Commercial Contracts

  • February 28, 2024

    Brothers' 20-Year Calif. Real Estate Battle Ends In $7B Verdict

    A Los Angeles jury has awarded four brothers an estimated $7 billion verdict, finding that a fifth brother breached their contracts and his fiduciary duty to them by wrongly pushing them out of various business partnerships that included thousands of units of apartment buildings and a diamond venture. 

  • February 28, 2024

    Fla. Judge OKs $43.5M Deutsche Bank Deal In Ch. 15 Case

    A Florida bankruptcy judge on Wednesday approved a $43.5 million settlement between Deutsche Bank AG and liquidators for a group of Caribbean-based companies to resolve claims against the bank for its alleged role in a real estate Ponzi scheme targeting rich South Americans.

  • February 28, 2024

    'You Gave Away Your Case': Crypto Win Wilts At High Court

    The U.S. Supreme Court on Wednesday leaned toward letting a technical tug-of-war continue in litigation accusing the cryptocurrency platform Coinbase Inc. of running a sketchy sweepstakes, as multiple justices suggested the Ninth Circuit overlooked key issues when it sided with aggrieved consumers.

  • February 28, 2024

    Google Search Judge Lets Rival's Keyboard Suit Proceed

    The same D.C. federal judge presiding over the government's search monopolization suit against Google sent up a tantalizing smoke signal for that case Tuesday in refusing to toss an Android keyboard app developer's separate antitrust lawsuit against the technology giant, rejecting key defense arguments meant to cast doubt on Google's alleged dominance.

  • February 28, 2024

    'Lawyer Cat' Judge, Texas Attys Seek Seats On New Courts

    The state court judge behind 2021's viral "lawyer cat" video along with several prominent Houston attorneys have submitted bids for appointment to the Lone Star State's newest courts, according to records obtained by Law360. Here's a look at some of the attorneys who have thrown their names in the running for the new appointments.

  • February 28, 2024

    Binance Founder Against More Travel Limits, Floats UAE Trip

    Binance founder Changpeng Zhao has told a Washington federal judge he opposes prosecutors' motion for further travel restrictions and suggested, without explicitly asking, that he be allowed to see his family in the United Arab Emirates. 

  • February 28, 2024

    Au Pair Agency Can't Arbitrate Wage Claims, Judge Says

    Au pair agency Cultural Care has waived any claimed right to pursue arbitration in a proposed collective wage complaint by extensively litigating the case for several years, including a trip to the First Circuit, a Massachusetts federal judge concluded Wednesday.

  • February 28, 2024

    Drilling Services Co. Must Face Suit Over Worker's Injury

    A company that provides power to oil drilling operations must face an indemnification lawsuit after a worker was electrocuted while fixing a downed line, according to a Colorado federal judge's order finding that the case wouldn't interfere with the worker's injury suit.

  • February 28, 2024

    Truck Co. Must Justify NC Venue In $70M Volvo Contract Row

    A North Carolina federal court has punted on dismissing a Mexican trucking company's $70 million lawsuit against Volvo over allegedly defective semi-trucks, ruling that the business first needs to justify the litigation venue.

  • February 28, 2024

    CFPB, FTC Urge 11th Circ. To Rule Against 'Pay-To-Pay' Fees

    The Consumer Financial Protection Bureau and Federal Trade Commission have backed consumers battling mortgage servicer Ocwen over the legality of so-called convenience fees, urging the Eleventh Circuit to affirm that federal prohibitions apply to the charges.

  • February 28, 2024

    Cravath Steers Viatris' $350M Collab With Swiss Co.

    Healthcare company Viatris and Swiss pharmaceutical research company Idorsia are teaming up to develop two late-stage drugs, the companies announced Wednesday.

  • February 28, 2024

    Texas Lender Says COVID Relief Fund Suit Doesn't Hold Water

    Capital Plus Financial LLC has asked a Texas federal judge to toss a Paycheck Protection Program suit brought by eight business owners who accuse the company of withholding their loans, saying Tuesday that their amended complaint upended subject matter jurisdiction in this case and that the plaintiffs' new fraud claims don't meet the threshold for federal jurisdiction.

  • February 28, 2024

    Conn. Mortgage Co. Says Partner Defected With Cash, Data

    A prospective business partner agreed to commit $100,000 to join a mortgage company and promised to bring along 15 employees, but once inside, they raided business assets for information and quickly left to start a competing venture, according to a lawsuit in Connecticut state court.

  • February 28, 2024

    Suit Blames Father-Son Mismanagement For Pot Co. Collapse

    A member of a Colorado cannabis cultivation and dispensary business is asking a state district court to appoint a receiver over the company, saying a father and son involved have mismanaged the company by buying unlicensed cannabis plants and failing to prepare a processing facility.

  • February 28, 2024

    Earth, Wind & Fire Wants TM Win Against Cover Band

    The entity that owns the intellectual property of the musical group Earth, Wind & Fire asked a Florida federal judge on Wednesday to grant it a win on trademark infringement claims against a concert producer and a promoter, arguing their "Legacy Reunion of Earth, Wind & Fire Alumni" concerts created significant marketplace confusion.

  • February 28, 2024

    MasterCard Loses Another Attempt To End Patent Case

    The Federal Circuit ruled Wednesday that MasterCard will have to continue litigating against a patent litigation outfit that the credit card company has been fighting for almost a decade over language in a 2005 patent licensing agreement, with one judge pointing out that the case "illustrates the importance of carefully reviewing the language in a covenant not to sue."

  • February 28, 2024

    Subcontractor Seeks Sanctions In Amazon Warehouse Fight

    An electric subcontractor locked in a dispute with a construction company over delayed building of an Amazon warehouse in southern Georgia asked a Peach State federal court to penalize its opponent for "blatant discovery abuses" in the case.

  • February 28, 2024

    Scrubs Co. Must Arbitrate With Its Ex-Atty Over False Ad Loss

    A healthcare apparel company that lost its Lanham Act false advertising suit against a competitor in California federal court must pursue claims against its former lawyer in arbitration, while the company agreed to pursue claims against the lawyer's firm, Michelman & Robinson LLP, a Los Angeles judge ruled Wednesday. 

  • February 28, 2024

    Calif. Law Firm Beats Disqualification Ruling In HFPA Case

    A California state appeals court on Tuesday said a trial court was wrong to disqualify a law firm from representing a journalist suing the Hollywood Foreign Press Association over possession of privileged documents.

  • February 28, 2024

    Judge Says Ermi Counterclaims In Qui Tam Case Can Stand

    A Georgia federal judge has refused to free Ermi LLC's former chief compliance officer from counterclaims the company lodged in response to her whistleblower suit accusing the company of fraud and retaliation, with the judge saying the company has adequately alleged breaches of fiduciary duty and contract claims.

  • February 28, 2024

    Michigan Atty, Trump Ally, In Default For Avoiding Pay Suit

    A default judgment was entered against a Michigan attorney known for pushing former President Donald Trump's unfounded voter fraud claims after a cybersecurity company said she didn't respond to 40 attempts to serve her with a lawsuit claiming that she didn't pay for voting machine inspections. 

  • February 28, 2024

    Insurance Agency Says It Wasn't Told Of Airbnb Shooting Suits

    A Pennsylvania insurance agency accused of concealing that a Pittsburgh Airbnb property was subject to numerous lawsuits over a mass shooting has claimed that the property owner never revealed the problems when shopping for a new policy, so it wasn't the agency's fault when the new insurer canceled coverage.

  • February 28, 2024

    Seattle Convention Center's Virus Losses Not Covered

    A Seattle convention center operator is not owed coverage for pandemic-related business interruption losses, a Washington federal judge ruled, finding that although the governor's emergency pandemic proclamations prohibited access to the convention center, they weren't issued because of physical loss or damage to the property.

  • February 28, 2024

    BASF Says Insurers Owe Coverage For PFAS Suits

    Major chemical manufacturer BASF Corp. told a South Carolina court Wednesday that 23 insurers should cover thousands of lawsuits that alleged a chemical the company produced for firefighting foam caused pollution and injuries.

  • February 28, 2024

    Erika Girardi Can't Shed Costume Merchant's Suit

    A California federal judge has kept alive a costume merchant's malicious prosecution claim against singer and reality TV star Erika Girardi, saying the merchant showed evidence that Girardi had him wrongfully arrested and prosecuted on made-up fraud charges.

Expert Analysis

  • No AI FRAUD Act Is A Significant Step For Right Of Publicity

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    The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Unpacking The New Russia Sanctions And Export Controls

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    Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • 2nd Circ. Ruling Will Guide Social Media Account Ownership

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    The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.

  • Assessing The Future Of Colorado's Economic Loss Rule

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    The Colorado Supreme Court's decision to review a state appellate court's ruling in Mid-Century Insurance Co. v. HIVE Construction will significantly influence the future of Colorado's economic loss rule, with high stakes for the cost of doing business in the state, says David Holman at Crisham & Holman.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • What To Know About RWI In Acquisition And Divestiture Deals

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    As a slower pace of merger activity turns underwriters toward new industries, representations and warranties insurance policies are increasingly being written for acquisition and divestiture energy deals, making it important for contracting parties to understand how the RWI underwriting process works in this new sector, say attorneys at Haynes Boone.

  • Freight Forwarders And Common Carriers: Know Your Cargo

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    Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Key Considerations For Evaluating An AI Vendor

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    As artificial intelligence technology advances across industries, businesses can mitigate risks, while maximizing the value of their investment, by evaluating technology, expertise, support services, transparency and more when selecting an AI vendor, say Rahul Kapoor and Shokoh Yaghoubi at Morgan Lewis.

  • A Closer Look At Novel Jury Instruction In Forex Rigging Case

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    After the recent commodities fraud conviction of a U.K.-based hedge fund executive in U.S. v. Phillips, post-trial briefing has focused on whether the New York federal court’s jury instruction incorrectly defined the requisite level of intent, which should inform defense counsel in future open market manipulation cases, say attorneys at Lankler Siffert.

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