Commercial Contracts

  • November 25, 2020

    Microsoft Unit Targeted In Food Delivery App Fight Doc Bid

    A Microsoft unit that provides hosting for software development is being targeted by a Luxembourg company for information to help it fend off arbitration initiated by the founder of Hungerstation, Saudi Arabia's largest food delivery app, over control of the company.

  • November 25, 2020

    Hospital, Clinic Duel Over 7th Circ. Reach In Antitrust Suit

    An outpatient center told the Seventh Circuit Tuesday that the court doesn't have jurisdiction to revive its claims against a hospital chain it accuses of negotiating insurance contracts that cut competitors out of insurance networks, saying the matter must be sent back to the district court for a new summary judgment decision.

  • November 25, 2020

    NLRB Clears Game Tech Co. In Dispute Over Separation Pacts

    The National Labor Relations Board has reversed an administrative law judge's finding that a gaming technology company's separation agreements ran afoul of federal labor law, with one member dissenting and saying that the board's decision "only makes bad law worse."

  • November 25, 2020

    Texas PI Firm Settles Client Poaching Suit With Fired Atty

    A Texas personal injury firm has resolved a dispute with a former attorney it accused of poaching 50 mass tort litigation clients after she was fired for what the firm says was bad performance, just weeks after the fight hit the courts.

  • November 24, 2020

    Kuwaiti Auto Dealer's Fight With Ford Will Go To 6th Circ.

    Both sides to a dispute over a terminated deal to distribute Ford vehicles in Kuwait have appealed to the Sixth Circuit a Michigan judge's decision to toss fraud and breach of contract claims asserted by a Kuwaiti auto dealer against the automaker while the claims are sent to arbitration.

  • November 24, 2020

    Telehealth Platform Can't Oust Medical Pot Co., Judge Says

    An Illinois federal judge said on Monday that a cannabis telehealth service could not evict a medical marijuana business from its platform even if some of the company's practices were questionable, saying there was no material violation of the pair's agreement.

  • November 24, 2020

    Railroad Operator's Fees Must Be Covered, Chancery Says

    A Delaware vice chancellor ruled Tuesday that American Rail Partners LLC must cover legal expenses incurred by a railroad ownership company that it sued over unjust enrichment claims, saying an agreement in place "unambiguously" provides that expenses be covered.

  • November 24, 2020

    Consulting Co. Can't Sue Contractor For Switching Firms

    A Texas appellate court on Tuesday declined to revive an oil and gas consulting company's breach of contract lawsuit against a former independent contractor, finding the consulting company's noncompete clause was unenforceable.

  • November 24, 2020

    Top EU Court Says Hotel Can Sue Over Booking.com Policies

    The European Court of Justice on Tuesday gave a German hotel the go-ahead to sue Booking.com in the establishment's home country for allegedly violating German laws against abuse of market dominance rather than requiring the case to play out in Holland, where the reservation site is headquartered.

  • November 24, 2020

    Swiss Electronics Co. Seeks Subpoena For ICC Arbitration

    A Swiss electronics maker has asked a California judge to let it subpoena a U.S. telecommunications company for information it wants to use in a confidential arbitration proceeding before the International Chamber of Commerce.

  • November 24, 2020

    Law Firms Say Botched BP Oil Spill Claims Time-Barred

    A group of law firms have asked a Louisiana federal judge to toss a lawsuit brought by local fishermen accusing the firms of mishandling their clients' requests for compensation following the BP Deepwater Horizon oil spill in April 2010, arguing that the alleged claims are time-barred.

  • November 24, 2020

    Mass. AG Says Gym Chain Ignored Cancellations Amid Virus

    The bankrupt parent company of Boston Sports Clubs has illegally charged fees for unwanted memberships and failed to honor cancellation requests during the coronavirus pandemic, Massachusetts Attorney General Maura Healey alleged in a suit Tuesday.

  • November 24, 2020

    CEO Presses Removal Of Judge Who Worked At Debevoise

    The head of a memorabilia auction company has redoubled his effort to convince a New York magistrate judge to bow out from a securities fraud case, objecting to the judge's refusal to exit the litigation because he worked for Debevoise & Plimpton LLP during the 1980s.

  • November 24, 2020

    Apple's Bottled Water Supplier Sues Cos. Over Dirty Delivery

    Vita Water has filed a product liability suit against its bottled water suppliers in Texas federal court, alleging their first shipment to its largest customer, Apple, was so contaminated that live protozoa could be seen through a microscope "wriggling" in the water.

  • November 23, 2020

    NBA Star Seeks Docs To See If Judge's Son Presents Conflict

    New Orleans Pelicans star Zion Williamson said attorneys for his former agent suing him for $100 million over their breakup are refusing to produce information needed to assess whether a related matter involving Morgan & Morgan might present a conflict for the Florida state court judge overseeing his case, since the judge's son is a partner with that firm.

  • November 23, 2020

    Supplier Sued Over $5.4M In FDA-Barred Sanitizer Wipes

    A logistics and distribution company on Friday hit a supplier with a breach of contract suit in Georgia federal court seeking to recoup $5.44 million for money spent on sanitizing wipes that don't comply with U.S. Food and Drug Administration standards and can't be sold legally in the U.S.

  • November 23, 2020

    Shipbuilder Says Kinder Morgan Owes Asbestos Coverage

    Shipbuilding giant Huntington Ingalls Inc. has demanded Kinder Morgan provide insurance coverage for millions of dollars worth of asbestos-injury claims, telling a Virginia federal court that the energy company inherited the risk by buying Huntington's former parent company.

  • November 23, 2020

    WGA Won't Get More Time To Fight Agencies' Injunction Bid

    A California federal court has refused Writers Guild of America's bid to delay a hearing scheduled for next month on a Hollywood talent agency's request for an order to halt the guild's alleged boycott over a dispute about how agents are paid.

  • November 23, 2020

    Pot Co. Nabis Settles With Ex-Exec Amid Debt Reshuffle

    Canadian cannabis company Nabis Holdings Inc. announced on Monday that it had settled a dispute with a former executive amid a plan to restructure the business' $35 million debt.

  • November 23, 2020

    Philly Refinery Lender Wants $1.3B Ch. 11 Ruling Flipped

    Lenders who lost a Delaware Bankruptcy Court ruling on division of $1.25 billion in insurance proceeds after a Philadelphia refinery explosion in 2019 told a U.S. District Court judge on appeal Monday the winning side wrongly sought to "tear the policy in half."

  • November 23, 2020

    Merck Again Denied In Bid To Arbitrate Vaccine Antitrust Suit

    A Pennsylvania federal judge on Friday refused for a second time to force doctors' practices into arbitration on proposed class action claims that Merck Sharp & Dohme Corp. unlawfully overpriced vaccines, finding that discovery mandated by the Third Circuit shows they're too far removed from the arbitration provisions.

  • November 23, 2020

    3 Takeaways From The Franchising Suit Challenging AB 5

    California’s A.B. 5 law may cause business owners who run franchises of companies to be tagged as employees of larger corporations, according to a lawsuit filed by the International Franchising Association, which is asking a federal court to exclude franchising from the Golden State’s worker classification test. Here, Law360 examines takeaways from the business group’s challenge to the new California law.

  • November 23, 2020

    Texas Justices Urged To Settle $820M Refinery Feud

    Petrobras and Belgium-based Transcor Astra Group want the Texas Supreme Court to weigh in on long-running litigation over a soured Texas refinery partnership and an $820 million settlement tainted by a corruption scandal that engulfed Brazil's state-owned oil giant.

  • November 23, 2020

    Texas Panel Affirms Tax, Fraud Penalty On $4.8M Plane Buy

    A Texas appellate court upheld a tax assessment and fraud penalty on a company's purchase of a $4.8 million airplane, finding the corporation presented false information while seeking to qualify for a tax exemption.

  • November 23, 2020

    Chesapeake Energy Floats Ch. 11 Pipeline Deal With Williams

    Bankrupt oil and gas driller Chesapeake Energy Corp. proposed a deal Sunday in Texas bankruptcy court that would provide an agreeable resolution of disputes over gas gathering agreements with The Williams Companies by turning over some of the debtor's assets to the pipeline operator and receiving beneficial amendments to the gas deals.

Expert Analysis

  • NY Contract Litigation Indicates Limits Of COVID-19 Defenses

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    Although there has not yet been a decision on the merits, a wave of COVID-19 litigation concerning force majeure, impossibility and frustration of purpose in New York indicates that using pandemic-related excuses to avoid contractual obligations may be limited, says Seth Kruglak at Norton Rose.

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • When It Comes To SEPs, Act Locally But Enforce Globally

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    Because recent standard-essential patent decisions in the U.S., the U.K., China and Germany may signal a trend toward a greater international influence on global royalty rates by individual national jurisdictions, potential licensors and licensees may need to adjust their enforcement strategies, says Mauricio Uribe at Knobbe Martens.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • NY Auto-Renewal Law Raises Compliance, Litigation Concerns

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    A new law in New York that requires businesses to obtain consumer consent for automatic contract renewals could warrant extensive revisions to existing terms and conditions, and courts could eventually create a private right of action if they follow California’s trend of permitting individuals to sue under separate statutes, say attorneys at Faegre Drinker.

  • Avoiding Copyright Liability For Tattoo Depiction In Media

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    Two recent diverging copyright decisions concerning Take-Two video games' depiction of professional athletes' tattoos provide guidance on strategically using the implied license and fair use defenses when digital reproductions may infringe copyrighted tattoos, says Rowley Rice at Munger Tolles.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Insurance Considerations For Schools Harmed By COVID-19

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    Schools facing lawsuits associated with both shutting down and reopening amid the COVID-19 pandemic may be able to find relief through their consumer general liability and educators legal liability insurance policies, says Michael Rush at Gilbert.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • Post-Breach Response To Business Email Scams Is Critical

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    Preventative measures do not sufficiently protect against email compromise scams, which have become increasingly prevalent during the pandemic, so businesses, governments and educational institutions should have post-breach investigation processes in place, says Jonathan Osborne at Gunster.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • Opinion

    Lack Of Access To Remote Court Proceedings Is Inexcusable

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    Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.

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