Commercial Contracts

  • October 02, 2024

    Insurer Seeks To Ax NC Mogul's Appeal In Receivership Row

    An insurer seeking to collect on a $524 million arbitration award against insurance mogul Greg Lindberg told a North Carolina appeals court that in order to avoid a court-appointed receiver taking control of his assets, he's filed a "baseless" appeal arguing the state's courts lack jurisdiction over him.

  • October 02, 2024

    Gordon Rees Atty Asks Judge To Rethink Malpractice Ruling

    A Gordon Rees Scully Mansukhani LLP attorney urged a Washington state court to reconsider a recent ruling denying the dismissal of legal malpractice claims brought by the insurer for a climbing equipment manufacturer, saying the assignment and subrogation of professional liability claims is improper.

  • October 02, 2024

    Defense Atty Escapes DQ In $3M Transaction Row, For Now

    An attorney representing a businessman facing a $3 million fraud suit over a botched business transaction will not be forced to step away from the case, a South Dakota federal judge determined Wednesday, denying a motion seeking to disqualify the lawyer because he worked on the deal at issue in the suit.

  • October 02, 2024

    Panel Revives Fraud Suit On Merchant Cash Advance Cos.

    An Ohio state appeals court revived part of S&T Bank Inc.'s suit against more than 30 merchant cash advance companies that it accused of working with convicted fraudster Harold Sosna to help him run a check-kiting scheme that cost the bank $58 million.

  • October 02, 2024

    Settlement Talks Fizzle As Soccer Antitrust Fight Plows Ahead

    Hopes for a quick resolution in the antitrust brawl between the U.S. Soccer Federation and promoter Relevent Sports LLC seem dashed as the two sides informed a New York federal judge that settlement talks have stalled.

  • October 02, 2024

    Ex-Airline Exec Sentenced To 32 Months For $32M Scam

    A New York federal court has handed down a 32-month prison sentence to a businessman who confessed to a conspiracy to defraud his former employer, Polar Air Cargo Worldwide Inc., of more than $32 million.

  • October 02, 2024

    Class Cert. In Bonus Suit Against X On The Verge Of Failure

    A California federal judge appeared inclined to deny a former X Corp. employee's class certification bid in his suit claiming the social media platform failed to pay promised bonuses after Elon Musk took over, urging the parties to tackle whether a renewed motion is necessary.

  • October 02, 2024

    GNC Wins $45M In Awards Against Asian Franchisees

    GNC Holdings LLC has said the International Centre for Dispute Resolution informed the health and wellness company of nearly $45 million it has won in arbitral awards against franchisees located in Singapore and the Philippines.

  • October 02, 2024

    Wells Fargo Says Atty Can't Blame It For Getting Scammed

    Wells Fargo has asked a Colorado state judge to dismiss claims brought by an attorney and conservative political figure alleging the bank failed to cancel his wire transfer from a client's account to what ended up being a scammer's Hong Kong account.

  • October 02, 2024

    Tilray Gets Investor Stock Suit Scrubbed For Good

    A New York federal judge has dismissed with prejudice an investor suit alleging cannabis company Tilray Inc. and its officers misled investors about a co-branding agreement's prospects, saying the latest amended complaint fails to show that the company's CEO had intent to defraud or other nefarious motives.

  • October 01, 2024

    Pras Accuses Lauryn Hill Of Looting Fugees Tour Profits

    Fugees rapper Prakazrel "Pras" Michel accused bandmate Lauryn Hill in a Manhattan federal lawsuit Tuesday of wresting control of the Grammy Award-winning group's brand and pocketing most of their reunion tour profits, allegations the "Killing Me Softly" singer vehemently denies.

  • October 01, 2024

    Lordstown Brass Beat Investor Suit Over Failed Foxconn Deal

    An Ohio federal judge on Monday freed current and former executives of Lordstown Motors Corp., now Nu Ride, from a proposed securities class action alleging they concealed problems ahead of a failed partnership with Taiwan-based Foxconn, saying delays and "other minor issues" didn't make general, positive statements inaccurate.

  • October 01, 2024

    Lighting Co. Faces Arbitration Bid In Spat Over $100M Verdict

    Lighting company Signify North America Corp. must arbitrate its bid to get its business partner Rexel USA Inc. to cover a record-breaking personal injury verdict for a warehouse employee paralyzed by a co-worker with a history of using heroin on the job, the latter company said in a Connecticut state court lawsuit. 

  • October 01, 2024

    9th Circ. Revives FCA Claims Against Dermatology Practice

    A Ninth Circuit panel on Monday revived the claims of a former employee who accused a Nevada dermatology practice of retaliation under the False Claims Act and other wrongdoing, reversing the practice's early win and sending the case back for trial.

  • October 01, 2024

    Calif. Judge Won't Let Insurers Slip Mold Coverage Suit

    A California federal judge mostly refused to allow a group of insurers to escape a suit filed by the owner and operator of a 231-unit California apartment complex seeking coverage for mold under a $69 million builders risk policy.

  • October 01, 2024

    Colo. Workers' Comp. Doesn't Exempt Employer Auto Insurers

    Workers who are injured in car accidents while on the job can sue their employers' auto insurance carriers for underinsured motorist coverage, even if they have received workers' compensation benefits, Colorado's supreme court concluded, finding no state law precluded it.

  • October 01, 2024

    Amex Sued By Merchants Over 'Anti-Steering' Rule

    American Express violates federal antitrust laws by effectively preventing nearly all businesses that accept credit cards from incentivizing customers to use other cards with lower fees, a proposed class action alleges.

  • October 01, 2024

    CFPB, NY Pan Subprime Auto Lender's 'Attempt To Distract'

    The Consumer Financial Protection Bureau and the state of New York have fired back at subprime auto lender Credit Acceptance Corp.'s bid to exit its predatory lending lawsuit in New York federal court, slamming its move as a Wizard of Oz-like effort to escape scrutiny "behind the curtain."

  • October 01, 2024

    Starbucks Investor Suit Seems 'Premature,' Court Official Says

    A Washington appellate commissioner gave Starbucks another chance to end a shareholder suit accusing the company's leadership of turning a blind eye to union-busting by managers, saying the lawsuit appears "premature" since it mostly relies on unfair labor practice complaints that are still pending.

  • October 01, 2024

    Final Artwork Tossed From Nazi-Looted Hungarian Art Suit

    A D.C. federal judge has dismissed a family's claim to a 16th century sculpture believed to have been seized by Nazi officers during the German occupation of Hungary, the final artwork at issue in long-running litigation to recover an expansive art collection stolen during the Holocaust.

  • October 01, 2024

    Ex-NBA Star's Big Paydays Not Relevant In Hoops Fraud Trial

    Dwight Howard's NBA contracts exceeding $240 million over his 18-year playing career are irrelevant to charges that an Atlanta businessman defrauded the ex-basketball superstar out of $7 million, a Manhattan federal judge held Tuesday.

  • October 01, 2024

    Most TA Dispatch Claims Fall In Chancery Celadon Suit

    Alabama trucking and transport management company TA Dispatch LLC saw three of its four claims tossed Tuesday from its Delaware Court of Chancery suit seeking millions in damages from directors and officers of a transport and logistics company that went bankrupt shortly after selling TA Dispatch severely hobbled assets.

  • October 01, 2024

    Ill. Judge Won't Crack Jury's $18M Egg Price-Fixing Verdict

    An Illinois federal judge said Monday that he wouldn't disturb a jury's since-trebled $17.7 million award to Kraft and three others that claimed two of the nation's largest egg producers and two industry groups conspired to raise prices, saying the jury heard enough to support their claims.

  • October 01, 2024

    Pennsylvania Gas Leaseholders Get Royalties Suit Certified

    Hundreds of Pennsylvania landowners with natural gas leases have been certified by a federal judge as a class in their lawsuit against Range Resources, which they say took more money out of their royalty payments than their contracts permitted.

  • October 01, 2024

    NC Judge Trims Most Of $200M Apartment Complex Sale Suit

    A North Carolina federal judge tossed out the breach of contract and deceptive trade practices claims in a real estate firm's suit over a soured $200 million deal to acquire a portfolio of apartment complexes, but the court said the buyer's claims could come back later.

Expert Analysis

  • 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.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • The Effects Of New 10-Year Limitation On Key Sanctions Laws

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    Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.

  • Supply Chain Considerations For Companies Deploying AI

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    Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Key Lessons From Recent Insurance Policy Reform Litigation

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    A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.

  • Compliance Considerations For New Data Protection Law

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    Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.

  • 2nd Circ. Ruling Affirms NY Law's Creditor-Friendly Approach

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    The Second Circuit’s recent ruling in 245 Park Member v. HNA International provides creditors with some reason for optimism that debtors in New York may face rejection in court for aiming to keep creditors at arm’s length by transferring personal assets into an LLC, says Jeff Newton at Omni Bridgeway.

  • Diving Deep Into Sweeping NY Financing Bill — And Its Pitfalls

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    A New York bill seeking to impose state usury limits onto a broader variety of financing arrangements and apply lender licensing requirements to more diverse entities would present near-insurmountable compliance challenges for lenders and retailers, say Kate Fisher and Tom Quinn at Hudson Cook.

  • When Oral Settlements Reached In Mediation Are Enforceable

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    A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.

  • What Transactional Attys Must Know About Texas Biz Courts

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    As Texas prepares to launch its new business courts, transactional attorneys — especially those involved in commercial, securities and internal governance matters — should keep several issues in mind when considering use of the state's business court system to facilitate deals and settle disputes, say attorneys at Katten.

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