Commercial Contracts

  • March 14, 2025

    Fannie, Freddie Can't Avoid $612M Investor Win, Judge Rules

    A D.C. federal judge on Friday upheld a $612.4 million jury verdict against the Federal Housing Finance Agency, Fannie Mae and Freddie Mac, ruling that the jury was provided with "ample evidence" that reasonably led to its conclusion that FHFA improperly amended stock purchase agreements related to the companies.

  • March 14, 2025

    Williams Kastner Accused Of Malpractice After $128M Payout

    An insurer wouldn't have been forced to pay 64 times its policy limit after a deadly crane collapse in Seattle were it not for its attorneys at Williams Kastner, the carrier told a Washington state court, accusing its counsel of malpractice that caused it to pay $128 million.

  • March 14, 2025

    Antitrust Questions Earn Belt Line Deal A Deep Dive

    The Surface Transportation Board isn't going to let Norfolk Southern get away with calling its attempt to procure the remainder of a rail line a minor transaction, since it's been locked in antitrust litigation over the control of that line for years, according to an order Friday that deemed the transaction "significant."

  • March 14, 2025

    Texas Judge Rejects Ex-GloriFi CEO's Bid To Stop Claims Sale

    A Texas federal judge shot down an alleged attempt by the former CEO of bankrupt conservative-centered fintech startup GloriFi to preserve the ability to sue investors like Ken Griffin's Citadel LLC and Vivek Ramaswamy, saying Friday the bankruptcy judge got it right.

  • March 14, 2025

    PE Fund Accuses Ex-CEO Of Stealing To Pay Divorce Atty

    A former private equity CEO has been sued by a Denver-based fund in Colorado state court for allegedly using its money to pay his divorce lawyer and for other personal expenses, following a settlement earlier this year with federal securities regulators over claims he improperly charged two other funds.

  • March 14, 2025

    Boeing NASA Tech IP Claims Survive Dismissal In Wash.

    A Washington federal judge has narrowed a Colorado firm's suit accusing The Boeing Co. of using stolen technology to support NASA's Artemis moon exploration program, preserving some claims for copyright and trade secret theft while dismissing trademark and counterfeiting allegations.

  • March 14, 2025

    Judge Hands Landlord Win In Maryland Nurse's Eviction Case

    A Maryland federal judge mostly sided with a landlord that was hit with a nurse practitioner's $1 million suit, which alleged that the landlord wrongfully locked her out of her place of business when she wasn't there and evicted her.

  • March 14, 2025

    BNY Sued Over $17.7B Unregistered Barclays-Issued Notes

    A trio of investors has filed a proposed class action against The Bank of New York Mellon Corp. for allegedly failing to properly authenticate several exchange-traded note offerings from Barclays, leading to the sale of $17.7 billion in unregistered securities.

  • March 14, 2025

    US Trustee Pans Pump Co.'s $9M Asbestos Insurance Deal

    The U.S. Trustee's Office has challenged a proposed $9 million settlement between a Chapter 7 trustee for a bankrupt Connecticut pump company and two insurers, saying the agreement nonconsensually deprives third parties of their asbestos-related personal injury claims against the insurance carriers.

  • March 14, 2025

    DC Circ. Asks If FERC Oil Orders Are In Its Purview

    The D.C. Circuit is questioning its own decades-long practice of reviewing orders from the Federal Energy Regulatory Commission that help determine the cost of transporting oil through pipelines, asking litigants whether it has jurisdiction to consider an appeal nearing its conclusion.

  • March 14, 2025

    Brookfield Hits Peru With $2.7B Arbitration Over Toll Roads

    Brookfield Asset Management Inc. said it has initiated an international arbitration proceeding against Peru as the company seeks restitution of approximately $2.7 billion in damages over its operation of toll roads in the capital city of Lima.

  • March 14, 2025

    1st Circ. Asked To Look At Takeda Invoice Fraud Conviction

    The husband of a former Takeda Pharmaceuticals vice president is appealing his fraud conviction and 2½-year prison term over a $2.3 million bogus invoice scheme, according to a Friday notice filed to the First Circuit.

  • March 14, 2025

    Theft Ring Member Who Stole Warhol Paintings Gets 8 Yrs.

    A man who admitted to participating in a 20-year art and sports memorabilia theft ring targeting Andy Warhol paintings and Yogi Berra's MVP plaques across multiple states was sentenced to eight years in prison by a Pennsylvania federal judge on Thursday, according to the U.S. Department of Justice.

  • March 14, 2025

    Kraken Beats Suit Over Crypto Scam Losses, For Good

    A California state judge permanently tossed a lawsuit Friday alleging lax security measures on the cryptocurrency exchange Kraken are to blame for a Los Angeles County man's loss of nearly $50,000 in a digital asset investment scam.

  • March 14, 2025

    Mass. Court Won't Lift Default Over Discovery Failures

    A California aerospace firm can't get a do-over after repeatedly defaulting on discovery obligations in a Massachusetts lawsuit over an unpaid bill from a tax consultant, the state's intermediate-level appeals court said on Friday.

  • March 14, 2025

    Off The Bench: Ex-Jet Sues Over Favre Clip, New Soccer Build

    In this week's Off The Bench, a retired football superstar claims an argument with icon Brett Favre should have never been aired on television, one trading card company gets the upper hand on another in dueling antitrust suits, and an English soccer club opts for a new stadium over a rebuild of the old one.

  • March 14, 2025

    Hemp Farm's Fees Bid 'Excessive,' Colo. Judge Finds

    A Colorado magistrate judge has found that a hemp farm can collect reasonable attorney fees and costs from a business partner that breached a memorandum of understanding related to a mid-litigation audit, but scolded the farm for its "excessive" calculation, which includes hours billed long before the memorandum was even signed.

  • March 14, 2025

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

    The past week in London has seen J.P. Morgan face action by the founder of Viva Wallet in an ongoing feud over the company's takeover, retailer Next Group contest a claim by the home ware brand owned by private members' club Soho House, and the venue of the Wimbledon Championships sue a local group opposed to its plans to build new tennis courts on protected land in Wimbledon Park.

  • March 13, 2025

    Springer Nature Planning 'Bait-And-Switch,' Court Hears

    Independent scientific journal publisher Pleiades Publishing is urging a New York federal court to bar Springer Nature from trying to use a "bait-and-switch" tactic with customers allegedly aimed at undermining Pleiades' reputation while the two companies arbitrate a dispute over a soured distribution deal.

  • March 13, 2025

    Public Broadcasting Sues FEMA Over Emergency Alert Funds

    The nonprofit responsible for providing funding to more than 1,500 U.S. public radio and television stations filed suit Thursday in D.C. federal court, accusing the Federal Emergency Management Agency of placing an unlawful hold on $40 million in grant funds meant to bolster the national's emergency alert system.

  • March 13, 2025

    Chinese Fund Opposes Businessman's Bid To Pause Award

    A Chinese investment fund has objected in California federal court to a businessman's bid to pause recognition of a $4.8 million foreign arbitral award against him, arguing that he lost his dispute in two venues and can't prevent execution of the judgment.

  • March 13, 2025

    Fanatics, NFL Cardinals Rookie Settle Contract Fight

    Fanatics has cut a confidential deal with Arizona Cardinals wide receiver Marvin Harrison Jr. and his father to settle the company's contract dispute, resolving litigation that temporarily barred Harrison's jersey number 18 from officially being sold, according to court documents filed in New York state court Thursday.

  • March 13, 2025

    $181K Sanctions Against Texas AG-Tied Investor Stand

    A Texas appeals court upheld around $181,000 in sanctions against the real estate developer at the center of Texas Attorney General Ken Paxton's failed impeachment, finding in a Thursday opinion that developer Natin Paul breached court orders when he wired money to an NBA player.

  • March 13, 2025

    Grubhub Can't Force Arbitration, But Uber Can At 2nd Circ.

    A partially divided Second Circuit panel said Thursday that Grubhub cannot force into arbitration a proposed class action's price-fixing claims based on rules barring restaurants from selling food more cheaply through other channels, but left the arbitrability question for the same claims against Uber Eats up to the arbitrator.

  • March 13, 2025

    Federal Judge Still Skeptical Of Amazon Securities Fraud Suit

    A Washington federal judge said he was "struggling" with a group of Amazon shareholders' stance in a securities fraud suit on Thursday, doubtful that stock sales numbers were enough to back claims that Jeff Bezos had a motive to dupe investors about the company's fulfillment capacity and third-party seller practices.

Expert Analysis

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • There's No Crying In Property Valuation Baseball Arbitration

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    The World Series is the perfect time to consider how the form of arbitration used for settling MLB salary disputes — in which each side offers competing valuations to an arbitrator, who must select one — is often ideal for resolving property valuation disputes, say Sean O’Donnell at Herrick Feinstein and Mark Dunec at FTI Consulting.

  • Navigating Fla.'s Shorter Construction Defect Claim Window

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    In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.

  • Why Diversity Jurisdiction Poses Investment Fund Hurdles

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    Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.

  • Webuild Ruling Complicates Arb. Award Enforcement In US

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    A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Bristol-Myers Win Offers Lessons For Debt Security Holders

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    A New York federal judge's recent dismissal of a $6.4 billion lawsuit against Bristol-Myers Squibb, due to plaintiff UMB Bank's lack of standing, serves as an important reminder to debt security holders to obtain depositary proxies before pursuing litigation, say attorneys at Milbank.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • How To Avoid Risking Arbitration Award Confidentiality In NY

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    Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

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