Commercial Contracts

  • April 23, 2024

    Turkish Co. Hit With $168M Suit Over Failed Uniform Deal

    Strategic advisory firm Sinclair & Wilde Ltd. sued a Turkish military textile company in New York state court, seeking approximately $168 million in damages over allegations it violated verbal military uniform supply agreements involving Ukraine and used political connections to get Sinclair's CEO detained in Turkey.

  • April 23, 2024

    Investor Seeks Recovery From R. Kelly, Foxwoods Fallouts

    An investor has filed a Connecticut suit to recover a New York settlement worth nearly $877,000 after revolving credit deals and a security agreement surrounding a concert series that was headlined by since-imprisoned R&B artist R. Kelly at the Foxwoods Resort Casino fell apart.

  • April 23, 2024

    Houston Firm Sues Client For Fees In Explosion Settlement

    The Daspit Law Firm PLLC is taking a former client to court in order to recoup money allegedly owed from a settlement to a personal injury lawsuit stemming from a chemical plant fire almost six years ago.

  • April 23, 2024

    BNSF Says Zurich Should Pay For Defense In Asbestos Cases

    BNSF asked a Texas appeals court Tuesday to consider hundreds of asbestos exposures in Libby, Montana, as separate occurrences to trigger an insurance policy provision, saying during oral arguments that Zurich American Insurance Co. needed to cough up defense costs in cases relating to the exposures.

  • April 23, 2024

    Forbes Wins Bid To Nix Order In Mexican Distributor Fight

    A New York federal judge on Tuesday barred a Mexican distributor of Forbes magazine from trying to enforce an order from a court in Mexico City precluding the publication from terminating their deal while the companies gear up to arbitrate a renewal dispute.

  • April 23, 2024

    Seller Fights Lender Over First Dibs On $3 Million Property

    A lender that took possession of a $3 million property in Haslet, Texas, seems to have negotiated the sale of the tract to an unaffiliated party, Texas appeals court justices said during oral arguments in Fort Worth on Tuesday, in a fight over whether the original seller gets right of first refusal after the land went into foreclosure.

  • April 23, 2024

    BNSF Lowballing Oil Train Trespass Payout, Tribe Says

    A Washington tribe said Monday that BNSF Railway Co. raked in $500 million for shipping crude oil across its reservation for nearly a decade, calling the railroad's calculation that it should pay less than $175,000 for the illegal trespass an affront to the tribe's sovereign and treaty rights.

  • April 23, 2024

    EV Co.'s SPAC Suit Gets Final OK For $1.9M Settlement

    Lightning eMotors Inc., which made electric commercial vehicles and has announced liquidation of its assets, has received final approval for a $1.85 million settlement of shareholder derivative claims against its brass alleging they hid supply chain issues that would keep it from scaling after going public via merger with a special purpose acquisition company.

  • April 23, 2024

    Ex-Takeda Worker, Boyfriend To Plead Guilty In Invoice Scam

    A former Takeda Pharmaceutical Co. employee and her boyfriend plan to plead guilty to a $2.3 million phony invoice scheme, their lawyers told a Massachusetts federal judge on Tuesday.

  • April 23, 2024

    Insurer Wants Out Of Skate Rink Rape Suit Coverage

    A Selective Insurance Group affiliate on Monday asked a Georgia federal court to find it has no duty to defend an Atlanta-area skate rink where an employee allegedly kidnapped and raped an unaccompanied child in the aftermath of a shooting last year.

  • April 23, 2024

    Judge Quiets NY Outdoor Stadium For Frazzled Neighbors

    A state judge has temporarily muffled the activities of a century-old outdoor stadium in New York, ordering it to hire an independent contractor to monitor noise levels and to place barricades that prevent concert-goers from wandering into nearby neighborhoods.

  • April 23, 2024

    Virtua Says Trinity Health Won't Pay $12M ER Fight Legal Bill

    Virtua claimed Monday in New Jersey federal court that Trinity Health has backed out of an agreement to cover $12 million in counsel fees and costs incurred in a legal fight with a rival healthcare system over Virtua's acquisition of Our Lady of Lourdes Health Care Services from Trinity.

  • April 23, 2024

    Locke Lord Wins Appellate Review Of Malpractice Suit

    Locke Lord LLP has convinced a New Jersey state appellate court to review a trial court's ruling rejecting the firm's attempt to evade a malpractice suit alleging that it mishandled a transaction involving an oil refinery project in North Dakota.

  • April 23, 2024

    BofA Nears Deal Over 'Hidden' Wire Transfer Junk Fees

    Bank of America has agreed to resolve a proposed class action accusing it of tacking on $15 "junk fees" for incoming wire transfers, and a North Carolina federal judge on Monday gave the parties until May 24 to submit a motion for preliminary approval of the settlement.

  • April 23, 2024

    FTC Bars Employers From Imposing Noncompete Contracts

    The Federal Trade Commission voted 3-2 on Tuesday to ban essentially all noncompete agreements that employers frequently impose on workers, leaving an earlier draft of the ban mostly unchanged other than to allow existing noncompete agreements with senior executives to remain while banning future ones for top corporate officials.

  • April 23, 2024

    Embattled Ex-Animal Rescue Executive Hit With TM Suit

    Last Chance Ranch, a nonprofit animal shelter and rescue based in Pennsylvania, has sued its former executive director — who was accused of stealing a kangaroo — and a new nonprofit she created, alleging unauthorized use of the shelter's name and trademarks.

  • April 23, 2024

    Terminated Sale Of NBA's T-Wolves Looks Like A Power Play

    The canceled $1.5 billion sale of the NBA's Minnesota Timberwolves to a group featuring Alex Rodriguez can be attributed, in part, to explosive growth in team valuations over the last three years, but just as large a factor is the owner's hesitance to surrender the power inherent in major franchise ownership, legal experts say.

  • April 22, 2024

    Pornhub Cos. Urge Judge To Drop Trafficking Suit Claims

    Attorneys for companies associated with Pornhub urged a California federal judge Monday to trim a lawsuit brought by a woman who claims she was sex trafficked by the defunct website GirlsDoPorn, saying it is full of excessive claims and that the court lacks jurisdiction over some defendants.

  • April 22, 2024

    Judge Finds Feds Own Historic Virgin Islands Resort

    A U.S. Virgin Islands federal judge has found the government owns the title to the historic Caneel Bay resort on a St. John peninsula, ruling against an operator in a dispute that arose after the resort suffered damage from back-to-back Category 5 hurricanes in 2017.

  • April 22, 2024

    $1 Awarded To Software Co. Splunk In Copyright Fight

    A California federal jury on Monday awarded software company Splunk a single dollar in damages in a suit accusing rival Cribl of copyright infringement.

  • April 22, 2024

    Mich. Panel Drains $1.3M 1-800-Bathtub Arbitration Award

    A Michigan appellate court affirmed slashing most of a $1.3 million arbitration award for the owner of the toll-free number 1-800-BATHTUB, pulling the plug on the owner's claim that a bathroom remodeling company stole the number.

  • April 22, 2024

    Chamber Planning Prompt Challenge Of FTC Noncompete Ban

    U.S. Chamber of Commerce officials vowed Monday to immediately challenge an impending Federal Trade Commission rule that would ban essentially all noncompete agreements that employers impose on their workers, raising concerns focused principally on opening a "Pandora's box" of rulemaking they say is beyond FTC authority.

  • April 22, 2024

    Palo Alto Networks Execs Face Suit Over Misleading Outlook

    Executives and directors of cybersecurity company Palo Alto Networks have been hit with a shareholder derivative suit in California federal court alleging they misled investors about the success of its platform consolidation strategy, which was expected to result in lucrative government contracts.

  • April 22, 2024

    Lessee Axed From NC Doctor's Quarrel With Ex-Partner

    The North Carolina Business Court has purged a defendant from an ophthalmologist's lawsuit claiming his former partner has reneged on a settlement to buy out the ophthalmologist's half of the practice, finding the defendant wasn't a party to the settlement and can't now be bound to it.

  • April 22, 2024

    GM, Others Sued For Sharing Driver Data With Insurers

    Two New Jersey drivers say they saw increases in their insurance premiums after General Motors and its OnStar unit allegedly used apps installed in their vehicles to illegally share driver data with consumer reporting agencies and insurance carriers without their consent.

Expert Analysis

  • What 3rd Circ. Trust Ruling Means For Securitization Market

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    Mercedes Tunstall and Michael Gambro at Cadwalader break down the Third Circuit's March decision in Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust, as well as predict next steps in the litigation and the implications of the decision for servicers and the securitization industry as a whole.

  • Clemson's ACC Exit Fee Suit May Have Major Consequences

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    Clemson University's recent suit in South Carolina state court against the Atlantic Coast Conference, which challenges the ACC's $140 million exit fee and its ownership of member schools' media rights, would likely have enormous ramifications for ACC members in the event of a definitive court ruling, say William Sullivan and Alex Anderson at Pillsbury.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • A Key Pitfall Of Restricted Subsidiaries In Loan Agreements

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    In loan agreements, the treatment afforded to non-loan party restricted subsidiaries' EBITDA presents subtle, but serious threats to lenders that require thoughtful attention in underwriting and drafting, say David Ebroon at JPMorgan Chase and ​​​​​​​Jared Zajac at Cadwalader.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • New Proposal Signals Sharper Enforcement Focus At CFIUS

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    Last week's proposed rule aimed at broadening the Committee on Foreign Investment in the United States' enforcement authority over foreign investments and increasing penalties for violations signals that CFIUS intends to continue expanding its aggressive monitoring of national security issues, say attorneys at Kirkland.

  • How Companies Can Use Big Data As A Strategic Asset

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    Artificial intelligence technology powered by big data has the potential to create radical improvements to business operations, but if big data is improperly protected or monetized, this same information can give competitors similar advantages, or at the very least undermine a company's edge, say Gary Weinstein and Hudson Peters at Faegre Drinker.

  • How Retail Tenants Can Avoid Paying Rent Prematurely

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    When negotiating leases for spaces in shopping centers, retail tenants should ensure that the language specifies they only need to begin paying rent when the center is substantially occupied as a whole, as it can be difficult to modify leases that are executed without co-tenancy requirements or termination rights, say Joshua Bernstein and Benjamin Joelson at Akerman.

  • Policy Misrepresentations Carry Insurance Rescission Risks

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    The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.

  • Analyzing New EU Measure To Prevent Reexports To Russia

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    Niels Ersbøll, Alexander Italianer and Laura Beuls at Arnold & Porter offer a comprehensive overview of the European Union's new rule requiring export agreements to contain a clause prohibiting the reexport of goods to Russia, and discuss what companies should do to ensure compliance.

  • 3 Tech Sourcing Best Practices That Are Relevant For AI

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    It might be tempting to think that sourcing artificial intelligence tools requires a completely new set of skills, but the best practices that lead to a good deal are much the same as traditional technology procurement, says Mia Rendar at Pillsbury.

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • A Snapshot Of The Evolving Restrictive Covenant Landscape

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    Rachael Martinez and Brooke Bahlinger at Foley highlight recent trends in the hotly contested regulation and enforcement of noncompetition and related nonsolicitation covenants, and provide guidance on drafting such provisions within the context of stand-alone employment agreements and merger or acquisition transactions.

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