Commercial Contracts

  • October 10, 2024

    Quinn Emanuel Adds Of Counsel Atty, 6 Associates In Miami

    Quinn Emanuel Urquhart & Sullivan LLP's 3-year old Miami office has just surpassed the 20-lawyer mark with the addition of seven attorneys in the past two months.

  • October 09, 2024

    'Legend' Distributor Tried 'Shell Game' To Duck Bill, Judge Told

    French film company StudioCanal's attorney said Wednesday during opening statements of a California bench trial that companies associated with Cross Creek Pictures and its cofounder played a "shell game" by fraudulently avoiding paying millions owed for the North American distribution rights to the 2015 film "Legend."

  • October 09, 2024

    $140M Chilean Hospital Award Fight Is Paused In Canada

    A Canadian judge has paused a Chilean construction company's bid to enforce a $140 million arbitral award arising from a soured hospital construction project against Webuild while an Italian court determines whether the construction giant is obligated to pay.

  • October 09, 2024

    Amid Copyright Suit, Authors Guild Eyes Licensing To AI Cos.

    The rise of generative artificial intelligence has led to a tsunami of copyright lawsuits by authors alleging OpenAI and other tech companies are ripping off their works, but on Wednesday the nation's largest professional organization for writers announced a new plan of attack: Help writers license their works to AI companies.

  • October 09, 2024

    Chancery Keeps $5B Md. Data Center Project Fight In Del.

    A court battle over control and management of early work on a potential $5 billion data complex in western Maryland will remain in the First State despite a marginally earlier-filed suit in Texas' new business court, a Delaware vice chancellor ruled late Wednesday.

  • October 09, 2024

    Hedge Fund Agrees To Drop Spoofing Claims Against TD Bank

    Broker-dealer affiliates of TD Bank will no longer face a hedge fund's claims that they manipulated markets by placing trade orders they never intended to fulfill, the parties told a Manhattan federal judge.

  • October 09, 2024

    Court Affirms Waste Management Win In 'Titans Of Trash' Spat

    A Florida appeals court on Wednesday affirmed a win for Waste Management Inc. of Florida Inc. in a dispute with Bergeron Environmental and Recycling LLC over a joint venture to provide municipal trash pickup services and said the agreement's jury trial waiver was valid.

  • October 09, 2024

    Atlanta Braves Pitch Dismissal Or Transfer Of Defamation Suit

    The Atlanta Braves urged a Texas federal judge to dismiss or transfer a defamation lawsuit filed by an auction house alleging the team purposely maligned its image by leaking false claims to the media that the auctioneer was selling memorabilia to which it had no rights.

  • October 09, 2024

    'Sophie's Choice' Theatrical Rights Deal Long Over, Court Told

    The 95-year-old widow of "Sophie's Choice" author William Styron urged a judge on Wednesday to dismiss a lawsuit alleging that she broke a deal for the theatrical rights to the 1979 novel, saying the agreement signed between the playwright plaintiff and her late husband in 2005 and several later agreements expired more than five years ago.

  • October 09, 2024

    Del. Justices Told Noncompete Toss Will Upend State Doctrine

    An attorney for an Illinois-based auto parts company urged Delaware's Supreme Court on Wednesday to clarify recent court precedent on employee "forfeiture-for-competition" agreements, saying a federal court strike-down of the company's forfeit action against a former manager would be "anathema" to Delaware's "contractarian doctrine and tradition" if upheld.

  • October 09, 2024

    Singapore Liquidator Seeks Recognition For Overseas Case

    The liquidator of a bankrupt Singapore company has told a New Jersey bankruptcy judge he needs to act to stop one of the company's creditors from using a U.S. lawsuit to undermine court proceedings in Singapore.

  • October 09, 2024

    Kohl's Sued After Vendor Hack Leaks 1.9M Customers Files

    Kohl's department store customers hit the retail giant on Wednesday with a putative breach of implied contract class action in Pennsylvania federal court alleging the store failed to protect data from 1.9 million customers from a hack targeting a contractor the retailer uses for debt collection.

  • October 09, 2024

    Payment Processor Accuses Pot Biz Of Ending Contract Early

    A Florida-based payment processor accused a cannabis merchant of ending a three-year contract early and blowing off requests for an agreed-upon termination fee, putting the processor out nearly $320,000.

  • October 09, 2024

    Toll Bros. Blames Subcontractors For Senior Housing Flaws

    As several entities of the construction firm Toll Brothers face contract breach claims over alleged defects in a Connecticut senior community, the defendants have filed a third-party complaint against four subcontractors that they claim are actually responsible for poor work and any damages.

  • October 09, 2024

    Locke Lord Slams 'Unsustainable' Take On Jurisdiction Issue

    Locke Lord LLP urged a New Jersey appellate panel Wednesday to reverse a trial court's finding that it is subject to Garden State courts in a malpractice suit over an allegedly botched deal involving a North Dakota oil refinery project, arguing personal jurisdiction can't be obtained through personal service on a firm partner not involved in the litigation.

  • October 09, 2024

    Colo. Firm Seeks Bigger Cut Of Atty Fees From Competitor

    A Colorado personal injury firm has told a state federal court it deserves a bigger cut of attorney fees than its successor firm in a $1.5 million tort settlement because the client's attorney, who left to work at another firm, did most of the work on the case while under her previous firm.

  • October 09, 2024

    Morgan & Morgan Wins Bid To Arbitrate Malpractice Claims

    A Georgia federal judge on Wednesday granted Morgan & Morgan PA's bid to compel arbitration of a former client's legal malpractice claims, ruling that the state's justices have already rejected his argument that arbitration clauses between attorneys and clients should be unenforceable.

  • October 09, 2024

    Ousted AI Engineer Took Trade Secrets, Auto Service Co. Says

    A software engineer who was fired from auto services company Agero after just three months took hundreds of confidential files and other materials, according to a suit filed on Wednesday in Massachusetts state court.

  • October 08, 2024

    Genting Unit Used Bahamas Resort To Hide Fraud, Suit Says

    A Bahamanian real estate development company on Monday sued a U.S. company organized under destination resorts and casino giant Genting Group, saying in a Florida federal complaint that the Genting company used a resorts in the Bahamas as a "financial wasteland" that obscured fraudulent activities.

  • October 08, 2024

    Del. Justices Revive Margolis Edelstein Malpractice Suit

    The full Delaware Supreme Court on Tuesday revived GMG Insurance Agency's malpractice suit claiming Margolis Edelstein's incompetence caused the insurer to have to settle a case for $1.2 million, saying there are still disputed facts about whether the law firm's representation fell below the requisite standards.

  • October 08, 2024

    Vince McMahon Accuser Wants Freedom To Air 'Toxic' Culture

    A woman accusing former World Wrestling Entertainment Inc. executive chair Vince McMahon in Connecticut federal court of pressuring her into performing sex acts in exchange for an entry-level job has asked both McMahon and the company to voluntarily waive nondisclosure agreements, saying she and other accusers could help reform WWE's "toxic and sexualized culture."

  • October 08, 2024

    TMX Unit Can't Sue In Texas To Void $52M Pa. Fine, Court Told

    The secretary of the Pennsylvania Department of Banking and Securities has urged a Texas federal judge to toss a suit from an affiliate of consumer lending company TMX Finance, challenging an order from the department seeking more than $52 million in civil penalties over claims tied to loan agreements that allegedly carry interest rates up to 720%.

  • October 08, 2024

    Jackson, Kagan Target Loper Bright In Ghost Gun Case

    U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?

  • October 08, 2024

    FuboTV Rips Fox Attempt To Transfer Sports Streaming Fight

    Fox wants the New York federal judge overseeing the lawsuit accusing it, ESPN and Warner Bros. of trying to run a rival out of business with a joint sports streaming venture to lop off the claims against it and ship them to California, but plaintiff FuboTV says Fox is trying to "forum shop mid-case."

  • October 08, 2024

    Underwriter Says Freight Co. Not Covered For Missing Cargo

    An underwriter urged a Washington federal court to relieve it of any coverage obligations it may owe under a commercial auto policy to a freight company that is potentially on the hook for over $580,000 after a cargo broker claimed that a shipment of computer parts wasn't delivered.

Expert Analysis

  • 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.

  • Opinion

    FTC's Report Criticizing Drug Middlemen Is Flawed

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    The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Del. Dispatch: Cautionary Tales Of 2 Earnout Effort Breaches

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    The Delaware Court of Chancery's tendency to interpret earnout provisions precisely as written, highlighted in two September rulings that found buyers breached their shareholder obligations when they failed to make reasonable efforts to hit certain product development milestones, demonstrates the paramount importance of precisely wording these agreements, say attorneys at Fried Frank.

  • Managing Sanctions Defense Across Multiple Jurisdictions

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    Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.

  • How Cos. Can Protect Supply Chains During The Port Strike

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    With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out

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    Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Kubient Case Shows SEC's Willingness To Charge Directors

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    The U.S. Securities and Exchange Commission's recent fraud charges against Kubient's former CEO, chief financial officer and audit committee chair signal a willingness to be more aggressive against officers and directors, underscoring the need for companies to ensure that they have appropriate channels to gather, investigate and document employee concerns, say attorneys at Jenner & Block.

  • 3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim

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    The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.

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