Commercial Contracts

  • December 05, 2023

    Trump's Broker & Club Member Touts Mar-A-Lago's $1B Value

    A Florida real estate broker and member of Donald Trump's Mar-a-Lago club took the stand Tuesday in New York state court to defend the former president's valuation of the property, saying it was worth more than $1 billion based on his billions in sales experience and "gut" feelings.

  • December 05, 2023

    1st Circ. Revives Fight Over Liberace's Rhinestone Piano

    Liberace's rhinestone-encrusted concert piano once again found itself in the limelight when the First Circuit held that a district court wrongly tossed the Gibson Foundation's suit accusing a piano store of refusing to return the piano after Gibson entrusted it with warehousing the instrument.

  • December 05, 2023

    Seattle High-Rise Critics Slam 'Nonsensical' Permit Argument

    An attorney for two Seattle groups suing over the city's approval of a downtown waterfront high-rise told Washington state appellate judges on Tuesday that the developer's position was "totally nonsensical," arguing they shouldn't have been required to contest the permitting approval before it was finalized.

  • December 05, 2023

    9th Circ. Throws Out Tinder Age Bias Settlement Again

    The Ninth Circuit held Tuesday that a revised $5.2 million settlement between Tinder and users accusing it of age bias still doesn't hold up, ruling that the class representative has a conflict of interest and failed to vigorously litigate on behalf of the proposed class before agreeing to the deal.

  • December 05, 2023

    Lending Co. Best Egg Looks To Arbitrate Predatory Loans Suit

    Online lender Best Egg has moved to compel arbitration of a proposed class action accusing the company of raking in millions of dollars by charging borrowers unlawfully high interest rates, arguing the plaintiffs "indisputably assented" to loan agreements containing arbitration provisions.

  • December 05, 2023

    Calif. Justice Asks 'What's Consumer To Do?' In Lemon Fight

    California Supreme Court justices on Tuesday doubted Chrysler's arguments that a consumer who traded her lemon vehicle with a third party must deduct its trade-in value from restitution she's entitled to under the Song-Beverly Act, noting Chrysler repeatedly refused to buy back her Jeep, with one justice asking, "What's the consumer to do?"

  • December 05, 2023

    Judges 'Troubled' By Trial Rulings For Denver Cheese Co.

    A panel of Colorado appellate judges expressed concerns Tuesday about a trial court's handling of a family fight that threatened dissolution of a $5 billion cheese company, with one judge saying she was "troubled" by a jury instruction that seemed to favor the company.

  • December 05, 2023

    Laos Can't Sue In US For $3M Arbitral Awards, Investor Says

    An American businessperson and his investment firms are hoping to escape paying a $3 million tab tied to an ill-fated casino venture in a lawsuit leveled by the government of Laos to enforce two international arbitration awards, arguing that the federal court in the Northern Mariana Islands lacks jurisdiction in the dispute.

  • December 05, 2023

    Boston Globe May Get Limited Docs In Spat With Ousted Exec

    A judge on Tuesday hinted that the Boston Globe may be entitled to some but not all prior employment records of an ousted executive related to allegedly unapproved expenditures, as the newspaper fights claims of failing to pay wages and retaliation.

  • December 05, 2023

    NC Court Thaws Spending Freeze For Beset Insurance Mogul

    The North Carolina Court of Appeals shredded orders Tuesday that kept an embattled insurance mogul from receiving and spending companies' money, reasoning an insurer didn't take the required step to collect on a more than $524 million judgment before asking a court to stop his cash flow.

  • December 05, 2023

    Car Service Co. Accused Of Selling Noncompliant Contracts

    A Spokane, Washington, woman has lodged a putative class action accusing a vehicle service contract provider and its insurer of violating state law by illegally selling and issuing noncompliant service contracts and protection product guarantees to Washington state customers.

  • December 05, 2023

    Drug Co. Aceragen OK'd For Chancery-Overseen Liquidation

    Biopharmaceutical company Aceragen Inc. secured a Delaware Court of Chancery go-ahead for its bankruptcy-alternative liquidation under a court-supervised assignment for the benefit of creditors in favor of a NovaQuest Capital Management affiliate.

  • December 05, 2023

    COVERAGE RECAP: Day 40 Of Trump's NY Civil Fraud Trial

    Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from day 40.

  • December 04, 2023

    Abercrombie Ex-CEO Sues For Fees In NY Sex Trafficking Suit

    Abercrombie & Fitch's former CEO Michael Jeffries on Monday sued the apparel retailer in Delaware state court alleging it won't pay an advancement for fees he has incurred fending off a putative class action in New York accusing him of running a sex trafficking ring to abuse young male models.

  • December 04, 2023

    Wash. Judge Nixes HDT's $950M mRNA Vax Trade Secrets Suit

    A Washington federal judge has thrown out Seattle-based biotechnology company HDT Bio's nearly billion-dollar lawsuit accusing an Indian pharmaceutical firm of ripping off its mRNA platform to develop a new COVID-19 vaccine, at least for now, a docket entry showed Monday.

  • December 04, 2023

    Dickinson Wright Adds Lewis Brisbois IP Atty In Denver

    Dickinson Wright PLLC bolstered its intellectual property and commercial litigation practice through the addition of a member at its new Denver office from Lewis Brisbois Bisgaard & Smith LLP, the firm announced Monday.

  • December 04, 2023

    Man Who Says He Invented Post-It Notes Files $1.7B Suit

    An inventor has filed a lawsuit in New York federal court alleging that 3M has made disparaging comments about him regarding the inventorship of the Post-it note, saying he's owed $1.7 billion.

  • December 04, 2023

    Seagen Looks To Revive Cancer Drug Claims In Daiichi Fight

    U.S. biotech company Seagen Inc. will look to revive its claims seeking billions of dollars in damages in a dispute with Japanese drugmaker Daiichi Sankyo Co. Ltd. over cancer drug patents, arguing that an arbitrator disregarded the "language and essence" of an underlying collaboration agreement.

  • December 04, 2023

    Trump Seeks NY High Court Review Of Fraud Trial Gag Orders

    Former President Donald Trump on Monday sought to have New York's highest court review his appeal of the reinstatement of gag orders in the civil fraud trial over the state's claims that he defrauded banks and insurers by falsely inflating his net worth.

  • December 04, 2023

    PE Firm Says Colo. Atty Siphoned $14K Settlement Payment

    ASI Capital LLC filed a lawsuit Monday in a Denver district court accusing its former attorney, Armin Sharifi of the Colorado Law Center LLC, of siphoning $14,000 in delinquent payments, which were meant for the Wyoming private equity firm, to support a substance abuse problem.

  • December 04, 2023

    Alon Tells 9th Circ. Sanctions Needed In Gas Price-Fixing Win

    An attorney for Alon USA Energy urged the Ninth Circuit on Monday to reverse a lower court's ruling that denied the company sanctions in two gasoline price-fixing suits it ultimately won on summary judgment, saying the evidence shows the plaintiffs knew for years the allegations against Alon were false.

  • December 04, 2023

    What's At Stake As Calif. High Court Hears 'Lemon Law' Battle

    The California Supreme Court will hear oral arguments Tuesday in a case that could resolve an appellate court split over the Golden State's lemon law, potentially transforming how Chrysler and other automakers act to buy back or replace defective vehicles under the state's Song-Beverly Consumer Warranty Act.

  • December 04, 2023

    Colo. Justices Uphold State's $25M Appellate Bond Cap

    Colorado Supreme Court justices on Monday rejected an oil and gas company's challenge to the state's $25 million cap on bonds to stay judgments pending appeal, concluding the statutory cap is constitutional and a water treatment company appealing a more than $280 million judgment doesn't have to post a bigger bond.

  • December 04, 2023

    Geothermal Co. Says Co-Founder's Dismissal Bid Hypocritical

    A geothermal energy startup said a co-founder can't credibly contend its Colorado federal lawsuit criticizing his work performance is too similar to claims in another case, writing in a brief that the co-founder made the opposite argument in his own lawsuit against the company.

  • December 04, 2023

    Disney Again Targets ESPN Streaming Bundles Suit

    Disney urged a California federal judge to nix a proposed antitrust class action targeting live-streaming carriage agreements forbidding ESPN's exclusion from cheap bundling packages, arguing that tweaks to the subscribers' suit can't save previously nixed damages claims and that the judge should've tossed the entirety of the suit.

Expert Analysis

  • 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.

  • Rethinking Tech Contract Terms For Governance Of AI Use

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    Traditional considerations in technology deals are often inadequate for governing artificial intelligence use, which means lawyers should revisit and reimagine existing terms across the full spectrum of relevant contracts, ranging from procurement agreements and data licenses to customer agreements, say Marina Aronchik and Samuel Hartman at Mayer Brown.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Best Practices For Defense Tech Startup Financing

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    Navigating the expanding and highly regulated defense technology sector requires careful planning and execution, starting at incorporation, so startups should prepare for foreign investor issues, choose their funding wisely and manage their funds carefully, say attorneys at WilmerHale.

  • Questions Linger Over Texas Business Court's Jurisdiction

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    If parties to a case in Texas' new business court do not agree on whether the court has supplemental jurisdiction over their claims, then those claims may proceed concurrently in another court — creating significant challenges for litigants, and raising questions that have yet to be answered, says Ryan Sullivan at Reichman Jorgensen.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

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