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Commercial Contracts
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May 05, 2025
Novartis, Incyte Settle Drug Royalty Fight On Eve Of Trial
A Manhattan federal judge put off trial on Monday in a five-year quest by Novartis to recover what it says are $500 million in missing royalties from its agreement to commercialize an Incyte compound used to treat blood cancers, with the sides announcing they reached a settlement.
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May 02, 2025
Ex-Fla. VA Center Exec Promoted App By Son's Co., OIG Says
A retired Orlando Veterans Affairs Medical Center executive violated ethics rules by trying to get the center to procure a contract for a wayfinding application developed by a company that employed her son, who stood to receive a bonus, the Office of Inspector General has said.
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May 02, 2025
Texas Marine Fuel Co. Wants Arbitration Of $5M Defect Suit
A marine fuel provider is pressing a Texas federal court to send to arbitration a French shipping company's more than $5 million breach of contract lawsuit accusing it of selling defective fuel that caused blackouts on the company's vessels.
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May 02, 2025
Miami Rental Property Sellers Want $1.5M Award Reversed
The sellers of a Miami rental property asked the Eleventh Circuit to reverse a $1.5 million judgment against them over the breakdown of a $5.45 million sale of the property, arguing that the buyer failed to prove that it had the money to pay for the property.
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May 02, 2025
Cannabis Drink Co. Accuses Stoel Rives Attorneys Of Fraud
A startup that develops nonalcoholic cannabis beers has claimed in a California state court action that attorneys from Stoel Rives LLP and others conspired on a scheme to defraud the company out of millions by allegedly trying to sell an unlicensed marijuana business.
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May 02, 2025
Venezuela Investors Win 'Unusual' Bid To Nix $1.4B Judgment
A New York federal court has allowed an "unusual" request by bondholders owed about $1.4 billion by Venezuela, granting their motion to vacate a default judgment against the country and to voluntarily dismiss their claims without prejudice.
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May 02, 2025
4 Mass. Rulings You May Have Missed In April
Some notable Massachusetts state court decisions in April wrestled with a Staples affiliate's jurisdictional challenge in an employment case, a discovery dispute in the state's greenwashing litigation against Exxon involving McKinsey & Co., and an insurer's effort to be let off the hook for representing a lawyer in a malpractice claim.
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May 02, 2025
3 Argument Sessions Benefits Attys Should Watch In May
The Eleventh Circuit will hear arguments from former seafood company workers who say they were overcharged when they purchased their employer’s stock, while the Sixth Circuit tackles appeals from Kellogg and FedEx retirees who say they were shorted on benefits because of outdated mortality data. Here’s three arguments to keep an eye on in May.
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May 02, 2025
FIFA Seeks Fees After Citation Mistakes In Antitrust Case
FIFA is demanding attorney fees from plaintiffs for misusing artificial intelligence in an antitrust suit against the soccer federation in Puerto Rico, with a formatting error revealing that it is seeking more than $50,000 for work performed by Paul Weiss Rifkind Wharton & Garrison LLP and a local firm, according to court documents.
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May 02, 2025
Sidley Adds 10 A&O Shearman Attys In DC, NY, Singapore
Sidley Austin LLP has hired 10 attorneys from Allen Overy Shearman Sterling in New York, Washington, D.C., and Singapore, including the U.S. leader of the firm's financial services regulatory group.
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May 02, 2025
Conn. AG Scuttles Nursing School Suit After $5M Student Deal
The state of Connecticut has formally withdrawn an unfair trade practices lawsuit against defunct nursing school Stone Academy after the facility penned a $5 million deal for students and the state attorney general vowed not to seek additional penalties from the shuttered entity.
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May 02, 2025
Off The Bench: DC Stadium, BetMGM Victory, Transfer Rules
In this week's Off The Bench, the Washington Commanders strike a deal to build a new stadium in D.C., BetMGM fends off a consumer fraud suit targeting its gambling promotion efforts and a Rutgers University football player scores another win against the NCAA's transfer rules.
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May 02, 2025
Ga. Law Firm Settles Contract Suit With Recruiting Company
Atlanta law firm Mozley Finlayson & Loggins LLP has dismissed its suit against recruiting company Frederick Fox LLC, permanently ending its allegations that Frederick Fox was in breach of contract for refusing to refund a placement fee of more than $36,000 when its candidate quickly left his role.
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May 02, 2025
NC Farmers Say Fight With Crop Insurer Must Stay In Court
A suit by six tobacco farmers lodging tort claims against their crop insurer should proceed in state court, they told a North Carolina appeals court, arguing that an arbitration provision in their policy applies only to disputes over a coverage determination.
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May 02, 2025
Colorado Investor, Ex-Counsel Trade Blows In Malpractice Suit
A Colorado real estate investor and Fox Rothschild LLP have filed a flurry of motions in a legal malpractice suit, with the investor requesting that the firm be found liable for damages amid its representation in an underlying fight over a soured development deal, and the firm contending the investor abandoned a claim over attorney fees.
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May 02, 2025
Software Cos. Settle Tech Investors' Fraud, Contract Claims
A technology entrepreneur and his companies settled two investors' fraud and breach of contract claims arising from a soured business deal for a software project that got $150,000 of funding and then was not near completion months after the investors said they put their money behind the idea.
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May 01, 2025
FTC, Nevada Accuse Trading Training Biz Of $1.2B Scam
The Federal Trade Commission and Nevada on Thursday filed suit in federal court against an investment training company they alleged scammed more than $1.2 billion out of consumers, mostly young adults, by selling trading courses taught by "bogus" instructors and encouraging consumers to participate in a multi-level marketing scheme.
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May 01, 2025
Claims Against Attys In $2.6B Casino Merger Row Get Tossed
A Manhattan federal judge on Thursday permanently ended claims a real estate investor in a botched $2.6 billion Philippine casino deal brought against attorneys from Sadis & Goldberg LLP, finding that claims that they allowed a fraud to unfold and breached their fiduciary duties were too vague.
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May 01, 2025
DC Circ. Doubts Venezuelan State Oil Co. In Asset Seizure Suit
The D.C. Circuit was having a hard time Thursday with a Venezuelan state-owned oil company's arguments that it should be allowed out of a nearly 14-year-old suit brought by an Oklahoma-based petroleum drilling company that claims its drilling rigs were illegally seized by the state.
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May 01, 2025
Aetna And Humana Accused Of Medicare Kickbacks And Bias
The federal government brought a bombshell False Claims Act suit Thursday against Aetna, Elevance and Humana, claiming the insurers paid hundreds of millions of dollars in illegal kickbacks to brokers in exchange for enrollments into their Medicare Advantage plans, with Humana and Aetna also accused of discriminating against disabled beneficiaries.
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May 01, 2025
Fla. Panel Reverses Default Judgment In Prized Horses Suit
A Florida appeals court Wednesday reversed a default judgment against a show horse owner in a dispute with investors, ruling that the court jumped the gun on the judgment after learning the owner faked brain cancer treatment to get preferred hearing dates.
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May 01, 2025
Fla. Appeals Court Puts Condo Damage Suit To Bed
A Florida state appeals court upheld the dismissal of a condo's Hurricane Irma damage lawsuit against a Florida entity created to handle the claims for insolvent insurers, finding it was time-barred.
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May 01, 2025
Soccer Club Spars Over Evidence As Stadium Trial Looms
An Oklahoma soccer team suing the National Premier Soccer League for breach of contract argued that the trial court should allow evidence showing that it lost revenue after the organization refused to allow access to a local stadium for its home games.
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May 01, 2025
Chancery Finds Contract Bars Appeal In Med Co. Merger
Private equity-tilted limited liability company contract terms beat minority investor challenges to the fairness of the $8.9 billion merger in January 2023 that joined Summit Health-CityMD and VillageMD, a Delaware vice chancellor ruled late Wednesday.
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May 01, 2025
Army Contractor Seeks $1.3M Over Undelivered Cable Sets
A U.S. Army contractor sued a custom cable manufacturer in Texas federal court Thursday, alleging that it is owed more than $1.3 million for specialized cable sets that were never delivered.
Expert Analysis
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Gas Contract Fight Holds Lessons On Force Majeure Clauses
Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.
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Art Fraud Cases Highlight Importance Of Due Diligence
Recent high-profile art fraud cases provide a helpful reminder that a healthy skepticism can prevent prospective buyers from becoming victims, and that lawyers can take steps to help safeguard their clients, say attorneys at Arnold & Porter.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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A Deep Dive Into Singapore's New Int'l Arbitration Rules
The latest revisions to the Singapore International Arbitration Centre's rules, effective as of Jan. 1, contain numerous innovative and industry-leading updates, including new rules on coordinated and emergency procedures, and third-party funding, say attorneys at WilmerHale.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Trump Likely To Prioritize Trade, Customs Fraud Enforcement
With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.
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Recent Suits Show Antitrust Agencies' Focus On HSR Review
The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Private-Bidding Compliance Lessons From Siemens Plea Deal
Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.
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FTC Report On AI Sector Illuminates Future Enforcement
The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.