Commercial Contracts

  • February 21, 2024

    Tribes Say Oil Co. Must Face Tribal Court In $12M Award Fight

    Two Native American tribes have asked a Wyoming district court to block a bid by Merit Energy attempting to stop them from using their tribal judicial system to vacate a $12.6 million arbitration award, saying the company has not yet exhausted all tribal remedies.

  • February 21, 2024

    Supertramp's Ex-Drummer Says Royalty Deal Was For Good

    Supertramp's former drummer took the stand Wednesday in a breach of contract suit he and two other former band members brought against co-songwriter Roger Hodgson, telling a California federal jury that a 1977 agreement for all members to receive a piece of songwriting royalties was meant to be permanent.

  • February 21, 2024

    Fatal Crash Payout Flouts Insurance Law, NC Justices Told

    North Carolina Farm Bureau Mutual Insurance urged the state Supreme Court on Wednesday to undo a trial court's decision that it owes $50,000 to a policyholder whose car caused a fatal wreck, arguing that his liabilities didn't trigger underinsured motorist coverage.

  • February 21, 2024

    Justices Urged To Turn Away $285M Panama Canal Award Suit

    The operator of the Panama Canal on Tuesday urged the U.S. Supreme Court to turn away a case in which $285 million in arbitral awards are being challenged over an arbitrator's "evident partiality," saying close relationships between arbitrators are so "ubiquitous" in international arbitration that they are unremarkable.

  • February 21, 2024

    Mother Defeats Daughter's 'Que Sera, Sera' Royalties Suit

    A federal judge in Tennessee told the granddaughter of one of the Oscar-winning songwriters behind "Que Sera, Sera" on Wednesday that she should have simply said whatever will be, will be in a feud with her mother over splitting royalties that were already decided by a probate court over two decades ago.

  • February 21, 2024

    TD Bank Customers Seek OK On $32.2M Overdraft Fee Deal

    A class of TD Bank customers asked a New Jersey federal judge Wednesday for her preliminary approval of a $21.97 million deal over allegedly improper overdraft fees in debit card transactions, plus $10.25 million in reductions to outstanding balances for accounts that were closed with amounts due to the bank.

  • February 21, 2024

    Cannabis CEOs Wasted Wealthy Russian's Money, Suit Claims

    Two California businessmen who were given $145 million by a now dead Russian billionaire to begin cannabis growing operations in the state are accused of gross mismanagement and squandering his investment, according to a lawsuit filed in Los Angeles County court.

  • February 21, 2024

    Judges Doubt Surgery Center Co. Can Undo Contract Loss

    Colorado appellate judges were skeptical Wednesday that a surgery center company could unwind a jury's verdict that it breached a contract with a management services firm because jurors never heard that poor performance could justify canceling the deal, noting that the jury ultimately disagreed that the management company was at fault.

  • February 21, 2024

    Justices Offer Conflicting Clues In Copyright Damages Fight

    U.S. Supreme Court justices hearing a case over damages in copyright disputes gave conflicting hints Wednesday about where they stand on the discovery rule, a judicially created doctrine that allows claims to accrue when plaintiffs learn of alleged infringement.

  • February 21, 2024

    BIA Must Litigate Mont. Tribes' Trimmed Police Funding Suit

    A federal district judge partially dismissed claims in a lawsuit filed by two Montana tribes seeking to gain $3.8 million in additional police funding for their communities after they alleged the U.S. Department of the Interior kept their law enforcement budget at nearly the same level it was 25 years ago.

  • February 21, 2024

    ByteDance Can't Arbitrate Ex-Coder's Wrongful Firing Suit

    A California federal judge declined to send a former ByteDance Inc. engineer's wrongful termination suit to arbitration, writing in a ruling made public Tuesday that there are factual disputes over whether he signed employment agreements containing arbitration clauses, saying the matter should be resolved via a jury trial.

  • February 21, 2024

    Boeing Supplier Slams Investor Suit Over 737 Max Parts

    Spirit AeroSystems Holdings Inc. has asked a New York federal court to dump proposed class allegations that it misled investors by failing to disclose pervasive quality problems and a documented history of supplying its chief customer, Boeing, with defective plane parts.

  • February 21, 2024

    Pa. Justices Clarify Timing For Oil & Gas Accounting Claims

    The Pennsylvania Supreme Court on Wednesday said the statute of limitations for filing accounting claims related to oil and gas royalties is six years, definitively putting a time limit on such claims in a way that had not previously been spelled out.

  • February 21, 2024

    Twitter Severance Fight Paused To Facilitate Settlement Talks

    X Corp., the social media entity formerly known as Twitter, and a group of ex-employees have paused their dispute over severance compensation, as a Delaware federal court signed off Wednesday on a proposal to stay litigation deadlines pending settlement talks.

  • February 21, 2024

    NH Power Plant Can Reject Electric Purchase Deal In Ch. 11

    Bankrupt electricity generating station Burgess Biopower LLC received court approval Wednesday from a Delaware judge to reject a power purchase agreement with a party the debtor claims was withholding payments and creating a financial situation where the station was in danger of shutting down permanently.

  • February 21, 2024

    PE Firm Can't Shake Ex-CEO's Retaliation Suit In NC

    A North Carolina federal judge has maintained the bulk of a former executive's suit accusing a private equity firm of duping him into accepting a top role at a defense supply unit and firing him when he refused to hide the company's financial reality from a major defense contractor client, reasoning that he satisfied pleading standards.

  • February 21, 2024

    Drexel U Dodges Expanded 'Intentional Interference' Claims

    The Supreme Court of Pennsylvania ruled Wednesday that at-will employees can sue for intentional interference with their employment relationships under state law, but said a former Drexel University accountant who had brought the case before them fell short of showing her supervisor was acting as a third party under the new tort.

  • February 21, 2024

    1st Circ. Won't Revive $19M Casino Deal Suit Against Wynn

    The First Circuit affirmed the dismissal of a real estate executive's suit claiming Wynn Resorts reneged on a handshake deal to pay him $19 million for helping it obtain a casino license, pointing to an opinion from Massachusetts' top appellate court saying the agreement is unenforceable on public policy grounds.

  • February 21, 2024

    Messner Reeves Accused Of Losing Client's $700K Deposit

    Colorado-based Messner Reeves LLP is being sued in California state court by a Florida financing consultant that claims the firm failed to protect a $700,000 interest deposit it made as part of a client's business loan.

  • February 21, 2024

    NY Judge Trims American Idol Singer's Suit Against NY Atty

    A New York federal judge on Wednesday trimmed a suit against an attorney from a former American Idol contestant, allowing the artist to proceed only with her breach of fiduciary duty and faithless servant claims.

  • February 21, 2024

    NC Justices Told Credit Union's Arbitration Add-On Is Void

    A customer who accused her credit union of charging illegal overdraft fees urged the North Carolina Supreme Court on Wednesday to invalidate the bank's supposed arbitration clause, saying it was a one-sided agreement to which she never consented.

  • February 21, 2024

    Bradley Arant Adds Ex-Baker Botts Labor, Employment Leader

    Bradley Arant Boult Cummings LLP is deepening its bench in the Lone Star State with the addition of its latest partner in Dallas, the former chair of Baker Botts' labor and employment practice.

  • February 20, 2024

    Fubo Wants Sports Giants' 'Unlawful' Streaming Plan Blocked

    The streaming company Fubo asked a New York federal court on Tuesday to block a joint venture under which ESPN, Fox and Warner Bros. Discovery would combine sports portfolios into one streaming app, claiming that the plan would harm competition and result in higher prices for consumers.

  • February 20, 2024

    Bid-Rigging Suit Against Bloomberg And Turner Ruled Too Old

    A defunct drywall contractor has lost its bid to hold Bloomberg LP and Turner Construction to account for a blackballing and bid-rigging campaign, as a New York federal judge ruled the suit was filed too late despite a related appeal to the Second Circuit.

  • February 20, 2024

    Supertramp Players Bloody Well Right On Royalties, Jury Told

    An attorney for three former members of British rock band Supertramp told a California federal jury during opening statements on Tuesday that co-founder Roger Hodgson breached their contract by cutting them out of songwriting royalties, while Hodgson's attorney said that, unlike the band's hit "Give a Little Bit," his client gave "a lot."

Expert Analysis

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • 2nd Circ. Ruling Will Guide Social Media Account Ownership

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    The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.

  • Assessing The Future Of Colorado's Economic Loss Rule

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    The Colorado Supreme Court's decision to review a state appellate court's ruling in Mid-Century Insurance Co. v. HIVE Construction will significantly influence the future of Colorado's economic loss rule, with high stakes for the cost of doing business in the state, says David Holman at Crisham & Holman.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • What To Know About RWI In Acquisition And Divestiture Deals

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    As a slower pace of merger activity turns underwriters toward new industries, representations and warranties insurance policies are increasingly being written for acquisition and divestiture energy deals, making it important for contracting parties to understand how the RWI underwriting process works in this new sector, say attorneys at Haynes Boone.

  • Freight Forwarders And Common Carriers: Know Your Cargo

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    Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Key Considerations For Evaluating An AI Vendor

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    As artificial intelligence technology advances across industries, businesses can mitigate risks, while maximizing the value of their investment, by evaluating technology, expertise, support services, transparency and more when selecting an AI vendor, say Rahul Kapoor and Shokoh Yaghoubi at Morgan Lewis.

  • A Closer Look At Novel Jury Instruction In Forex Rigging Case

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    After the recent commodities fraud conviction of a U.K.-based hedge fund executive in U.S. v. Phillips, post-trial briefing has focused on whether the New York federal court’s jury instruction incorrectly defined the requisite level of intent, which should inform defense counsel in future open market manipulation cases, say attorneys at Lankler Siffert.

  • A Refresher On Alcohol Sponsorships Before The Super Bowl

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    As millions of people will see in Super Bowl commercials Sunday, celebrity sponsorships continue to be a valuable tool for alcohol beverage marketers — and those looking to better target audiences must understand how regulation of the alcohol industry affects these deals, say attorneys at McDermott.

  • Compliance Tips On State Automatic Renewal Contract Laws

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    Brian Casey at Locke Lord and Travis Moore at the Service Contract Industry Council consider the challenges in operationalizing compliance faced by extended warranty businesses and whether extended warranties are exempt from laws covering automatic renewal contracts.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Considering A Practical FRAND Rate Assessment Procedure

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    As the debate over a fair, reasonable and nondiscriminatory rate continues inside and outside courtrooms, a practical method may assess whether the proposed FRAND rate deviates significantly from what is reasonable, and ensure an optimal mix of assets for managers of standard-essential patent portfolios, says consultant Gordon Huang.

  • How Poor Governance, Weak Contracts Harm Cannabis Cos.

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    Decades into cannabis decriminalization and legalization, many companies in the industry still operate on a handshake basis or fail to keep even minimally required records, which can have devastating effects and lead to costly, business-killing litigation, says Griffen Thorne at Harris Bricken.

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