Commercial Contracts

  • June 25, 2024

    John Fogerty Aussie Music Festival Fight Sent To Arbitration

    An Australian judge has ordered an event management company to submit to arbitration in California to resolve a dispute with John Fogerty — the former lead singer of the 1960s and '70s rock band Creedence Clearwater Revival — over a soured deal to headline a music festival in Queensland.

  • June 25, 2024

    Riley Safer Expands IP Practice With Chicago Partner

    Chicago firm Riley Safer Holmes & Cancila LLP has bolstered its intellectual property practice by bringing on board an experienced litigator from Goldman Ismail Tomaselli Brennan & Baum, the law firm announced Tuesday.

  • June 25, 2024

    Cigna Objects To Ch. 11 Sale Of Western Pa. Nursing Homes

    Cigna Health and Life Insurance Co. filed an objection in Pennsylvania bankruptcy court to the proposed sale of a group of Pittsburgh-area nursing homes, seeking assurances that it will be warned if the nursing homes intend to leave behind their contracts with Cigna as part of the sale.

  • June 25, 2024

    4th Circ. Revives Arranger Liability Claims In Superfund Suit

    The Fourth Circuit revived claims Tuesday against six companies that arranged the disposal of hazardous waste in the 68th Street dump site in Baltimore County, Maryland, ruling that a lower court was wrong to say the companies needed to know that the waste was hazardous to be liable for cleanup costs.

  • June 25, 2024

    Pappas Restaurants 'Invented' Causes In Houston Airport Suit

    The city of Houston told a state appeals court Tuesday that it should be shielded from a suit filed by Pappas Restaurants that alleges its procurement process caused Pappas to unfairly lose a 2023 contract with the William P. Hobby Airport because the contract for airport concessions did not require the city to spend any money.

  • June 25, 2024

    Texas Appeals Court Reverses Dallas Transit Contractor's Win

    A Texas appeals court has revived a subcontractor's lawsuit against a company that oversees the Dallas Area Rapid Transit Authority's services for people with disabilities, saying this week the subcontractor's allegations were strong enough to withstand a motion to dismiss.

  • June 25, 2024

    Wash. Contractor, Insurer Resolve Redress Cost Dispute

    A Washington federal court tossed a dispute between a mechanical contractor and its insurer over coverage for about $355,500 in "redress expenses" the contractor claims it incurred while working on a surgical center remodeling project to prevent future claims lodged against it.

  • June 25, 2024

    Firm Fights NC High Court Review Of Fight With Fla. Clients

    Wilson Ratledge PLLC urged the North Carolina Supreme Court to reject a petition by two Florida-based companies to duck a breach of contract suit by the Raleigh-based law firm, arguing that the trial court correctly found there are enough significant contacts with the state to haul the two companies into North Carolina court.

  • June 25, 2024

    Hedge Fund Exec Avoids Prison After Forex-Rigging Trial

    The founder of U.K.-based Glen Point Capital on Tuesday was spared prison time following his conviction at trial for unlawfully manipulating the foreign exchange market in order to secure a $20 million payout for the hedge fund.

  • June 25, 2024

    American Airlines Can't Move Frequent Flyers' Suit To Texas

    American Airlines lost its bid to transfer to Texas a proposed class action alleging it improperly terminated frequent flyer accounts and erased accrued airline miles, as a California federal judge ruled Monday the airline hadn't shown convenience and justice required moving it from the Golden State.

  • June 25, 2024

    USA Swimming's Suit Against Watchdog Can Continue

    A nonprofit watchdog cannot escape possible financial ramifications related to a botched investigation into false sexual misconduct accusations, after a Colorado state judge ruled it must face an indemnification lawsuit brought by USA Swimming after the accused boy's mother sued the organization.  

  • June 25, 2024

    Lye Buyers Can't Get Court OK For $38.5M Antitrust Deals

    A federal judge in Buffalo has rejected three settlements totaling $38.5 million for a proposed class of lye purchasers who alleged producers of the chemical colluded to inflate prices, ruling exceptions to who qualifies for the class make it impossible to determine membership.

  • June 25, 2024

    Conn. Atty Agrees To 10-Day Suspension For Unexplained Fee

    A Connecticut attorney accused of charging an unreasonable fee and failing to communicate with a former client following an underlying vehicle buyback negotiation has agreed to a 10-day suspension and three hours of legal ethics-focused continuing education courses.

  • June 24, 2024

    Alleged Contract Killing Sparks Delaware Chancery Lawsuit

    Los Angeles biotech firm Renovaro Inc. has sued a former, purported scientific adviser and his husband in Delaware's Court of Chancery for damages tied to an assortment of fraudulent schemes allegedly shielded in part by a contract killing linked to a separate alleged international oil trading scam.

  • June 24, 2024

    Pet Toy Maker Says It Never Inked Parent Co. Licensing Deal

    Pet toy maker Kong has told a Colorado federal judge that it never gave a parent company permission to use its trademark for a line of large animal toys, claiming in motions that the company used the Kong brand anyway and deleted social media accounts with evidence of the infringement.

  • June 24, 2024

    K-Pop Stars Cited As Judge Awards $171M In Rail Fraud Fight

    A Pennsylvania federal judge has awarded over $171 million to Eddystone Rail after finding Bridger Logistics affiliates liable for fraudulent asset transfers under a rail services agreement, citing the South Korean boy band BTS in his decision writing the defendants made 'Bad Decisions" and it's time they "Make It Right."

  • June 24, 2024

    Architect Wants Roofer's Claim Nixed Over $17.6M School Fires

    Connecticut architectural firm Silver Petrucelli & Associates Inc. asked a state judge on Monday to strike a cross-claim by a builder it accused of impermissably using blowtorches to attach flashing to a school roof, setting fires in December 2021 and July 2022 that caused an alleged $17.6 million in damage.

  • June 24, 2024

    Teamsters Fund Must Face Pension Conversion Suit

    A West Coast-based Teamsters pension fund must keep facing claims that it shortchanged married retirees by using outdated data to convert their benefits from single-life annuity form, with a Washington federal judge deeming the suit strong enough to beat the fund's dismissal motion.

  • June 24, 2024

    Judge Recommends Tossing VW Supplier's Antitrust Case

    A magistrate judge has recommended that a Texas federal court toss a suit accusing Volkswagen of maintaining an illegal stranglehold over its suppliers after the Fifth Circuit told the court to consider if the dispute should be litigated in Germany instead of the U.S.

  • June 24, 2024

    NC Life Insurer Slaps Ex-Agents With Poaching Suit

    North Carolina-based life insurance company Equis Financial LLC accused nine former independent contractors who sold policies for the insurer of breaching their employment agreements when they left to work for a rival insurance marketing company.

  • June 24, 2024

    Sirius XM Made Millions Off Hidden Royalty Fee, Suit Alleges

    Sirius XM Radio Inc. has been tricking customers into paying an extra 21% every month by tacking a hidden "royalty fee" onto bills, according to a new proposed class action alleging that the fee is responsible for every bit of the company's profits for the last several years.

  • June 24, 2024

    DC Circ. Backs Gov't Contractor Win In Fight With Ex-Worker

    The D.C. Circuit has backed a ruling that a former senior technical manager for government contractor Apprio Inc. breached a proprietary information agreement giving the rights of certain software he created over to the company.

  • June 24, 2024

    Suit Over Medical Screws Filed Too Late, Texas Panel Finds

    A Texas appeals court won't revive a woman's suit against BioPro Inc. alleging that surgical screws used in her feet were defective, saying the evidence establishes that she filed her suit after the two-year statute of limitations had expired.

  • June 24, 2024

    Jurisdictional Discovery Ordered In NJ COVID Test Fraud Suit

    A New Jersey federal court has denied without prejudice a dismissal bid and ordered "tightly-targeted and prompt jurisdictional discovery" in a Garden State medical supply business' complaint accusing a Texas attorney and his solo practice of aiding in an alleged $2.45 million fraud scheme involving COVID-19 test kits that were never delivered.

  • June 24, 2024

    Research Co. Seeks Sanctions On Proud Boys Atty In IP Suit

    A Texas research firm pursuing copyright infringement claims against a group of defense attorneys who represented members of the Proud Boys wants one of the lawyers sanctioned for filing "a frivolous and groundless counterclaim" in the D.C. federal court litigation.

Expert Analysis

  • 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.

  • A Refresher On Alcohol Sponsorships Before The Super Bowl

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    As millions of people will see in Super Bowl commercials Sunday, celebrity sponsorships continue to be a valuable tool for alcohol beverage marketers — and those looking to better target audiences must understand how regulation of the alcohol industry affects these deals, say attorneys at McDermott.

  • Compliance Tips On State Automatic Renewal Contract Laws

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    Brian Casey at Locke Lord and Travis Moore at the Service Contract Industry Council consider the challenges in operationalizing compliance faced by extended warranty businesses and whether extended warranties are exempt from laws covering automatic renewal contracts.

  • 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.

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