Commercial Contracts

  • November 26, 2024

    Affinity Bar Groups Decry Colo. No-Poach Restrictions

    Several attorney groups told Colorado's justices that barring lawyers from recruiting colleagues before officially leaving a firm would take away professional autonomy and harm lawyers from underrepresented backgrounds the most, filing briefs in support of a lawyer's challenge to her contract with a personal injury firm. 

  • November 26, 2024

    Jackson Hewitt Workers Get Final OK On $10.8M Settlement

    A federal judge granted final approval to a $10.8 million settlement between former Jackson Hewitt Inc. workers and the tax preparation firm over claims the company's franchisees entered into an anti-competitive no-poach agreement despite the provision being removed from the company's franchise agreements.

  • November 26, 2024

    Pac-12 Agreed To 'Poaching' Clause, Mountain West Insists

    The Pac-12 Conference "unconditionally" agreed to all of last year's scheduling agreement with the Mountain West Conference, including a multimillion-dollar "poaching penalty,'' Mountain West claimed in California federal court, pushing back at the Pac-12's argument that the fee for luring away five teams is illegal.

  • November 26, 2024

    CGL Carrier Seeks $1.2M In Inter-Insurer Injury Dispute

    A general liability insurer told a Michigan federal court that a professional liability insurer owes $1.2 million toward a $1.5 million settlement reached in an underlying lawsuit involving their mutual insured, a cardiovascular practice located in a Detroit hospital, arguing that the professional liability policy covered the claim.

  • November 26, 2024

    Law Firms' Tobacco Fee-Sharing Showdown Revived In Texas

    A split Texas appeals panel has remanded a dispute between an attorney and an ex-attorney over a fee-sharing agreement in tobacco litigation, finding that the contract was ambiguous and that a trial court was wrong to conclude otherwise.

  • November 26, 2024

    MLBPA, FanDuel Ink Licensing Deal After Settling Legal Spat

    The Major League Baseball Players Association, FanDuel and OneTeam Partners on Tuesday announced that they are teaming up on a product and marketing licensing agreement, a move that comes just weeks after FanDuel was dropped from an MLBPA lawsuit over the alleged use of players' photos to promote sports gambling.

  • November 26, 2024

    Newman's Own's Quick IP Win Bid Meets Skeptical Judge

    A Connecticut Superior Court judge on Tuesday appeared skeptical of Newman's Own Foundation's early win request in a licensing feud with two of late actor Paul Newman's daughters, criticizing the charity for using the wrong court proceeding to challenge the daughters' rights to sue while hinting a trial is likely needed.

  • November 26, 2024

    X Corp. Says InfoWars Social Media Accounts Can't Be Sold

    The parent company that owns X, the social media platform formerly known as Twitter, told a Texas bankruptcy judge that the Chapter 7 trustee in the case of right-wing conspiracy theorist Alex Jones can't sell X accounts tied to Jones and his InfoWars business because they are the property of the social media company.

  • November 26, 2024

    7th Circ. Says Insurer Must Defend $3.4M Faulty Work Row

    An architectural design firm's commercial general liability insurer must defend it and its owner against faulty work claims seeking more than $3.4 million in damages, the Seventh Circuit ruled, after the Illinois Supreme Court overturned prior appellate precedent siding with insurers in such disputes.

  • November 26, 2024

    Ropes & Gray Atty Is Kirkland's Latest Debt Finance Hire

    Kirkland & Ellis LLP announced the latest of several recent additions to its debt finance group on Monday, a Ropes & Gray LLP partner with a host of multibillion-dollar deals under his belt.

  • November 26, 2024

    Chemical Co. Demands Defense Coverage In PFAS Foam MDL

    Specialty chemical company Clariant Corp. is suing five of its insurers in the North Carolina Business Court seeking defense costs in a host of underlying mass tort lawsuits over forever chemicals found in firefighting foam products.

  • November 26, 2024

    DraftKings Wants Damages In NFLPA's Licensing Suit Axed

    DraftKings Inc. wants partially tossed a suit launched by the NFL Players Association alleging the sports betting giant failed to make good on a licensing agreement related to nonfungible tokens, saying that the players are not entitled to any damages but that as a threshold matter, the maximum potential damages should be capped.

  • November 25, 2024

    Drake Says UMG Paid To Boost Kendrick Lamar's Diss Track

    Universal Music Group conspired with Spotify to blast Kendrick Lamar's "Not Like Us" single to the top of the airwaves by using bots, pay-to-play agreements and other shady tactics at the expense of Drake and other artists, the Canadian rapper alleged Monday in a Manhattan court filing.

  • November 25, 2024

    Geico, Travelers To Pay NY $11.3M To Settle Data Security Row

    New York's financial services regulator and attorney general revealed Monday that they've hit Geico and Travelers with $11.3 million in penalties for the auto insurers' alleged failure to adequately secure driver's license numbers, birth dates and other personal information that was compromised as part of a hacking campaign targeting online rate quote tools.

  • November 25, 2024

    SEC Secured Historic $8.2B Enforcement Haul In 2024

    The U.S. Securities and Exchange Commission obtained $8.2 billion in civil penalties and disgorgement via successful enforcement actions in 2024, the highest amount in the history of the agency despite a significant decline in total enforcement actions, the SEC has announced. 

  • November 25, 2024

    Uber Negligence Case Can Be Arbitrated, NY High Court Says

    New York's highest court affirmed on Monday that a woman who was struck by a car upon exiting an Uber in Brooklyn must pursue her negligence claims in arbitration, after a divided panel upheld the rideshare company's "clickwrap" arbitration agreement.

  • November 25, 2024

    9th Circ. Won't Reverse Amber Heard's Loss In Coverage Suit

    The Ninth Circuit upheld an insurer's favorable ruling Monday in its legal dispute with actress Amber Heard, affirming that she had no right to independent counsel paid for by New York Marine and General Insurance Co. in a defamation suit by her ex-husband, Johnny Depp.

  • November 25, 2024

    Pitt Ordered To Disclose Docs Jolie Says Will Prove Abuse

    A California judge overseeing a dispute between Brad Pitt and Angelina Jolie over a multimillion-dollar French winery ruled Monday that Pitt must disclose documents and communications that Jolie says will prove he sought to cover up his domestic violence against her and their children.

  • November 25, 2024

    Gov't Defends EB-5 Rule That Hikes Up Petition Fees

    The U.S. Department of Homeland Security and its U.S. Citizenship and Immigration Services agency pushed for an early win in Texas federal court against a suit challenging increases for filing fees for petitions related to USCIS' EB-5 immigrant investor program.

  • November 25, 2024

    Credit Bureaus Freed From VantageScore Antitrust Suit

    An Illinois federal judge has ruled there is no evidence the three major credit bureaus conspired with the Fair Isaac Corporation to engage in a monopoly, reasoning there was no impetus for them to do so, but also found that credit score buyers sufficiently backed some of their antitrust claims against FICO. 

  • November 25, 2024

    Conn. Athlete Training Firm Ends Feud With Ohio Ex-Worker

    A Connecticut company that orchestrates military-style team-building events for corporations and university athletic teams on Monday settled a short-lived employment lawsuit with an Ohio man it had accused of attempting to poach or meddle with its collegiate accounts in at least seven states.

  • November 25, 2024

    Judge Bemoans 'Chaotic' Contracts In Jack Nicklaus IP Case

    The New York state judge presiding over golf legend Jack Nicklaus' intellectual property lawsuit on Monday signaled he may not be able to untangle a set of contradictory contracts, which could lead to a trial over who can use the "Golden Bear's" name and likeness.

  • November 25, 2024

    Colo. Judge Won't Keep SJSU Trans Athlete From Tournament

    A Colorado federal judge on Monday refused to prohibit a San Jose State University transgender volleyball athlete from competing, shutting down a bid from a group of female players in the sport hoping to secure a preliminary injunction against the Mountain West Conference.

  • November 25, 2024

    Hormone Therapy Co. Jilted Actress Over Image Use, Suit Says

    A commercial actress has accused a hormone treatment company and its affiliates of improperly using her image and likeness in promotional materials touting its therapies, telling a Texas state court the business "blatantly misappropriated" her personal brand.

  • November 25, 2024

    Construction Co. Seeks Coverage For $1.9M Email Spoof

    A construction company told an Alaska federal court that a Travelers unit acted in bad faith by refusing to provide directors and officers coverage for an email spoofing scheme that caused the company to wire roughly $1.9 million of a partner construction company's funds to an "imposter."

Expert Analysis

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Bristol-Myers Win Offers Lessons For Debt Security Holders

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    A New York federal judge's recent dismissal of a $6.4 billion lawsuit against Bristol-Myers Squibb, due to plaintiff UMB Bank's lack of standing, serves as an important reminder to debt security holders to obtain depositary proxies before pursuing litigation, say attorneys at Milbank.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • How To Avoid Risking Arbitration Award Confidentiality In NY

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    Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

  • Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'

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    A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Int'l Agreements Are Key For Safe Nuclear Waste Disposal

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    By replacing fossil fuels, nuclear energy has the potential to offer a major contribution to the global fight against climate change — but ensuring that nuclear power is safe and sustainable will require binding, multinational agreements for safe nuclear waste disposal, say Ryan Schermerhorn and Christopher Zahn at Marshall Gerstein.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

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