Commercial Contracts

  • April 04, 2024

    Litigating On The Front Lines Of Pac-12 Power Struggle

    The mass exodus from the Pac-12 sparked fierce litigation over the considerable money and power at stake for the conference, challenging attorneys to deal with a high-pressure dispute moving along at breakneck speed. One lawyer at the center of the fight recently spoke with Law360 about the unique challenges he and his team had to address.

  • April 04, 2024

    HK Lender Gets $8M Arbitral Awards Against Fla. Atty OK'd

    A Florida federal court has ruled to confirm and enforce international arbitral awards totaling more than $8 million against a Florida attorney and his longtime client, finding the pair should have opposed the awards favoring a Hong Kong-based lender no more than three months after the case wrapped up in 2019.

  • April 03, 2024

    2nd Circ. Told FIFA Bribery Convictions Rightly Nixed

    A former 21st Century Fox television executive and an Argentine sports marketing company told the Second Circuit that a lower court was right to toss their convictions related to the FIFA corruption scandal, contending that U.S. law does not reach foreign commercial bribery.

  • April 03, 2024

    Hawaii Bio Power Co. Can't Add Merger-Based Antitrust Claims

    A Hawaii federal magistrate judge has refused to permit the addition of new allegations, based on a 2017 fossil fuel plant acquisition, to a recently restarted lawsuit accusing the state's largest power company of anticompetitively canceling a contract for a new biomass energy plant.

  • April 03, 2024

    US Soccer Urges High Court To Hear Antitrust Fight

    The U.S. Soccer Federation on Wednesday once again asked the U.S. Surpeme Court to review the Second Circuit's decision reviving an antitrust lawsuit against it and FIFA, arguing that the government's opposition to the federation's petition failed to defend an "extreme membership liability" imposed by the circuit court ruling.

  • April 03, 2024

    Mortgage Co. Targeted In News Report Hit With RICO Suit

    United Wholesale Mortgage LLC, its parent company and its CEO were hit with a proposed class action Tuesday in Michigan federal court accusing them of scheming with mortgage brokers to steer borrowers into more expensive loans the same day that Hunterbrook Media, a new journalism and hedge fund outfit, published its first investigative piece focused on the company.

  • April 03, 2024

    Google's Win In Ad Tech Antitrust MDL To Get 2nd Circ. Look

    A group of Massachusetts-based gym and spa businesses informed a New York federal judge Wednesday they will be taking to the Second Circuit their challenge of the judge's order dismissing their antitrust claims in multidistrict litigation over Google's alleged monopoly in digital advertising.

  • April 03, 2024

    Healthcare Company Hid Rising Costs Before IPO, Suit Says

    Elder-focused healthcare company Agilon Health was hit with an investor's proposed class action in New York federal court alleging that the company failed to acknowledge ahead of its initial public offering that it had been affected by rising medical costs for providers.

  • April 03, 2024

    NC AG Greenlights New Monitor For HCA Hospital Amid Probe

    A new organization has taken up the baton to monitor whether HCA Healthcare is in compliance with the agreement that cemented its $1.5 billion acquisition of a North Carolina health system, a pact that is the focus of ongoing litigation between HCA and the state's attorney general.

  • April 03, 2024

    Trampoline Park Can't Arbitrate Injury Suit, Texas Panel Says

    A Texas appellate court has ruled a trampoline park operator can't force the parents of a child who broke their arm on its property to litigate personal injury claims since there is evidence the company never formed a contract with the family.

  • April 03, 2024

    Insurer Says Rail Co. Must Pay In $400K Spoiled Chicken Suit

    Over $400,000 worth of frozen chicken thighs rotted on the move to Oregon, and an insurer who covered the putrid loss told a South Carolina federal court that the rail company responsible should pay for the screw-up.

  • April 03, 2024

    Anheuser-Busch 'Choking Off' Beer Supply, Distributor Says

    A New York beer distributor accused Anheuser-Busch InBev of slowly cutting off its supply using force that could only be exerted by such a "corporate behemoth," according to a suit filed in Manhattan federal court.

  • April 03, 2024

    Investors Want $1.5B Penalty Awarded After PE Buyout

    A group of investors is seeking to enforce a $1.5 billion judgment stemming from a 2005 private equity acquisition of Greece-based Tim Hellas Telecommunications SA that it claims ultimately enriched PE firms TPG Inc. and Apax Partners LLP to the detriment of other investors.

  • April 03, 2024

    Broker Says Developer Won't Pay Finder's Fee On $24M Loan

    A South Carolina real estate developer has failed to fork over a finder's fee to his broker on more than $24 million in financing for a mixed-use project on the coast of North Carolina, according to a newly filed federal complaint.

  • April 03, 2024

    US Bank Beats $100M Suit Over Role As CDO Trustee

    A New York federal judge has freed U.S. Bank from a more than $100 million conflict-of-interest lawsuit brought by a group of mortgage-backed CDOs, which accused the bank of obstructing their efforts to sue over underlying mortgage bond losses tied to the 2008 financial crisis.

  • April 03, 2024

    Family Not 'Trespassers' In Revived Deck Collapse Suit

    A Texas appeals panel on Wednesday revived a family's claims against Silverleaf Resorts LLC and Holiday Inn Club Vacation Inc. over injuries from a deck collapse, finding the trial court was wrong to find they were trespassers as a matter of law.

  • April 03, 2024

    Chiquita Says $6.9M Win Being Held Up By Banana Exporter

    Chiquita Brands told a Florida federal court that an Ecuadorian banana exporter deserves to be fined for skirting court orders requiring the exporter to hand over financial information needed to execute a $6.9 million international arbitral award to Chiquita.

  • April 03, 2024

    Ex-NFL Player's Disability Benefits Suit Tossed As Too Late

    A Florida federal judge threw out a suit from a former NFL player who said fraud made him miss out on the disability benefits he was owed, ruling he missed the deadline to challenge the decision that lowered his payments.

  • April 02, 2024

    Amazon Driver Took, Shared Pics of Actor's Home, Suit Says

    Actor Deon Cole sued Amazon in California state court alleging that one of its delivery drivers took photos of the inside of his home and shared them in a group chat while dropping off groceries, saying Amazon negligently and recklessly hired the driver.

  • April 02, 2024

    Axle Maker Says It's Getting Shafted On Exclusive Parts Deal

    A Colorado maker of electrically powered axle components says a Michigan heavy-vehicle company broke their exclusivity agreement and is trying to replace the manufacturer with a competitor, according to a complaint removed to Colorado federal court Monday.

  • April 02, 2024

    JFK Taxi Dispatchers Charged With Taking Bribes For Rides

    Nine taxi dispatchers at John F. Kennedy International Airport have been charged with accepting cash bribes in exchange for allowing drivers to skip the line to pick up passengers, the Queens district attorney has announced.

  • April 02, 2024

    4 Mass. Rulings You May Have Missed In March

    A former Harvard Business School professor who was denied tenure after his angry emails to a restaurant went viral was among the winners from a slate of recent Massachusetts state court decisions, which also addressed claims about "forever chemicals" in firefighting gear and a popular gym shut down during the pandemic.

  • April 02, 2024

    9th Circ. Urged To Keep Live Nation 401(k) Suit In Court

    Ex-workers for Live Nation urged the Ninth Circuit on Tuesday to allow in-court proceedings for a suit alleging an employee 401(k) plan was mismanaged, arguing a lower court shouldn't have enforced an arbitration provision in retirement plan documents when individual plan participants did not consent.

  • April 02, 2024

    BigLaw Recruiter's Bid To Ditch $6M Ruling Fails At 5th Circ.

    A BigLaw recruiter is on the hook for more than $6 million for stealing trade secrets and breaking a noncompete agreement with his former employer after the Fifth Circuit ruled client details taken by the recruiter were confidential information.

  • April 02, 2024

    Daiichi Gets Award Nixing Seagen Cancer Drug Claims OK'd

    A Washington federal judge has refused to revive U.S. biotech company Seagen Inc.'s claims seeking billions of dollars in damages in a dispute with Japanese drugmaker Daiichi Sankyo Co. Ltd. over cancer drug patents, ruling that an arbitrator who tossed the claims did not disregard the law.

Expert Analysis

  • Key Maritime Law Issues In 2024: Geopolitics And Sanctions

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    Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Black-Led VC Fund Case Could Hinge On Nature Of Grants

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    Organizations whose missions involve any manner of race-conscious funding should closely monitor arguments this week in American Alliance v. Fearless Fund, a case filed against a grant program that seeks to address the gap in venture capital funding for Black women-led businesses, which will examine whether grants are charitable under Civil Rights Act Section 1981 liability, say Kali Schellenberg and John Stapleton at LeVan Stapleton, and Kenneth Trujillo at Chamberlain Hrdlicka.

  • Unraveling The Bundled Benefits Of Retail Memberships

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    The recent prevalence of paid retail memberships and the associated findings of a consumer survey suggest that assessing consumer preferences and welfare may be important when considering resolution mechanisms in antitrust contexts, say Rosa M. Abrantes-Metz at Berkeley Research Group, Mame Maloney at The Brattle Group and Jeff Brazell at the University of Utah.

  • Ill. Insurance Ruling Helps Developers, Community Orgs. Alike

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    The Illinois Supreme Court's decision in Acuity v. M/I Homes of Chicago, holding that commercial general liability policy exceptions did not prevent coverage for damage caused by faulty workmanship, will bring more potential insurance coverage for real estate developers and, in turn, larger payouts when community organizations sue them, say Howard Dakoff and Suzanne Karbarz Rovner at Levenfeld Pearlstein.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • OCC Guidance May Lead Off 'Buy Now, Pay Later' Regulations

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    The Office of the Comptroller of the Currency's bulletin released last month to assist national and federal savings banks with managing the risks posed by "buy now, pay later" lending may be the start of increased state legislation or guidance specifically aimed at regulating such loans, say Susan Seaman and Jacob Huston at Husch Blackwell.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Inside Del. Determinations Of Specific Performance In M&A

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    Delaware M&A rulings, including several from the end of 2023, shed light on the facts that courts may consider when determining whether a party to a transaction is entitled to specific performance, say attorneys at White & Case and Odeko.

  • 9 Contractual Issues Tech Startups Should Be Wary Of

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    Technology startups often overlook relatively simple but crucial contracting steps that are essential to owning and protecting their intellectual property, and the consequences of this will almost always surface at some point, typically in connection with a key investment or other significant transaction involving the business, say attorneys at Mayer Brown.

  • NJ Ruling May Widen Plaintiff Opportunities In LLC Disputes

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    A New Jersey court’s recent decision in Flor v. GreenbergFarrow found that a court may consider a limited liability company member’s wrongful conduct when determining sale and compensation owed to a dissociate member, and may open doors for plaintiffs seeking relief from wrongful conduct, say Lowry Yankwich and Peter LeVan at LeVan Stapleton.

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