Commercial Contracts

  • 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.

  • February 05, 2024

    Lowe's Drops Appeal After $1.5M Faulty-Roof Settlement

    Lowe's Home Centers and a Philadelphia woman will drop their appeals after reaching a $1.5 million settlement over claims that the company improperly denied warranty repairs after an affiliated contractor allegedly botched a $9,500 roof installation, court records showed.

  • February 05, 2024

    Jackson Hewitt To Settle No-Poach Suit Over Its Franchises

    Jackson Hewitt Inc. told a New Jersey federal court that it has reached a settlement in principle with its former workers who brought a proposed class action alleging that the company's franchisees entered into an anti-competitive no-poach agreement despite the firm's previous pledge to not have or enforce such arrangements.

  • February 05, 2024

    Insurer Owes $1.3M In Defects Row Defense Costs, Co. Says

    A Hartford unit owes a Chicago-area homebuilder more than $1.3 million in unpaid defense costs related to an underlying construction defect suit, the company told an Illinois federal court, claiming the insurer has refused to explain its coverage decisions.

  • February 05, 2024

    $4.5M Perkins Coie Crypto Settlement Gets Initial OK

    A $4.5 million settlement between Perkins Coie LLP and investors alleging it misappropriated $10 million in cryptocurrency has gotten an initial nod from a Washington federal judge.

  • February 05, 2024

    Amtrak Says Milk Hauler Is On The Hook For Colo. Derailment

    Amtrak is suing Dairy Farmers of America Inc. after one of its semi-trucks "loaded with milk" caused a derailment in northern Colorado, injuring a number of passengers and employees and causing property damage, according to a federal lawsuit.

  • February 05, 2024

    Reynolds, ITG Say Philip Morris Can't Butt In To Del. Dispute

    After arguing for seven years over which company owes hundreds of millions to Florida under a 1997 settlement, Reynolds Tobacco Co. and ITG Brands LLC agreed on one point at a hearing Monday in Delaware: Philip Morris USA has no business butting into their Chancery Court dispute.

  • February 05, 2024

    3rd Circ. Preview: Mail-In Ballot Case Headlines February

    Topping the list of Third Circuit arguments in February is a Pennsylvania case presenting the familiar issue of whether undated or misdated outer envelopes for mail-in ballots should count as valid votes.

  • February 05, 2024

    Fox Rothschild Adds Real Estate Vet In Miami Office

    Philadelphia-based firm Fox Rothschild LLP has welcomed a commercial real estate attorney with more than 20 years of experience to its Miami office, the firm announced Monday.

  • February 05, 2024

    NC Biz Court Nixes Expert In Blackbeard Ship Image Fight

    The North Carolina Business Court on Monday nixed an expert a state agency tapped to debunk a marine researcher's allegations over the value of images of Blackbeard's sunken ship, ruling that the expert isn't qualified to speak about the facts of the case.

  • February 05, 2024

    Expedia Must Face Bankrupt Swiss Rival's Antitrust Claims

    A federal court in Washington state has refused to toss claims that Expedia drove a competing hotel booking website out of business by using its control over Trivago to change the price comparison site's auction process for the placement of listings.

  • February 05, 2024

    WeWork Presses Landlords For Ch. 11 Lease Concessions

    Flexible office space provider WeWork Inc. pushed hard in court Monday against landlords that haven't engaged in lease concession negotiations in the company's Chapter 11 case, telling a New Jersey bankruptcy judge that without widespread support from its rental counterparties, the debtor's restructuring plans are dead.

  • February 05, 2024

    Chemical Co. Cut Off-Site Work From Pay, Ex-Worker Says

    A Pennsylvania chemical manufacturer and distributor underpaid its workers by leaving tasks off their paychecks that they completed away from assigned job sites and undercalculating overtime wages, an ex-worker alleged in a proposed class action filed in state court.

  • February 05, 2024

    McGlinchey Stafford Nabs Bankruptcy Veteran From PNC

    McGlinchey Stafford said it hired one of PNC Bank's senior legal counsel, a lawyer with more than 35 years of bankruptcy experience, to join its team in Cleveland.

  • February 04, 2024

    Lizzo Can't Sidestep Dancers' Sex ​​​​​​​Harassment Claims

    A California judge has tossed some claims from a lawsuit filed against singer Lizzo by some of her former dancers, but allowed others to move forward, including allegations of sexual harassment and racial discrimination, saying the case raises "difficult issues" regarding free speech protected as part of the creative process.

Expert Analysis

  • 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.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • How To Advertise Carbon Reductions Under New Calif. Law

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    As more companies advertise their efforts to reach the status of carbon neutral or net zero, California's recently enacted Voluntary Carbon Market Disclosures Act aims to force companies to more clearly disclose the basis for such claims — and there's not a lot of time to comply, say Gonzalo Mon and Katie Rogers at Kelley Drye.

  • Mass. Bill May Alter Deals Involving Both Goods And Services

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    Massachusetts' proposed H.B. 1112 would adopt several model Uniform Commercial Code amendments, including a new rule for hybrid transactions that could affect risk assessments made by lenders in determining whether to make loans that involve materials and equipment, especially in the context of construction projects, say attorneys at Barclay Damon.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Lessons On Arbitration Carveouts From Diddy-Diageo Suit

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    After Sean "Diddy" Combs brought a racial discrimination suit in New York state court against Diageo, the company has been unable to compel arbitration under its distribution agreement with Combs, underscoring the importance of narrowly tailoring arbitration carveouts for injunctive relief, says Rosanne Felicello at Felicello Law.

  • Calif. Right To Repair Law Highlights A Growing Movement

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    New legislation in California is a comprehensive victory for the "right to repair" movement — signaling that this push for legal reform represents a multifaceted challenge to the status quo not only on the consumer rights front, but also in the fields of copyright, software, antitrust and warranty law, says Courtney Sarnow at Culhane Meadows.

  • What Panama Canal Award Ruling Means For Int'l Arbitration

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    As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.

  • Hollywood Labor Negotiations Provide AI Road Map

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    Sigma Khan at Henein Hutchison uses the recent Hollywood labor strikes — one of the first instances of a mass entertainment industry legal conflict where concerns over artificial intelligence's intrusion into the workspace has become a crucial issue — to analyze how litigation, legislation and contracts can aid in a landscape transformation precipitated by AI.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • When And How Companies Should Build An AI Strategy

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    Once a company has decided to engage with artificial intelligence, there are myriad steps that need to be taken, beginning with the creation of an AI leadership team that has deep knowledge about the company's business risks and is highly respected by senior management, say Judith Rinearson and Corey Bieber at K&L Gates.

  • Opinion

    Forging A Fair Path For Standard-Essential Patents In India

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    The Delhi High Court's standard-essential patents decision in Intex v. Ericsson has the potential to derail important progress for India's technology industry, so Indian regulators and courts should be developing an SEP licensing ecosystem that inspires and protects innovation, say Brian Scarpelli and Priya Nair at ACT.

  • EPA Report A Reminder That Fuel Credits Are 'Buyer Beware'

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    A recent report from the U.S. Environmental Protection Agency's Office of Inspector General is a reminder that fraud risk in the renewable fuel identification number market remains, and that purchasers are ultimately responsible for ensuring the validity of credits they buy, say David McIndoe and Nick Hillman at Eversheds Sutherland.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

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