Commercial Contracts

April 18, 2024
9th Circ. Affirms Rosette's Win In Tribe Representation Fight

The Ninth Circuit has backed a federal district court ruling that found Rosette LLP is not responsible for using allegedly false advertising to induce the Quechan Tribe to drop Williams & Cochrane LLP as counsel on the verge of closing a lucrative gambling contract.
April 18, 2024
Red Roof Franchise Co. Settles IP Fight With Motel Operator

Red Roof Inn's Ohio-based location franchising company and the Toledo motel operator it accused of still using the hospitality chain's branding almost two years after its franchise agreement was terminated have agreed to settle the intellectual property dispute between them, according to a new joint notice.
April 17, 2024
7th Circ. Affirms Toss Of Indy TV Network's Bias Claims

The Seventh Circuit upheld the lower court's toss of a Black-owned broadcasting company's racial discrimination claims against DirecTV and Dish Network, agreeing that the underlying retransmission negotiation dispute was a matter of bargaining power, not bias.
April 17, 2024
Ga. Jury Finds Supplier At Fault For Botched Herbicide Job

An Atlanta federal jury on Wednesday found a company hired to thin out woods on a rural Georgia property and a subcontractor brought in to spray the property with herbicide were responsible for wrecking a developer's plans for turning the location into a quail hunting retreat.
April 17, 2024
Wash. Winemaker Wants Insurers To Cover $30M Spoiled Wine

A Washington state winemaker has launched a lawsuit against certain Lloyd's of London underwriters in state court, seeking coverage under a pair of insurance policies for more than $30 million worth of cabernet sauvignon that became too acidic to sell while being stored by another wine producer prior to bottling.
April 17, 2024
Flagstar Bank Beats Overdraft 'Fee Maximization' Suit

A Michigan federal judge has shut down a proposed consumer class action that accused Flagstar Bank of unlawfully charging millions of dollars in surprise overdraft fees, ruling that the bank had provided clarifying disclosures that left no more room for surprise.
April 17, 2024
Coding Bootcamp Fined $164K For Misleading Student Loans

A company that runs coding "bootcamps" has been permanently banned from consumer lending after U.S. regulators found it inflated its job placement rates to students and lied to them about a tuition financing program that turned out to be risky loans.
April 17, 2024
Alien Influencer, Ex-Partners Walk Away From IP Row

A Colorado federal judge has dismissed a lawsuit brought by a motivational speaker and self-described influencer who claims to have met with extraterrestrial beings known as the "Blue Avians," after the influencer and two former business partners agreed to drop dueling claims over movie projects and business ventures gone awry.
April 17, 2024
Jury Says Caterpillar's Interference Cost Equipment Co. $100M

A jury in Delaware has rejected antitrust claims against Caterpillar but found that the equipment maker caused a defunct importer $100 million in damages by interfering with its contract to sell equipment through an online sales platform.
April 17, 2024
Data Co. Seeks Coverage For $250M Lebanon Explosion Suit

A data services company told a Texas state court that its insurers must defend it in an underlying $250 million lawsuit stemming from the 2020 Port of Beirut explosion in Lebanon which killed over 218 people, maintaining that the insurers have wrongfully refused.
April 17, 2024
Panel Agrees Pot Investor's Deal In 2017 Suit Nixes 2019 Suit

A Washington state appeals court has thrown out an investor's suit alleging that a cannabis venture failed to follow through on a deal to acquire ownership interest in exchange for a $650,000 investment, finding his settlement of a prior suit block his claims.
April 17, 2024
Judge Merges Axos Bank Suits But Won't Appoint Counsel Yet

A California federal judge has agreed to consolidate a pair of cases over how Axos handled interest rates on savings deposit accounts offered through an online banking division, but rejected its customers' bid to name three law firms as interim co-lead counsel, saying it is not necessary at this time since more consolidation could occur.
April 17, 2024
Ogletree Expands Into Western NY With Ex-Goldberg Atty

Management-side employment firm Ogletree Deakins is expanding into western New York, announcing Tuesday that it is adding a shareholder in Buffalo from Goldberg Segalla.
April 17, 2024
American Urges 1st Circ. To Reject 'Radical' JetBlue Ruling

American Airlines has told the First Circuit that a judge's "radical vision of the antitrust laws" that blocked its Northeast Alliance joint venture with JetBlue shouldn't stand, arguing that federal enforcers are relying on misleading claims and outdated precedent to prop up the lower court's mistaken conclusion.
April 16, 2024
Pro-Israel Fart Sprayer Sues Columbia Univ. Over Suspension

A Jewish Columbia University student on Tuesday lobbed discrimination claims at the university, which he said unfairly suspended him for spraying non-toxic fart spray at a protest over the Israeli-Palestinian conflict, a move he said was designed to "silence" him for his views.
April 16, 2024
Businessman Urges Calif. Court To Refuse $4.4M Award

A businessman who signed agreements with a Chinese energy management company on behalf of two different investment funds has told a California federal court that he never received proper notice about an arbitration that resulted in a $4.4 million award against him.
April 16, 2024
Al Roker Fired Producer For Supporting DEI Policy, Suit Says

Television producer William Schultz has sued Al Roker and his production company in New York federal court, alleging that he was wrongfully fired from the show "Weather Hunters" after voicing support for an initiative to bring minority writers onto the PBS children's show.
April 16, 2024
Mercedes Rusty Subframe Suit Is Too Vague, Judge Is Told

Mercedes-Benz argued in court Tuesday that a proposed class action over a claimed subframe defect should be dismissed as an improper shotgun pleading as it directs allegations at "Mercedes" without specifying whether the German parent company or its Atlanta subsidiary are supposedly to blame.
April 16, 2024
NY Outdoor Stadium Can Host Concerts During Noise Row

A century-old outdoor stadium in New York where the Beatles once played can continue operating as it battles disgruntled neighbors after a state judge denied the residents' request for a preliminary injunction because they had not shown that noise from the stadium was unreasonable.
April 16, 2024
Staffing Co. Drops Contract Fight With Panthers Stadium

The Carolina Panthers' stadium operator and the event staffing company that accused it of wrongly pulling back from an arrangement the parties had made to staff the National Football League team's home games came together Tuesday to drop their dispute from North Carolina federal court.
April 16, 2024
3rd Circ. Cuts Claims In Geico Vehicle Value-Adjustment Suit

A New Jersey couple can't bring class-action claims against Geico over it allegedly knocking too much off the payout value on totaled cars, since the company ultimately adjusted their personal claim settlement offer upward, a Third Circuit panel has ruled.
April 16, 2024
DraftKings Workers Say Ex-Boss Tried To Lure Them To Rival

Two DraftKings higher-ups testified Tuesday that their former boss had tried to lure them to join rival sportsbook Fanatics with multimillion-dollar compensation offers, contradicting their former supervisor's claim that he never attempted to get his top lieutenants to help him set up a new office for Fanatics in Los Angeles.
April 16, 2024
FTC To Unveil, Vote On Final Noncompetes Ban April 23

The Federal Trade Commission gave a one-week heads up Tuesday of its impending unveiling of — and vote on — the final version of a rule that would ban essentially all noncompete agreements employers impose on their workers.
April 16, 2024
AT&T Unit Urges Justices To Weigh In On FCC E-Rate Saga

An AT&T subsidiary is asking the U.S. Supreme Court to rule on whether reimbursement requests for the Federal Communications Commission's E-rate program for schools and libraries are "claims" under the False Claims Act, part of a whistleblower suit accusing the company of overcharging public schools and libraries.
April 16, 2024
NJ Hospital GC Emails Doom $24M Verdict For Surgeons

The New Jersey Supreme Court on Tuesday vacated a $24.3 million award to a group of neurosurgeons on their claim that a hospital didn't operate in good faith, finding the trial court's admission of emails from the hospital's general counsel and remarks made during closing arguments deprived the hospital of a fair trial.

Expert Analysis

4 PR Pointers When Your Case Is In The News

Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
Trouble Indemnity: IP Lawsuits In The Generative AI Boom

Attorneys at Ropes & Gray explore the contours of the intellectual property indemnification protections offered by providers of generative AI models — including their scope, coverage, conditions, exclusions and caps — to assess where businesses may still face liability exposure.
6 AI Cases And What They Mean For Copyright Law

Artificial intelligence cases filed last year, some decided and others pending, demonstrate how the appellate courts that set binding precedent look at the intersection between copyright and AI, so legal frameworks must adapt and provide clarity in order to foster innovation, protect creators, and ensure fair and equitable outcomes, say attorneys at Crowell & Moring.
The Space Law And Policy Outlook For 2024

Expect significant movement in space law, regulation and policy in 2024, as Congress, the administration and independent federal agencies like the Federal Communications Commission address the increasingly congested, contested and competitive nature of space and the space industry, say Paul Stimers and Leighton Brown at Holland & Knight.
Charting The Course For Digital Assets In 2024

Although 2023 was a tough year for the digital asset industry, upcoming court decisions, legislation and regulatory action will bring clarity, allowing the industry to expand and evolve, and the government will decide what innovation it will allow without challenge, says Joshua Smeltzer at Gray Reed.
Antitrust Enforcement Initiatives To Watch In 2024

The U.S. Department of Justice is likely to prioritize information-sharing prosecutions in 2024, following last year's withdrawal of safe harbors, as well as labor market enforcement after trial losses forced a pullback in 2023, say attorneys at Fried Frank.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
HHS Advisory Highlights Free Product Inducement Risks

A recent U.S. Department of Health and Human Services advisory opinion highlights concerns that valuable free products and other inducements may influence patients and providers to choose one manufacturer’s product over another, notwithstanding that such free healthcare products may be a benefit, say attorneys at Morgan Lewis.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
In The World Of Legal Ethics, 10 Trends To Note From 2023

Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
Del. Dispatch: The 2023 Corporate Cases You Need To Know

Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.
Contract Disputes Recap: Termination and Accrual

Edward Arnold and Bret Marfut at Seyfarth Shaw examine three recent decisions that illustrate why contractors should consider, during the bidding process, impediments to their ability to meet contract requirements, and the need to track the accrual dates of individual claims that may arise during performance to avoid being time-barred.
The Year In FRAND: What To Know Heading Into 2024

In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.
How Attorneys Can Be More Efficient This Holiday Season

Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.