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Commercial Contracts
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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January 27, 2025
Anadarko Prevails In La. Kickback Defense Coverage Suit
An environmental remediation company should defend and indemnify Anadarko Petroleum Corp. in a decade-old Louisiana kickback lawsuit, a Texas federal court judge has ruled.
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January 27, 2025
Proud Boys Atty Calls Researcher Copyright Claim A 'Ruse'
A Texas-based researcher laid out her case against an attorney she accuses of violating her copyright and skipping out on his bill, claiming that her firm foundered after the lawyer, who was defending a Proud Boy accused of attacking the U.S. Capitol, didn't tell her he couldn't pay.
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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.
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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.
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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."
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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.
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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.
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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."
Expert Analysis
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Series
Playing Music Makes Me A Better Lawyer
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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How Attys Can Avoid Pitfalls When Withdrawing From A Case
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.
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The Effects Of New 10-Year Limitation On Key Sanctions Laws
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.
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Supply Chain Considerations For Companies Deploying AI
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.
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Using A Children's Book Approach In Firm Marketing Content
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.
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Key Lessons From Recent Insurance Policy Reform Litigation
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.
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Compliance Considerations For New Data Protection Law
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.
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2nd Circ. Ruling Affirms NY Law's Creditor-Friendly Approach
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.
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Diving Deep Into Sweeping NY Financing Bill — And Its Pitfalls
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.
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When Oral Settlements Reached In Mediation Are Enforceable
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.
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What Transactional Attys Must Know About Texas Biz Courts
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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Series
Being An EMT Makes Me A Better Lawyer
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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Behind Court Challenges To The FTC's Final Noncompete Rule
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.
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Can Chatbot Interactions Lead To Enforceable Contracts?
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.
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The Opportunities, Risks And Rewards Of AI Acquisitions
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.