Commercial Contracts

  • February 07, 2024

    CORRECTED: 9th Circ. Nixes Mexican Movie Co.'s Award Challenge

    The Ninth Circuit has agreed with a lower court's enforcement of an arbitral award against a Mexican motion picture distributor in a case involving a California film production company's right to distribute in Latin America the movie "Ava" starring Jessica Chastain. Correction: A previous version of this article's headline has been corrected.

  • February 06, 2024

    Mast Capital Snags $600M Construction Loan For Miami Tower

    Florida real estate development and investment firm Mast Capital said Tuesday it has secured a $600 million loan for the construction of Cipriani Residences Miami, a condominium tower to be built in the city's Brickell neighborhood.

  • February 06, 2024

    Siemens' $13.2M Verdict Upheld In Coal Equipment Dispute

    A Florida federal judge has upheld a $13.2 million award in favor of Siemens Energy Inc. after the Eleventh Circuit revived a dispute over coal gasification equipment, saying the company wasn't being unfair in its agreement with a Canadian oilfield services business.

  • February 06, 2024

    AI Image Co. Hit With $14.1M Verdict Over Lowball Buyout

    A California federal jury returned a $14.1 million verdict Monday in favor of investors alleging AI-imaging software company ArcSoft and its billionaire CEO duped them into selling their shares for less than they were worth by hiding information about the business's success, its move to China and its eventual IPO.

  • February 06, 2024

    10th Circ. Affirms $4.7M Stryker Loss, But Tosses Fee Award

    A Tenth Circuit panel said on Tuesday that medical device maker Stryker is not required to indemnify a Colorado distributor for the cost of winning a lawsuit against it, according to a ruling that upheld a $4.7 million judgment against Stryker but vacated a $2.3 million fee award.

  • February 06, 2024

    Building Supplier Says Canceled Contract Imperils $5.3M In Deals

    Despite a 12-year business relationship, a Connecticut-based construction supplier on Tuesday accused a Pennsylvania-headquartered waterproofing products producer in federal court of suddenly canceling a preferred distributor contract, leaving the supplier holding the bag on 21 ongoing projects, 39 open bids totaling $1.5 million, and outstanding quotes of $3.8 million.

  • February 06, 2024

    Nissan Can't Make Supplier Pay $25M Award, 6th Circ. Says

    Nissan can't offload onto a brake supplier a $25 million award stemming from a fatal car crash, the Sixth Circuit ruled Tuesday, saying the jury found the braking system "as a whole" to be defective and not just parts supplied to the automaker.

  • February 06, 2024

    Processor Underpaid Us On Tribal Accounts, Tech Co. Says

    A Las Vegas technology company is accusing a payment processor of neglecting an agreement to pay it a portion of interchange fees on merchant transactions, including thousands of dollars made from patrons of tribal hotels, casinos, shops and restaurants.

  • February 06, 2024

    Houston Firm Lied About Document Retention, Appraiser Says

    A state court judge on Tuesday agreed to extend the discovery period in a $115,000 contract dispute between an insurance appraiser and a Houston law firm but declined to rule on whether the office should be sanctioned over allegations that it lied about how long it retained client files.

  • February 06, 2024

    Toyota Sued For Fraud Over Maintenance Plan's Value

    Toyota allegedly deceived thousands of customers by falsely claiming its maintenance plan had a "superior value" to paying for each service individually, according to a proposed class action filed in California federal court Monday.

  • February 06, 2024

    Concert Organizer Sues HK Pop Star Over Nixed US Tour

    A popular entertainer from Hong Kong whose first North American tour was abruptly canceled last month is now facing a defamation and breach of contract lawsuit brought by a Boston-based events management company seeking more than $11 million in damages.

  • February 06, 2024

    Judge Says $1.4M Brokerage Employment Case Stays In Court

    Holding that an employment contract's FINRA arbitration provisions don't block state courts from considering prejudgment remedy requests, a Connecticut state court judge has agreed to proceed with a $1.4 million placeholder application against a former employee of a brokerage who is accused of siphoning business from the firm.

  • February 06, 2024

    Harvard Entitled To Withhold Diploma Amid Probe, Judge Says

    A Boston federal judge ruled Tuesday that Harvard University didn't violate its agreement with a former student when it withheld his degree as classmates leveled sexual misconduct accusations against him.

  • February 06, 2024

    Ideanomics Not On Hook For EV Unit's Parts Contract

    Ideanomics has escaped an automotive parts manufacturer's lawsuit for now, with a Michigan state judge saying Monday there was insufficient evidence it took on the debts of an electric-vehicle company it acquired last year.

  • February 06, 2024

    1st Circ. Not Eager To Unwind Colleges' COVID-19 Immunity

    The First Circuit appeared skeptical Tuesday of an effort to invalidate a new Massachusetts law that blocks suits by college students seeking refunds for tuition paid when schools transitioned to online learning during the beginning months of the pandemic.

  • February 06, 2024

    Wealth Co. Says Insurers Owe Coverage In Meth Suits

    A Seattle wealth management company told a Washington state court that its insurers have improperly withheld defense coverage for underlying suits alleging a trust beneficiary harmed his condominium neighbors by using and manufacturing meth.

  • February 06, 2024

    NY Judge Wants Info On Perjury Probe Of Trump Lieutenant

    A New York state judge weighing the evidence in Donald Trump's civil fraud trial demanded more information Tuesday about reports that a key trial witness, former Trump Organization Chief Financial Officer Allen Weisselberg, is facing perjury charges for his testimony in the case.

  • February 05, 2024

    Justices Urged To Turn Away $392M Arbitrator Bias Suit

    An oil company has urged the U.S. Supreme Court to deny a petition asking it to overturn the Second Circuit standard for vacating arbitral awards over apparent arbitrator bias, arguing that any differences in the federal appeals courts over the evident partiality standard are "academic."

  • February 05, 2024

    Fiat Chrysler Can't Arbitrate MDL Over Exploding Minivans

    Fiat Chrysler Automobiles can't arbitrate claims that its Pacifica plug-in hybrid vehicles have a defect that causes them to explode, after a Michigan federal judge said Monday that FCA "waited too long" and waived its right to arbitrate when it engaged in substantive litigation efforts, including filing a motion to dismiss.

  • February 05, 2024

    McDonald's Gets Anti-SLAPP Win In Allen's $100M Fraud Suit

    A McDonald's attorney on Monday praised a judge's order ending, on free speech grounds, Byron Allen's $100 million lawsuit alleging the fast food giant lied in pledges to spend more advertising money on Black-owned media, calling it a quick end to his "baseless claims of racism."

  • February 05, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's chancellor gave us 55 billion reasons to keep an eye on the First State in a case involving Tesla CEO Elon Musk's pay package, while the court of equity also took on cryptocurrency, artificial intelligence, space flight and country music.

  • February 05, 2024

    Hedge Fund Sues SPAC For Books On Failed Casino Deal

    A New York hedge fund on Monday sued a special purpose acquisition company for books and records related to a failed $2.6 billion deal to take a casino public in Manila, the Philippines.

  • February 05, 2024

    Byju's Lenders Want To Claw Back $533M Hedge Fund Pay

    The U.S. arm of Indian technology giant Byju's told a Delaware bankruptcy judge Monday the subsidiary will use its Chapter 11 case to try clawing back more than half a billion dollars transferred to a hedge fund that provided a pancake house as its address in regulatory filings.

  • February 05, 2024

    Caterpillar Gets Tweaks To Antitrust Suit Blocked

    A Delaware federal judge has refused to let a defunct construction equipment supplier add a new legal theory in its long-running antitrust case accusing Caterpillar of pressuring an online auctioneer to break its contract with a would-be competitor, finding no good cause to permit amendment years after the deadline.

  • February 05, 2024

    'No Surprises Act' Allows Fair Arbitration, Gov't Tells 5th Circ.

    A Fifth Circuit panel on Monday questioned the government's assertion that a rule limiting how arbitrators can settle disputes between insurers and providers would create guardrails, asking how the rule would create more predictable outcomes.

Expert Analysis

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Key Shifts In EU, UK Emissions Credits: Challenges For Cos.

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    An upcoming deadline to apply for free carbon dioxide emissions allowances in the European Union, and a reduction in the supply of similar allowances in the U.K., are likely to increase competition for allowances, and cause production, supply chain and contract issues for companies, say attorneys at Orrick.

  • Earnout Contract Considerations After NC Good Faith Ruling

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    The North Carolina Supreme Court's recent Value Health Solutions v. Pharmaceutical Research decision, holding the implied covenant of good faith and fair dealing did not apply in an earnout dispute related to an asset sale, demonstrates the need for practitioners to pay careful attention to milestone concepts in M&A transactions, says Benjamin Hicks at Wagner Hicks.

  • Takeaways From Iran Missile Procurement Advisory

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    Companies should familiarize themselves with the entities and practices highlighted in the recent multiagency Iran Ballistic Missile Procurement Advisory, to avoid falling prey to deceptive practices that help bad actors evade sanctions, say attorneys at DLA Piper.

  • 7 NIL Considerations For Brand Deals With Student-Athletes

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    While the constantly changing laws, rules and regulations for name, image and likeness in collegiate athletics are difficult to navigate, the benefits of a brand's successful NIL marketing campaign can outweigh the challenge of traversing this complex framework, say attorneys at Arnold & Porter.

  • M&A Ruling Buoys Loss Calculation Method, R&W Insurance

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    The recent Southern District of New York decision in Taylor Precision Products v. Larimer affirms the use of EBITDA as a basis to quantify loss, highlighting the potential shortcomings of a traditional seller indemnity compared to representation and warranty insurance, say Mark Schwartz at Lockton, and William O’Neil and Gretchen Scavo at Winston & Strawn.

  • How Justices Could Rule On A Key Copyright Statute

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    Attorneys at Manatt discuss how the U.S. Supreme Court may choose to address a fundamental accrual issue in Warner Chappell Music v. Nealy, which precedents the court may look to in analyzing the issue and the challenges copyright claimants may face going forward.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Issues That Can Arise When Tech Founders Leave CEO Role

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    More founders of venture-backed technology companies are transitioning out of the CEO role earlier than before, which can lead to unanticipated consequences if parties haven't carefully reviewed the company's certificate of incorporation, stockholders' agreements and the founder's employment agreement, say Alex Leibowitz and Megan Monson at Lowenstein Sandler.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Del. Dispatch: Lessons From Failed ETE-Williams Merger

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    Attorneys at Fried Frank delve into the Delaware Supreme Court's recent decision in Energy Transfer v. Williams to highlight the major monetary consequences of a failed merger, and show why merger agreement drafting and factual context are of utmost importance.

  • Get Ready For Calif.'s Expanded Restrictive Covenant Ban

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    California recently passed the second of two new laws that together largely prohibit restrictive covenants, even for certain out-of-state employers — and since there's not much time before the statutes become effective, now is the time for companies to revisit how their confidential information will be protected, says Russell Beck at Beck Reed.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • High Court Bakery Driver Case Could Limit Worker Arbitration

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    Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.

  • Diamond Sports Cases Shed Light On Executory Contracts

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    Recent Texas bankruptcy cases involving telecast fees payable by Diamond Sports to certain Major League Baseball teams provide a window into the dynamic relationship that can develop between debtors and counterparties under some executory contracts, say Joseph Badtke-Berkow and Robin Spigel at Allen & Overy.

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