Commercial Contracts

  • July 11, 2024

    Accounting Firm Contests Blame For Client's $2M Tax Bill

    An accounting firm maintains it had no duty to inform an online flower bulb retailer about a major change in tax law stemming from the U.S. Supreme Court's 2018 Wayfair decision, telling the North Carolina Business Court that advising on such topics wasn't within the scope of its duties.

  • July 11, 2024

    Signify, Merger Partner Clash In Chancery Over $50M Earnout

    An attorney for former Caravan Health Inc. stockholder representatives told a Delaware vice chancellor on Thursday that acquirer Signify Health Inc. sabotaged Caravan's business in order to scuttle an obligation to add as much as $50 million in performance-based "earnouts" to the $250 million merger price.

  • July 11, 2024

    Pa. Condo Owner Group Takes Inner-Tower Conflict To Court

    The residents association of a downtown Pittsburgh condo building sued the building's commercial association in state court, alleging they have been improperly denied access to commercial sections of the building needed to complete HVAC repair work.

  • July 11, 2024

    Staffing Claim Against Kaiser Will Go To Trial, Judge Says

    A United Food and Commercial Workers local can continue litigating its claim that Kaiser Permanente affiliates violated provisions in labor contracts guaranteeing adequate staffing, a Colorado federal judge ruled, saying there are outstanding issues to be resolved at trial.

  • July 11, 2024

    $435M Yale Hospital Merger Case Set For December Jury Trial

    A lawsuit claiming that Yale New Haven Health Corp. is trying to back out of a $435 million deal to buy three Connecticut hospitals will go to a bench trial in December after a state court judge approved the parties' proposed schedule.

  • July 11, 2024

    Kioti Info Must Be Public In $7.7M Fraud Suit, Court Told

    A financial services business is pushing the North Carolina Business Court to reject an attempt by the parent company of Kioti to seal away financial records, arguing that the company hasn't shown a need for secrecy that overcomes the court's preference to keep information public.

  • July 11, 2024

    Clemson Can't Toss ACC's Media Rights Suit From NC Court

    Clemson University has come up short in its attempt to end the Atlantic Coast Conference's suit over media rights and conference exit fees after a North Carolina state judge ruled that as an ACC member, the university had given conference leaders the right to sue in the state.

  • July 11, 2024

    Chancery Fast-Tracks Blue Cross Data Co. Suit, Denies TRO

    An independent licensee of Blue Cross Blue Shield Association that accused a customer of sharing confidential data with industry competitor Cigna Corp. got its Delaware Chancery Court lawsuit fast-tracked Thursday but failed to get immediate injunctive relief because the harms it alleged were too "speculative."

  • July 11, 2024

    Top Atty At Army Center Of Military History Joins Shook Hardy

    The former chief counsel for the U.S. Army Center of Military History has joined Shook Hardy & Bacon LLP as co-chair of the firm's growing art law practice, the firm announced Thursday.

  • July 11, 2024

    Bally Sports Parent Axes TV Deal With NHL's Dallas Stars

    A Texas bankruptcy judge on Thursday approved a request by Bally Sports parent company Diamond Sports Group to reject a broadcast agreement with the NHL's Dallas Stars, the latest professional team to part ways with DSG.

  • July 10, 2024

    Nasdaq Says It's Immune To SPAC's 'Racial Animus' Claims

    The Nasdaq Stock Market has asked a Brooklyn federal judge to toss claims it "arbitrarily and capriciously" derailed a minority-led special purpose acquisition company's plans, arguing in a Wednesday filing that it's immune to such claims as a self-regulatory organization.

  • July 10, 2024

    Medical Imaging Co. Looking To Vacate 'Tainted' Award

    A New York federal court has unsealed medical imaging company Molecular Dynamics Ltd.'s still-pending 2022 petition seeking to vacate an allegedly fraudulent arbitral award favoring its former partner in a project to develop cameras in the field of nuclear medicine, revealing more information about the dispute.

  • July 10, 2024

    Chiquita Says Ecuador Banana Co. Prez Must Be Jailed

    Chiquita Brands International asked a Florida federal court Wednesday to issue an arrest warrant for the president of an Ecuadorian banana exporter that has ignored court orders requiring the exporter to hand over financial information needed to execute a $6.9 million international arbitral award to Chiquita.

  • July 10, 2024

    Airgun Co. Drops Counterclaim Against Swedish Supplier

    An American airgun seller has dropped its counterclaim alleging in the North Carolina Business Court that its Swedish supplier sabotaged a business relationship as part of a deal to end a court battle between the two former partners.

  • July 10, 2024

    Cheech And Chong's Co. Hits Colo. Cannabis Cos. With IP Suit

    Cheech and Chong's Cannabis Co. has filed an infringement lawsuit against a Colorado entrepreneur, accusing him of using the comedy duo's likeness after being explicitly warned not to, according to a lawsuit filed in Colorado state court.

  • July 10, 2024

    Ex-CEO Of Mogul-Tied Co. Fired For Failures, Fraud Suit Says

    A European IT company tied to convicted mogul Greg Lindberg struck back against a lawsuit by its former CEO who alleges he was fired abruptly, accusing the former executive of shirking his leadership duties in a counterclaim.

  • July 10, 2024

    Utility Locating Co.'s Ex-CEO Sues For Severance After Firing

    The former CEO of a utility locating company in North Carolina is suing for severance after he was unexpectedly fired, saying he was never told the grounds for his termination and should be paid his base salary plus a bonus under the terms of his employment contract.

  • July 10, 2024

    Thoma Bravo's Qualtrics Bid Fell Short, SAP Tells Chancery

    Thoma Bravo LP may have offered $1.2 billion more than Silver Lake Management to buy Qualtrics International Inc. from software company SAP SE in 2023, but other aspects of the bid were less attractive than Silver Lake's $12.5 billion offer, an attorney for SAP directors told Delaware's Court of Chancery on Wednesday.

  • July 10, 2024

    NJ Justices OK Class Waivers Sans Arbitration Mandates

    Class action waivers don't require a mandatory arbitration provision to be enforceable, the New Jersey Supreme Court ruled Wednesday, while also warning that waivers deemed unconscionable for other reasons may be invalidated.

  • July 10, 2024

    Insurer Must Face Claims In Penile Implant Coverage Suit

    An insurer can't escape a suit brought by a urologist and his practice seeking coverage for a proposed class action over a penile enlargement implant and procedure, a California federal court ruled Wednesday, saying it's too early to conclude that the underlying action doesn't assert potentially covered claims.

  • July 10, 2024

    Intel Asks Del. Court To Affirm It Has License To VLSI Patents

    Intel has launched a suit in Delaware federal court asking for an order that it already has a license to various VLSI patents, the latest in a sprawling legal fight between the two parties over microchips.

  • July 10, 2024

    Margolis Edelstein Fights Bid To Revive Malpractice Suit

    An attorney representing Margolis Edelstein told the Delaware Supreme Court on Wednesday that an insurer's malpractice suit against the law firm shouldn't be revived as the firm's purported negligence wasn't the reason the insurer settled an underlying dispute for $1.2 million.

  • July 10, 2024

    Walmart IP Foe May Face $2.9M Penalty After Jury Win Tossed

    Counsel for a food tech startup that saw its $115 million patent infringement verdict against Walmart nixed may be ordered to pay the retail giant's $2.9 million legal bill due to misrepresentations about a key piece of evidence, an Arkansas federal judge said.

  • July 10, 2024

    Pa. Judge Skeptical Of Pausing FTC's Noncompete Ban

    A Pennsylvania federal judge on Wednesday seemed hesitant to grant a tree services company's request to halt the Federal Trade Commission's recent ban on noncompete agreements, as attorneys for the company struggled to point to concrete harms it would suffer if the ban were to take effect as scheduled.

  • July 10, 2024

    2nd Circ. Won't Rethink Arbitration Denial In ERISA Suit

    The Second Circuit declined to reconsider its May ruling that a group of financial services companies can't compel individual arbitration of a proposed class action accusing them of overcharging an employee stock ownership plan, rejecting one company's argument that the panel unfairly displayed "hostility to arbitration."

Expert Analysis

  • 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.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

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