Commercial Contracts

  • June 11, 2021

    Texas Justices Will Hear Chemical Plant Construction Row

    The Texas Supreme Court will hear a construction dispute in which James Construction Group LLC is fighting to overturn a $1.1 million damages award, arguing the lower courts that affirmed the award failed to apply the plain language of a contract that barred Westlake Chemical Corp. from bringing the claims.

  • June 11, 2021

    Amazon Asks 9th Circ. To Ax $2.5M Verdict In Shipping Suit

    Amazon urged the Ninth Circuit on Friday to order a new trial after it was hit with a $2.47 million verdict for allegedly failing to pay a shipping company, claiming the Seattle federal judge presiding over the case made factual decisions that should have been left to the jury.

  • June 11, 2021

    Missing Docs Cloud GE's Bid To Exit Manufacturing Fight  

    Missing documents at the center of a multimillion-dollar electronics manufacturing dispute prompted doubt from a Georgia federal judge Friday as to whether she can decide if General Electric Co. must pay for raw materials rendered obsolete by a failed project.

  • June 11, 2021

    House Lawmakers Float Bipartisan Big Tech Bills

    A bipartisan group of lawmakers introduced a package of legislation in the U.S. House on Friday aimed at reining in large technology companies and restoring competition in digital markets, including a measure barring the tech giants from competing on their own platforms.

  • June 11, 2021

    Gov't Right To Criticize Northwestern ERISA Win, Workers Say

    Northwestern University workers have further urged the U.S. Supreme Court to review a Seventh Circuit decision tossing their challenge to the university's retirement plan investments and fees, arguing the federal government was right to question the ruling in an amicus brief.

  • June 11, 2021

    Construction Co. Says Insurers Must Cover $32.5M Settlement

    A construction company has hit two Zurich units with a coverage dispute in Texas federal court, arguing the insurers should pay for its $32.5 million underlying settlement over a car accident allegedly caused by negligent road work.

  • June 11, 2021

    Feds Restore $929M Calif. High-Speed Rail Grant To End Suit

    The Biden administration will restore a nearly $929 million federal grant for California's beleaguered $77.3 billion high-speed passenger rail line that was canceled under the Trump administration, closing out litigation alleging the federal government's 2019 decision to pull funding was rash and politically motivated.

  • June 11, 2021

    Roche Can't Beat $171M Judgment, Fed. Circ. Told

    A diagnostics company accused Roche of misunderstanding "the nature of license rights" in the Swiss giant's efforts at the Federal Circuit to dodge a Delaware court's $171 million willful infringement judgment over ripping off lab test patents.

  • June 11, 2021

    Texas Court Revives Apache Oil And Gas Lease Dispute

    A Texas appeals court on Thursday reversed Apache Corp.'s eve-of-trial win in a Texas Panhandle oil and gas lease fight, saying a trial court wrongly interpreted lease terms in the suit over the company's alleged failure to adequately compensate other companies it acquired leases from.

  • June 11, 2021

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

    The past week in London has seen Ukraine's bank deposit protection scheme sue a bank in Liechtenstein, streaming platform Twitch take aim at a viewing bot, and law firm Kennedys files for an injunction against Hiscox.

  • June 10, 2021

    Banana Republic Cleared In 'Case Of The Stolen Ampersand'

    Banana Republic on Thursday dodged a suit in New York federal court from a typeface designer that accused the retailer of stealing a stylized ampersand in its marketing.

  • June 10, 2021

    Freezer Co. Hit With $15M Verdict Over Destroyed Embryos

    A California federal jury on Thursday found freezer manufacturer Chart Industries Inc. liable for the damage to and destruction of harvested eggs and embryos stored in its defective equipment, awarding nearly $15 million to the patients affected by a 2018 cryopreservation tank implosion.

  • June 10, 2021

    Trenk DiPasquale Cost Ex-Client Chance At $300K, Court Told

    A onetime client of then-Trenk DiPasquale Della Fera & Sodono PC has slapped the law firm and two of its ex-partners with a New Jersey state lawsuit alleging their shoddy representation cost him chances to recoup more than $300,000 from his real estate dealings and to pursue claims against a bank. 

  • June 10, 2021

    Union Tells 9th Circ. Sycuan Band Must Arbitrate Casino Suit

    Unite Here Local 30, a San Diego County hospitality workers union, told the Ninth Circuit that the Sycuan Band of the Kumeyaay Nation created arbitration sovereign immunity arguments "out of thin air," urging the court to send their contract dispute to arbitration.

  • June 10, 2021

    Jury Charge Error Means New Trial Against Windstorm Insurer

    An improper jury charge probably caused an improper verdict in favor of the Texas Windstorm Insurance Association in a storm damage dispute with the owner of a Corpus Christi hotel, a Texas appellate court said Thursday, ordering a new trial.

  • June 10, 2021

    Cloud Co. Sued In Del. For $2.7M Arbitration Award Payment

    A Singapore-based cloud services company repeatedly sanctioned in Delaware for cutting off employee payment systems and squeezing companies to pay bogus, multimillion-dollar bills now faces a new Chancery Court suit to enforce a $2.7 million arbitration award filed by a third corporate victim.

  • June 10, 2021

    Kanye West Faces Sanctions Bid Over 'Profanity-Laced' Depo

    A company accusing Kanye West of stealing its technology for his "Sunday Service" video and platform is urging a California federal judge to punish the artist for "thumbing his nose" at the court's authority and skipping out early on a "profanity-laced" deposition.

  • June 09, 2021

    Ill. Court Rules Home Health Co. Took Kickbacks

    After its original decision was sent back down from the Seventh Circuit, an Illinois federal court has made an about-face, declaring that a home health care company did break federal kickback laws.

  • June 09, 2021

    Zions Bancorp. Unfairly Charged Overdraft Fees, Suit Says

    Zions Bancorporation NA was hit Wednesday with a proposed class action in federal court in Utah alleging the bank has charged customers multiple insufficient-funds fees on single transactions and charges overdraft fees on transactions that didn't actually overdraw accounts.

  • June 09, 2021

    8th Circ. Vacates Judge's Order In Panera Non-Compete Fight

    The Eighth Circuit has vacated a decision by a Missouri district court ordering Panera to litigate the enforcement of its non-compete agreements in Delaware in a suit involving three former information technology employees who allegedly broke their agreements with the restaurant chain when they were hired by a competitor.

  • June 09, 2021

    Wardman Hotel OK'd For Ch. 11 Auction Over Union Objection

    A Delaware bankruptcy judge Wednesday approved plans to put Washington's Wardman Park Hotel up for auction in July, overriding concerns by the hotel's unions that bidders won't have enough information on the contract obligations they may be taking on.

  • June 09, 2021

    Poultry Processor Squawks At Wastewater Cutoff Threat

    Saying it is being charged "ransom," a major Delaware-based poultry producer asked the state's Chancery Court on Wednesday to bar a regional utility's demand for a $1.4 million payment before accepting processing plant discharges.

  • June 09, 2021

    Bluegreen Dodges Timeshare Exit Co.'s False Ad Claims

    A Florida federal judge on Wednesday dismissed a timeshare exit company's counterclaims against Bluegreen Vacations Unlimited Inc. after raising questions about standing to bring false advertising and deceptive trade practice claims in Bluegreen's suit accusing the company of running a scam.

  • June 09, 2021

    6th Circ. Says Retired Cops Were Still Owed Health Coverage

    Kentucky's retirement system for state workers shouldn't have yanked health care coverage from five former police officers who retired from the force but then got jobs with state agencies, the Sixth Circuit ruled.

  • June 09, 2021

    StubHub Owner Tries To Block Class In COVID-19 Refund Suit

    Ticket reseller Viagogo has opposed a Florida woman's bid to certify a nationwide class of ticket buyers who accuse the company of refusing to refund tickets for events canceled due to the pandemic, telling a Florida federal court it will be burdened by individual issues and the suit's aims may conflict with class members' desires.

Expert Analysis

  • A Gov't Contractor's Road Map To Biden Cybersecurity Order

    Author Photo

    Following President Joe Biden's recent executive order to improve U.S. cybersecurity, Justin Chiarodo and Sharon Klein at Blank Rome highlight how four key elements will particularly affect government contractors and their suppliers, and what contractors should expect as they prepare to operate in a new compliance environment.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

    Author Photo

    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • Pa. No-Hire Pact Ruling Holds Hidden Noncompete Lesson

    Author Photo

    The Pennsylvania Supreme Court’s recent decision that a no-hire agreement between businesses was unenforceable in Pittsburgh Logistics Systems v. Beemac Trucking creates uncertainty for the use of such pacts, but a closer look at the case reveals a more important takeaway concerning the use of employee noncompetes to protect business interests, says Paul Greco at Fisher Phillips.

  • Smaller Firms Need Employee Wellness Programs, Too

    Author Photo

    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • Stop Networking, Start Relationship Marketing

    Author Photo

    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • When Your 9th Circ. Case Needs California High Court Input

    Author Photo

    With the Ninth Circuit increasingly certifying state law questions to the California Supreme Court, litigants should pay careful attention to the rules for ancillary proceedings, study recent issues the state high court decided on certification, and consider strategic options, say attorneys at Buchalter.

  • Pitfalls To Avoid When Drafting And Enforcing NDAs

    Author Photo

    Recent state and federal court decisions offer lessons for drafting nondisclosure agreements that minimize potential challenges and maximize legal enforceability, say Sonia Baldia and Alexander Borovsky at Kilpatrick.

  • What Attorneys Should Know About Fee Deferral

    Author Photo

    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Predictions On Pandemic's Lasting Impact On Legal Education

    Author Photo

    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • 5 Steps Oil And Gas Cos. Can Take To Manage Cyber Risk

    Author Photo

    In light of the recent ransomware attack on Colonial Pipeline, oil and gas companies should consider potential legal exposure from cybersecurity breaches, implement plans and procedures for dealing with such incidents, and review vulnerabilities related to external parties, says Valerie Hatami at Conner & Winters.

  • 3 Approaches For Measuring Short Squeeze Trading Damages

    Author Photo

    In the ongoing multidistrict securities litigation over the impact of trading restrictions Robinhood imposed in response to January’s meme stock short squeeze, three proposed damages frameworks offer alternatives to the problematic approach of basing such estimates on lost trading opportunities, say consultants at Analytic Focus.

  • Opinion

    Ill. Noncompete Reform Balances Employee And Biz Interests

    Author Photo

    The noncompete bill recently passed by the Illinois Legislature protects due process for workers while preserving employers' ability to guard business assets — a rare political compromise that may reduce noncompete litigation but increase the chances of enforceability in court, say Peter Steinmeyer and Brian Spang at Epstein Becker.

  • Lawyer Perfectionism Is A Disease We Can Control

    Author Photo

    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • Collaborative Contracting Can Help Combat Bias In AI

    Author Photo

    To mitigate bias in artificial intelligence technology amid pending EU and U.S. regulations, contracting companies should consider each party's role in controlling for bias, rather than applying binary liability allocations, say Boris Segalis and Joshua Fattal at Goodwin and independent attorney Neal Dittersdorf.

  • 5 Tips To Help Your 2021 Summer Associates Succeed

    Author Photo

    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

Want to publish in Law360?


Submit an idea
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!