Commercial Contracts

  • April 01, 2020

    Loan Servicer Delays Seizing Rent From Pittsburgh Mall

    The company servicing a loan for a suburban Pittsburgh strip mall agreed to delay a "cash sweep" action until at least mid-May after the owners of North Hills Village complained that the seizure of tenants' rents to repay the loan could shut the center down amid the coronavirus pandemic.

  • April 01, 2020

    Wells Fargo Agrees To Pay $18.5M To End Mortgage Claims

    Wells Fargo has agreed to pay $18.5 million to settle claims that it denied loan modifications to eligible mortgage borrowers, according to a preliminary settlement agreement filed in California federal court.

  • April 01, 2020

    Adidas Emails Won't Help Apparel Co. In Contract Row

    Newly surfaced Adidas internal emails are not enough to sway a New York federal judge into reviving a streetwear company’s $50 million breach of contract claim against the sportswear giant, according to a Tuesday order.

  • April 01, 2020

    Driller Says Staffing Service's Inept Workers Made $1M Error

    A petroleum industry staffing service sent a drilling company unqualified workers who drilled a well in the wrong place, a $1 million mistake that the service should pay for, the company has alleged in California federal court.

  • April 01, 2020

    Agent Sues NFL Player Over Unpaid Loans, Lucrative Deals

    An NFL agent is suing Derrius Guice for $500,000 for fraud and breach of contract, accusing the Washington running back of refusing to pay back loans and cough up a cut of the lucrative sponsorship deals the agent negotiated on his behalf.

  • March 31, 2020

    NBA Star Told Discovery Must Wait In NC Ex-Agent Suit

    A North Carolina federal judge on Tuesday rejected former No. 1 NBA draft pick Zion Williamson's bid to start discovery in a lawsuit seeking to get out of a marketing deal as his former agent pursues a parallel opposing lawsuit in Florida state court.

  • March 31, 2020

    Atty For NRA Can't Sue Family Biz, Ad Agency Says

    An ad agency embroiled in a bitter fight with the National Rifle Association made a move to disqualify the NRA's attorney because of family ties to the agency's CEO.

  • March 31, 2020

    Nelson Mullins Gets Experienced Litigator In Boca Raton

    Nelson Mullins Broad & Cassel has snagged a commercial litigation expert as partner in its Boca Raton, Florida, office, according to a press release from the firm. 

  • March 31, 2020

    Convicted Mortgage Broker Sues Ex-Atty For Sleeping At Trial

    A Pennsylvania man convicted of brokering millions of dollars in fraudulent mortgages sued his former attorney in state court Monday, claiming that Stanton Levenson had violated their contract by sleeping through parts of the 2016 trial.

  • March 31, 2020

    Judge Won’t Block Robinhood's Communications With Users

    A Florida federal judge said Tuesday that she won’t block online trading app Robinhood from sending what a user calls “misleading communications to prospective class members,” because the user failed to provide enough evidence to warrant the injunction.

  • March 31, 2020

    Gaming Co. Says Jackson Lewis Can't Collect Fee 'Windfall'

    A now-closed gaming terminal company has said that an Illinois state judge should vacate a $328,000 judgment against it and prevent Jackson Lewis PC from collecting a "windfall" of attorney fees based on a legally unenforceable engagement letter and unsupported charges.

  • March 31, 2020

    German Car Cos. Dodge 'No Arms Race' Conspiracy Claims

    A California federal judge on Tuesday scuttled multidistrict litigation alleging German auto giants ran a decadelong "no arms race" conspiracy to tightly control vehicle specifications, saying the plaintiffs haven't spelled out any U.S. antitrust law violations, but they'll have another shot to revise their claims.

  • March 31, 2020

    Chancery OKs COVID-Related Delay In Reinsurer Rehab Plan

    Delaware's Chancellor on Tuesday extended the deadline for a receiver’s plan to rehabilitate reinsurer Scottish Re (US) Inc. or pivot to liquidation following a report that crucial interest rate and insurer mortality assumptions have taken a grim, COVID-19-related turn.

  • March 31, 2020

    DSI Renal's Trustee Has $675M Clawback Damages Limited

    A Delaware bankruptcy judge on Monday limited the amount of damages able to be clawed back by the Chapter 7 trustee of DSI Renal Holdings LLC, who was seeking more than $675 million related to a 2010 restructuring transaction that allegedly walled off assets for a 2011 sale.

  • March 31, 2020

    Ukraine Oil Co. Can't Escape $147M Award In UK Court

    A London judge declined Tuesday to set aside an order enforcing a $147 million arbitral award issued to a U.S.-based Kuwait Energy subsidiary, saying the arguments of a Ukrainian oil company fighting the award had already been heard in other proceedings.

  • March 31, 2020

    Synchrony Wins Toss Of Investor Suit Over Walmart Exit

    Synchrony Financial won a permanent end Tuesday to an investor suit over underwriting practices that allegedly resulted in the termination of its long-standing relationship with Walmart after a Connecticut federal judge ruled that the shareholders hadn't shown that the credit card provider had misled them.

  • March 31, 2020

    Israeli Firearm Co. Founders Want Out Of Libel Dispute

    Two brothers who founded the Israeli firearm accessories maker CAA Industries Ltd. told a Florida federal court on Tuesday that Florida company ME Technology Inc. didn't properly serve them in its libel suit alleging that CAA sent a damaging letter to ME Technology's customers.

  • March 31, 2020

    BNSF Asks 9th Circ. To Rethink Tribe's Oil Shipping Win

    BNSF Railway Co. has urged the Ninth Circuit to revisit a ruling that the Swinomish Indian Tribal Community can try to block the company’s increase in oil shipments across reservation land, saying that the Surface Transportation Board alone can regulate the railroad’s common carrier responsibilities.

  • March 31, 2020

    Law Firm Pay Cuts, Layoffs Will Likely Multiply

    As Cadwalader pauses partner distributions and cuts staff pay and Pryor Cashman furloughs associates, a slew of other firms are likely to follow suit as the legal industry goes into crisis mode to weather the economic storm caused by COVID-19.

  • March 31, 2020

    11th Circ. Pops Appeal Of Beach Ball Injury Insurance Suit

    The Eleventh Circuit has shot down an appeal by a Florida nightclub looking to force its insurer to defend it in a suit alleging a patron was injured by a large beach ball, saying the insurance policy clearly excludes injuries related to "amusement devices" like the ball.

  • March 31, 2020

    Texas Court Upholds Firm's $480K Fee Win In Contract Spat

    A Texas appellate court on Tuesday affirmed a $480,000 jury verdict for law firm Ashby LLP against a former client that had tried to block enforcement of a 40% contingency fee agreement.

  • March 31, 2020

    9th Circ. Lifts Stay In Soured IVF Center Deal Dispute

    The Ninth Circuit has lifted a temporary stay of a subpoena issued to the former owner of a Chinese hospital, forcing her to turn over information to be used in arbitration and litigation in China by investors who claim they were wrongfully ousted from an in vitro fertilization clinic venture.

  • March 31, 2020

    ArcelorMittal Can't Get Freezing Order In $1.5B Award Fight

    An English judge has refused to issue a worldwide freezing order against the parent company of Essar Steel Ltd. and members of the family that founded the Essar group, as steelmaker ArcelorMittal USA LLC looks to enforce a $1.5 billion arbitral award stemming from a soured supply agreement.

  • March 31, 2020

    Kirkland Atty Can't Ditch Malpractice Suit Over Loan Docs

    A New Jersey federal judge has ordered that a Kirkland & Ellis LLP attorney face a malpractice lawsuit alleging that loan documents that purportedly included a forged signature caused a former client to take on millions in debt.

  • March 30, 2020

    Father-Son Investors Owe $93M For Bankrupting Energy Co.

    A Missouri federal judge entered a $93 million judgment Friday against a father-son investment duo who a jury found forced the bankruptcy of a company that makes anti-corrosive coatings for oil pipelines so they could take its intellectual property.

Expert Analysis

  • Opinion

    Congress Must Bolster Bias Remedies After Comcast Ruling

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    The U.S. Supreme Court’s Comcast v. National Association of African American-Owned Media ruling still allows plaintiffs to fight summary judgment in discrimination cases, but Congress must step in to ensure their ability to win relief at trial, says Michael Lieder at Mehri & Skalet.

  • What COVID-19 Means For Calif. Real Estate And Use Permits

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    In California, the coronavirus pandemic and the state's response have raised important questions for those involved in pending or approved construction projects, as well as existing businesses that require modification or emergency funding, say Stephanie Smith and Avneet Sidhu at Grid Legal.

  • Telehealth During COVID-19: New Rules And Considerations

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    Changes in federal and state regulations are expanding access to remote health care in response to the COVID-19 crisis, and health care providers need to be thinking about licensure, how to establish valid practitioner-patient relationships, prescribing authority, technology requirements and more, say attorneys at Arnold & Porter.

  • Confronting The Challenges Of Virtual Mediation

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    Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

  • Opinion

    Remote Notarization Bill Will Help Save The Economy

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    The Securing and Enabling Commerce Using Remote and Electronic Notarization Act recently proposed in Congress should be enacted as soon as possible because it will remove antiquated barriers to conducting business transactions and protect people from COVID-19 and other diseases, says Scott Rahn at RMO.

  • 3 Steps To Building Effective Teams While On Lockdown

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    When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

  • NY Fraud Ruling Shows High Bar To Prove Director Liability

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    Although the New York Supreme Court Commercial Division's decision in Acacia Investments v. West End Equity I leaves the door open for recovery against entities that receive fraudulent transfers of assets, the ruling demonstrates the high bar for proving individual directors were at fault in fraudulent conveyance claims, say Robert Quirk and Muhammad Faridi at Patterson Belknap.

  • How Cyber Cases Can Inform COVID-19 Business Litigation

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    Businesses hoping to understand their COVID-19 litigation risks, including those involving the impracticability of contracts due to shutdowns, can learn from recent complicated privacy and data litigation, says Christopher Ott at Rothwell Figg.

  • Tokyo Olympics Move May Spark Wave Of Contract Litigation

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    The postponement of the 2020 Tokyo Olympics due to COVID-19 will likely lead to numerous contract claims from and against advertisers, sponsors, travelers, entertainers, service and technology providers, and other entities, say attorneys at Crowell & Moring.

  • Client Advocacy Tips For Remote Hearings During COVID-19

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    As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

  • How To Conduct Depositions Remotely

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    Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

  • COVID-19 Raises Unique Issues For Health, Life Sciences Cos.

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    Health care and life sciences companies are in the difficult position of being unable to suspend operations amid the coronavirus crisis, and must face new patient privacy, contract obligation and federal regulation challenges, say attorneys at Debevoise.

  • How Hollywood COVID-19 Force Majeure Claims May Play Out

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    Force majeure issues in the entertainment industry are increasingly likely to be litigated, as more productions and contracts are affected by the coronavirus, but not all related production issues will be covered under force majeure provisions, say Lee Brenner and Adam Kwon at Venable.

  • Collaboration Is Key For Entertainment Cos. In Virus Era

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    As professional sports leagues and the live music industry shutter in response to COVID-19, commercial parties should keep in mind the importance of working together, given that they rely on long-term relationships, joint ventures, positive branding and reputation, say attorneys at Hogan Lovells.

  • Tackling Uncertainty In Pandemic-Related Int'l Disputes

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    Parties to cross-border transactions must consider that legal concepts with varying meanings across diverse jurisdictions may be applicable in contract disputes stemming from the coronavirus — and boilerplate force majeure language will not be enough, say Luis Perez and Alejandro Chevalier at Akerman.

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