Commercial Contracts

  • July 18, 2024

    Auto Software Co. Cerence's Brass Sued Over Licensing Woes

    A shareholder of Cerence Inc. has sued the automobile software company's current and former top brass in Delaware Chancery Court, alleging they made misleading and false statements about the company's expected revenue and the types of licensing deals the company was pushing and entering into.

  • July 18, 2024

    CEO Firing Case Tied To Mogul Going To Mediation

    A former chief executive and a European IT company tied to convicted mogul Greg Lindberg will head to mediation as part of a back-and-forth case involving allegations of firing without warning and spending company money on women's lingerie.

  • July 18, 2024

    Owner Of Ex-Sports Illustrated Publisher Wants Out Of Suit

    The majority owner of Sports Illustrated's onetime publisher is hoping to exit a suit filed by an executive who was fired from the company, arguing he had nothing to do with terminating his employment and defending the denial of a severance package.

  • July 18, 2024

    Colo. Injury Firm, Insurer End Bad Faith Suit

    Two months after a Colorado personal injury firm and insurer settled a dispute over coverage of litigation costs, the two sides have agreed to dismiss the firm's lawsuit against a former firm attorney accused of trying to steal its entire class action department.

  • July 18, 2024

    Ex-Venable Trusts And Estates Partner Joins Stradling In LA

    Stradling Yocca Carlson & Rauth PC announced that it launched a trusts and estates practice with the hiring of an experienced Los Angeles-based partner from Venable LLP.

  • July 18, 2024

    Womble Bond Adds Finance Atty With Latin America Focus

    Womble Bond Dickinson's growing New York office is welcoming a capital markets and structured finance attorney after his more than 10 years with Hogan Lovells, most recently in Brazil.

  • July 18, 2024

    Cannabis Co. Can't Snuff $300K Judgment In Contract Row

    A Washington state appeals court has rejected a bid by cannabis company Royal Concentrates LLC and its owners to throw out a $300,000 judgment against them in a contract dispute with an investment partner, saying any error in the exclusion of a last-minute witness and evidence was harmless.

  • July 18, 2024

    Au Pair Co. Can't Arbitrate Wage Claims, 1st Circ. Told

    A group of former au pairs who say they were underpaid for their work has urged the First Circuit to affirm that Cultural Care can't force them into arbitration in Switzerland, calling the agency's position a delay tactic with no merit.

  • July 18, 2024

    X's NYC Office Settles Ex-Janitors' Back Pay Suit

    A group of unionized janitors who used to work in the New York City offices of social media company X have settled a suit alleging the company failed to comply with a city law requiring it to keep the janitors on for 90 days after terminating their contract.

  • July 18, 2024

    Co-Op Employee Gets Win In $450K Hemp Property Fraud Suit

    A farm cooperative employee scored a win in a case accusing a Florida businessman of swindling her out of a nearly $500,000 deposit meant for a hemp processing and growing facility, with a Virginia federal judge saying a criminal investigation into the entrepreneur should follow.

  • July 17, 2024

    Client Bids Didn't Trigger Fla. Long-Arm Law In Breach Suit

    A Florida appellate court on Wednesday tossed a breach of contract lawsuit brought by a wealth planner against two out-of-state companies, saying that the parties did not do business in Florida and that a visit to win over potential clients wasn't enough to establish jurisdiction in the Sunshine State.

  • July 17, 2024

    Fla. Co. Says NY Lender Charges Usurious 950% Interest Rate

    A Florida-based startup has sued a New York small business lender, alleging the lender saddled it with "a high interest usurious loan" when it thought it was entering into a future receivables agreement.

  • July 17, 2024

    FTC Cites 3rd Circ. In Defending Noncompete Ban

    The Federal Trade Commission has continued to argue against a preliminary injunction a tree services company wants against its noncompete ban, directing a Pennsylvania federal judge to look at a Third Circuit decision from the day before calling for a high bar on initial court blocks absent immediate and permanent harm.

  • July 17, 2024

    Whirlpool Wants To Wash Away Service Plan Repair Claims

    Whirlpool asked a Washington federal judge to send a proposed consumer class action down the drain, saying the aggrieved customer can't claim she was deceived about the details of an extended repair plan for a dishwasher when the full terms have always been easy to find online.

  • July 17, 2024

    Merrill Lynch Urges Arbitration Of Sweeping RICO Lawsuit

    Merrill Lynch told a Texas federal judge Tuesday that a wealthy telecommunications entrepreneur who is accusing the bank of a sweeping money laundering fraud doesn't have the right to bring the case to court, as the entrepreneur agreed to arbitration when he parked his money with Merrill.

  • July 17, 2024

    Co. Seeks $17M Refund Of Celsius' Payments For Mining Site

    The successor to Celsius' bitcoin mining operation alleged in a New York bankruptcy court it is owed over $17 million in refunds for payments that the cryptocurrency platform company made to another firm that promised to build a crypto farm in Texas and failed to satisfy the agreement.

  • July 17, 2024

    Fight Over Liberace's Rhinestone Piano Reaches Boston Jury

    A lawyer for Gibson Guitars' charitable arm told a Boston federal jury Wednesday that a music store has refused to return a rhinestone-encrusted grand piano once used by Liberace, wrongly claiming it was given as a gift.

  • July 17, 2024

    Ex-NFL Player Is Broke, Hasn't Paid Settlement, Plaintiffs Say

    A former NFL player's business partner has asked a Colorado state court to enforce a settlement after the ex-linebacker allegedly blew the deadline to make a $200,000 payment, a request that comes as a plaintiff in another case claims the player and his reptile shipping company are insolvent.

  • July 17, 2024

    Md. Justices Say Amazon Insurer Can Pursue Subrogation

    An insurer for Amazon can continue to pursue subrogation against subcontractors for a Baltimore warehouse construction project, the Maryland Supreme Court unanimously ruled, after the insurer said it covered Amazon for over $50 million worth of damage caused by severe weather.

  • July 17, 2024

    'Curious' CFPB Agenda Item Sparks Buzz Over Contract Rules

    A mystery item tucked into the Consumer Financial Protection Bureau's latest regulatory agenda is fueling speculation among attorneys that the agency may soon try to clamp down on some terms and conditions included in lenders' contractual agreements with consumer borrowers.

  • July 17, 2024

    Insurer Says No Coverage For Payment Software Sale Dispute

    A management liability insurer told an Illinois federal court that it had no duty to defend sellers accused of fraud and other misdeeds as part of the sale of a payment processing company.

  • July 17, 2024

    SeaWorld Says Dad Ousted From Bias Case Contradicts Attys

    Counsel for parents and children alleging that costumed performers at SeaWorld-owned theme park Sesame Place snubbed them booted a dad from the case as a way to buy time for more preparation, contradicting his lawyers' claims that he was forced from the case for making a deliberately incorrect deposition statement, the park's corporate owner alleged in a new court filing.

  • July 17, 2024

    Ogletree Deepens Miami Bench With Fox Rothschild Labor Pro

    Labor and employment law firm Ogletree Deakins Nash Smoak & Stewart PC announced Wednesday that it has added a partner in Miami with decades of experience who joined from Fox Rothschild LLP.

  • July 17, 2024

    Ex-Partners Fight 'Cynical' Lin Wood's Judge DQ Attempt

    Former colleagues of retired Georgia attorney Lin Wood slammed a bid to have the judge presiding over a defamation trial next month disqualified over his ties to Alston & Bird LLP, calling the effort "another last-minute, 'Hail Mary' attempt to delay the upcoming trial."

  • July 17, 2024

    Judge Cautiously OKs $1.5M Georgetown Tuition Refund Deal

    A $1.5 million settlement resolving class action claims over Georgetown University's move to remote instruction during the COVID-19 pandemic scored initial approval, but a D.C. federal judge said he has concerns about the limited payout class members will receive after accounting for attorney fees.

Expert Analysis

  • 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.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Contract Disputes Recap: Addressing Dispositive Motions

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    Stephanie Magnell and Bret Marfut at Seyfarth examine three recent decisions from the U.S. Court of Claims and the U.S. Civilian Board of Contract Appeals that provide interesting takeaways about the nuances of motion practice utilized by the government to dispose of cases brought under the Contract Disputes Act prior to substantive litigation

  • What 2 Rulings On Standing Mean For DEI Litigation

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    Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    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.

  • Arbitration Implications Of High Court Coinbase Ruling

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    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.

  • A Look At Calif. Contract Considerations In Fiji Water Ruling

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    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.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    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.

  • Practical Private Equity Lessons From 2 Delaware Deals

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    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.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    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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