Commercial Contracts

  • November 30, 2021

    Guest-Tek's Hotel Internet Product Uses Nomadix IP, Jury Told

    A computer networking expert told a California federal jury Tuesday that network device maker Guest-Tek's product for connecting hotel guests to internet services uses patented technology owned by rival Nomadix.

  • November 30, 2021

    App Makers Join Epic's Bid To Enforce 'Vital' App Store Order

    App developers including Tile and Match Group are backing Epic Games' call for the Ninth Circuit to force Apple to immediately comply with a federal court order to let app makers steer users to payment methods outside of Apple's system, arguing that the directive is a "vital cure" for Apple's "extremely harmful and anticompetitive" conduct.

  • November 30, 2021

    11th Circ. Affirms Reduced Atty Fees In Electronics Sale Suit

    The Eleventh Circuit has upheld a roughly $1 million attorney fee award for an electronics company instead of the $2.6 million it requested, ruling that the company's partial legal victory against a Chinese manufacturer over claims it breached a sales agreement didn't merit the desired amount.

  • November 30, 2021

    British Airways Sues Chicago Over Runway Debris Damage

    British Airways has hit the city of Chicago with a $3.2 million negligence suit alleging that three of its Boeing Dreamliner jets were damaged and taken out of service to have its engines repaired as a result of construction debris left behind on a runway at O'Hare International Airport.

  • November 30, 2021

    Texas Justices Told To Ax New Trial In Football Field Fight

    The Texas Supreme Court was told during oral arguments on Tuesday that an intermediate appellate court wrongly ordered a new trial in a dispute between a school district, a company that makes artificial turf football fields and a contractor by failing to address any of five arguments that could have ended the case.

  • November 30, 2021

    Landowners Denied Class Cert. In Lease-Hoarding Claim

    Wyoming landowners who sued Anadarko Petroleum Corp., accusing it of hoarding drilling permits, have been denied class certification by a federal judge who said they had inappropriately used a reply brief to "do over" an earlier filing with new information.

  • November 30, 2021

    Texas Panel Probes Basis For $22M Legal Malpractice Award

    Dallas law firm Newsom Terry & Newsom LLP on Tuesday urged a state appellate court to toss a roughly $22 million legal malpractice verdict stemming from its representation of a real estate brokerage, arguing it shouldn't be held liable for what amounts to a harmless error in the underlying suit.

  • November 30, 2021

    DOJ's 1st Wage-Fixing Case Survives Dismissal Bid

    A Texas federal court declined to toss the U.S. Department of Justice's first criminal charges over an alleged wage-fixing agreement, rejecting contentions that there's not enough precedent to criminally prosecute that type of activity.

  • November 30, 2021

    Judge Says Attys For Biotech Whistleblower Should Get $6M

    A Florida magistrate judge recommended Monday that the former counsel of a whistleblower, who helped reach a $350 million settlement with biotech company Shire, be awarded more than $6 million in the fight over attorney fees related to the settlement.

  • November 30, 2021

    Don King Ducks Contract, Conspiracy Claims Over Title Bout

    Legendary promoter Don King escaped a champion boxer's contract and conspiracy claims on Tuesday when a Florida federal judge tossed part of a suit alleging he schemed to get the fighter's title stripped.

  • November 29, 2021

    Miramax Snags Win Over Photog In 'Pulp Fiction' Poster Fight

    A California federal judge has sided with Miramax in a dispute with the photographer behind the photo in a well-known "Pulp Fiction" movie poster, ruling that the photographer waited too long to bring his case.

  • November 29, 2021

    Nomadix's Rival Breached Patent Agreement, Jury Told

    Network device maker Nomadix told a California federal jury during opening statements Monday that a rival breached an agreement and is now acting "like a school kid showing up late for class" with excuses.

  • November 29, 2021

    Ex-Google Workers Say Co. Breached 'Don't Be Evil' Mandate

    A trio of former Google workers sued the tech giant Monday, claiming that it violated its own "Don't be evil" mandate when it fired them after they questioned the company's work with the Trump administration at the U.S.'s southern border.

  • November 29, 2021

    Lululemon, Peloton To Work Out Sportswear IP Fight In Court

    Athletic apparel maker Lululemon on Monday accused Peloton in California federal court of selling leggings and sports bras that infringe its patented designs, suing just days after the exercise equipment company filed its own suit in New York asking for a finding that it hadn't infringed any of Lululemon's patents.

  • November 29, 2021

    Tribe Member Says Council Can't Avoid Biz Fraud Suit

    A Three Affiliated Tribes member urged a North Dakota federal court Monday to reject a bid by the tribes' business council to end a suit alleging it defrauded the member's company of nearly $46 million from a concrete business, saying the case doesn't involve an intratribal dispute and the federal court should tackle the case.

  • November 29, 2021

    Aggrieved Chinese Sellers Fight Amazon's Arbitration Bid

    A group of Chinese third-party sellers are arguing that Amazon can't force them to arbitrate their proposed class action for allegedly withholding money owed to them after their accounts were terminated, calling an underlying arbitration clause unenforceable.

  • November 29, 2021

    Epic Fights Apple's Bid To Pause App Store Order

    Epic Games has urged the Ninth Circuit to let app developers steer users to payment methods outside of Apple's system until the court resolves the tech giant's appeal of a court order requiring it to allow alternative transaction routes.

  • November 29, 2021

    Ga. Payment Biz Wants Ex-Sales Exec Barred From New Job

    Atlanta-based Fortune 500 company Global Payments Inc. has asked a Georgia federal court to bar a former sales executive from working at a rival business, claiming she is in breach of noncompete agreements.

  • November 29, 2021

    Blockchain Loses Bid To End Claims In IP Theft, Poaching Suit

    A judge tossed an appeal from fintech giant Blockchain on Monday that sought to ax claims of conspiracy and inducing breach of contract from litigation filed by Crypton Digital Assets that accuses the cryptocurrency wallet provider of stealing its employees and intellectual property.

  • November 26, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Carillion, the collapsed construction firm, sue its auditors KPMG, Nissan take action against its former global general counsel over confidential information and the founder of a British couture fashion brand targeted by a major investor. 

  • November 24, 2021

    Roblox Sues YouTuber For $1.6M Over False Terrorist Threats

    Online gaming platform Roblox Inc. sued a YouTube personality for $1.65 million in damages in California federal court on Tuesday, accusing him of amassing a "cybermob" that temporarily shut down its October developers conference in San Francisco with false claims of terrorist threats.

  • November 24, 2021

    Mass. Builders Ask 1st Circ. To Clip $5.5M Notre Dame Award

    Two Massachusetts developers have urged the First Circuit to nearly halve a $5.5 million arbitration judgment awarded to the University of Notre Dame following allegations of botched student housing renovations in London, saying the school waited too long to claim a significant chunk of that amount.

  • November 24, 2021

    Jury Awards Liquor Distributor $11.75M Against Jagermeister

    A Missouri federal jury awarded $11.75 million in damages Monday to beverage distributor Major Brands Inc., determining that liquor manufacturer Mast-Jagermeister violated Missouri's Franchise Act by attempting to terminate without cause Major Brand's role as Jagermeister's distributor in Missouri and replace it with national distributor Southern Glazer's Wine & Spirits.

  • November 24, 2021

    Lead Atty Disqualified In Ga. Borrowers' Mortgage Rates Case

    A Georgia business court judge has partially disqualified the lead attorney for four Georgia companies that borrowed $51 million in federally guaranteed mortgages, saying he can't represent them in their loan rates case against the lenders if it goes to trial.

  • November 24, 2021

    Court Sides With Celebrity Chef In By Chloe Brand Fight

    A New York federal judge Wednesday reaffirmed a year-and-a-half-old arbitration decision that celebrity chef Chloe Coscarelli is entitled to a half share of her By Chloe restaurant chain now that the business has emerged from a COVID-caused bankruptcy.

Expert Analysis

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Best Practices In Preparation For FCPA Enforcement Surge

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    As the U.S. Department of Justice enhances its ability to detect and prosecute Foreign Corrupt Practices Act violations, companies should evaluate and improve their risk assessment methodologies, anti-corruption policies and other compliance tools to help mitigate the consequences of alleged wrongdoing, says Norman Harrison at Kroll.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • A Software Primer For Attorneys After Cyber Executive Order

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    President Joe Biden's executive order to improve the nation's cybersecurity has set in motion a number of prospective changes for the software community that will require lawyers to become better versed in secure software development issues and best practices for related due diligence, say Alan Charles Raul and Stephen McInerney at Sidley.

  • Mitigating Inflation's Impact On Commercial Contracts

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    As accelerating inflation threatens to turn many commercial contracts unprofitable for sellers, lessors and lenders, prospects of court relief are slim, but certain contract clauses and revisions can help, says Jonathan Hugg at Schnader Harrison.

  • Heading Into 2022, Fintech Antitrust Strategy Isn't Optional

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    With antitrust regulators expected to continue increased scrutiny of the fintech sector in the new year, strategies to grapple with key data privacy, open access and employment issues represent a crucial part of doing business in 2022, say Thomas Panoff and William McElhaney at Mayer Brown.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • Ghost Kitchens Present Unique Leasing Considerations

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    As the ghost kitchen business model expands from a niche market into a booming and prevalent industry, landlords, tenants and third-party licensees that are hosted by tenants must be prepared to negotiate lease provisions ranging from commercial signage to indemnification and percentage rent, say attorneys at Lowndes.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Preplanning For Brand, Sponsor Management Of Olympic TMs

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    Ahead of the 2024 summer Olympic Games, there are several important actions internal intellectual property groups of brand owners and sponsors should take to properly manage trademarks for Olympics properties, including developing a game plan to police infringement, says Jayne Durden at Anaqua.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

  • Examining EU's Drift Toward US-Style Employer Pact Scrutiny

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    As European Union competition authorities express enforcement interest in employment issues such as no-poach and wage-fixing agreements — which have been the subject of U.S. enforcement action for some time — companies may need to recalibrate their training and compliance programs accordingly, say attorneys at Crowell & Moring.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Ill. Right To Publicity Class Actions May Extend Cos.' Liability

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    Businesses that use consumer data should be alert to recent class actions that could expand liability under the Illinois Right to Publicity Act based on a novel theory that selling access to searchable online consumer databases involves commercial use of individuals' identities, say attorneys at Blank Rome.

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