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Commercial Contracts
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May 28, 2025
Law Firm's Suit Against AIG Unit Cut Down To Contract Claims
A Florida federal judge on Wednesday trimmed a law firm's suit claiming an AIG unit allegedly misled it into representing a sports memorabilia collector in underlying civil and criminal fraud cases without payment.
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May 28, 2025
Judge Says Nokia Might Have License In AT&T 5G Patent Case
A Texas federal magistrate judge has recommended that the Eastern District of Texas reject an Irish company's effort to defeat Nokia's argument that it couldn't have infringed a telecommunications patent because it has a license from the patent's former owner.
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May 28, 2025
Ga. Justices Uphold $1.75M Award, Despite Ex Parte Emails
The Georgia Supreme Court has upheld a $1.75 million arbitration award in a dispute between a medical provider and its contractor, finding the provider was not prejudiced by the contractor's ex parte communications with an arbitrator.
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May 28, 2025
5 Federal Circuit Clashes To Watch In June
The Federal Circuit will hear cases in June that include an attempt to revive and expand a discarded $64 million trade secrets judgment against Goodyear, and a dispute between drugmakers Acorda and Alkermes that asks when licensees who pay royalties on expired patents can get a refund in arbitration.
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May 28, 2025
Agency Says Klehr Harrison Testimony Allowed In NFL Case
A sports management company on Wednesday argued that a Pennsylvania federal court's previous sanction orders permit the testimony it is seeking from two Klehr Harrison Harvey Branzburg LLP attorneys who represented defendants in a lawsuit over an alleged attempt to poach former Detroit Lions wide receiver Kenny Golladay as a client.
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May 28, 2025
NJ Pot Shop Says Payment Processor Is Withholding Funds
A New Jersey dispensary is urging a federal court to order two electronic payment processors and a Florida bank to give back $273,820 of its money, claiming that if the cash is not released in short order the cannabis shop will become insolvent.
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May 28, 2025
Amazon Seeks To End FTC's Prime Subscription Case
Amazon and the Federal Trade Commission have both asked a Washington state federal court to hand them wins ahead of trial in the agency's case accusing the e-commerce giant of trapping consumers into Prime subscriptions.
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May 28, 2025
DOJ Says Justices' Ruling Backs Nursing Exec's Conviction
The U.S. Department of Justice is pointing to a recent U.S. Supreme Court ruling to bolster its fight against a new trial being sought by a convicted Nevada nursing home executive, saying that the new high court decision establishes that economic loss isn't needed to prove wire fraud.
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May 28, 2025
DOJ Tells Justices American Airlines Can't Renew JetBlue Pact
The federal government told the U.S. Supreme Court that the First Circuit correctly determined that American Airlines failed to prove at trial that its codeshare agreement with JetBlue in Boston and New York had procompetitive benefits, and the carrier's attempt to revive the alliance is moot anyway.
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May 28, 2025
4th Circ. Finds Towers Watson's Merger Deals Not Covered
Towers Watson's insurers have no obligation to pay out their remaining directors and officers coverage to help fund settlements resolving shareholder litigation over the company's merger with Willis, the Fourth Circuit affirmed Wednesday, saying the deals fall plainly within the scope of a so-called bump-up exclusion.
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May 28, 2025
NC BBQ Joint Roasts Flagship Over Trademark Use
A chain of fast casual barbecue restaurants in North Carolina has accused the original location of misusing the brand's trademarks to sell sauces and rubs beyond the bounds of its alleged licensing agreement, according to a newly designated state Business Court complaint.
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May 28, 2025
Ga. Lawyer Disbarred After Contract Forgery Probe
A Georgia attorney was disbarred Wednesday for altering a contract at the heart of a commercial dispute in a failed attempt to deceive a trial court, as the state supreme court rejected his defenses for his "dishonesty, fraud, and deceit."
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May 28, 2025
Wash. Court Blocks Atty From Sharing Nonparty Client's File
A Washington appeals court says an Evergreen State attorney may not disclose a client's confidential file for in-camera review to support his defense in an estate's legal malpractice case, finding the disclosure would go against the state's professional conduct rules.
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May 28, 2025
NRA President's Attys Want Out Of Election-Inspection Case
The lawyers representing the recently elected president of the National Rifle Association in a contract dispute stemming from investigations of the 2020 election are asking a Michigan federal court to excuse them from the case, after their client allegedly heard from his codefendant and stopped talking to them.
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May 28, 2025
NC Paint Co., Ex-Owners Seek Wins Over $15M Project Pullout
A North Carolina paint finishing company accused of abandoning a $15 million contract to put in a powder coating system at a forklift manufacturer's facility asked a federal judge for a pretrial win, arguing that the manufacturer has not shown its entitlement to damages.
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May 27, 2025
Fortress' Power On VLSI Board Takes Spotlight At Trial's Start
Fortress Investment Group's head of intellectual property told a Texas federal jury Tuesday that his company's overlap with investment funds that run VLSI Technology and Finjan Holdings highlights its dedication to overseeing investors' best interests, not that Fortress controls the funds.
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May 27, 2025
'Gone In 60 Seconds' IP Appeal 'Stalls At Starting Line'
A Ninth Circuit panel held Tuesday that the customized Ford Mustangs called "Eleanor" that were featured in four films — most recently in the 2000 Nicolas Cage film "Gone in 60 Seconds" — is not a copyrightable character.
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May 27, 2025
ÃÛÌÒÊÓÆµ Nixes Snap Finance Suit In Latest Enforcement Cutback
The Consumer Financial Protection Bureau on Tuesday permanently dropped its Utah federal lawsuit against Snap Finance, a lease-to-own fintech, adding to the list of Biden-era enforcement actions that the agency has walked away from under Trump-appointed leadership.
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May 27, 2025
Trader Seeks OK Of $4.7M Award Against Mexican Co.
A commodities trading company has asked a Texas federal judge to enforce a $4.7 million arbitral award against a Mexican petroleum product distributor in a dispute over the distributor's failure to satisfy its obligations as a debt guarantor for its sister company.
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May 27, 2025
Renaissance Fair Co. Says Landlord Planned 'Knock-Off' Event
The operator of a New England Renaissance fair has accused its landlord of stalling on a long-term lease extension in order to plan a "knock-off version" of the event.
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May 27, 2025
Colo. Justices Won't Hear Atty's Challenge To Law Firm NDA
The Colorado Supreme Court ruled Tuesday that it will not consider an attorney's petition fighting her nondisclosure agreement with a prominent local law firm, ending her argument that the agreement violated a professional rule prohibiting firms from limiting an attorney's ability to practice law after ending an employment relationship.
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May 27, 2025
AMS Nets $52M As 17-Year-Old Trade Secrets Case Wraps
Light sensor maker AMS has been granted a $51.7 million judgment against a rival in Texas federal court, ending a 17-year-old trade secrets case that has gone through multiple appeals and two trials.
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May 27, 2025
Judge Says Kaiser, UFCW Staffing Fight Belongs In Arbitration
A United Food and Commercial Workers local and a Colorado healthcare group affiliated with Kaiser Permanente must resolve their understaffing dispute in arbitration, a Colorado federal judge ruled Tuesday, saying the evidence presented at a six-day bench trial revealed that the fight is arbitrable.
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May 27, 2025
Stellantis, UAW Agree To Drop Dispute Over Colo. Strike Vote
Stellantis and a United Auto Workers affiliate representing the company's Denver parts distribution center have agreed to drop their dispute over a December strike authorization vote, according to a joint stipulation for dismissal filed by the parties in Colorado federal court.
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May 27, 2025
Fla. Judge Pauses Suit Over Baseball Player's Death
A Florida state court judge on Tuesday ordered a temporary halt to a lawsuit alleging medical malpractive against a Minnesota Twins physician over the death of a minor league baseball player, pausing the case while an order denying immunity for the doctor is appealed.
Expert Analysis
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Mitigating Import Risks Around Southeast Asian Solar Cells
The U.S. Department of Commerce's recent final determinations in its antidumping and countervailing duty investigations into solar cells produced in certain Southeast Asian countries make it important for U.S. purchasers to consider risk mitigation strategies, including modifying supply chains and contractually assigning import responsibilities, say attorneys at Morgan Lewis.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Tracking The Evolution Of Liability Management Exercises
As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Negotiating Triparty Hotel Agreements To Withstand Risk
Brewing economic uncertainty in the hospitality industry underscores the importance of subordination, nondisturbance and attornment agreements, and hotel managers should tightly negotiate these agreements to ensure remedies will not disturb key rights, say attorneys at Sidley.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Independent Contractor Rule Up In The Air Under New DOL
In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.
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Key Questions When Mediating Environmental Disputes
As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.