Commercial Contracts

  • March 13, 2024

    Texas Firm Sues Filevine Over Software Contract

    A personal injury law firm in Texas is seeking $300,000 in damages and court fees from Filevine Inc., alleging in a federal complaint that the company took too long in implementing a case management software platform for the sole practitioner.

  • March 13, 2024

    Patriots Owner Flags $2M Lien On 'Useless' Skydiving Facility

    The real estate business of New England Patriots owner Bob Kraft asked a Massachusetts judge to discharge a $2 million mechanic's lien on a defunct indoor wind tunnel and skydiving attraction at a shopping center next to the football team's stadium.

  • March 13, 2024

    EB-5 Suit Says Hotel Project Tricked Non-English Speakers

    A real estate investment company is facing a proposed class action in California federal court alleging it took advantage of immigrant investors' limited English by fraudulently making them agree that the company and an Embassy Suites project could keep their investments indefinitely.

  • March 12, 2024

    Manufacturer Spars With Ex-Officers Over Case Dismissal

    A polyethylene foam manufacturer says showing professional courtesy shouldn't mean it doesn't have its day in court, asking during oral arguments Tuesday for a Texas state appeals court to reverse a decision to end its case against two of its former executives for want of prosecution.

  • March 12, 2024

    Wells Fargo Can Arbitrate Cardholders' Suit, Conduent Can't

    New Mexico residents who claim Wells Fargo mishandled reports of fraud involving their state-issued debit cards will see their proposed class action claims against the bank sent to arbitration — but their claims against a third-party contractor can stay in court, a federal magistrate judge has determined.

  • March 12, 2024

    Contractor Seeks Arbitration In $3M Guam Military Base Fight

    An electrical contractor has petitioned a Guam federal court to order a California-Japanese joint venture that had hired it for a project to improve U.S. military facilities to arbitrate their dispute related to nearly $3 million in allegedly unpaid costs.

  • March 12, 2024

    Daiichi Urges Court To OK Arbitrator's Award Against Seagan

    Japanese drugmaker Daiichi Sankyo has asked a Seattle federal judge not to toss an arbitral award refusing Seagen Inc.'s claims for billions of dollars in a dispute over cancer drug patents, saying the U.S. biotech company has incorrectly lodged a petition to vacate the award.

  • March 12, 2024

    Judge Questions If Citibank Can Avoid Escrow Theft Burden

    A Washington appellate judge questioned Tuesday if Citibank and a loan servicer could escape liability after a rogue escrow agent stole nearly $1 million from a real estate company's refinancing deals, suggesting during oral arguments that the bank gets loan payments as successor lender and should bear some burden.

  • March 12, 2024

    Startup Founder's Attys Come 'Very Close' To More Sanctions

    A Colorado federal judge has said a geothermal startup founder's arguments for why one of his attorneys should not be sanctioned for discovery violations were "preposterous" and warned his lawyers that they came "very close" to being penalized again.

  • March 12, 2024

    InBev's Modelo Tells 2nd Circ. Hard Seltzer Isn't Beer

    Anheuser-Busch InBev SA's Grupo Modelo on Tuesday asked the Second Circuit to set aside a jury's finding that its trademarks weren't infringed by rival Constellation Brands when it sold hard seltzer under the Corona brand, saying badly instructed jurors were wrong in finding that it's beer, pursuant to a contract between the two companies.

  • March 12, 2024

    MV Realty Says NC AG Is Working For Real Estate Industry

    Embattled Florida-based real estate company MV Realty told the North Carolina Supreme Court the state's attorney general is "wielding the power of the state under the guise of consumer protection" to shut down the business at the behest of "entrenched real estate brokerage interests."

  • March 12, 2024

    Wash. Judge Skeptical Of Models' Strip Club Ad Claims

    A Washington federal judge seemed doubtful Tuesday of models' damages bid against a Seattle cabaret that allegedly used their images without permission, unconvinced that those who spotted the ads would truly believe such elite models worked at the "mediocre" strip club with bad Yelp ratings.

  • March 12, 2024

    Meta Alleges 'Brazenly Disloyal' Ex-Exec Stole AI Secrets

    Meta Platforms Inc. has sued a former Meta vice president in California state court, accusing the executive of "brazenly disloyal and dishonest conduct" for allegedly defecting to an artificial intelligence startup with the social media company's proprietary vendor contracts, AI "roadmaps" and employment data to recruit Meta's top talent.

  • March 12, 2024

    Court Bars Ex-Exec From Sharing Info On Co.'s Body Armor

    A North Carolina federal court granted a defense contractor's request to stop a former sales executive from sharing confidential information and export-controlled data with a foreign rival, while the court reviews the contractor's allegations.

  • March 12, 2024

    Crocs Can't Poke Holes Through IP Defamation Case

    A Colorado federal judge has refused to grant the bulk of Crocs' bid to toss a suit from a Canadian company that settled a patent dispute with the footwear maker, but agreed to trim the case by one count.

  • March 12, 2024

    Colo. Cannabis Brands Hit With $5.5M Creditor Suit

    BellRock, the cannabis company behind brands such as Mary's Medicinals and Dixie, was hit with a lawsuit seeking $5.5 million in defaulted loans, weeks after the company announced its chief executive's departure and that it is considering restructuring debt.

  • March 12, 2024

    Mich. Firms Mishandled $38M Trusts, Suit Says

    A pair of Michigan law firms didn't properly advise the trustee of a construction mogul's trusts worth more than $38 million, leading the trusts to pay excessive attorney fees, lose most of their value and miss out on tax breaks, a special fiduciary tasked with investigating the trusts' handling has alleged.

  • March 12, 2024

    $20M Coal Lease Judgment Should Stand, 10th Circ. Hears

    A coal company on Monday urged the Tenth Circuit not to disturb a $20 million judgment it was awarded in a Wyoming lease dispute over the calculation of advance royalty payments, saying the lower court got it right.

  • March 12, 2024

    DC Circ. Questions MPLX Alternatives In FERC Decision

    D.C. Circuit judges on Tuesday pressed attorneys for the Federal Energy Regulatory Commission on the agency's decision allowing crude oil transportation company MPLX to charge market rates on its Ozark Pipeline, questioning in particular how much capacity would be available on other lines if shippers needed an alternative to supracompetitive pricing.

  • March 12, 2024

    Harvard Data Fraud Report To Be Released In Libel Case

    A Harvard Business School's internal investigative report concerning data fraud allegations against a suspended professor will be made public in a defamation lawsuit against the school, a federal district judge ordered Tuesday.

  • March 12, 2024

    Pa. Property Owner Knocks Insurer's Early Win Bid

    A Pennsylvania property owner urged a federal court to reject its insurer's bid for a pretrial win, arguing that a vacancy provision in its policy is ambiguous and does not preclude coverage of the $5 million in damages it seeks following a warehouse break-in.

  • March 12, 2024

    Paul Weiss' Digital Tech Chair On AI's Promises And Perils

    While generative artificial intelligence promises to increase access to justice and kill the billable hour, we don't know how to prevent it from unleashing misinformation and disinformation on the electorate, says Katherine Forrest, a former Manhattan federal judge who is now chair of Paul Weiss Rifkind Wharton & Garrison LLP's digital technology group.

  • March 12, 2024

    6th Circ. Won't Revive Mich. Mall's Faulty Parking Lot Suit

    A general contractor is not liable for a Michigan parking lot that began to fail "mere months" after construction, the Sixth Circuit said, finding the company did not violate its contract with outlet mall chain Tanger.

  • March 11, 2024

    Film Producer Sues Director For Painting Him As 'Con Artist'

    A Hollywood producer who says he was depicted as a "con artist" in a recent Los Angeles Times article sued one of his accusers for slander, libel and breach of contract in California state court on Friday, saying the film director interviewed by the Times is on a quest to destroy his reputation.

  • March 11, 2024

    Fired Lithium Co. Co-Founder Sues To Recoup 3.25M Shares

    The former co-CEO and co-founder of a lithium fracking company sued the company in Delaware's Court of Chancery, seeking a court order that the company return 3.25 million shares of stock it allegedly repurchased from him after firing him in "bad faith."

Expert Analysis

  • What 3rd Circ. Gets Wrong About Arbitration Enforcement

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    The Third Circuit and other courts should correct their current law, exemplified by the Third Circuit's recent decision in Henry v. Wilmington Trust, requiring a motion to dismiss based on an arbitration clause because it conflicts with the Federal Arbitration Act, the Federal Rules of Civil Procedure, and — with regard to the improper-venue approach — U.S. Supreme Court precedent, says David Cinotti at Pashman Stein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Inside DOD's Final Commercial Products And Services Rule

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    The recently released final amendment of a Defense Federal Acquisition Regulation Supplement provision will help streamline negotiations over subcontracts that provide commercial products and services, but its failure to address certain key questions means government contractors must still await further guidance, say Alex Sarria and Connor Farrell at Miller & Chevalier.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Expect CFPB Flex Over Large Nonbank Payment Cos.

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    A recent enforcement action and a new rule proposal from the Consumer Financial Protection Bureau indicate a growing focus on the nonbank payment ecosystem, especially larger participants, in 2024, say Felix Shipkevich and Jessica Livingston at Shipkevich.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • IRA Monetization Energizes Clean Power Tax Credit Market

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    Recent large sales of clean energy production tax credits reflect an environment in which the Inflation Reduction Act's provisions for monetizing such credits via direct transfer — bypassing slow, costly tax equity transactions — offer opportunities for both developers and investors, says Andrew Eastman at Husch Blackwell.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Pay Attention To Contract Law Tenets Amid AI Incorporation

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    Providers of information technology products and services are rushing to market with various generative artificial intelligence-based solutions and attempting to unilaterally amend existing agreements with their customers, but parties should beware that such amendments may be one-sided, say Jeffrey Harvey and Sharon Harrington at Hunton.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • New Legal Frameworks Are Instrumental For AI In Music

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    As artificial intelligence encroaches — or complements — the deeply human art of music making, creating harmony between law and technology will require all stakeholders in the music industry to provide input on intellectual property and ethical concerns, say Ariela Benchlouch and Gai Sher at Greenspoon Marder.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

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