Commercial Contracts

  • May 28, 2024

    Catching Up With Delaware's Chancery Court

    Delaware Court of Chancery watchers shifted their focus last week from the courtroom to Dover's legislative hall, as proposed amendments to Delaware's corporate code were finally introduced to state lawmakers. Hearings, decisions and reversals involved Kraft-Heinz, AMC Entertainment and the merger of cryptocurrency companies BitGo and Galaxy. In case you missed it, here's the latest from Delaware's Chancery Court.  

  • May 28, 2024

    Del. Justices Say Interest Includes Prejudgement Interest

    Delaware's top court ruled Tuesday that accrued interest on judgments must include prejudgment interest, in a ruling on a $36 million Delaware Superior Court jury verdict in February 2023 favoring institutional broker-adviser LCT Capital in a merger services dispute with NGL Energy Partners.

  • May 28, 2024

    Wells Fargo Seeks To Send Account Offsets Suit To Arbitration

    Wells Fargo has asked a California federal judge to send a class action lawsuit alleging it unlawfully dipped into customers' deposit accounts to repay itself for credit owed card debt to arbitration since the plaintiff signed a deposit account agreement containing a binding arbitration provision.

  • May 28, 2024

    Exxon Investor Broadens Promise To Nix Climate Proxy Bid

    An activist investor sued by Exxon Mobil Corp. over a now-withdrawn shareholder proposal concerning climate change has again called on the oil giant to withdraw its suit after broadening its previous promise not to resubmit the proposal in the future.

  • May 28, 2024

    No Coverage For IT Co.'s 'Collusive' Settlement, Insurer Says

    Chubb unit ACE American Insurance Co. told a Colorado federal court it owes no coverage to an IT company found liable by a jury for making fraudulent misrepresentations and breaching its cybersecurity agreement with an investment company, arguing the parties' post-verdict settlement was merely a workaround to "create insurance coverage."

  • May 28, 2024

    $3.1B Satellite Deal Needs Justices' Review, Co. Says

    A broker accusing Lockheed Martin and Airbus of cutting it from a $3.1 billion military satellite deal opposed the Biden administration's contention that a U.S. Supreme Court review isn't needed, saying the administration incorrectly focused on an underlying F-35 deal.

  • May 28, 2024

    NC Pot Distributor Must Arbitrate Spat With 'Amazon Of Hemp'

    A cannabis distribution company has to arbitrate its case against an online retailer over a distribution agreement that went south, the North Carolina Business Court has ruled, finding the contract contained an "expansive" arbitration clause that includes the claims at issue.

  • May 28, 2024

    Ex-Florida Atty Accused Of Failing To Deliver Condo Proceeds

    A disbarred attorney was sued in Florida state court by a client who alleged fraud and breach of fiduciary duty in a Miami Beach condominium foreclosure action, saying he misappropriated more than $68,000 in proceeds.

  • May 28, 2024

    Heavyweight Champ Lobs New Suit At Don King, Promoters

    Legendary promoter Don King and champion heavyweight boxer Mahmoud Charr have entered the ring for another round of legal sparring over a new contract dispute in which the fighter accuses the defendants of canceling a planned fight that cost him a $1 million payout.

  • May 28, 2024

    Tech Co. Says Houston Court Set Trial Despite Atty Vacations

    A Kansas-based technology company has asked a Texas appellate court to push back a June trial date in Houston, writing that a trial court judge scheduled the proceeding despite being notified of vacation conflicts by multiple attorneys.

  • May 24, 2024

    HNTB's Liability Capped In Seattle Tunnel Delay Claim

    A contract clause caps engineering firm HNTB Corp.'s potential liability over a long-delayed Seattle highway tunnel project, a Washington state court judge ruled Friday, likely dashing a joint venture's bid to recover more than $700 million.

  • May 24, 2024

    BofA Inks $21M Deal With Over 1M Customers Over Wire Fees

    Bank of America customers on Friday urged a North Carolina federal judge to preliminarily approve their $21 million settlement to resolve claims the financial institution tacked $15 "junk fees" onto incoming wire transfers, saying the deal constitutes significant relief for over a million class members.

  • May 24, 2024

    Enbridge Says Oil Transport Monopoly Claims Lack Merit

    Enbridge Inc. fired back at an antitrust suit accusing it of intentionally killing a pipeline terminal project that would have resulted in the company losing its monopoly power over crude oil transportation in the Chicago area, calling for an Illinois federal judge to dismiss the claims.

  • May 24, 2024

    Ousted Publishing CEO Not Satisfied With Say In Potential Sale

    The ousted CEO of the publisher behind the Pittsburgh Post-Gazette and the Toledo Blade isn't dropping his case against his family's newspaper empire just because he won his bid to weigh in on the company's potential sale, his attorney told an Ohio state court judge Friday, who compared the conflict to a messy divorce.

  • May 24, 2024

    Walgreens Must Face $200M Cooler Screen Contract Claims

    A technology company's $200 million contract suit against Walgreens remained intact Friday, as an Illinois state judge rejected the pharmacy retailer's bid to dodge accusations that it breached a contract to install "smart coolers" at thousands of stores simply because its latest CEO didn't like how they look.

  • May 24, 2024

    Cannabis Company Fights Sanctions Bid In $10M Contract Suit

    A cannabis company has opposed a sanctions request in a dispute surrounding its merger with Connecticut marijuana business Theraplant LLC, saying it met document production deadlines despite an opposing attorney's claim that he couldn't open a link emailed at 11:53 p.m. via a password that followed at 11:59 p.m.

  • May 24, 2024

    Petition Watch: Forum Shopping, Monopolies & Gun Safety

    Law360 looks at four U.S. Supreme Court petitions filed in the past two weeks, including the FDA's request that the justices curb an increase in forum shopping at the Fifth Circuit, and two veterinarians who want the justices to allow plaintiffs to pursue antitrust claims for actions allegedly leading to the creation of a monopoly.

  • May 24, 2024

    Atty Says Loss Of BP Spill Claim Was Client's Fault, Not Firm's

    Texas attorney Brent W. Coon has told a Houston court that his firm's alleged botching of a former client's lawsuit stemming from the 2010 Deepwater Horizon spill was actually the client's fault, as he failed to provide the firm with a sworn statement to attach to his complaint per a court's order.

  • May 24, 2024

    Chinese Reinsurer Seeks Exit From Reimbursement Suit

    A Chinese reinsurance company urged an Iowa federal court Friday to toss an insurer's suit seeking reimbursement for property insurance coverage claims it paid out, saying the court lacks jurisdiction because the company was not properly served.

  • May 24, 2024

    Biden's Judicial Impact And What's Left On The Wish List

    President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

  • May 24, 2024

    DC Circ. Says Bainbridge Can't Have Argentina's Building

    The D.C. Circuit on Friday denied an appeal from Bainbridge Fund Ltd. in a property dispute with Argentina, saying the company can't take possession of the property in an effort to satisfy a $95 million judgment over defaulted bonds.

  • May 24, 2024

    ERISA Arbitration Backers See Hope In 2nd Circ. Dissent

    A split Second Circuit panel backed workers — and joined three other circuits — when it rejected an attempt to force a proposed class action Employee Retirement Income Security Act lawsuit into individual arbitration, but employers are seizing on a dissent from the recent ruling to try to turn the tide.

  • May 24, 2024

    Colo. Judge Hints Regulator May Face Oil Biz Contract Claims

    A Colorado state judge seemed inclined to agree with an oil company's argument that a settlement with state regulators to resolve alleged violations was close enough to a contract to take to trial the company's claims that regulators later broke the deal.

  • May 24, 2024

    Court Upholds Limit To Award In Ecopetrol, Texas Co. Dispute

    An arbitration tribunal was within its authority to limit the number of years and the amount that a Houston-based oil company had to reimburse Colombia's state-owned entity, Ecopetrol, for the value-added tax liability of a subsidiary while owned by the company, a New York federal judge determined.

  • May 24, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.

Expert Analysis

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • The Effects Of New 10-Year Limitation On Key Sanctions Laws

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    Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.

  • Supply Chain Considerations For Companies Deploying AI

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    Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Key Lessons From Recent Insurance Policy Reform Litigation

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    A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.

  • Compliance Considerations For New Data Protection Law

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    Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.

  • 2nd Circ. Ruling Affirms NY Law's Creditor-Friendly Approach

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    The Second Circuit’s recent ruling in 245 Park Member v. HNA International provides creditors with some reason for optimism that debtors in New York may face rejection in court for aiming to keep creditors at arm’s length by transferring personal assets into an LLC, says Jeff Newton at Omni Bridgeway.

  • Diving Deep Into Sweeping NY Financing Bill — And Its Pitfalls

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    A New York bill seeking to impose state usury limits onto a broader variety of financing arrangements and apply lender licensing requirements to more diverse entities would present near-insurmountable compliance challenges for lenders and retailers, say Kate Fisher and Tom Quinn at Hudson Cook.

  • When Oral Settlements Reached In Mediation Are Enforceable

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    A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.

  • What Transactional Attys Must Know About Texas Biz Courts

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    As Texas prepares to launch its new business courts, transactional attorneys — especially those involved in commercial, securities and internal governance matters — should keep several issues in mind when considering use of the state's business court system to facilitate deals and settle disputes, say attorneys at Katten.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • Behind Court Challenges To The FTC's Final Noncompete Rule

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    The Federal Trade Commission's recent final rule banning noncompetes may not go into effect any time soon amid a couple of Texas federal court challenges seeking to bar the rule's implementation, which will likely see appeals all the way to the U.S. Supreme Court, says Michael Elkins at MLE Law.

  • Can Chatbot Interactions Lead To Enforceable Contracts?

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    The recent ruling in Moffatt v. Air Canada that found the airline liable for the representations of its chatbot underscores the question of whether generative artificial intelligence chatbots making and accepting offers can result in creation of binding agreements, say attorneys at McDermott.

  • The Opportunities, Risks And Rewards Of AI Acquisitions

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    As artificial intelligence acquisitions become an increasing area of focus for investors and technology buyers, entities should pay special attention to target identification, due diligence and more when structuring and executing a transaction with a company that has an AI-centric business model, say attorneys at Foley & Lardner.

  • Legal Issues To Watch As Deepfake Voices Proliferate

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    With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.

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