Commercial Contracts

  • January 27, 2025

    4th Circ. Says Servicemembers Law Doesn't Bar Arbitration

    The Fourth Circuit ruled Monday that the Servicemembers Civil Relief Act, a federal law that grants financial protections to members of the U.S. armed forces, does not override mandatary arbitration agreements in lenders' contracts with military borrowers.

  • January 27, 2025

    Alaskan Co. Says Texas Firm Bungled Wash. Dam Scaffolding

    An Alaska Native-owned corporation is claiming a Texas firm supplied faulty underwater scaffolding designs that allegedly caused a structural collapse at a Pacific Northwest dam, exposing one of the corporation's subsidiaries to a demand of more than $1.4 million from the project's lead contractor.

  • January 27, 2025

    Perella Weinberg Had $47M Motive To Ax Partners, Judge Told

    Counsel for former partners of investment banking firm Perella Weinberg on Monday signaled to a New York state trial judge that the firm had a financial motive to fire them and pointed to emails calling one a "destructive influence."

  • January 27, 2025

    Investor Accuses 'Chicken Soup' Parent Of Mismanagement

    A corporate investor in Chicken Soup for the Soul Holdings LLC has accused the publishing company, which has released popular self-help books for decades, of mismanagement leading up to a subsidiary's Chapter 7 liquidation, saying the company didn't provide proper financial information requested by the investor. 

  • January 27, 2025

    Fill-In Nurses, Staffing Agency Strike Deal To End Wage Suit

    An agency that provides nurses to hospitals when their employees go on strike reached a deal Monday with 42 nurses who accused the company of stiffing them on wages when they were sent to work at a Kaiser Permanente medical center, a filing in Colorado federal court said.

  • January 27, 2025

    AIG Unit Says No Coverage For McKinsey Opioid Suits, Deals

    Management consulting giant McKinsey & Co. shouldn't have any coverage for more than 250 opioid lawsuits and roughly $1.3 billion it's paid in corresponding settlement payments to date, an AIG unit told a Delaware state court, arguing the underlying claimants have accused McKinsey of uninsurable "deliberate misconduct and greed."

  • January 27, 2025

    NFL Union, DraftKings Reach Settlement In NFT Licensing Suit

    The NFL Players Association and DraftKings Inc. asked a New York federal judge Monday to pause a lawsuit that accused the betting platform of failing to follow through on a licensing agreement related to nonfungible tokens while they iron out details of a settlement.

  • January 27, 2025

    Ga. Accountant Must Face Fintech Co.'s Share Price Suit

    A Georgia federal judge has declined to dismiss most of a British fintech company's suit against Atlanta-based accounting firm Frazier & Deeter LLC over an allegedly bungled stock valuation, ruling Monday that a hold harmless clause in the companies' contract was largely unenforceable.

  • January 27, 2025

    Novo Nordisk's Obesity Drug Study Allegedly Duped Investors

    Novo Nordisk was hit with a proposed securities class action in New Jersey federal court Friday, accusing the drugmaker of duping investors about its new weight loss drug CagriSema by failing to disclose that obesity patients were taking different dosages in a clinical study, which allegedly skewed results.

  • January 27, 2025

    Pair Of Google Advertisers Must Arbitrate Ad Tech Claims

    A New York federal court found that a pair of advertisers will have to arbitrate their claims against Google instead of trying to represent a class in the multidistrict litigation accusing the tech giant of monopolizing key digital advertising technology.

  • January 27, 2025

    Fla. Judge Won't Recuse Over 'Adverse Ruling' In CBD Row

    A Florida federal magistrate judge has refused to step down from a case where she recommended sanctioning an attorney representing a franchisee in a contract dispute with CBD American Shaman LLC, saying adverse rulings are not grounds for recusal.

  • January 27, 2025

    High Court Skips Golf Course Investors' Class Cert. Bid

    The U.S. Supreme Court on Monday rejected a review petition filed by Chinese investors who wanted class certification for their Ponzi scheme suit against a Chinese citizen accused of misusing the investors' money to buy multiple golf courses and other properties in South Carolina.

  • January 27, 2025

    Zurich Owes Solar Co. $12.2M For Rain Damage, Judge Says

    Zurich American Insurance Co. owes over $12.2 million to a solar energy company for damages from heavy rainstorms at a 2,000-acre solar farm, a Georgia federal court ruled after a jury found the insurer liable for additional costs related to the rain events.

  • January 24, 2025

    Musk Can't Yet Appeal Twitter Investors' Cert., 9th Circ. Says

    The Ninth Circuit on Friday rebuffed Elon Musk's request to immediately appeal a California federal judge's decision to certify a class of thousands of Twitter investors over claims the billionaire businessman fraudulently tweeted about the social media company's alleged bot problem to get out of his $44 billion acquisition.

  • January 24, 2025

    CSU, Mountain West Seek To Escape Suit Over Trans Athlete

    The California State University system and Mountain West Conference urged a Colorado federal court to free them from a lawsuit challenging a conference policy that allowed a transgender athlete's participation, saying precedent, including from the U.S. Supreme Court, recognized that discrimination based on one's transgender status was impermissible sex discrimination.

  • January 24, 2025

    Anschutz Gets Trade Secrets Trial Delayed Amid Sale Dispute

    A Colorado state judge on Friday delayed an upcoming trial in a trade secrets suit brought by Anschutz Exploration Corp., giving the parties more time to deal with a discovery fight over a recent sale that left the jurist "totally dumbfounded" and "furious" at a Denver oil prospector earlier this week.

  • January 24, 2025

    Justices Urged To Review Souvenir Store's TM Fraud Case

    A Florida souvenir store chain has asked the U.S. Supreme Court to consider its challenge to a Second Circuit decision foreclosing its arguments that a bankrupt beachwear company fraudulently procured a trademark registration to secure a $3.5 million settlement in yearslong litigation between the competitors.

  • January 24, 2025

    11th Circ. Upholds $23M Ruling Against Venezuelan Oil Cos.

    The Eleventh Circuit ruled Friday that two Venezuelan oil companies can't reverse a $23 million judgment over breach of contract for the sale of chemicals, saying they waived challenges to personal jurisdiction at key points in the litigation, and the record shows no genuine factual issues surrounding the broken agreements.

  • January 24, 2025

    Scorned Hot Dog Biz Buyer Urges NC Justices To Revive Suit

    A businessman who claims he was cut out of a deal to buy a chain of Ohio hot dog eateries urged the North Carolina Supreme Court to revive his suit against a man who the businessman said was supposed to be his partner, arguing only a jury can resolve the matter.

  • January 24, 2025

    EEOC Disability Bias Suit Tossed Following Nixed Evidence

    A mortgage and financial services company on Friday defeated a U.S. Equal Employment Opportunity Commission lawsuit alleging it unlawfully refused to hire a woman because she took pain medication, after a Washington federal judge ruled midtrial that a key piece of evidence shouldn't have been shown to jurors.

  • January 24, 2025

    NJ Judge Rejects Bid For New Trial In Red Roof Inn Deal

    A New Jersey state judge has rejected a bid for a new trial over a deal gone wrong to purchase a Red Roof Inn, ruling two witnesses who asserted their Fifth Amendment rights outside of the jury's presence had no bearing on the jury's verdict.

  • January 24, 2025

    9th Circ. Renews Billing Co.'s Suit Against Texas Data Firm

    A Ninth Circuit panel on Friday partly revived a Washington billing services company's lawsuit over a soured business deal with bankrupt Addison Data Services, finding a bankruptcy settlement agreement and the statute of limitations can't keep the plaintiff from pursuing its breach of fiduciary duty claims.

  • January 24, 2025

    Boston Firm Says IT Vendor Holding Computers 'Hostage'

    Boston-based law firm Melick & Porter LLP says a company it hired to manage its information technology is now holding its computer network and data "hostage" by refusing to cooperate with the transition to a new vendor unless Melick pays it $380,000.

  • January 24, 2025

    Dow Argues Tech Firm's IP Suit Over Software Is Time-Barred

    The Dow Chemical Co. has urged an Ohio federal judge to rule in its favor in a dispute over proprietary polyethylene manufacturing software, arguing that ControlSoft Inc.'s suit ignores their more than 20-year business relationship and that the technology firm waited too long to bring trade secrets and copyright infringement claims.

  • January 24, 2025

    Capital One Named In Action Over Early-Year Service Outage

    Capital One has been hit with a proposed class action in Virginia federal court focused on a January service disruption that allegedly left consumers locked out of its systems.

Expert Analysis

  • 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.

  • Behind Court Challenges To The FTC's Final Noncompete Rule

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    The Federal Trade Commission's recent final rule banning noncompetes may not go into effect any time soon amid a couple of Texas federal court challenges seeking to bar the rule's implementation, which will likely see appeals all the way to the U.S. Supreme Court, says Michael Elkins at MLE Law.

  • Can Chatbot Interactions Lead To Enforceable Contracts?

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    The recent ruling in Moffatt v. Air Canada that found the airline liable for the representations of its chatbot underscores the question of whether generative artificial intelligence chatbots making and accepting offers can result in creation of binding agreements, say attorneys at McDermott.

  • The Opportunities, Risks And Rewards Of AI Acquisitions

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    As artificial intelligence acquisitions become an increasing area of focus for investors and technology buyers, entities should pay special attention to target identification, due diligence and more when structuring and executing a transaction with a company that has an AI-centric business model, say attorneys at Foley & Lardner.

  • Legal Issues To Watch As Deepfake Voices Proliferate

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    With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.

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