Commercial Contracts

  • August 29, 2024

    2nd Circ. Allows Google Advertisers To Wait To Appeal Loss

    The Second Circuit on Wednesday allowed a group of Massachusetts-based gym and spa businesses to drop their challenge of an order tossing their antitrust claims from multidistrict litigation accusing Google of monopolizing digital advertising, but permitted them to refile it once the trial judge decides the MDL's remaining claims.

  • August 29, 2024

    Amazon Sheds Whole Foods 'Bait-And-Switch' Case For Good

    A Washington federal court on Thursday dismissed a proposed class action accusing Amazon.com of misleading Prime members by advertising free Whole Foods grocery deliveries and later canceling the perk, in an order that said the lead plaintiff failed to fix deficiencies in the complaint that a judge previously flagged.

  • August 29, 2024

    Lannett Says Areva Reneged On Cancer-Drug Deal After Ch. 11

    Lannett Pharmaceuticals hit generic-drug maker Areva Pharmaceuticals with a contract suit in Delaware's Court of Chancery on Thursday, accusing Areva of breaching their 2022 agreement that gave Lannett exclusive rights to distribute Areva's injectable anticancer drug after Lannett emerged from a prepackaged Chapter 11 bankruptcy.

  • August 29, 2024

    Chancery Gavels In Ex-Jurist As Band Journey's Custodian

    Retired Delaware Vice Chancellor Joseph R. Slights III has taken a court-ordered, tie-breaking, front-row seat in the recently messy business of managing the iconic rock band Journey, with the lead bandmates sending up a few sour notes just ahead of the choice.

  • August 29, 2024

    Schwab's 'Cash Sweep' Paid For TD Ameritrade Buy, Suit Says

    The Charles Schwab Corp. has been hit with a proposed class action in California federal court by three customers alleging that the investment bank obtains "outsized benefits" from its cash sweep programs and used a significant amount of the cash to finance its $26 billion acquisition of TD Ameritrade Holding Corp. several years ago.

  • August 29, 2024

    50 Cent's Liquor Biz Wins Ch. 7 Fight Over Ex-Boss's House

    A onetime international liquor trader for rap artist 50 Cent's booze business has lost a bid to protect his Connecticut residence from Sire Spirits LLC's attempt to recover a $7 million New York fraud judgment, with a bankruptcy judge applying a lower state homestead exemption than the indebted trader requested.

  • August 29, 2024

    Seattle Biotech Can't Immediately Force Out LA Times Owner

    Billionaire and Los Angeles Times owner Dr. Patrick Soon-Shiong will not be forced to recuse himself from a Seattle-based biotech research institute board while the nonprofit's breach-of-fiduciary duty lawsuit against him is pending, a Washington federal judge said on Thursday.

  • August 29, 2024

    Albright Boots $8B EV Trade Secrets Suit For Improper Venue

    U.S. District Judge Alan Albright tossed out a $7.8 billion trade secrets dispute between two electric vehicle companies, adopting a federal magistrate judge's recommendation that the case should be handled in Israel where he said both companies and the majority of the individuals related to the matter already are.

  • August 29, 2024

    JPMorgan Says Ex-Adviser Poached Clients Worth $13M

    JPMorgan Chase has accused a former adviser of attempting to solicit clients for Wells Fargo, an effort JPMorgan alleged has so far been successful in converting 16 clients worth $13 million to its competitor.

  • August 29, 2024

    Counterclaims Cut From $12.1M Home Security Contract Suit

    The home-security arm of Pennsylvania-based builder Toll Brothers has persuaded a Connecticut state court to trim some of the counterclaims from its litigation with Security Systems Inc., successfully arguing that the buyer of nearly 10,000 customer accounts hasn't shown that damages exceed the $1.5 million "attrition reserve" the company was already holding on to.

  • August 29, 2024

    4th Circ. Says CSX's Norfolk Southern Case Came Too Late

    The Fourth Circuit ruled Thursday that CSX's antitrust case against Norfolk Southern over "exclusionary" fees charged by a Virginia switching line they jointly own was filed outside the statute of limitations.

  • August 29, 2024

    Mintz Settles Suit Over Clients' $4.3M IP Legal Tab

    Mintz Levin Cohn Ferris Glovsky and Popeo PC settled a dispute over $4.3 million in legal fees and interest owed by parking meter provider Duncan Parking Technologies Inc. and its parent company, CivicSmart Inc., according to a Thursday filing.

  • August 29, 2024

    Foley & Lardner Must Face Ex-Clients' Breach-Of-Duty Action

    A Texas appellate court has reversed a decision that let Foley & Lardner LLP escape a suit filed by two partners in an oil and gas venture who allege that the firm failed to disclose conflicts of interest and misused their confidential information after representing them in several matters.

  • August 29, 2024

    Agency Says Homeowner's Appeal Question Is Too Late

    An insurance agency pushed North Carolina's Supreme Court to toss a homeowner's appeal on whether the court erred by having heightened pleadings standards for punitive damages against corporations, arguing the deadline for debating the issue had passed.

  • August 28, 2024

    CyDex Says Bexson Breached Deal By Misusing Pharma IP

    CyDex Pharmaceuticals hit Bexson Biomedical with a contract breach suit in Delaware Chancery Court accusing it of misusing a CyDex-designed molecule to develop unauthorized non-ketamine formulations, and subsequently filing a patent for those formulations, in violation of the parties' agreement.

  • August 28, 2024

    Dr.'s Suit Blames Practice's Buyer For Chaos After Sale

    A North Carolina doctor struck back in a lawsuit blaming him for business challenges following the sale of his practice to another physician, alleging in counterclaims that the purchasing physician lied about his intentions for the practice and ultimately led it to ruin.

  • August 28, 2024

    Raymond James Hit With Suit Over 'Cash Sweep' Programs

    Financial services giant Raymond James faces a proposed class action in Florida federal court alleging its so-called cash sweep programs offer interest rates "significantly lower" than those offered by competitors, in violation of federal law.

  • August 28, 2024

    Ford Buyers Fight Arbitration Bid In Faulty Transmission Case

    A class of car buyers who claim Ford Motor Co. sold vehicles with bad transmission systems asked a Massachusetts federal judge to deny the carmaker's bid to arbitrate some of the claims, arguing Ford is trying to "dramatically expand the scope" of arbitration agreements with dealerships.

  • August 28, 2024

    Landlord Says Twitter Changed Tune On Lease After Musk

    A Colorado landlord claims it was on the same page with Twitter about the terms of a lease and tenant improvement project until Elon Musk bought the company, when the social media platform suddenly "discover[ed] its new interpretation" of the lease and stopped paying rent. 

  • August 28, 2024

    Conn. Investment Firm Withheld Pay, Commissions, Suit Says

    Six former employees of Connecticut investment advisory firm Excel Wealth Management LLC have sued the company and its members in state court seeking hourly wages or commissions they claimed they were never paid, with some alleging they were terminated for speaking out about their compensation.  

  • August 28, 2024

    Venezuela Argues For Pause In Chemical Co. Seizure Suit

    Venezuela is asking the Eleventh Circuit to put litigation accusing the country of unlawfully seizing a chemical company over sham drug charges on hold until the U.S. Supreme Court weighs in on an expropriation case Holocaust survivors are pursuing against the Hungarian government.

  • August 28, 2024

    No Money For Air Gun Co. Investors, NC Biz Court Told

    The court-appointed overseer of an air gun business has asked the North Carolina Business Court to overrule an attempt by two minority owners of a parent company of the business to get paid as the air gun company is dismantled, with the overseer arguing that the owners' payout isn't a priority as a dearth of funds is drained.

  • August 28, 2024

    Pa. Justices To Mull 'Click-Through' Arbitration Agreements

    The Supreme Court of Pennsylvania will review a ruling that so-called "click-through" terms of service for apps and online forms don't give users adequate notice that they are often waiving their rights to a jury trial, according to an order issued Tuesday.

  • August 28, 2024

    NY Firm Calls Gas Co.'s Contract And Fee Claims Duplicative

    Albany, New York-based Whiteman Osterman & Hanna LLP has moved to trim breach of contract and disgorgement of fees claims brought by a former client over allegedly bungled tax advice, telling a New York federal judge the claims are redundant when the ex-client is also pursuing a legal malpractice cause of action. 

  • August 28, 2024

    Disney's $8.5B India Media Merger Gets Regulatory Nod

    India's competition watchdog said in a statement Wednesday it has conditionally approved the proposed $8.5 billion merger between Disney India's media business and Reliance Industries, after the merging entities reportedly overcame regulatory concerns about their grip on broadcast rights to cricket. 

Expert Analysis

  • Negotiating Milestones In Pharma Licenses Requires Care

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    For life sciences companies, understanding the unique issues that arise in licensing agreements' milestone payment provisions can increase the likelihood and amount of payments received by the licensor and ensure payments are carefully and closely tied to events that truly drive value for the licensee, say Edward Angelini at Amneal Pharmaceutical and Lori Waldron at Sills Cummis.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Independent Regulator Could Chip Away At FIFA Autonomy

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    After the U.K.'s recent proposal for an independent football regulator, FIFA's commitment to safeguarding football association autonomy remains unwavering, despite a history of complexities arising from controversies in the bidding and hosting of major tournaments, say Yasin Patel at Church Court Chambers and Caitlin Haberlin-Chambers at SLAM Global.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Examining The Arbitration Clause Landscape Amid Risks

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    Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.

  • 10 Areas To Watch In Aerospace And Defense Contracting Law

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    The near future holds a number of key areas to watch in aerospace and defense contracting law, ranging from dramatic developments in the space industry to recent National Defense Authorization Act updates, which are focused on U.S. leadership in emerging technologies, say Joseph Berger and Chip Purcell at Thompson Hine.

  • Meta Data Scraping Case Has Lessons For Platforms, AI Cos.

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    The California federal court ruling that artificial intelligence company Bright Data's scraping of public data from Meta social media sites does not constitute a breach of contract signals that platforms should review their terms of service and AI companies could face broad implications for their training of algorithms, say attorneys at Arnold & Porter.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What 2 Years Of Ukraine-Russia Conflict Can Teach Cos.

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    A few key legal lessons for the global business community since Russia's invasion of Ukraine could help protect global commerce in times of future conflict, including how to respond to disparate trade restrictions and sanctions, navigate war-related contract disputes, and protect against heightened cybersecurity risks, say attorneys at Morgan Lewis.

  • Assessing 2 Years Of High Court's Arbitration Waiver Ruling

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    In the two years since the U.S. Supreme Court's decision in Morgan v. Sundance, clarifying that no special rules apply to waiver of arbitration provisions, the ruling has had immediate ramifications in federal courts, but it may take some time for the effects to be felt on other federal issues and in state courts, say attorneys at Norton Rose.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • The Epic Antitrust Cases And Challenges Of Injunctive Relief

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    The Epic cases against Apple and Google offer a window into the courts' considerable challenges in Big Tech litigation and establishing injunctive relief that enhances competition and benefits consumers, say Kelly Lear Nordby and Jon Tomlin at Ankura Consulting.

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