Commercial Contracts

  • February 08, 2024

    GolfNow And NBC Hit With Class Action Over Data Sharing

    GolfPass subscribers have hit GolfNow LLC and NBC Universal Media with a proposed class action claiming the companies collect and share consumers' personally identifiable information with Meta without their consent.

  • February 08, 2024

    Leveraged Finance Partner Duo Joins DLA Piper In NY

    DLA Piper announced that it hired a pair of experienced New York-based attorneys from Shearman & Sterling LLP as partners in its leveraged finance practice group.

  • February 08, 2024

    Insurer Improperly Settled Shooting Claims, Court Told

    A Seattle-based housing provider said its primary insurer improperly tendered policy limits to settle two underlying claims alleging the provider was liable for deadly shootings near its apartment buildings in Georgia, telling a Washington state court that its insurer's actions have diluted its coverage for other claims.

  • February 08, 2024

    NY Judge Scolds Trump Attys For Response To Perjury Query

    The New York state judge overseeing Donald Trump's civil fraud trial on Thursday chastised defense attorneys for their "misleading" response to his demands for information about reports of possible perjury by defendant and key trial witness Allen Weisselberg.

  • February 07, 2024

    Supplier Says 'Eleventh-Hour' Lockheed Claim Doesn't Belong

    A titanium parts supplier has told a Texas federal judge that it's too late for Lockheed Martin Corp. to add a claim to its lawsuit seeking to force the supplier to deliver F-35 parts, saying the defense giant was merely strategizing.

  • February 07, 2024

    Longford Argues Patent Settlement Row Must Be Arbitrated

    Litigation funder Longford Capital has asked a Delaware federal court to send its dispute over a settlement with Arigna Technology Ltd. to arbitration, saying the arbitration agreement between the two parties is valid despite the Irish patent holding company's claims otherwise.

  • February 07, 2024

    ​​​​​​​Full Del. High Court Asked To Revive $1.2B Crypto Merger

    Cryptocurrency wallet provider BitGo deserves the chance to go to trial with digital assets firm Galaxy Digital over their broken $1.2 billion merger because the dispute involves complex questions of administrative, agency and securities laws, as well as regulatory guidance, BitGo told Delaware's highest court Wednesday.

  • February 07, 2024

    NGL Deal Adviser Urges Del. Justices To Uphold $36M Verdict

    An attorney for LCT Capital told Delaware's Supreme Court on Wednesday that a $36 million Delaware jury verdict favoring the institutional broker-adviser in a merger services dispute with NGL Energy Partners should carry "enormous" weight on its second appeal despite client protests.

  • February 07, 2024

    Trump Trial Judge Gets Little Info On Exec's Alleged Perjury

    An attorney for Donald Trump and his companies' former chief financial officer Allen Weisselberg told the New York state judge presiding over their civil fraud trial Wednesday that she could not respond to "unsubstantiated" reports that the ex-CFO was in plea negotiations for allegedly lying on the stand, citing her ethical obligations.

  • February 07, 2024

    Pratt & Whitney Docs Shielded From Airline's $30M Suit

    RTX Corp. subsidiary Pratt & Whitney won't be forced to hand over internal sales documents and communications as part of a $30 million feud between a competing airplane maintenance contractor and a British Airways affiliate that is playing out in an Illinois court, a Connecticut federal judge has ruled.

  • February 07, 2024

    Matterport Stockholders Say Officials Wrongly Cashed $225M

    Shareholders of 3D model maker Matterport Inc. accused top company officials in Delaware Chancery Court of self-dealing by paying themselves performance rewards following a 2021 merger, even though the company hadn't met benchmarks to allow them to cash out $225 million in shares.

  • February 07, 2024

    No Defense Owed For $500K Defects Dispute, Insurer Says

    A GBLI Global Indemnity unit does not owe coverage to a general contractor and subcontractor in connection with a Clearwater, Florida-area couple's bid for more than $500,000 in damages for construction defects, the insurer has told a Florida federal court.

  • February 07, 2024

    Edward Jones Worker Says Race Quota Concern Led To Firing

    Edward Jones pushed out a Black marketing employee after he raised concerns that the company used illegal race quotas that favored white men in a quiz used to connect customers with financial advisers, according to a suit filed in New York federal court.

  • February 07, 2024

    FTC Says Layoff Shows Microsoft Will Control Activision

    The Federal Trade Commission, which is appealing a district court's refusal to block the $68.7 billion acquisition of Activision Blizzard, told the Ninth Circuit on Wednesday that a plan to lay off 1,900 video game workers undercuts assertions of an independent post-deal Activision.

  • February 07, 2024

    Forbes Distributor Says Mexican Court Order Must Stand

    A distributor of Forbes magazine in Latin America is urging a New York court to nix the media company's bid to overturn a Mexican court injunction barring it from terminating their deal while the companies arbitrate a renewal dispute, saying the request is improper.

  • February 07, 2024

    Del. Justices Uphold Clovis Holdings Cash-Drain Claims

    The Delaware Supreme Court on Wednesday upheld, without elaboration, a Chancery Court award of nearly $7.8 million in damages, fees and prejudgment interest to the sole investor in a stone powder-based paper investment venture that was allegedly drained of cash by insiders.

  • February 07, 2024

    Ward & Smith Nabs $170K Fee In NC Trade Secrets Fight

    North Carolina's business court awarded Ward & Smith PA nearly $170,000 in fees for representing medical equipment providers in a trade secrets fight, finding its attorneys' rates were reasonable but shaving about $20,000 off their original request for lumping hours together on timesheets.

  • February 08, 2024

    CORRECTED: Atty Stuck With Sanctions In Trade Secrets Feud

    A California federal judge has hit a CDF Labor Law LLP attorney with sanctions after finding that he recklessly questioned a former Individual Food Service employee about approaching the company's CEO concerning a settlement despite objections to entering text messages to the CEO into evidence, but determined she would hold off on deciding the amount until later in the case.

  • February 07, 2024

    Manatt Sued For Allegedly Botching $31M Dealership Row

    The owner of a Los Angeles car dealership has filed suit in California state court against Manatt Phelps & Phillips LLP, accusing the firm of legal malpractice that ultimately cost him a $31 million judgment stemming from a business dispute.

  • February 07, 2024

    UC Beats Suit Over SF Law School Name Change

    A San Francisco judge tossed all claims in a lawsuit challenging the name change of the University of California, Hastings College of the Law to the University of California College of the Law, San Francisco.

  • February 07, 2024

    NBA, McCarter & English Roped Into Voyager Crypto Fight

    The fallout from the collapse of Voyager Digital Holdings Inc. has widened as investors in the bankrupt cryptocurrency exchange filed a proposed class action against the NBA and the law firm McCarter & English for their roles in boosting the company before its implosion.

  • February 06, 2024

    Snoop Dogg Says Post, Walmart Sabotaged Cereal Brand

    Business partners Snoop Dogg and Master P claim Post Foods LLC worked with Walmart to prevent sales of "Snoop Cereal," despite signing a profit-sharing agreement to place the rappers' product on shelves next to Post's well-known cereal brands, according to a lawsuit filed Tuesday in Minnesota state court.

  • February 06, 2024

    1st Circ. Appears Unlikely To Deflate Balloon Fraud Verdict

    A defunct Massachusetts air balloon company on Tuesday struggled to persuade the First Circuit to throw out a fraud verdict by arguing that the jury had "rubber-stamped" a judge's damages estimate.

  • February 06, 2024

    Nestle Ducks Baby Formula Antitrust Suit, But Not Gerber

    A New York federal judge on Tuesday cut Switzerland-based Nestle loose from a baby formula packager's antitrust suit alleging Gerber breached a contract and cut an anti-competitive agreement with Perrigo to stave off competition in major retail stores, but ruled that Perrigo and Gerber will have to continue fighting the claims.

  • February 06, 2024

    Church Of Scientology Fights Uphill To End Leah Remini Suit

    A California judge indicated Tuesday that he'll trim some claims from actress Leah Remini's lawsuit alleging the Church of Scientology organized a campaign of harassment, but suggested he'd preserve other key claims and criticized a Scientology unit's efforts to avoid the religion's leader being served.

Expert Analysis

  • Rethinking Tech Contract Terms For Governance Of AI Use

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    Traditional considerations in technology deals are often inadequate for governing artificial intelligence use, which means lawyers should revisit and reimagine existing terms across the full spectrum of relevant contracts, ranging from procurement agreements and data licenses to customer agreements, say Marina Aronchik and Samuel Hartman at Mayer Brown.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Best Practices For Defense Tech Startup Financing

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    Navigating the expanding and highly regulated defense technology sector requires careful planning and execution, starting at incorporation, so startups should prepare for foreign investor issues, choose their funding wisely and manage their funds carefully, say attorneys at WilmerHale.

  • Questions Linger Over Texas Business Court's Jurisdiction

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    If parties to a case in Texas' new business court do not agree on whether the court has supplemental jurisdiction over their claims, then those claims may proceed concurrently in another court — creating significant challenges for litigants, and raising questions that have yet to be answered, says Ryan Sullivan at Reichman Jorgensen.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Harvard's Broker Fight Shows Active Risk Management Is Key

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    Harvard University’s recently filed suit against its insurance broker for alleged malpractice in handling the Students for Fair Admissions claim illustrates that risk management requires the concerted effort of policyholders, brokers and insurers to protect against disastrous losses, say William McMichael and David Klein at Pillsbury.

  • Transparency And Explainability Are Critical To AI Compliance

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    Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.

  • What Texas Business Court Could Mean For Oil, Gas Cases

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    While the new business court in Texas might seem an ideal venue for the numerous oil and gas disputes litigated in that state, many of these cases may remain outside its reach under the rules governing the court's jurisdiction — at least for now, say Conrad Hester and Emily Fitzgerald at Alston & Bird.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • SEC Fines Mean Cos. Should Review Anti-Whistleblower Docs

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    The Securities and Exchange Commission’s expanding focus on violations of whistleblower protection laws — as seen in recent settlements where company contracts forbade workers from reporting securities misconduct — means companies should review their employment and separation agreements for language that may discourage reporting, says Caroline Henry at Maynard Nexsen.

  • Sellers Seeking Best Deal Should Focus On Terms And Price

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    Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Del. Dispatch: Refining M&A Terms After Twitter Investor Suit

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    The Delaware Court of Chancery's recent decision in Crispo v. Musk — invalidating a merger agreement provision that has been commonly used to disincentivize buyers from wrongful merger termination — should cause target companies to consider new approaches to ensure the payment of lost premium damages, say attorneys at Fried Frank.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

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