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Commercial Contracts
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January 06, 2025
Clemson, FSU Agreed To 'Sue And Be Sued' In NC, ACC Says
The Atlantic Coast Conference urged North Carolina's top court to allow its lawsuits over grant of rights contracts against Clemson and Florida State universities to stand, saying they can't be dismissed because the colleges agreed to "sue and be sued" as part of doing business in the Tar Heel State.
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January 06, 2025
Cos. Accused Of Misusing EB-5 Investor Funds
More than $80 million in EB-5 investor funds that were intended for a Brooklyn real estate project were misused to purchase shares in a related company, a suit claimed in New York federal court.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Arbitration Implications Of High Court Coinbase Ruling
The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.
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A Look At Calif. Contract Considerations In Fiji Water Ruling
A California appellate court's recent decision in Carolina Beverage v. Fiji Water, that a party may not seek contractual recovery on the basis of constructive termination, offers a look at contract construction and other considerations on negotiating distribution agreements, says Michael Laszlo at Clark Hill.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Practical Private Equity Lessons From 2 Delaware Deals
A pair of Delaware Chancery Court cases remind private equity sponsors that specificity is crucial through the lens of deal certainty, particularly around closing conditions and agreement sections of acquisition agreements, say Robert Rizzo and Larissa Lucas at Weil Gotshal and William Lafferty at Morris Nichols.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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How Uyghur Forced Labor Law Affects Importing Companies
Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.
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Revisiting Morals Clauses In The Age Of Deepfakes
Deepfakes and other forms of misrepresentation powered by artificial intelligence have complicated the traditional process of reputation management for companies entering into talent agreements with celebrities, bringing new considerations for the morals clauses that usually shield against these risks, say attorneys at Pryor Cashman.
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4 Tips For Drafting Earnouts To Avoid Disputes
Amid slowed merger and acquisition activity, buyers and sellers are increasingly turning to earnout provisions to get deals done, but these must be carefully drafted to avoid interpretative differences that can lead to later disputes, say attorneys at Cooley.
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Atmospheric Rivers: Force Majeure Or Just A Rainy Day?
As atmospheric rivers pummel California with intense rainfall, flooding and landslides, agencies and contractors in the state struggling to manage projects may invoke force majeure — but as with all construction risk issues, the terms of the agreement govern, and relief may not always be available, say Kyle Hamilton and Corey Boock at Nossaman.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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What 11th Circ. Fearless Fund Ruling Means For DEI In Courts
The Eleventh Circuit's recent backing of a freeze on the Fearless Fund's grants to women of color building new companies marks the latest major development in litigation related to diversity, equity and inclusion and may be used to question other DEI programs targeted at providing opportunities to certain classes of individuals, say attorneys at Simpson Thacher.
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Opinion
Paid Noncompetes Offer A Better Solution Than FTC's Ban
A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.