Commercial Contracts

  • January 06, 2025

    Biotech Trade Secrets Case Gets New Punitive Damages Trial

    A California federal judge has ordered a new punitive damages trial on how much a former Skye Orthobiologics LLC employee owes in a case where he was found to have breached his fiduciary duties by leveraging Skye's proprietary information, after ruling last year there wasn't enough evidence to support an earlier $25 million award.

  • January 06, 2025

    Another Building Contractor Agrees To End No-Hire Pacts

    The Federal Trade Commission said Monday that Planned Building Services has agreed not to enforce terms in its contracts that prevent building owners from hiring the service contractor's workers, in a second recent case targeting the building services industry.

  • January 06, 2025

    Verizon Seeks $1.15M Legal Fee After Texas Land Dispute

    Verizon's real estate unit asked a Delaware vice chancellor to approve a $1.15 million attorney fee request for beating a Connecticut real estate investment firm's breach of contract suit, rejecting the losing side's call for offsets covering fees that Verizon said were never incurred.

  • January 06, 2025

    Nasdaq Gets SPAC Investor's Racial Bias Claims Tossed

    A federal judge decided Monday to toss a suit from an investor in a minority-led special purpose acquisition company claiming the Nasdaq Stock Market participated in race-based discrimination against investors, saying the plaintiff fails to allege that its injuries were a direct result of Nasdaq's actions.

  • January 06, 2025

    Mich. Residents Say Solar Investors Can't Arbitrate Fraud Suit

    Michigan residents who allege Florida investment firms funded a company that duped them into buying defective solar panels have urged a federal judge to deny the firms' bid to arbitrate or dismiss the claims, saying the court has already rejected the investors' arguments.

  • January 06, 2025

    Prepared Foods Co. Accused Of Duping CEO With Stock Plan

    The former CEO of the American arm of a U.K.-based food manufacturer says the company deluded him with misleading promises about stock options during the recruitment process to get him to join and then refused to pony up the shares when he left.

  • January 06, 2025

    Chamberlain Hrdlicka Says $700K Award Ignores Civil Rule

    Chamberlain Hrdlicka White Williams & Aughtry is asking the Texas Supreme Court to review a $700,000 judgment in favor of a cost-cutting consulting firm, arguing the lower court failed to follow a procedural rule requiring specificity in directed verdict motions.

  • January 06, 2025

    Cosmetic Laser School's Certificates 'Worthless,' Suit Says

    A proposed class of cosmetic laser students has hit National Laser Institute LLC and CEO Louis "the Laser Guy" Silberman with a federal fraud complaint claiming the certifications they received based on promises of immediate career entry and earning potential are actually "worthless" because Illinois doesn't recognize the practice of medical esthetics.

  • January 06, 2025

    Seacrest Oil Co. Launches $71M Arbitration Against Petrobras

    Oil and gas production company Seacrest Petroleo said Monday that two subsidiaries have initiated arbitration proceedings against Petrobras, seeking compensation for the Brazilian state-owned oil company's failure to complete pipeline repair work.

  • January 06, 2025

    Toolmaker's Batteries Are Fire-Prone, Class Claims

    The company behind SKIL power tools has been hit with a proposed consumer fraud class action targeting a recently recalled lithium-ion battery an Illinois customer says can catch fire, hurting people and damaging their property.

  • January 06, 2025

    Pashman Stein Avoids Atty's Claims, Rips Threat Accusation

    Pashman Stein Walder Hayden PC has defeated an attempt from an attorney and former client to countersue it for breach of contract in New Jersey state litigation from the firm over unpaid fees, accusing the lawyer of a "flagrant attempt to manipulate the judicial process."

  • January 06, 2025

    Robot Lawn Mower Cos. End Their Contract Fight In NC

    A pair of robot lawn mower companies that have been fighting over the aftermath of their prior partnership have come together to tell North Carolina's business court that they are ready to drop their dispute following an earlier motion that stated they had agreed to a settlement.

  • January 06, 2025

    Space Biz Accused Of Gov't Satellite Contract Bait-And-Switch

    A subcontractor hit a Colorado space company with a $17.2 million breach of contract lawsuit in federal court Saturday, accusing Sierra Space of adopting a bait-and-switch strategy in which it dragged out subcontracting negotiations in order to win a lucrative federal satellite contract and then awarded the business to a rival subcontractor.

  • January 06, 2025

    National Court Reporters Association Hit With Antitrust Suit

    The National Court Reporters Association exploits its monopoly in the stenographic certification market to charge its members inflated and unnecessary membership dues and keep potential competitors out of the market, according to a new antitrust lawsuit in New Jersey federal court.

  • January 06, 2025

    2nd Circ. Says Argent Can't Force ESOP Suit To Arbitration

    The Second Circuit knocked down Argent Trust Co.'s bid to arbitrate a case alleging the wealth management company sold inflated shares to a barbecue chain's employee stock ownership plan, after ruling in a similar case that identical arbitration contract language wasn't enforceable.

  • January 06, 2025

    US Wants More Time To Counter Altria's $106M Tax Refund Bid

    Tobacco giant Altria's complaint seeking a $106 million tax refund related to its interests in beverage company Anheuser-Busch requires more research to counter in the event a Virginia federal court decides it can move forward, the U.S. government said in requesting time for potential discovery.

  • January 06, 2025

    Disney Buy Ends Fubo Sports Streaming Suit

    Disney and Fubo announced a deal Monday morning to combine the streaming startup with Disney's Hulu + Live TV business, in an agreement that ends Fubo's lawsuit that had so far successfully challenged a three-way live sports streaming joint venture between Disney's ESPN, Fox and Warner Bros. Discovery.

  • January 03, 2025

    Vizgen Loses Antitrust Claims Against 10x In Biotech IP Fight

    A Delaware federal court on Friday dropped Harvard's business partners at 10x Genomics Inc. out of some of the antitrust counterclaims by a rival biotech developer that is targeted in a patent lawsuit set for trial next month.

  • January 03, 2025

    Netgear, Huawei Settle Calif. RICO Suit Over Wi-Fi SEPs

    Netgear and Huawei informed a California federal judge Friday that they have resolved their racketeering dispute and asked for a 30-day stay to finalize their deal, weeks after Netgear sought to block Huawei from seeking injunctions through patent actions pending in foreign courts and a German court found Netgear infringed Huawei's Wi-Fi patents.

  • January 03, 2025

    FTC Fines AI Software Co. $1M Over Web Accessibility Claims

    Software maker accessiBe will pay the Federal Trade Commission $1 million to settle the agency's allegations that the company misrepresented how its artificial intelligence-powered tool could make websites compliant with international guidelines for disability accessibility, the FTC announced Friday.

  • January 03, 2025

    Del. Court Rules Against Insurers In Harman 'Bump-Up' Case

    In a closely watched ruling on director and officer insurer denials of mergers and acquisitions cost "bump-up" payouts, a Delaware judge sided on Friday with Harman International Industries' claims that insurance providers unjustifiably denied coverage for a $28 million settlement of challenges to Harman's 2017 merger with Samsung Electronics America Inc.

  • January 03, 2025

    Fund Manager Says Broker-Dealer's Retaliation Led To Losses

    Financial services company Leader Capital Corp. has sued a broker-dealer and a marketing services company for allegedly making false and misleading representations to investors about Leader Capital's compliance with securities laws, causing at least $3.5 million in damage after the investors withdrew funds.

  • January 03, 2025

    Enforcement Of $146M Chilean Hospital Award Sought In Conn.

    A Chilean construction company has kicked off new litigation in Connecticut looking to enforce a $146.5 million arbitral award against Italian construction giant Webuild, several months after a Delaware judge nixed the company's initial enforcement suit on jurisdictional grounds.

  • January 03, 2025

    Booz Allen To Pay $15.8M To Settle False Claims Case

    Booz Allen Hamilton struck a $15.8 million settlement with the federal government Friday, resolving claims a subsidiary submitted false claims under a contract meant to supply computer military training simulators to the U.S. Department of Defense.

  • January 03, 2025

    Orchard Settles 'Criminal Enterprise' Defamation Suit

    The former part-owner of a Michigan orchard and the orchard's holding company have settled claims that the ex-partner defamed the company and caused a loss of business by logging into its Google business account and calling it a "criminal enterprise."

Expert Analysis

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Leveling Up IP Protections For Video Game Icons' Film Debuts

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    Video game creators venturing into new realms of entertainment that include their iconic characters, such as television and film adaptations, should take specific steps to strengthen their intellectual property rights, say Joshua Weigensberg and Parmida Enkeshafi at Pryor Cashman.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Mitigating Risks Amid 10-Year Sanctions Enforcement Window

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    In response to recent legislation, which doubles the statute of limitations for actions related to certain U.S. sanctions and provides regulators greater opportunity to investigate possible violations, companies should take specific steps to account for the increased civil and criminal enforcement risk, say attorneys at Freshfields.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • Keys To Strong Parking, Storage Contracts For NYC Buildings

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    Drafting and enforcing unambiguous parking and storage unit license agreements are essential tasks for co-op and condo boards in New York City, with recent cases highlighting how prudent terms can minimize potential headaches, say Matthew Eiben and Adam Lindenbaum at Rosenberg & Estis.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Series

    After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy

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    While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.

  • Expect The Unexpected: Contracts For Underground Projects

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    Recent challenges encountered by the Mountain Valley Pipeline project underscore the importance of drafting contracts for underground construction to account for unexpected site conditions, associated risks and compliance with applicable laws, say Jill Jaffe and Brenda Lin at Nossaman.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Anticipating Disputes In Small Biz Partnerships And LLCs

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    In light of persistently high failures of small business partnerships and limited liability companies, mediator Frank Burke discusses proactive strategies for protecting and defining business rights and responsibilities, as well as reactive measures for owners.

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