Commercial Contracts

  • August 06, 2024

    Blank Rome Adds Closed Insurance Boutique's Managing Atty

    Blank Rome LLP has brought on an insurance partner from now-shuttered boutique Pasich LLP to join its insurance recovery group, the firm announced Monday. 

  • August 06, 2024

    Woman Drops Sex Abuse Suit Against Ex-NFL Player In Colo.

    The former controller for a former NFL player's reptile shipping business has, for now, dropped her lawsuit claiming the ex-linebacker sexually abused her at work and fired her after his wife discovered the conduct, apparently accepting the court's condition that she pay the player's costs and certain attorney fees.

  • August 06, 2024

    Lowe's Must Face Retail Logistics Co.'s Software IP Suit

    Lowe's Home Centers LLC lost its bid to dismiss a retail logistics company's claims it ripped off a merchandise return management software and breached its contract with that software's manufacturer, with a North Carolina federal judge declining to fully toss any of the claims but flagging that some contradicted each other.

  • August 06, 2024

    UnitedHealth Unlawfully Denies Device Coverage, Suit Says

    A medical equipment maker accused UnitedHealth Group Inc. of creating a "soft denial system" to unlawfully deny payments for glucose monitoring devices, telling a Michigan federal court that thousands of claims worth more than $1 million have gone unpaid.

  • August 05, 2024

    Payment Processor And Bank Defrauded Merchants, Suit Says

    Payment processor Paynetworx LLC and its partner bank Pathward Financial Inc. have been hit with a suit by two merchants who say the payment company and the bank misrepresented fees and their compliance with card network rules, causing the merchants to make millions in unnecessary and improper payments.

  • August 05, 2024

    Ex-Virgin Islands Premier Gets 11 Years For Drug Conspiracy

    A Florida federal judge on Monday sentenced the former premier of the British Virgin Islands to more than 11 years in prison after a jury convicted him of charges related to a conspiracy to smuggle cocaine from South America to the U.S. following a trial earlier this year.

  • August 05, 2024

    Petrobras Manipulating US Law For $2B, 5th Circ. Hints

    A Fifth Circuit judge accused a Brazilian state-owned oil company subsidiary of "hiding behind the corporate structure," saying during oral arguments on Monday that subsidiary Petrobras America Inc. was seemingly manipulating American law for treble damages totaling nearly $2 billion stemming from allegations of bribery.

  • August 05, 2024

    Fanatics Wants Disputed Deal With Cardinals Rookie Sealed

    Seeking to protect "sensitive, nonpublic commercial information" about its breach of contract suit against NFL rookie Marvin Harrison Jr., Fanatics asked a New York state court Monday to seal all unredacted parts of the complaint and of several related filings, including Harrison's motion to dismiss the suit.

  • August 05, 2024

    Ivory Coast Can't Enforce $12M Award In Fla., Oil Co. Says

    A Nigerian oil company sued by the Ivory Coast to enforce a $12 million arbitration award over a distribution joint venture has told a Florida federal court that the lawsuit must be dropped, saying the oil company has no ties to the Sunshine State.

  • August 05, 2024

    Pomerantz To Lead Suit Over Ad Tech Co.'s Microsoft Ties

    Pomerantz LLP beat out several other firms on Monday to lead a proposed shareholder class action alleging that shares of ad tech company Perion Network declined nearly 40% after its strategic partner Microsoft Bing "unilaterally" changed its search advertising pricing.

  • August 05, 2024

    Marriott Says NYC Hotels' Housing Of Migrants Violated Deal

    Marriott International Inc. has accused a hotel company in Jamaica, Queens, of breaching a contract by repurposing two properties for migrant housing while refusing to "de-identify" itself with the global hotel brand.

  • August 05, 2024

    4th Circ. Revives Duke Monopoly Suit, Orders New Judge

    The Fourth Circuit on Monday revived Florida-based NTE Energy Services' lawsuit accusing Duke Energy of squeezing it out of the market in North Carolina, concluding that the lower court should have looked at the big picture of the allegations.

  • August 05, 2024

    5th Circ. Remands $25M Dispute Over Winter Storm Losses

    A Fifth Circuit panel is sending a $25 million dispute between a power trader and a power seller over price-hedging deals that saw losses during Winter Storm Uri back to a district court to determine if the federal court had jurisdiction over the matter.

  • August 05, 2024

    Mattel Beats $46M Contract Suit Over Reality Show Idea

    A California jury has entered a verdict for Mattel Inc. in a $46 million contract suit brought against it by the company of "Lone Survivor" producer Norton Herrick alleging that the toy-maker stole its idea for a reality show in which inventors pitch toys to child judges, concluding there was no contract breach.

  • August 05, 2024

    Catching Up With Delaware's Chancery Court

    Sunken treasure, rock band discord, a wrestling competition, and more news about Elon Musk — all in all, a colorful week in Delaware's Court of Chancery. The First State's famous court of equity also pushed forward on disputes involving a famous social media app, Delaware's largest hospital system, an artificial intelligence company and a budding commodity futures exchange.

  • August 05, 2024

    Musk Accuses OpenAI Of Fraud, RICO Over Business Model

    Elon Musk on Monday accused OpenAI Inc. and its leaders of violating several laws related to fraud, conspiracy, contract violations and false advertising by claiming he was wrongly told the company would remain a nonprofit, in a suit filed in California federal court.

  • August 05, 2024

    CooperSurgical Says Lab Hid Flawed IVF Product Tests

    Fertility technology company CooperSurgical Inc. has accused a Massachusetts testing lab of failing to follow proper procedures and misrepresenting the results of quality assurance testing on a product used in the in vitro fertilization process, leading to a recall.

  • August 02, 2024

    5th Circ. Upholds Challenge To Surprise Medical Billing Rule

    The Fifth Circuit on Friday affirmed wins for plaintiffs challenging provisions of a federal surprise medical billing rule that relate to payment fights between out-of-network providers and health insurers, agreeing with a Texas federal judge that the rule places "a thumb on the scale" in insurers' favor.

  • August 02, 2024

    Boeing Wins Trim Of Rival Engineering Co.'s IP Case, For Now

    A Washington federal judge has significantly trimmed an aerospace engineering firm's suit accusing Boeing of stealing patented technology, agreeing with Boeing that many of the claims are inadequate to proceed at this stage, but giving the firm the opportunity to amend them.

  • August 02, 2024

    CFPB Claim 'Strays Too Far' In Snap Finance Suit, Judge Says

    A Utah federal judge allowed Snap Finance to escape some claims brought by the Consumer Financial Protection Bureau that alleged the lease-to-own consumer finance company intentionally misled customers with "virtually every step" of its consumer experience, saying that its lease agreements cannot be considered "credit."

  • August 02, 2024

    Bike Co. Says It's Lost 'Millions' From Royalty Deal Breaches

    A Colorado bicycle company has sued machinery manufacturer Gates Corp. in Denver District Court for allegedly breaking promises under a joint licensing and distribution deal, claiming Gates may be trying to dodge millions of dollars in royalty payments by encouraging rival bicycle makers to use the Colorado company's invention for free.

  • August 02, 2024

    Panel Says Co. Forfeited $12.7M Claim Over Rail Project

    A Colorado Court of Appeals panel has found that a construction company overstated how much it was owed from a public project to build a new Denver rail line and can't seek any remedy for that $12.7 million claim, according to an opinion that applied provisions of a public works law for the first time.

  • August 02, 2024

    Justices Urged To Hear Standing Issue For Patent Licensors

    The U.S. Supreme Court has been asked to give its take on whether the terms of a decade-old loan can be used to create issues over legal standing and exclusionary rights in a lawsuit tied to radio frequency developed in the mid-2000s.

  • August 02, 2024

    US Soccer's Antitrust Suit Settlement Talks May Be Stalling

    Settlement talks between the U.S. Soccer Federation and Relevent Sports LLC appear to be stalling in the sports promoter's antitrust suit against soccer's American governing body over its alleged monopoly on professional matches.

  • August 02, 2024

    Boeing's New CEO To Steer Daunting Safety Culture Rebound

    Boeing's selection of an engineer and longtime aerospace industry executive as its next CEO demonstrates an eagerness to correct course amid daunting legal and regulatory troubles, as victims' families relentlessly press for Boeing to face a criminal trial over the two 737 Max 8 crashes.

Expert Analysis

  • Setting Goals For Kicking Corruption Off FIFA World Cup Field

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    The unprecedented tri-country nature of the 2026 men's World Cup will add to the complexity of an already complicated event, but best practices can help businesses stay on the right side of anti-corruption rules during this historic competition, say Sandra Moser and ​​​​​​​Emily Ahdieh at Morgan Lewis.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Do Not Overstate Fla. Condo Termination Ruling's Impact

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    A close look at the unique language at issue in Avila v. Biscayne, in which a Florida appellate court deemed a condo termination to be invalid, shows that the case is unlikely to significantly affect other potential terminations, say Barry Lapides and Edward Baker at Berger Singerman.

  • Drafting Calif. Cannabis Management Services Agreements

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    Meital Manzuri and Alexis Lazzeri at Manzuri Law explore the ways in which management services agreements function in the California commercial cannabis industry, and highlight a few specific terms and conditions that are crucial when drafting these agreements.

  • In Energy Disputes, Good Arbitration Clauses Are Key

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    Recent trends have spawned many complex energy disputes that cross jurisdictional boundaries — but arbitration offers an optimal forum for resolving such matters, especially when arbitration provisions in contracts are tailored for the energy sector, say Scott Marrs at Akerman and Andrew Barton at the American Arbitration Association and the International Centre for Dispute Resolution.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Could 'General Average' Apply To The Key Bridge Crash?

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    While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Expect An Increase In Robinson-Patman Act Enforcement

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    Recent actions by the Federal Trade Commission and prominent lawmakers should be viewed as a harbinger of renewed scrutiny of price discrimination in all industries and a sign that Robinson-Patman Act investigations and enforcement actions are likely to see an uptick, say attorneys at Morgan Lewis.

  • Opinion

    The FTC's Noncompete Rule Is Likely Dead On Arrival

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    The Federal Trade Commission's April 23 noncompete ban ignores the consequences to the employees it claims to help — but the rule is unlikely to go into effect provided the ideological makeup of the U.S. Supreme Court remains the same, say Erik Weibust and Stuart Gerson at Epstein Becker.

  • Class Actions At The Circuit Courts: April Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.

  • 9th Circ. Arbitration Ruling Could Have Int'l Implications

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    In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • FTC Noncompete Ban Signals Rising Labor Focus In Antitrust

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    The Federal Trade Commission’s approval this week of a prohibition on noncompete agreements continues antitrust enforcers’ increasing focus on labor, meaning companies must keep employee issues top of mind both in the ordinary course of business and when pursuing transactions, say attorneys at Skadden.

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