the city artificially inflated the values of once highly coveted taxi licenses, admitting that she "committed clear error" in finding that certain claims were filed too late.

  • March 15, 2024

    Insurance Mogul Hit With $500K Judgment For Website Co.

    The legal woes of embattled North Carolina insurance mogul Greg Lindberg were compounded when a federal judge ordered him and one of his companies to pay nearly half a million dollars, including interest and attorney fees, to an internet marketing company for a payment he missed following his sentencing on federal bribery charges.

  • March 15, 2024

    Firm, Mont. Tribal Council To Settle Violence Dispute

    Greenberg Traurig LLP, its longtime counsel and a Montana tribal council are looking to settle a dispute in which the law firm and attorney are accused of devising a financial scheme that led to violence over a decision to remove the board of directors of the tribe's economic entity.

  • March 15, 2024

    8th Circ. Nixes Arbitration Bid In $9M Chinese PPE Fight

    The Eighth Circuit on Thursday refused to force a Chinese manufacturer of personal protective equipment to arbitrate its $9 million dispute over unpaid invoices with a U.S. distributor, ruling in a published opinion that the underlying pact containing an arbitration clause was never consummated.

  • March 15, 2024

    Perdue Beats Back Chicken Farmers' OT Collective Cert. Bid

    A Georgia federal judge refused to certify a proposed collective action of broiler chicken farmers claiming Perdue Foods LLC misclassified them as independent contractors to avoid paying overtime, saying one single opt-in after six months of discovery is insufficient to show that other farmers are interested in joining the suit.

  • March 15, 2024

    Cornell Workers Want High Court Review Of ERISA Fee Suit

    A group of Cornell University employees asked the U.S. Supreme Court to review their sweeping class action accusing the university of mismanaging its employees' retirement savings, saying the Second Circuit deepened a circuit split over what it takes to bring prohibited transaction allegations under federal benefits law.

  • March 15, 2024

    Firm Can't Drop Snoop Dogg Robocall Suit Like It's Hot

    A cost-cutting firm will have to face claims that it used a Snoop Dogg soundalike to make illegal robocalls in an attempt to get people to enlist their help signing up for a tax credit, promising the company could "have them funds in your hands quicker than you can roll up your favorite ... well, you know what I mean."

  • March 15, 2024

    Ohio Ambulance Co. Says HR Firm Botched Tax Returns

    An Ohio ambulance company accused its human resources management firm of failing to accurately prepare and submit amended tax returns that would have allowed the company to claim pandemic-era tax credits, according to a complaint filed in an Ohio federal court.

  • March 15, 2024

    Colo. Landowners File Fifth Oil Royalty Case After Dismissals

    A group of oil and gas lessors are hoping the fifth time will be the charm for their proposed class action in Colorado federal court against a pair of energy companies, after the Tenth Circuit gave them a window to refile claims dismissed four previous times. 

  • March 15, 2024

    Military Subcontractor Says Partner Tried To Poach Work

    A federal subcontractor tasked with building secure facilities for the Marine Corps hit its own subcontractor with a $7 million lawsuit on Friday, accusing its former partner of deliberately undermining that construction work, in an effort to "steal" related contracts.

Expert Analysis

  • What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.

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    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.

  • Assessing 2 Years Of High Court's Arbitration Waiver Ruling

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    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.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    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.

  • The Epic Antitrust Cases And Challenges Of Injunctive Relief

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    The Epic cases against Apple and Google offer a window into the courts' considerable challenges in Big Tech litigation and establishing injunctive relief that enhances competition and benefits consumers, say Kelly Lear Nordby and Jon Tomlin at Ankura Consulting.

  • UMG-TikTok IP Rift Highlights Effective Rights Control Issues

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    Despite Universal Music Group's recent withdrawal of TikTok's licensing rights to its music catalog, the platform struggles to control uploads and reproductions of copyrighted material, highlighting the inherent tension between creative freedom and effective rights control in the age of social media, says Simon Goodbody at Bray & Krais.

  • Fintech 'Prenups': Planning For A Card Program Breakup

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    After a year of economic downturns, some banks and their fintech partners are realizing they may have rushed to the altar without a good prenup, but planning ahead can curb both foreseeable and unexpected issues in the event of a termination of a bank-fintech card-issuing agreement, say Andrew Grant at Ketsal and Richard Malish at Community Federal Savings Bank.

  • 3 Notification Pitfalls To Avoid With Arbitration Provisions

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    In Lipsett v. Popular Bank, the Second Circuit found that a bank's arbitration provision was unenforceable due to insufficient notice to a customer that he was bound by the agreement, highlighting the importance of adequate communication of arbitration provisions, and customers' options for opting out, say attorneys at Covington.

  • 2nd Circ.'s Nine West Ruling Clarifies Safe Harbor Confusion

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    The Second Circuit’s recent ruling in Nine West’s Chapter 11 suit clarifies that courts in the circuit will apply a transfer-by-transfer analysis to determine the applicability of Section 546(e) of the Bankruptcy Code, and that to be safe harbored, a financial institution must act as an agent with respect to the specific transfer at issue, says Leonardo Trivigno at Carter Ledyard.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • What FTC's 'Killer Acquisition' Theory Means For Pharma Cos.

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    The Federal Trade Commission's recent lawsuit to block Sanofi's acquisition of a pharmaceutical treatment developed by Maze Therapeutics builds on previous enforcement actions and could indicate the agency's growing willingness to use its so-called killer acquisition theory against perceived attempts to eliminate nascent competition, say attorneys at Morgan Lewis.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Practical Steps For Navigating New Sanctions On Russia

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    After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Complying With Enforcers' Ephemeral Messaging Guidance

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    Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

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