Commercial Contracts

  • February 13, 2025

    Musk Says He'll Drop OpenAI Bid If It Scraps 'For Profit' Plans

    Elon Musk has hit back at OpenAI's claim that his $97.375 billion takeover bid is improper, noting if the ChatGPT maker agrees to nix plans to become a for-profit business, his offer will be dropped. 

  • February 12, 2025

    OpenAI Says Musk Takeover Bid 'Exposes' Intent Behind Suit

    OpenAI on Thursday told a California federal judge overseeing Elon Musk's lawsuit seeking to block OpenAI from becoming a for-profit enterprise that the Tesla founder has proposed acquiring OpenAI's business, saying the takeover effort reveals Musk's lawsuit to be "an improper bid to undermine a competitor."

  • February 12, 2025

    Arkansas Looks To Dismiss Cherokee Gambling License Suit

    Arkansas has urged a federal court to toss the latest version of a casino licensing suit by two Cherokee Nation businesses, arguing that they don't have the right to sue the state and that the court has already dismissed the state and its governor as defendants.

  • February 12, 2025

    Supply Co. Files Failsafe $387M Suit Amid Threat Of Dismissal

    A medical supply procurement company has re-upped claims that a pharmaceutical middleman cut it out of a billion-dollar deal with the U.K. government to sell COVID-19 tests after newly unveiled information threatened to derail the long-running litigation.

  • February 12, 2025

    Software Co. Looks To Keep Ex-Chair From Transferring Stock

    A yearslong feud between The Resource Group International Ltd. and its ousted former chairman has come back to New York federal court, where the software investment company is seeking an order barring the former executive from executing an alleged scheme aimed at regaining control of the company.

  • February 12, 2025

    Labcorp Can't Score New Trial After $384M Patent Loss

    Clinical lab giant Labcorp has failed to land a new trial in front of U.S. District Judge Alan Albright after a $384.4 million patent infringement judgment against it in a case over a method for testing for genetic disorders during pregnancy.

  • February 12, 2025

    Klarna Accused Of Intercepting Creators' Commissions

    Online retail finance company Klarna Inc. got hit with a proposed class action by an internet content creator who claims the firm's automatic coupon-finding browser extension redirects customers who click creators' product affiliate links so that Klarna can take the referral commissions those creators depend on.

  • February 12, 2025

    United Airlines Asks Texas Judge To Toss COVID Vaccine Suit

    United Airlines has asked a Texas federal judge to toss a "mass action" filed by roughly 700 current and former workers accusing the airline of discriminating against employees who resisted COVID-19 vaccination, saying most of the plaintiffs lack jurisdiction.

  • February 12, 2025

    Albertsons To Face Reduced Claims Over Tech Theft

    A Washington federal judge has cleared software company Replenium Inc. to pursue trade secret and promissory estoppel claims against Albertsons, finding it plausibly alleged the grocer misused confidential information from their software partnership to build a competing auto-replenishment platform.

  • February 12, 2025

    Conn. Opposes Bankrupt Prospect Medical's 'Plunder'

    Prospect Medical Holdings Inc. must be held accountable for harm that the hospital operator caused in Connecticut, but first, its three facilities in the state need to quickly transition to new ownership, the offices of the attorney general and the governor told a Dallas bankruptcy judge.

  • February 12, 2025

    Houston Firm Pushes For $30K Sanctions In Back Wages Case

    A Houston law firm has urged an appellate court to sanction its former associate for his conduct during a back wages trial, saying that the trial court declined to decide the firm's motion despite having power over the case four months after the verdict.

  • February 12, 2025

    Atty Says Ex-Partner Filed Bogus Police Report Over Router

    Connecticut attorney Ryan McKeen made "material misrepresentations" when reporting his ex-law partner Andrew Garza to the police for entering their former firm's office early one morning to retrieve an internet router, Garza told a state court judge in a renewed bid for sanctions against McKeen.

  • February 12, 2025

    Blank Rome Adds 2 Ex-Otterbourg Finance Pros In NY

    Blank Rome LLP has added the former chair of Otterbourg PC's banking and finance department and a fellow asset-based lending and corporate transactions specialist previously with that firm as partners in its New York office, the firm has announced.

  • February 12, 2025

    NC Justices Weigh Blame For Errors In Insurance Application

    The North Carolina Supreme Court on Wednesday grappled with who is to blame for misstatements in an insurance application that was prepared by an agent but signed by the homeowner, with the agency arguing it was on the homeowner to catch those mistakes.

  • February 11, 2025

    Zillow Hit With Proposed Class Suit Over StreetEasy Fees

    Zillow was slapped with a proposed class action in Seattle federal court Tuesday by New York real estate firm that claims the company charges daily fees for listings properties on its StreetEasy platform, even after a listing real estate agent's name is obscured by a new agent.   

  • February 11, 2025

    Orion Telescope Partly Revives $4M Fraudulent Transfer Suit

    A California appellate court on Monday partially revived Orion Telescope's suit accusing rival Celestron Acquisition of orchestrating a fraudulent $4.2 million transfer to help another company avoid paying a judgment owed to Orion, ruling that Orion indeed adequately alleged conspiracy or aiding and abetting a fraudulent transfer.

  • February 11, 2025

    Quantum Computing Secures TRO In Battle With Investor

    New Jersey-headquartered Quantum Computing Inc. won continuation of a Delaware Court of Chancery temporary restraining order Tuesday against a former consultant and advisory firm, barring their alleged use of trade secrets and other confidential information pending a preliminary injunction hearing or trial.

  • February 11, 2025

    Brokerage Exec Can Be Sued Over Fraud Claims, Judge Says

    An Illinois magistrate judge told the former owner of Center Street Securities on Tuesday that he cannot escape claims he concealed regulatory issues before his company was acquired by financial services company Arete Wealth, ruling that the stock purchase agreement's broad definition of liabilities could include the allegedly undisclosed violations at issue in the suit.

  • February 11, 2025

    EV Charging Supply Chain In Limbo Amid Funding Freeze

    The Trump administration's suspension of a $5 billion program funding electric vehicle charging stations nationwide infuses uncertainty into the future of the U.S. electric-vehicle supply chain, triggering costly project delays and fresh litigation, experts told Law360.

  • February 11, 2025

    Biz Group Balks At Piecemeal Bonds In Crane Collapse Case

    A Dallas appellate court's requirement that each debtor fighting a $400 million fatal crane collapse judgment must post an individual bond discourages appeals and creates an unpredictable tort liability system, a Texas business advocacy group told the state Supreme Court on Monday.

  • February 11, 2025

    DC Circ. Won't Pause Google Search Case For Apple Appeal

    The D.C. Circuit refused to pause the government's search monopolization case against Google while Apple appeals a ruling that denied its bid to participate in a coming April trial meant to determine what remedies to impose on Google for violating antitrust law.

  • February 11, 2025

    Botkin Chiarello Adds Litigator From Cleveland Krist

    Botkin Chiarello Calaf PLLC — an Austin, Texas, firm opened by six former Wittliff Cutter PLLC attorneys in 2023 that is focused on commercial and intellectual property litigation and general business counseling — has welcomed a litigator from Cleveland Krist PLLC.

  • February 11, 2025

    Ex-Client May Not Appeal Morgan & Morgan Arbitration Order

    A former Morgan & Morgan PA client may not pursue legal malpractice claims against the firm in Georgia federal court, a judge ruled Tuesday, upholding an earlier order sending the matter to arbitration.

  • February 11, 2025

    Lender Eyes Receiver For $17M Hotel Construction Note Debt

    A hotel development owner has defaulted on a promissory note worth $17.5 million and needs a receiver to assume control of its assets before the company becomes insolvent, according to a new complaint filed in North Carolina Business Court by the lending company.

  • February 11, 2025

    CVS, Aetna Escape Testing Lab's $20.6M Unpaid Invoices Suit

    A Connecticut federal judge threw out a testing laboratory's lawsuit seeking $20.6 million in unpaid invoices from Aetna Inc. and its owner CVS Health Corp., saying the complaint lacked detail and left the companies "guessing" which allegations corresponded to which claims.

Expert Analysis

  • What 7th Circ. Samsung Decision Means For Mass Arbitration

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    The Seventh Circuit's recent decision in Wallrich v. Samsung highlights the dilemma faced by mass arbitration filers in the face of nonpayment of arbitration fees by the defending party — but also suggests that there are risks for defendants in pursuing such a strategy, says Daniel Campbell at McDermott.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Understanding 2 Types Of Construction Payment Clauses

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    Given the recent trend of states prohibiting pay-if-paid clauses in construction clauses in favor of fortifying contractor protections with pay-when-paid clauses, parties involved in construction projects should take care to understand the nuances between the two clauses, say Jeffery Mullen and Josephine Bahn at Cozen O'Connor.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Loper Fuels Debate Over Merchant Cash Advances As Credit

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    The U.S. Supreme Court's recent rejection of the Chevron doctrine in Loper Bright may escalate a Florida federal court dispute between the Revenue Based Finance Coalition and the Consumer Financial Protection Bureau over whether merchant cash advances should be considered credit under the Dodd-Frank Act, say attorneys at Sheppard Mullin.

  • Nuclear Power Can Help Industrial Plants Get To Net-Zero

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    In the race to fight climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges — but the integration of nuclear energy is a promising solution, so companies should consider the financial and regulatory issues, opportunities, and risk-mitigating factors, say attorneys at Morgan Lewis.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • A Look At The Regulatory Scrutiny Facing Liquid Restaking

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    Recent U.S. Securities and Exchange Commission enforcement actions highlight the regulatory challenges facing emerging financial instruments like liquid restaking tokens and services, say Daniel Davis and Alexander Kim at Katten.

  • 3 Notes For Arbitration Agreements After Calif. Ruling

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    After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • How Justices' E-Rate Decision May Affect Scope Of FCA

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    The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • Addressing The Growing Hazards Of Mass Arbitration

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    Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.

  • Opinion

    Prejudgment Interest Is A Game-Changer In Ill. Civil Suits

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    Civil litigation can leave plaintiffs financially strained and desperate for any recovery, especially when defendants use delaying tactics — but the Illinois Legislature's move to allow prejudgment interest has helped bring litigants to the table earlier to resolve disputes, minimizing court expenses and benefiting all parties, says Benjamin Crane at Coplan + Crane.

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