Commercial Contracts

  • April 30, 2024

    Conn. Atty Says Depo Reveals Referral Fee Deal Was Legit

    An attorney who says another lawyer owes him a $58,333 referral fee for handing over a personal injury case has pointed to a deposition to argue that referral "discussions" occurred despite his opponent's apparent claims that they didn't, according to a supplemental argument submitted to a Connecticut state trial court judge.

  • April 30, 2024

    Kimmel Calls Mocking Santos' Cameo Vids 'Classic' Fair Use

    Late-night TV host Jimmy Kimmel has urged a Manhattan federal court to toss a copyright complaint from indicted former congressman George Santos over Cameo clips the comedian tricked him into making for fodder on his show, saying videos to "mock a controversial political figure" are a "quintessential example" of fair use.

  • April 30, 2024

    NYC Law Firm Says Japanese Auto Supplier Owes $800K Fees

    New York law firm Florence Rostami Law LLC seeks more than $800,000 in legal fees and expenses after representing a Japanese auto part manufacturer in litigation and bankruptcy court proceedings in a contract dispute with a former vendor, the firm told a Michigan federal court.

  • April 30, 2024

    Ex-Rugby Team Owner Sues Over $6M Franchise Sale

    The former owner of an Atlanta, Georgia-based rugby team who sold it to a New Hampshire club for $6 million sued the buyer and another rugby team operator in Delaware federal court Monday, alleging that she is still owed $3.75 million from the sale.

  • April 29, 2024

    Pomerantz, Glancy Prongay Spar To Lead LexUrban Fraud Suit

    Glancy Prongay & Murray LLP and Pomerantz LLP are vying to represent a proposed class of investors in a New York federal suit against real estate company LuxUrban Hotels, with Glancy Prongay accusing Pomerantz of "cobbl[ing] together" a would-be co-counsel group and Pomerantz defending its proposed lead plaintiffs as a proper "cohesive duo."

  • April 29, 2024

    Sandoz Says Biopharma Biz Added 'Poison' To Market

    More than $160 million separate generic-drug maker Sandoz Inc. and biopharmaceutical firm United Therapeutics Corp. in their estimates of damages suffered by Sandoz when the other company effectively blocked the sale of Sandoz's generic version of a hypertension medication, according to opening statements Monday during a bench trial in New Jersey federal court.

  • April 29, 2024

    Aviation Co. Fights Delay Of Russian Planes Coverage Suit

    A Florida-based aircraft leasing company has pushed back on its insurers' request to pause its coverage suit for $700 million worth of airplanes reappropriated by Russian airlines after the Ukraine war began, saying the insurers' own litigation against reinsurers should have no bearing on its coverage claims.

  • April 29, 2024

    Amazon Files $200M Countersuit Over Solar Projects' Fallout

    Amazon claims a California-based private equity firm reneged on a pair of 15-year deals to sell it power from two new solar developments, launching a suit in Washington state court following competing allegations in California that the retail giant tried to sabotage the projects after signing the deals.

  • April 29, 2024

    6th Circ. Revives Co.'s Malpractice Suit Against Ohio Firm

    The Sixth Circuit on Monday revived a Texas real estate developer's legal malpractice claim against an Ohio law firm, remanding the case back to a lower court to consider the viability of certain professional negligence claims.

  • April 29, 2024

    Ex-Officers Seek Early Win Against Flight Attendant Union

    Former officers of the Association of Professional Flight Attendants urged a Texas federal judge to toss claims from the union that they violated their fiduciary duty, accusing the union of raising allegations to further "its political agenda against plaintiffs."

  • April 29, 2024

    Insurer Looks To Block $5.3M Theft Claim From Tribal Court

    An Ohio-based insurance company has sued several members of the Miccosukee Tribe of Indians of Florida, asking a Florida federal court to exercise jurisdiction in a coverage dispute over a $5.3 million loss from the tribe's casino by former employees.

  • April 29, 2024

    Bookstores Want In On FTC's Antitrust Case Against Amazon

    A trade group for bookstores has asked a Washington federal court for permission to intervene in the Federal Trade Commission's antitrust case against Amazon to raise concerns about the e-commerce giant's sale of books and contracts with publishers.

  • April 29, 2024

    Don't Put Cable 'Junk Fee' Rules On Biz Services, FCC Told

    Cable providers are asking the Federal Communications Commission to leave business services out of the commission's plans to end cable "junk fees," saying that doing otherwise would jeopardize lower rates negotiated by the businesses.

  • April 29, 2024

    Kemp Klein Adds Bankruptcy Atty In Mich.

    Detroit-area-based Kemp Klein Law Firm has announced it hired a new bankruptcy-focused corporate lawyer to bolster its corporate, litigation and bankruptcy practices.

  • April 29, 2024

    Singapore Tech Co. To Pay FTC $1.17M In Mask False Ad Suit

    The Federal Trade Commission has inked a $1.17 million deal with Singaporean American company Razer Inc. and its affiliates to resolve claims that it falsely advertised its "Zephyr" air purifier masks as being equivalent to N95 face masks.

  • April 29, 2024

    BNSF Balks At $1.3B Demand For Trespass On Tribal Lands

    BNSF Railway Co. has told a federal Washington court to reject a tribe's bid for $1.3 billion in damages from years of illegally running oil cars across tribal territory, arguing that its financial responsibility should be limited to the small land area it trespassed.

  • April 29, 2024

    Catching Up With Delaware's Chancery Court

    A multibillion-dollar Tesla trust proposal, a Truth Social bond, power plays over Prince's estate, and three in the ring for World Wrestling Entertainment. All of this and much more came up in Delaware Chancery Court dockets last week.

  • April 29, 2024

    Wash. Solar Co. Will Pay $465K To End Noncompete Suit

    A Washington state judge has given a preliminary nod to a $465,000 settlement to end litigation accusing a residential solar energy equipment company of forcing workers to sign illegal noncompete clauses as a condition of employment.

  • April 29, 2024

    GM, LexisNexis Hit With Another Driving Data Suit

    A Michigan driver told a Georgia federal court that his auto insurance rate increased after General Motors and its OnStar unit collected his driving data without consent and shared it with third parties, including data broker LexisNexis Risk Solutions, which then sold the data to insurers.

  • April 29, 2024

    Aetna Can't Arbitrate Aramark's Suit Over Billing Issues

    A Texas federal judge refused to boot to arbitration a suit Aramark filed against Aetna accusing the insurer of costing the food services company millions by approving shoddy health benefit claims, saying the allegations fall into a carveout in the parties' arbitration agreement.

  • April 29, 2024

    'Fearless Girl' Trial Off After Sides Reach Weekend Accord

    A lengthy breach of contract and trademark infringement dispute between investment manager State Street Global Advisors and the artist behind New York City's well-known "Fearless Girl" bronze sculpture settled Saturday evening ahead of a scheduled jury trial.

  • April 26, 2024

    Law360 Reveals Titans Of The Plaintiffs Bar

    In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.

  • April 27, 2024

    'Woodstock' Weed TM Case Settles Before Jury Selection

    The promoter of the 1969 Woodstock music fair agreed Friday to drop infringement claims against a rival purveyor of "Woodstock" trademarks in the evolving marijuana market, in a last-minute Manhattan federal court deal that avoids a jury trial.

  • April 26, 2024

    Remote Class, Medical News, More: Texas High Court Roundup

    The Supreme Court of Texas ruled on a handful of issues Friday, including the liability of universities for switching to remote learning, the responsibility of an employer for not providing a worker with concerning medical news and how a settlement credit should be applied to a final judgment.

  • April 26, 2024

    Britney Spears And Her Father Settle Conservatorship Dispute

    Britney Spears and her father, James Spears, have settled a dispute over his bid for legal fees and management of his daughter's finances in the conservatorship that was ended more than two years ago, according to stipulations filed this week in California state court.

Expert Analysis

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Considering A Practical FRAND Rate Assessment Procedure

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    As the debate over a fair, reasonable and nondiscriminatory rate continues inside and outside courtrooms, a practical method may assess whether the proposed FRAND rate deviates significantly from what is reasonable, and ensure an optimal mix of assets for managers of standard-essential patent portfolios, says consultant Gordon Huang.

  • How Poor Governance, Weak Contracts Harm Cannabis Cos.

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    Decades into cannabis decriminalization and legalization, many companies in the industry still operate on a handshake basis or fail to keep even minimally required records, which can have devastating effects and lead to costly, business-killing litigation, says Griffen Thorne at Harris Bricken.

  • How Biotech Cos. Can Utilize Synthetic Royalty Financing

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    Synthetic royalty transactions have been on the rise as a funding structure for biotechnology companies, but questions have arisen surrounding how such transactions work, and structuring them correctly requires a nuanced understanding, say Todd Trattner and Ryan Murr at Gibson Dunn.

  • Key Maritime Law Issues In 2024: Election-Year Unknowns

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    In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Key Maritime Law Issues In 2024: Environmental Challenges

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    In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • How Biotech Deals May Help Competition, Despite FTC View

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    The Federal Trade Commission's complaint against Sanofi's proposed partnership with Maze Therapeutics highlights increasing skepticism of so-called killer acquisitions, but a closer look reveals potentially legitimate reasons behind why entities might decide to delay or abandon the development of acquired products, say consultants at Analysis Group.

  • Key Maritime Law Issues In 2024: Geopolitics And Sanctions

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    Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Black-Led VC Fund Case Could Hinge On Nature Of Grants

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    Organizations whose missions involve any manner of race-conscious funding should closely monitor arguments this week in American Alliance v. Fearless Fund, a case filed against a grant program that seeks to address the gap in venture capital funding for Black women-led businesses, which will examine whether grants are charitable under Civil Rights Act Section 1981 liability, say Kali Schellenberg and John Stapleton at LeVan Stapleton, and Kenneth Trujillo at Chamberlain Hrdlicka.

  • Unraveling The Bundled Benefits Of Retail Memberships

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    The recent prevalence of paid retail memberships and the associated findings of a consumer survey suggest that assessing consumer preferences and welfare may be important when considering resolution mechanisms in antitrust contexts, say Rosa M. Abrantes-Metz at Berkeley Research Group, Mame Maloney at The Brattle Group and Jeff Brazell at the University of Utah.

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