Commercial Contracts

  • February 27, 2024

    NH Power Plant Gets OK On Purchaser Settlement In Ch. 11

    Bankrupt New Hampshire power plant Burgess Biopower LLC will receive a $3.35 million payment from a power purchaser that allegedly withheld money it owed last year, reaching a settlement agreement between the parties that won a Delaware federal judge's blessing on Tuesday.

  • February 27, 2024

    Ex-NESN Exec Gets 3½ Years In Fraud Scheme

    A former executive at the Massachusetts cable network that broadcasts Red Sox and Bruins games was sentenced Tuesday to 3½ years in prison for embezzling nearly $600,000 from his employer through an elaborate invoicing scheme, crimes a judge called both "deliberate" and "insidious" and the government called "brazen."

  • February 27, 2024

    Altice Unit Can't Force Bill Padding Claims To Arbitration Yet

    A West Virginia federal judge is keeping a proposed class action accusing Altice subsidiary Optimum of illegal bill-padding in his courtroom for now, denying the company's motion to compel arbitration after the customers amended their complaint and voided all but one named plaintiff.

  • February 27, 2024

    Energy Co. Asks 8th Circ. To Revive Lease Termination Suit

    A Denver-based energy company has told the Eighth Circuit that a North Dakota federal judge was wrong to dismiss its lease termination suit and hold that it had not exhausted its administrative remedies when its appeal of the Bureau of Indian Affairs decision had dragged on for nine-plus years.

  • February 27, 2024

    Architect May Be Negligent, But He's No Liar, Court Rules

    An intermediate Massachusetts appellate panel ruled Tuesday that a home contractor could not show an architect acted with deception or dishonesty when he repeatedly questioned the company's billing during a $2.5 million home renovation project.

  • February 27, 2024

    Calif. Law Firm Can't Shake Arbitration Award In Fees Dispute

    A California state appeals court has affirmed an arbitration award totaling more than $1 million in quantum meruit damages, outstanding contract awards, arbitration fees, expenses and interest for Golden State civil rights firm The Bloom Firm, two years after its partnership with a rival firm unraveled.

  • February 27, 2024

    Vape Supplier Asks 9th Circ. To Toss $892K Award

    A vape company that supplies products for use with cannabis is asking the Ninth Circuit to overturn a district court decision affirming an $892,000 arbitration award against it in a distributor's contract dispute, saying the district court ignored evidence of fraud.

  • February 27, 2024

    No Arbitration In Pa. Law Firm's Suit Against Web Developer

    The Pennsylvania Superior Court has ruled that a website design company's request for arbitration was properly denied in a law firm's breach of contract suit against it, reasoning that the company waived the right to arbitration by continuing to litigate the case.

  • February 27, 2024

    NJ Panel Rebuffs Patent Atty In Breakup Feud With Ex-Firm

    The efforts of a Garden State intellectual property lawyer to get additional compensation when he cashed out of a law firm partnership in 2019 were rebuffed Tuesday by a New Jersey appellate panel, which tossed his appeal but sent the question of $830,000 in attorney fees back to the trial court for reconsideration.

  • February 27, 2024

    Cybersecurity Firm Says Reseller Stiffed It To Pay Other Bills

    Cybersecurity firm Acronis Inc. is accusing a reseller of using the proceeds from the sale of its products to pay off other financial obligations and ignoring its $1.5 million debt to Acronis, according to a lawsuit filed Monday in Massachusetts state court.

  • February 26, 2024

    Google Judge Rips $700M Antitrust Deal: 'It's Not Great'

    A California federal judge lambasted a $700 million deal that consumers and state attorneys general struck with Google blocking antitrust claims related to Android apps and the Play Store for 127 million consumers for the next seven years, saying Monday he's "never granted prospective relief" and that plaintiffs "folded" with "four aces."

  • February 26, 2024

    'This Isn't A Game': Pro Se Ex-Law Student Schooled At Trial

    A California federal judge overseeing a disability discrimination trial brought by a former student at John F. Kennedy College of Law scolded the pro se litigant Monday after he protested not being able to cross-examine witnesses in writing, saying court rules had to be followed and "this isn't a game."

  • February 26, 2024

    Live Nation Can't Cancel Suit Over Eras Tour Sales Meltdown

    A California federal judge refused Friday to end a proposed securities class action alleging Live Nation made misleading statements about its operations when news of alleged anticompetitive practices with Ticketmaster caused stock prices to drop, finding the suit describes "a materially different state of affairs" than what Live Nation claimed.

  • February 26, 2024

    AmEx Fights To Arbitrate Merchant's Girardi-Linked Suit

    An attorney for American Express Co. urged a California federal judge on Monday to reconsider his tentative ruling declining to force a costume merchant to arbitrate malicious prosecution claims over charges disputed by Erika Girardi, saying the agreement in question applies to the merchant and not just his company.

  • February 26, 2024

    Sales Reps Score $1.6M In Fees After Beating RICO Case

    A federal judge in Los Angeles has ordered a biotech startup to pay more than $1.6 million in legal fees to two former employees, after the company failed to convince a jury that the pair broke racketeering laws when they worked for a rival that stole proprietary information when setting up shop.

  • February 26, 2024

    Intel Calls VLSI 'Desperate' In Fight Over License Defense

    Intel and VLSI are continuing to escalate their multivenue dispute over how to decide whether Intel already has a license to VLSI's patents, with the tech company telling the Federal Circuit the patent owner is "desperate to avoid" a California trial, and VLSI saying that trial "would be an enormous waste of party and judicial resources."

  • February 26, 2024

    KBR Urges 4th Circ. To OK $8M Award Against Kuwaiti Co.

    A global engineering corporation has asked the Fourth Circuit not to overturn a lower court decision enforcing an approximately $8 million arbitral award against a Kuwaiti construction company after a dispute over Iraqi wartime contracts, saying nothing warrants upending the award.

  • February 26, 2024

    11th Circ. Says Bankruptcy Fraud Threat Can't Tank Deal

    The Eleventh Circuit ruled Monday that coupon marketing agency Valpak's alleged threat to report a franchisee for bankruptcy fraud was not extortion and refused to set aside the settlement that ended the franchisee's suit accusing Valpak of wrongfully terminating their agreement.

  • February 26, 2024

    Ohio Jury Shuts Down Door Co.'s Patent Defense

    Federal jurors in Ohio found that the details in some drawings of "door skins" covered by a trio of design patents were somewhat inconsistent, but they were unpersuaded by a major door manufacturer to invalidate those patents just yet.

  • February 26, 2024

    Proud Boys' Attys Can't Escape IP Suit In DC

    A D.C. federal judge has denied a bid to throw out a copyright suit from a group of criminal defense attorneys who represented members of the Proud Boys involved in the insurrection of Jan. 6, 2021.

  • February 26, 2024

    Colo. Justices To Hear If Insurers Can Withhold Some Payouts

    The Colorado Supreme Court said Monday it will consider whether the state's insurance code allowed Geico, following unsuccessful settlement attempts, to refuse paying noneconomic damages to a policyholder for his underinsured motorist claim, given what Geico said is the "inherently subjective" nature of such damages.

  • February 26, 2024

    Bally Sports Parent Gets OK For $495M Settlement, $450M DIP

    A Houston bankruptcy judge on Monday approved a $495 million settlement and a $450 million debtor-in-possession financing package for Bally Sports Network's parent company, loading the bases for the broadcaster to file a Chapter 11 plan in the coming weeks.

  • February 26, 2024

    Timeshare Settlement Can't Stop Additional Consumer Suit

    A Washington marketing firm must face negligent misrepresentation and consumer protection claims over links to a timeshare-exit company, according to a Washington federal judge who ruled that a group of consumers seeking refunds are not barred from suing because of a settlement in another case.

  • February 26, 2024

    Two Indicted In $3.9M Fraudulent Business Email Scheme

    The U.S. Department of Justice has announced that a federal grand jury indicted two men for an email conspiracy that duped an asbestos abatement company and a shipping company into depositing about $3.9 million into their own bank accounts instead of the intended.

  • February 26, 2024

    Gartner, Hackett Settle Trade Secrets, Employee-Poaching Suit

    Consulting firm Gartner Inc. and its rival The Hackett Group Inc. have settled a trade secrets fight that saw each company accuse the other of unfair trade practices, according to a filing dismissing the case from Connecticut federal court.

Expert Analysis

  • Companies Should Beware Greater Scrutiny Of Subscriptions

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    The New York Attorney General's Office has been utilizing a severe interpretation of the law in enforcement against subscription services, as demonstrated in last month's Sirius XM complaint and Cerebral settlement — and this focus is representative of heightened subscription scrutiny in other states and at the federal level, say attorneys at Venable.

  • 5 Trade Secret Developments To Follow In 2024

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    Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • 3 Key Class Action Trends To Use As Guidance In 2024

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    Telephone Consumer Protection Act, privacy and false advertising class actions saw significant shifts last year — including a trend toward expanding the application of preexisting laws to current technologies — that businesses should keep in mind to navigate the class action landscape in 2024, say attorneys at Mintz.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • Wachtell-X Ruling Highlights Trend On Arbitrability Question

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    A growing body of case law, including a California state court's recent decision in X Corp. v. Wachtell, holds that incorporation of specific arbitral body rules in an arbitration provision may in and of itself constitute clear and unmistakable evidence of delegation of arbitrability to an arbitrator, and thus such clauses should be drafted carefully, say attorneys at Norton Rose.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • Trends That Tech Lawyers Should Keep An Eye On In 2024

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    Worldwide technology spending is projected to strengthen in 2024, spurred by artificial intelligence-driven solutions, and five areas of growth may affect lawyers' practice in this sector, says Sonia Baldia at Kilpatrick.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • A Look At Consumer Reporting In 2023, And What's To Come

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    The legal landscape of consumer reporting is evolving as courts, federal regulators and state legislatures continue to weigh in — and while last year may have seen a slight downtick in the overall volume of Fair Credit Reporting Act litigation, 2024 is set to be a watershed year for this area of the law, say attorneys at Troutman Pepper.

  • Opinion

    Noncompete Report Misinterpreted Critique Of FTC Proposal

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    A recent report on core questions surrounding the use of employee noncompete agreements published by the Economic Innovation Group misconstrues our stated views on the issue — and we stand behind our conclusion that the Federal Trade Commission made misrepresentations when proposing a rule to ban such provisions nationwide, say Erik Weibust and Stuart Gerson at Epstein Becker.

  • Calif. Banking Brief: All The Notable Legal Updates In Q4

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    As 2023 came to an end, we continued to see developments in California that are certain to have an impact on the financial services industry in 2024, including the California Department of Financial Protection and Innovation's request for comments on the state's new digital asset law and the state's continued enforcement actions against debt collectors, say Jennifer Olivestone and Juan Azel at Winston & Strawn.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Navigating Class Actions After Papa John's Settlement Denial

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    A Kentucky federal court's surprising denial of preliminary approval for a $5 million settlement in the Papa John's no-poach case may prove to be an outlier but suggests a class action settlement would only be approved when a plaintiff demonstrates that a litigation class would be certified, say attorneys at Robins Kaplan.

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