Commercial Contracts

  • January 27, 2022

    Justices Asked To Mull Circuit Split On Lanham Act's Reach

    Hetronic Germany GmbH is asking the U.S. Supreme Court to weigh in on a $113 million trademark fight over radio control systems against a former U.S. partner, in a case that may address for the first time whether the Lanham Act's scope extends outside the U.S.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Genworth Policyholders Ask Chancery For $1.55B Escrow

    A group of policyholders who allege that Genworth Financial Inc. sabotaged the value of their long-term care policies through fraudulent asset transfers has asked the insurance company to set aside $1.55 billion for damages they are seeking in a Delaware Chancery Court class action.

  • January 27, 2022

    Apple, Gibson Dunn Beat COVID App Maker's Sanction Bid

    An app developer waited too long to request sanctions against Apple Inc. and its counsel Gibson Dunn & Crutcher LLP for their alleged conduct in a now-dismissed lawsuit accusing Apple of blocking competing coronavirus-tracking apps from its App Store, a California federal judge ruled Wednesday.

  • January 27, 2022

    Apple Can't Hide Behind Privacy In Epic Fight, 9th Circ. Told

    Nearly 40 law, business and economics academics urged the Ninth Circuit on Thursday to upend Apple's win over Epic Games' allegations that the technology giant's App Store policies are anti-competitive, arguing the judge wrongly accepted Apple's justifications that restrictions on third-party app distribution are necessary to protect users.

  • January 27, 2022

    Stormy Daniels Tells Jury Avenatti Lied And Stole From Her

    Former Michael Avenatti client Stormy Daniels took the witness stand Thursday in the criminal case accusing the celebrity lawyer of defrauding the adult film actress out of hundreds of thousands of dollars from a book deal, saying Avenatti "stole from me and lied to me."

  • January 27, 2022

    Former Refinery Owner Reaches Deal In Ch. 11 Insurance Row

    The former owner of a Philadelphia oil refinery that suffered a catastrophic explosion in 2019 has reached a deal to resolve a dispute with insurers over coverage for the property damage sustained in the blast and ensuing fire.

  • January 27, 2022

    5th Circ. Affirms $2.1M Atty Fee Fight Doesn't Belong In Texas

    A Fifth Circuit panel on Thursday affirmed a Texas federal judge's decision to dismiss a Houston personal injury law firm's $2.1 million referral fee lawsuit against an Ohio law firm, agreeing that answering one unsolicited email didn't subject the Buckeye State firm to Lone Star State law.

  • January 27, 2022

    Real Estate Broker Hits Cannabis Co. 4Front With $19M Suit

    Real estate broker Savills Inc. sued cannabis company 4Front Ventures in New York federal court Thursday, claiming it put together a deal with over $129 million in government incentives for a new Illinois facility but 4Front hasn't paid it millions in fees they contracted for.

  • January 27, 2022

    SymBiosis Claims Biotech Firm's Fraud Led To Its Investment

    An interest of venture capital fund SymBiosis Capital Management LLC has sued in Delaware Chancery Court to reclaim its multimillion-dollar share of a $75.5 million investment round conducted by Platelet Biogenesis Inc., accusing the biotech business of inducing the deal through fraud.

  • January 27, 2022

    Ga. Atty Says Eleventh-Hour Call Backs Client-Stealing Claims

    A Georgia medical malpractice attorney urged a state judge on Thursday to keep alive his client-stealing case over the end of a multimillion-dollar co-counsel partnership, citing an overnight conversation with a former client who claimed to have been turned against him.

  • January 27, 2022

    Offit Kurman Welcomes Health Care Atty To Harrisburg Office

    An attorney specializing in health care law has joined Offit Kurman Attorneys at Law's Harrisburg, Pennsylvania, office to expand services available to her clients.

  • January 27, 2022

    Robinhood Defeats Investors' 'Meme Stock' Claims

    Robinhood on Thursday defeated claims that it wrongly blocked investors from buying "meme stocks" during last year's market volatility, with a Florida federal court finding the stock-trading platform acted within the scope of its customer agreement.

  • January 27, 2022

    Ex-V&E Gov't Contracts Co-Chair Jumps To McDermott

    A former Vinson & Elkins LLP partner is moving to McDermott Will & Emery LLP to take the reins of the firm's government contracts practice.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    Attys Get $2.7M Of $12M Wells Fargo Mortgage Glitch Deal

    Attorneys representing Wells Fargo home loan customers will receive a $2.7 million fee for their work on a class action over technical glitches affecting the bank's automated mortgage loan modification tools.

  • January 26, 2022

    Insurers Beat Virus Suit In NJ As Property Damage Is Absent

    A New Jersey state judge ruled Wednesday that the lack of property damage torpedoed a bid from hospitality and recreational companies to obtain up to $490 million in coverage from excess insurers for losses related to the coronavirus outbreak.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    Fla. Judge Vacates Arbitration Award Over Deposition Texting

    A Florida federal judge has vacated an arbitration award and threatened to grant NuVasive Inc. a default win in its suit against medical device distributor Absolute Medical after learning that the company's president texted another defendant repeatedly during a remote deposition in the arbitration proceeding.

  • January 26, 2022

    California Atty Tells Jury Avenatti Hounded Him For Cash

    A onetime attorney friend of Michael Avenatti on Wednesday testified how the embattled celebrity lawyer was desperate for cash in the fall of 2018 and ultimately secured a loan from fellow attorney Mark Geragos, in the final months of Avenatti's representation of adult film actress Stormy Daniels.

  • January 26, 2022

    Hemp Seed Co. Sues Grower Over $3M Delivery Dispute

    A cannabis seed company has sued a Nevada hemp grower in Oregon federal court over claims that it broke its promise to accept the entirety of a nearly $3 million seed order.

  • January 26, 2022

    DC Circ. Backs FERC In Phillips 66 Pipeline Access Fight

    The D.C. Circuit Court sided with the Federal Energy Regulatory Commission, finding that it had properly rejected a propane supplier's claims that Phillips 66 Co. was unlawfully denying the supplier access to its 688-mile Blue Line pipeline.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

Expert Analysis

  • Opinion

    Biden FRAND Policy Will Help Protect Competition

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    The Biden administration's recently issued draft policy statement on licensing negotiations and remedies for standard-essential patents subject to voluntary fair, reasonable and nondiscriminatory terms is a welcome departure from the previous U.S. Department of Justice's flawed approach to navigating the intersection of antitrust and intellectual property, says Timothy Muris at Sidley.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • Online Subscriptions Face New Calif. Arbitration Standard

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    After a California state appeals court's recent ruling in Sellers v. JustAnswer against a website's so-called sign-in-wrap agreement that bound consumers to individual arbitration, companies offering recurring subscriptions to California consumers should reevaluate their enrollment processes, says Joseph Addiego at Davis Wright.

  • Lessons From Moderna's COVID Vaccine Patent Dispute

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    The National Institutes of Health's legal battle over Moderna's COVID-19 vaccine patent application highlights the unwelcome complications that can ensue when businesses collaborate in developing products, and the importance of best practices in naming inventors, says William Honaker at Dickinson Wright.

  • Libor Isn't Only Benchmark Transition That Requires Attention

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    The final publication of the Eleventh District Cost of Funds Index, used to price adjustable-rate mortgages, is less than two weeks away, and demands the same kind of commitment and process that has gone into replacing Libor to avoid costly delays and litigation, says Jeffrey Armstrong at Berkeley Research Group.

  • Make-Whole Claim Lessons From Hertz Bankruptcy Ruling

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    After the Delaware bankruptcy court's recent decision in Wells Fargo v. Hertz, courts may continue to hear the assertion that early payoff premiums constitute unmatured interest, which could shape best practices in formulating make-whole clauses to avoid such arguments, say attorneys at Mayer Brown.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • Biden's Antitrust Shift May Play Out On The Golf Course

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    The Biden administration's tougher stance on antitrust enforcement could bring about changes in professional golf, particularly restrictions on non-PGA tournaments and broadcasts, says Tad Lipsky at George Mason University.

  • Key Contract Lessons In Del. Justices' Hotel Deal Ruling

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    The Delaware Supreme Court recently ruled in AB Stabile v. MAPS Hotels that a Chinese financial conglomerate breached a hotel sale agreement's standard ordinary course covenant, providing significant insight on the meaning and application of these contracts, and the need for consent on material changes prior to closing, say attorneys at Quinn Emanuel.

  • 5 Advertising Law Trends To Watch

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    For the world of advertising, 2022 will bring new compliance challenges and considerations shaped by legal developments in everything from nonfungible-token commerce in the metaverse to the ever-growing impact of social media on young users, say Jason Gordon and Deborah Bessner at Reed Smith.

  • 6 Months On, Liability Lessons From Surfside Condo Collapse

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    The collapse of the Champlain South Tower in Surfside, Florida, and the ongoing litigation that has followed serve as a wakeup call to engineers and contractors, who should review best practices for communicating warning signs and negotiating liability-limiting contract clauses, says Adrien Pickard at Shapiro Lifschitz.

  • M&A Ruling Illustrates Limits Of Disclaiming Fraud In Del.

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    The Delaware Chancery Court's recent ruling in Fortis Advisors v. Johnson & Johnson shows that parties negotiating M&A transactions should be mindful that extracontractual fraud claims may only be eliminated through explicit anti-reliance provisions, say attorneys at Troutman Pepper.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

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