Commercial Contracts

  • January 29, 2025

    Dechert Seeks Clawback From Ex-Atty After $132K Pay Error

    A former Dechert senior project attorney is accused of failing to report a $132,250 billing error and refusing to return the funds, according to a suit the firm brought against her in New York state court.

  • January 28, 2025

    Jury Clears LED Distributor Of Korean Co.'s Fraud Claims

    A California federal jury returned a verdict Tuesday clearing the head of a now-defunct LED screen distribution company of allegations that he lied to his Korean manufacturing partner about efforts to repay millions of dollars worth of mounting debts.

  • January 28, 2025

    Proud Boys Atty Beats Researcher's IP Claim In Mixed Verdict

    A Washington, D.C., federal jury Tuesday cleared an attorney who defended a Proud Boy accused of attacking the U.S. Capitol of infringing a Texas-based researcher's copyright, but found that the attorney owes the researcher $77,000 for skipping out on his bill.

  • January 28, 2025

    Staples Settles Out Of Visa, Mastercard Swipe Fee Battle

    Staples on Tuesday settled out of an over decade-long antitrust battle lodged against Visa and Mastercard for allegedly overcharging merchants via swipe fees, leaving the payment card companies with one less retailer to face in trial this year over their alleged anticompetitive fee scheme.

  • January 28, 2025

    Amazon Says Too Late For Mass. Court's Expense Suit Take

    Amazon said a delivery driver missed his chance to seek clarity on whether Massachusetts state wage law requires employers to compensate employees for work-related expenses, urging a Washington federal judge to pass on asking the Bay State's top court to weigh in.

  • January 28, 2025

    End To Third-Party Standing May Affect Ga. Civil Rights Suits

    The Supreme Court of Georgia on Tuesday shut down a landowner's bid to sue her county on behalf of the would-be buyer of her property, declaring that Peach State courts will no longer recognize third-party standing as a means for plaintiffs to get in the courthouse's doors in a ruling experts say could have a wide effect on future civil rights cases.

  • January 28, 2025

    Capri Investors Sue Over Scrapped $8.5B Tapestry Merger

    Fashion brand giants Capri Holdings Ltd. and Tapestry Inc. misled investors about potential antitrust regulatory issues associated with their planned $8.5 billion merger that ultimately led to the deal's failure and investor losses, according to a proposed securities class action filed Tuesday in Delaware federal court.

  • January 28, 2025

    Judge OKs Refiling Of Suit Over $20M Austin Nightclub Deal

    A Texas federal judge granted a bid to dismiss a suit claiming a title company handed over $3 million to a fraudster, saying Tuesday that she would allow the plaintiff to rework its complaint to show the defendants were indeed more heavily tied to the sham than the current complaint contended.

  • January 28, 2025

    4th Circ. Raises Questions Over Health Data Access Order

    A Fourth Circuit panel focused Tuesday on whether an exception to federal law barring electronic health record companies from blocking the exchange of patient data applies to a request from Real Time Medical Systems to access nursing home data from PointClickCare.

  • January 28, 2025

    Texas Judge OKs $40M Settlement In Six Flags Expansion Suit

    A Texas federal judge indicated Tuesday that he would approve a $40 million class settlement between Six Flags Entertainment Corp. and investors accusing the amusement park operator of bungling expansion plans in China — after having previously dismissed the case twice.

  • January 28, 2025

    DC Judge Doubts Lawfulness Of USCIS EB-5 Guidance

    A D.C. federal judge expressed deep skepticism Tuesday that U.S. Citizenship and Immigration Services acted lawfully when the agency shortened the minimum investment period for foreign investors seeking green cards, outlining plans to toss the rule or pause a lawsuit challenging it pending rulemaking.

  • January 28, 2025

    Pharma Co. Gets Final Shot To Ax NC Contract Breach Suit

    A pharmaceutical company can make another attempt to escape a software developer's suit alleging he was duped into selling his technology to the company, the North Carolina Business Court has said, months after the state's top court revived the software maker's breach of contract claims.

  • January 28, 2025

    Union Worker Entitled To Higher Pension Benefits, Judge Says

    A plumbing union pension plan violated federal benefits law when it refused to increase a worker's monthly payments because he opted to retire late, a Minnesota federal judge ruled, finding the plan's terms didn't prevent him from receiving a bump.

  • January 28, 2025

    Nestle Plant Can Switch Power Providers, Ga. Justices Rule

    The Supreme Court of Georgia ruled Tuesday that Nestle should have been allowed to switch electricity providers from Georgia Power to Walton EMC after renovating a former warehouse facility in Hartwell, Georgia. 

  • January 28, 2025

    Apple Can't Defend Google Revenue Deal In DOJ Search Case

    A D.C. federal judge has refused to let Apple intervene to defend the billions it gets from Google to keep the search giant as the default for Safari browser, holding the iPhone maker waited too long to intervene in the Justice Department's monopolization lawsuit, and the company's involvement now would be too disruptive.

  • January 28, 2025

    Yale Unit Wants To Yank Hospital Sale Suit From Ch. 11 Court

    A Yale University health unit's lawsuit seeking to escape a $435 million sale deal with a bankrupt hospital operator belongs in state court and not with the Chapter 11 judge, the Ivy League-tied entity told a federal judge Tuesday.

  • January 28, 2025

    Oilfield Co. Looks To Avoid Arbitration In Hydrocarbon Row

    Oilfield services operator Schlumberger has asked a Texas judge to block an arbitration proceeding initiated by a Guatemalan oil company over alleged mismanagement of a hydrocarbon project, saying it never entered a valid arbitration agreement.

  • January 28, 2025

    Texas Panel Wipes Baylor's $12M COVID Insurance Verdict

    An appellate panel wiped a $12 million jury verdict in favor of Baylor College of Medicine on Tuesday, writing that it was joining "the vast majority of courts" in ruling that the university's insurance policy didn't cover COVID-19 losses.

  • January 28, 2025

    Logistics Co. Says Director Created Rival While Still Employed

    A third-party logistics company took one of its former sales directors to North Carolina federal court alleging the man broke his employment contract while working for the company, misappropriated trade secrets and poached its clients to start his own competing firm.

  • January 28, 2025

    Greenberg Traurig Digital Infrastructure Leader Joins Kirkland

    Kirkland & Ellis LLP has picked up the longtime co-chair of Greenberg Traurig LLP's digital infrastructure, data center and cloud computing industry group, who has joined the firm's corporate practice group in Washington, D.C.

  • January 28, 2025

    Morgan & Morgan Keeps Win To Arbitrate Malpractice Claims

    A Georgia federal judge on Tuesday declined to reconsider a ruling granting Morgan & Morgan PA's bid to compel arbitration in a former client's legal malpractice case or to send the dispute back to state court.

  • January 28, 2025

    Mich. Steakhouse Drops $2M Negligence Suit Against Atty

    A Michigan steakhouse has dropped its malpractice suit against its former attorney after claiming the lawyer made mistakes in franchise agreements that cost it more than $2 million, according to a stipulated order Tuesday.

  • January 28, 2025

    Connecticut Bank Customer Drops Overdraft Class Claims

    Connecticut's Fairfield County Bank has dodged a proposed class action accusing it of unlawfully charging fees on "authorize positive, settle negative" transactions, court records show.

  • January 28, 2025

    6th Circ. Seems Cold To Dairy Queen Franchisee's Sale Appeal

    A Sixth Circuit panel appeared skeptical Tuesday that Dairy Queen violated the terms of a franchise agreement with the owners of a dozen restaurant locations in Michigan by blocking the proposed sale of two stores.

  • January 28, 2025

    Wynn Fraud Trial Still On As Appeals Court Declines To Step In

    A Wynn Resorts subsidiary cannot challenge a decision allowing a trial on accusations that it misled the former owner of the site of its Encore Boston Harbor casino into cutting the property's sale price by $40 million, the state's intermediate-level appeals court has ruled.

Expert Analysis

  • Adopting 7 Principles May Improve Voluntary Carbon Markets

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    The Biden administration's recently issued joint policy statement on improving the integrity of voluntary carbon markets may help companies using carbon credits to offset their emissions withstand scrutiny by government agencies, the public and investors, say attorneys at Morgan Lewis.

  • Managing Legal Risks After University Gaza Protests

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    Following the protests sparked by the war in Gaza, colleges and universities should expect a long investigative tail and take steps to mitigate risks associated with compliance issues under various legal frameworks and institutional policies, say Wiley's Diana Shaw and Colin Cloherty.

  • Debate Over CFPB Definition Of Credit Is Just Beginning

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    The Consumer Financial Protection Bureau has recently worked to expand the meaning of credit, so anyone operating on the edges of the credit markets, or even those who assumed they were safely outside the scope of this regulatory perimeter, should pay close attention as legal challenges to broad interpretations of the definition unfold, says John Coleman at Orrick.

  • Abu Dhabi Ruling Hints At More Arbitration-Friendly Approach

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    The international and comparative rationale an Abu Dhabi onshore court used to decide that an arbitration agreement referencing a defunct arbitration center was still enforceable suggests that the UAE judiciary may be adopting a more flexible, pro-arbitration framework and stabilizing Dubai's arbitration landscape, say attorneys at Reed Smith.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • DC Circ. Ruling Heightens HHS Contract Pharmacy Challenges

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    The D.C. Circuit's recent ruling that the Section 340B program does not bar manufacturers from restricting deliveries of discounted drugs to contract pharmacies represents a second strike against the U.S. Department of Health and Human Services' current contract pharmacy policy and raises the stakes surrounding an upcoming Seventh Circuit ruling on the same issue, say attorneys at Foley Hoag.

  • Trending At The PTAB: Real Party In Interest And IPR

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    The Patent Trial and Appeal Board’s recent Luminex v. Signify decision, finding a complaint seeking indemnification may be treated as a public demand sufficient to establish a real party-in-interest, shows that the board continues to apply a broad and expansive definition to that term, say Yicong (Eve) Du and Yieyie Yang at Finnegan.

  • How Employers, Attorneys Can Respond To Noncompete Ban

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    As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • CFPB's Expanding Scope Evident In Coding Bootcamp Fine

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    The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.

  • 4 Arbitration Takeaways From High Court Coinbase Ruling

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    The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

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