Commercial Contracts

  • 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.

  • July 16, 2024

    EB-5 Investors Seek Sanctions Over 'Flight Risk' Defendant Info

    Two dozen Chinese investors who alleged that $13.2 million worth of their investments in a Hawaii resort went missing has urged an Illinois federal judge to sanction developers for not giving them important case information, including contact information for one defendant who they said is an "obvious flight risk."

  • July 16, 2024

    Complex Knew Of Rust Before CO Leak, Dallas Jury Hears

    A worker told a Dallas jury via video Tuesday that he identified rust and corrosion on an apartment complex boiler's vent pipe a year before a carbon monoxide leak left two children with debilitating conditions, closing the second day of a trial over the property owner's culpability in the incident.

  • July 16, 2024

    Praying Coach's School Faces Skeptical Judge In Fee Fight

    A Washington state appellate judge struggled Tuesday to follow a school district's argument that its insurer should cover a nearly $1.8 million legal bill for a praying football coach's U.S. Supreme Court win, pointing to a policy exclusion for certain adverse judgments.

Expert Analysis

  • 2 Rulings Serve As Conversion Fee Warnings For Banks

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    A comparison of the different outcomes in Wright v. Capital One in a Virginia federal court, and in Guerrero v. Bank of America in a North Carolina Federal Court, highlights how banks must be careful in describing how currency exchange fees and charges are determined in their customer agreements, say attorneys at Weiner Brodsky.

  • Expect CFPB To Enforce Warning Against 'Coercive' Fine Print

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    The recent Consumer Financial Protection Bureau warning against unenforceable terms "deceptively" slipped into the fine print of contracts will likely be challenged in court, but until then, companies should expect the agency to treat its guidance as law and must carefully scrutinize their consumer contracts, say attorneys at Ballard Spahr.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Leveling Up IP Protections For Video Game Icons' Film Debuts

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    Video game creators venturing into new realms of entertainment that include their iconic characters, such as television and film adaptations, should take specific steps to strengthen their intellectual property rights, say Joshua Weigensberg and Parmida Enkeshafi at Pryor Cashman.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Mitigating Risks Amid 10-Year Sanctions Enforcement Window

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    In response to recent legislation, which doubles the statute of limitations for actions related to certain U.S. sanctions and provides regulators greater opportunity to investigate possible violations, companies should take specific steps to account for the increased civil and criminal enforcement risk, say attorneys at Freshfields.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • Keys To Strong Parking, Storage Contracts For NYC Buildings

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    Drafting and enforcing unambiguous parking and storage unit license agreements are essential tasks for co-op and condo boards in New York City, with recent cases highlighting how prudent terms can minimize potential headaches, says Matthew Eiben at Rosenberg & Estis.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Series

    After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy

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    While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.

  • Expect The Unexpected: Contracts For Underground Projects

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    Recent challenges encountered by the Mountain Valley Pipeline project underscore the importance of drafting contracts for underground construction to account for unexpected site conditions, associated risks and compliance with applicable laws, say Jill Jaffe and Brenda Lin at Nossaman.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

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