Commercial Contracts

  • May 10, 2024

    Tobacco Wholesaler Must Post $1.4M Bond Pending IP Appeal

    A cigarette rolling paper wholesaler must post a more than $1.4 million bond while the company appeals its portion of a larger $2.3 million verdict for selling counterfeit papers, a Georgia federal judge has ruled.

  • May 10, 2024

    Benefits Groups Urge High Court To Take Up AT&T 401(k) Suit

    Several benefits groups urged the U.S. Supreme Court to hear AT&T's request to overturn a Ninth Circuit ruling that upended its win in retirement plan participants' class action accusing it of mismanaging their 401(k), saying allowing the decision to stand would redefine prohibited transactions.

  • May 10, 2024

    Financial Tech Co. Wants New Trial In $7.8M Breach Suit

    A financial technology company ordered to pay more than $7.8 million to an Atlanta-area capital recruiting firm for violating an agreement to pay the recruiter to connect it with investors has asked a Georgia federal judge for either a new trial or judgment as a matter of law.

  • May 10, 2024

    Eckert Seamans Can Shield Most Docs In Casino Conflict Row

    Gaming-machine maker Pace-O-Matic Inc. cannot access most of the 182 documents competitor Parx Casino hoped to shield amid Pace-O-Matic's breach of contract suit against its former Eckert Seamans Cherin & Mellott LLC counsel, a Pennsylvania federal judge has ruled after conducting a Third Circuit-ordered, in-camera review of the files.

  • May 09, 2024

    Amazon Shakes Wash. Suit Premised On Calif. Wiretap Claims

    A Washington federal judge has tossed a putative class action accusing Amazon.com Inc. of unlawfully recording chat conversations with consumers, finding that the plaintiff couldn't sustain a suit containing only California claims because the e-commerce giant's usage agreement makes clear that Washington law governs such disputes. 

  • May 09, 2024

    FTC Urges High Court To Reject Challenge To $5.2M Award

    The Federal Trade Commission has urged the U.S. Supreme Court to reject a credit monitoring company's challenge to a $5.2 million refund award the federal agency won on behalf of a class of consumers, arguing the award is authorized under the Federal Trade Commission Act. 

  • May 09, 2024

    Hedge Fund Manager Says Partner Cut Him Out Of Company

    A hedge fund manager accused his business partner in Texas state court of wrongfully cutting him out of a Dallas-based wealth management company, saying the partner tried to strong-arm him into transferring his ownership interest.

  • May 09, 2024

    Judge 'Tempted' To Transfer MLB Scouts' Colo. Age Bias Suit

    A Colorado federal judge said Thursday he was "somewhat tempted" to transfer an age discrimination lawsuit brought by former MLB scouts if he ultimately decides the court doesn't have jurisdiction over out-of-state teams, despite believing they may have a "fairly strong" argument that he can oversee the case against the league itself.

  • May 09, 2024

    Nintendo Gets Switch Suit Stay Pending Patent Review

    A Seattle federal judge agreed Thursday that Nintendo could pause an intellectual property suit against it while it seeks to challenge the validity of the patents at issue, saying the plaintiff could not now complain about delays since it waited six years to file its complaint.

  • May 09, 2024

    Chinese Tycoon In $500M Debt To Investors To Be Released

    A Chinese cinema magnate who owes his investors more than $500 million will no longer be detained on immigration and campaign donor fraud charges, a New York federal court ruled Thursday.

  • May 09, 2024

    Houston Firm Can't Escape Litigation Funder's $2M Loan Suit

    A Houston-based law firm doesn't have to turn over financial documents to a litigation funder that has alleged the firm failed to pay back a more than $2 million debt, but it does have to continue litigating the underlying matter, a state appeals court ruled Thursday.

  • May 09, 2024

    REIT Says Insurers Must Cover Antitrust Conspiracy Claims

    A real estate investment trust accused its insurers of wrongfully denying coverage for an underlying multidistrict litigation alleging that the company was part of an antitrust conspiracy to inflate rents for multifamily housing, telling a Colorado federal court that the MDL falls plainly within multiple coverage parts of its policies.

  • May 09, 2024

    Bally Sports Parent Seeks OK For Renewed DirecTV Deal

    The parent company of sports network operator Bally Sports has asked a Texas bankruptcy judge to approve renewed multiyear contracts with DirecTV, saying the revenue from the deal is a "critical component" of its post-Chapter 11 business plan.

  • May 09, 2024

    Caremark Can Seek Arb. In Oklahoma Tribe's Prescription Suit

    An Oklahoma federal court judge has paused a dispute between the Muscogee (Creek) Nation and Caremark LLC until the pharmaceutical company can resolve a bid to compel the tribe into arbitration in an Arizona court over unpaid reimbursement claims.

  • May 09, 2024

    AT&T Appeals $57M Fine For Selling Customer Location Data

    AT&T is appealing a $57 million fine from the Federal Communications Commission on allegations it failed to protect customer location data, calling the agency order an "abuse of discretion."

  • May 09, 2024

    Judge Mulls Twitter's Rent Intent In Colo. Eviction Fight

    A Colorado state judge asked a Boulder landlord Thursday why Twitter's intent mattered when it stopped paying rent after being acquired by Elon Musk, as the landlord fights for access to records to rebut the social media company's wrongful eviction claims.

  • May 09, 2024

    FICO Blasts Discovery 'Sideshows' In VantageScore Suit

    An Illinois federal judge handling antitrust claims targeting the credit-scoring market should disregard the "sideshows" customers lodged by requesting confidential settlement records and other documents that are too far removed from the case's core issues, Fair Isaac Corp. argued on Wednesday.

  • May 09, 2024

    NFL Player-Turned-Atty Can't Appeal After Contempt Deal

    An appeal of a contempt-of-court order by NFL-player-turned-lawyer Walter Bernard is moot because the underlying dispute over unpaid rent has been settled and Bernard has been released from jail, the Pennsylvania Superior Court has ruled.

  • May 09, 2024

    Body-Sculpting Device Supplier Hit With Fraud Claims

    A Massachusetts company that sells body-sculpting equipment tricks buyers into believing their operations will be unrealistically lucrative, and harms them with restraints on pricing and coercion against transferring their devices, according to a lawsuit in Connecticut state court.

  • May 09, 2024

    Mobile Carriers Pay $10M To End 50 AGs' Deceptive Ad Claims

    A coalition of nearly all the country's state attorneys general on Thursday announced $10.25 million in settlements that AT&T, Verizon and T-Mobile have agreed to pay to end a multistate probe into the wireless carriers' allegedly misleading advertising practices.

  • May 09, 2024

    Justices Say Copyright Damages Can Go Beyond 3 Years

    The U.S. Supreme Court concluded Thursday that plaintiffs in copyright ownership disputes can recover damages beyond the three-year statute of limitations for bringing a claim, rejecting Warner Chappell Music's argument that the only time that could happen is in cases involving fraud.

  • May 08, 2024

    Apple Judge Skeptical Tech Giant Complying With Epic Order

    The California federal judge overseeing Epic's antitrust suit against Apple reacted skeptically Wednesday to an Apple executive's claim that it has fully complied with her order aimed at allowing app developers to send users to outside payment platforms, saying some of Apple's new rules appear to "stifle competition."

  • May 08, 2024

    Citibank Sued By Atty Over Fake Client Cashier's Check Scam

    An attorney conned by a fake client and a counterfeit cashier's check sued Citibank in state court Wednesday, alleging it knew of other law firms that were similarly scammed and should have caught the fake check before she wired the funds from her client trust account into the scammer's pocket.

  • May 08, 2024

    BIA Tells 8th Circ. Energy Co. Can't Revive Lease Suit

    The U.S. Department of the Interior's Bureau of Indian Affairs has asked the Eighth Circuit to uphold a North Dakota federal judge's dismissal of Prima Exploration Inc.'s oil and gas lease termination suit, saying the lower court correctly dismissed the case for failure to exhaust administrative remedies.

  • May 08, 2024

    Lyft Driver Asks Calif. Justices To OK Intervening In PAGA Suit

    An attorney for a Lyft driver who sued the company under the Private Attorneys General Act urged the California Supreme Court on Wednesday to find her client has standing to intervene in a competing PAGA Lyft case that reached a settlement, saying the deal threatened to "extinguish" her client's rights.

Expert Analysis

  • 2nd Circ.'s Nine West Ruling Clarifies Safe Harbor Confusion

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    The Second Circuit’s recent ruling in Nine West’s Chapter 11 suit clarifies that courts in the circuit will apply a transfer-by-transfer analysis to determine the applicability of Section 546(e) of the Bankruptcy Code, and that to be safe harbored, a financial institution must act as an agent with respect to the specific transfer at issue, says Leonardo Trivigno at Carter Ledyard.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • What FTC's 'Killer Acquisition' Theory Means For Pharma Cos.

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    The Federal Trade Commission's recent lawsuit to block Sanofi's acquisition of a pharmaceutical treatment developed by Maze Therapeutics builds on previous enforcement actions and could indicate the agency's growing willingness to use its so-called killer acquisition theory against perceived attempts to eliminate nascent competition, say attorneys at Morgan Lewis.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Practical Steps For Navigating New Sanctions On Russia

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    After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Complying With Enforcers' Ephemeral Messaging Guidance

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    Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • No AI FRAUD Act Is A Significant Step For Right Of Publicity

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    The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Unpacking The New Russia Sanctions And Export Controls

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    Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

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