Commercial Contracts

  • September 16, 2024

    Swedish Amazon Aggregator Files Ch. 15 To Halt Arbitration

    Swedish Amazon aggregator Go North Group AB, a business that consolidates small sellers into one platform, filed for Chapter 15 recognition in a New York bankruptcy court Monday, aiming to halt arbitration over a post-merger earnout dispute until it completes a roughly $75 million reorganization in its home country.

  • September 16, 2024

    Wilson Sporting Goods Says Broken Deal Cost $1.2M In Sales

    Wilson Sporting Goods will lose out on at least $1.2 million in sales because Gators Baseball Academy unlawfully terminated their equipment exclusivity agreement, inked a new arrangement with a third party behind Wilson's back, and refused to mediate the dispute, according to a lawsuit lodged in Illinois federal court Monday.

  • September 16, 2024

    Longtime Cooley Litigator Jumps To Jackson Lewis In Calif.

    Jackson Lewis PC has expanded its Orange County, California, office with a longtime employment litigator who spent more than two decades with Cooley LLP. 

  • September 16, 2024

    Boeing To Pay Embraer $150M To End Failed JV Arbitration

    The Boeing Co. will pay Brazilian aircraft manufacturer Embraer SA $150 million to resolve arbitration proceedings related to joint venture agreements the two entered into in 2019 that never materialized, Embraer revealed Monday.

  • September 16, 2024

    DraftKings, FanDuel Sued Over Use Of MLB Player Images

    Sports betting giants including DraftKings and FanDuel have been using photographs of MLB players to promote sports betting offerings despite knowing they do not have such rights, a division of the Major League Baseball Players Association alleged in separate lawsuits filed Monday in Pennsylvania and New York.

  • September 16, 2024

    CoStar Subscriber Settles Suit Over Property Records Access

    Real estate data and analytics provider CoStar Group Inc. has reached a deal with former subscriber Leon Capital Group LLC to settle its claims that Leon downloaded property records from CoStar's database that it was not authorized to access, in a deal that permanently bars Leon Capital from accessing CoStar's data without authorization.

  • September 16, 2024

    McCarter & English's Misstatement Won't Nix Malpractice Win

    A New Jersey state judge has refused to toss his decision dismissing a biotechnology company's legal malpractice lawsuit against McCarter & English LLP, finding that the firm's misstatement about the chronology of earlier litigation — repeated in the judge's opinion — did not warrant reviving the case. 

  • September 16, 2024

    Titanic Shipbuilder Sinks Under Weight Of Debt

    Struggling shipbuilder Harland & Wolff said Monday that it plans to enter into administration and remove its shares from the London Stock Exchange after failing to win a £200 million ($264 million) government loan to help offset money owed to creditors.

  • September 13, 2024

    The 2024 Regional Powerhouses

    The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.

  • September 15, 2024

    Cannabis Co. Nabs $150M '1st-Of-Its-Kind' Credit Facility

    Green Thumb Industries Inc. secured a $150 million credit facility led by Valley National Bank as it looks to refinance debt in what the company billed as "a first-of-its-kind credit facility for the U.S. cannabis industry."

  • September 13, 2024

    Conn. High Court Snapshot: Firm's Bill Battle Rages In Sept.

    The Connecticut Supreme Court's September case lineup tasks the justices with helping a federal court judge decide if McCarter & English LLP can fetch punitive damages in a billing battle with an ex-client, and if parents suing Target and others can be compensated for the impairment of their relationship with their injured child. Here, Law360 previews some highlights of the high court's argument schedule for the month.

  • September 13, 2024

    Sandoz Awarded $137M In Generic Hypertension Drug Fight

    United Therapeutics Corp. owes Sandoz Inc. $137.2 million for conduct that breached an earlier settlement agreement between the parties and effectively blocked the sale of Sandoz's generic version of an injectable drug to treat hypertension, a New Jersey federal judge has ruled.

  • September 13, 2024

    Insurer Says Ga. Club's Coverage Ends When Guns Come Out

    Trisura Specialty Insurance Co. has asked a Georgia federal court to rule that it should not be held liable for claims arising from a January 2022 shooting at a bar that injured several patrons.

  • September 13, 2024

    Trio Of BigLaw Mergers Expected To Drive More Deal Talks

    After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.

  • September 13, 2024

    UFCW Pushes Supermarket To Produce Records In Labor Row

    The United Food and Commercial Workers Local 400 asked a federal judge to compel a grocery store to comply with a subpoena for records relating to grievances about workers' hours and pay.

  • September 13, 2024

    Property Developer Claims To Be Target Of Legal 'Vendetta'

    The director of a defunct property developer has hit back against a claim that accuses him of breaching his duties to the company, as he argued that the "vexatious" case was brought as part of a "vendetta" by his former co-directors.

  • September 13, 2024

    Plane Leaser Avolon To Fly Away With Aircraft Fleet For $5B

    Avolon Ltd. said Friday that it has agreed to buy a portfolio of nearly 120 aircraft indirectly owned by U.S. alternative investment manager Castlelake LP for $5 billion as the aviation leasing giant looks to accelerate its growth.

  • September 13, 2024

    FuboTV Antitrust Trial Against Disney Set For Fall 2025

    FuboTV's antitrust trial against the launch of a new sports streaming service by The Walt Disney Co., Fox Corp. and Warner Bros. Discovery is set to begin Oct. 6 next year, according to a court filing Thursday.

  • September 13, 2024

    Finnish Sports Agency Seeks Over $1M For Broken NHL Deal

    A Finland-based sports management agency claims a Massachusetts man has engaged in an ongoing fraudulent scheme to avoid paying more than $1 million in arbitration awards he owes under a deal to represent Finnish players in the NHL.

  • September 13, 2024

    Energy Biz Wants To Claw Back £3.8M From Waste Plant Deal

    An energy business has sued the directors of a waste management company that it acquired for almost £40 million ($52 million), alleging that it overpaid for shares in the business because of a mistake that overstated the capacity and output of a food waste processing plant.

  • September 13, 2024

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

    This past week in London has seen a football agent sue Chelsea FC after being cleared of allegations he threatened the club’s former director, an ongoing patent dispute between Amgen and Regeneron Pharmaceuticals, and a private school in Edinburgh suing Riverstone Insurance over compensation claims tied to historical abuse allegations made by former pupils. Here, Law360 looks at these and other new claims in the U.K.

  • September 13, 2024

    Hardware Seller Is Withholding $10M In Fees, Tech Co. Says

    A technology company has claimed it introduced a Canadian hardware seller to confidential contacts looking to buy graphics processors, and the seller secured sales from them, but is now withholding around $10.5 million in referral fees.

  • September 12, 2024

    Netgear Gets $135M In TP-Link IP Deal

    Netgear Inc. has received $135 million from TP-Link Systems Inc. as part of a settlement of the companies' patent and contract litigation over Wi-Fi routers in the U.S. International Trade Commission and California federal courts.

  • September 12, 2024

    6th Circ. Says Food Transporter Illegally Shuttered Warehouse

    A bulk food delivery contractor for grocery giant Kroger violated federal labor law when it closed its Louisville, Kentucky, terminal after a union representation election and fired employees, the Sixth Circuit has ruled, upholding a National Labor Relations Board decision.

  • September 12, 2024

    Jones Foster Defeats Bid To Revive Fla. Malpractice Suit

    A Florida federal judge on Thursday shot down a bid from onetime clients of Jones Foster PA to revive their malpractice lawsuit against the firm over its handling of trust litigation and ordered them to pay the firm more than $140,000 for unpaid legal fees. 

Expert Analysis

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Notable Q2 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • Look For Flags On Expert Claims After Sunday Ticket Reversal

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    A California federal judge’s recent reversal of a jury’s $4.7 billion antitrust verdict in the NFL Sunday Ticket case indicates that litigants may be inclined to challenge expert testimony admissibility under Rule 702 of the Federal Rules of Evidence, and that judges may increasingly accept such challenges, say attorneys at Kutak Rock.

  • What 7th Circ. Samsung Decision Means For Mass Arbitration

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    The Seventh Circuit's recent decision in Wallrich v. Samsung highlights the dilemma faced by mass arbitration filers in the face of nonpayment of arbitration fees by the defending party — but also suggests that there are risks for defendants in pursuing such a strategy, says Daniel Campbell at McDermott.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Understanding 2 Types Of Construction Payment Clauses

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    Given the recent trend of states prohibiting pay-if-paid clauses in construction clauses in favor of fortifying contractor protections with pay-when-paid clauses, parties involved in construction projects should take care to understand the nuances between the two clauses, say Jeffery Mullen and Josephine Bahn at Cozen O'Connor.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Loper Fuels Debate Over Merchant Cash Advances As Credit

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    The U.S. Supreme Court's recent rejection of the Chevron doctrine in Loper Bright may escalate a Florida federal court dispute between the Revenue Based Finance Coalition and the Consumer Financial Protection Bureau over whether merchant cash advances should be considered credit under the Dodd-Frank Act, say attorneys at Sheppard Mullin.

  • Nuclear Power Can Help Industrial Plants Get To Net-Zero

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    In the race to fight climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges — but the integration of nuclear energy is a promising solution, so companies should consider the financial and regulatory issues, opportunities, and risk-mitigating factors, say attorneys at Morgan Lewis.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

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