Commercial Contracts

  • April 26, 2024

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

    This past week in London has seen budget airline Ryanair file a claim against NATS PLC after the air traffic controller's system collapsed, Mastercard and Visa Europe face group claims from Christian Dior and dozens of other beauty retailers, an intellectual property clash between the publisher of The Sun and ITV, and ISC Europe sue a former director for alleged money laundering. Here, Law360 looks at these and other new claims in the U.K.

  • April 25, 2024

    PI Ordered To Stay Away From Jury That Issued $10B Verdict

    A California judge on Thursday kept in place an order for a private investigator to cease contacting jurors who delivered a $10 billion verdict in March against his client, telling him, "it doesn't sit well with me" that he's "going and bothering jurors" by visiting them at their homes.

  • April 25, 2024

    Atty Sued For Malpractice Can't Rep His Firm, Ex-Client Says

    A Seattle real estate broker suing her former attorney for allegedly botching arbitration proceedings has told a Washington state judge that that attorney can't both be a defendant and represent his firm in their counterclaims for unpaid fees. 

  • April 25, 2024

    Judge Reopens Allstate Trade Secrets Case Against Ex-Agent

    A Colorado federal judge has partially reopened a case alleging that a former Allstate exclusive agent poached customers for another agency, directing the ex-agent to explain why he shouldn't be held in contempt in the lawsuit.

  • April 25, 2024

    Stryker Says Sanctions Bid Goes 'Galaxies Beyond' Law

    Medical device maker Stryker urged a Colorado federal judge to reject an ex-distributor's latest request for sanctions, arguing in a brief that the distributor's $2.2 million bid goes "galaxies beyond" what it asked for at trial and what the Tenth Circuit said the court could entertain.

  • April 25, 2024

    Delta Illegally Shares Fliers' Info With Facebook, Suit Says

    Delta Air Lines Inc. was hit with a proposed class action lodged Thursday in California state court by two customers who accused it of unlawfully sharing their personal information with Facebook, including their travel dates, airport destinations, travel class, loyalty status, language and currency used to book flights on the airline's website.

  • April 25, 2024

    Chancery Seeks More Info About Bond In Truth Social Case

    A Delaware vice chancellor said Thursday she needs more information from the sponsor of the blank-check company that took Donald Trump's Truth Social public about a bond it requested during litigation with some of the company's stockholders.

  • April 25, 2024

    Wash. Appeals Court Rejects Seattle High-Rise Permit Dispute

    A Washington state appeals court sided with a developer on Thursday in a challenge to its plan for a 17-story apartment building on Seattle's waterfront, concluding that the project's opponents missed their chance to contest the city's decision not to hold the proposal to certain shoreline regulations.

  • April 25, 2024

    No Coverage For Grants To Fraudulent Charity, Judge Rules

    A Denver-based charity cannot get coverage for the $349,000 in grants it gave to a different charity whose founder was accused by state authorities of lying about its nonprofit status, a Colorado federal court ruled, finding that a computer fraud provision was not triggered.

  • April 25, 2024

    Jury Rejects Ex-Medical Co. GC's Suit Against Loeb & Loeb

    A Colorado federal jury has rejected a former in-house attorney's claim that Loeb & Loeb LLP and one of its ex-partners acted outrageously when they filed a lawsuit on behalf of a medical device company accusing him of stealing trade secrets.

  • April 25, 2024

    Real Estate Owner Indicted On $4.8M Tax Evasion Charges

    A commercial real estate owner used a series of limited liability companies to hide $4.8 million in income from the Internal Revenue Service, according to an indictment in Washington federal court on tax evasion charges.

  • April 24, 2024

    Jury Must Decide Law Firms' Fee Dispute Over Nassar Suits

    A jury will need to decipher the terms of an agreement in a fee dispute between Andrus Wagstaff PC and Lipton Law Center PC for joint representation of the survivors of former USA Gymnastics doctor Larry Nassar, a Michigan federal judge ruled Wednesday, partially rejecting Andrus Wagstaff's summary judgment bid.

  • April 24, 2024

    'Black-ish' Actress Beats Suit Alleging She Stole Spinoff Idea

    A California appeals court permanently ended on Monday a suit alleging actress Tracee Ellis Ross and producers of "Mixed-ish" stole a writer's ideas for a sitcom based on a mixed-race character growing up in the suburbs, finding there are no substantial similarities between the two shows.

  • April 24, 2024

    NC Biz Court Trims School Food Servicer's Noncompete Suit

    The North Carolina Business Court on Wednesday pared a cafeteria food provider's lawsuit alleging a former sales director absconded with confidential information to a rival business, reasoning the Tar Heel State's laws aren't applicable over alleged out-of-state conduct.

  • April 24, 2024

    Hedge Fund Says Credit Suisse Misled On Bonds' Health

    U.S.-based hedge fund Appaloosa LP is accusing the former Credit Suisse in New Jersey federal court of misleading investors about its financial health before $17 billion of its bonds were wiped out in a merger with its Swiss competitor UBS.

  • April 24, 2024

    Takeaways From The FTC's Noncompetes Ban

    The first legal challenges to the Federal Trade Commission's new ban on essentially all noncompete agreements that employers impose on workers have already been filed, but questions remain, not just on the rule's legal viability, but also on the likelihood of follow-on rulemakings and the rule's exact reach.

  • April 24, 2024

    Judge Suggests Amazon Never Denied Late-Delivery Refund

    A Washington federal judge seemed to signal Wednesday that a putative class action accusing Amazon of not delivering a package as quickly as promised might get dismissed, noting the plaintiff did not actually get denied a refund because he never requested one. 

  • April 24, 2024

    Insurer Wants Other Carrier's Third-Party Coverage Suit Axed

    An insurer asked a Colorado federal court to toss Acuity's third-party suit alleging breach of contract in a coverage dispute over a construction defect arbitration proceeding, saying the claim failed because there is no privity of contract between the two carriers.

  • April 24, 2024

    Texas Appeals Panel Partially Reverses Atty's Fee Victory

    An Austin, Texas, trial lawyer who defeated a breach of fiduciary duty claim brought after he represented one half of a business partnership that went sour has had part of his victory overturned, with a Texas appellate court Wednesday determining that the trial court overstepped when also throwing out a fee claim against the attorney.

  • April 24, 2024

    FPL Asks Court To Decertify Class Over Irma Power Outages

    Florida Power & Light Co. asked an appeals court Wednesday to undo class certification in a multibillion-dollar suit over extended power outages after Hurricane Irma, arguing that a new law enacted last year requires the plaintiffs to bring their claims before the state's Public Service Commission.

  • April 24, 2024

    Bill O'Reilly Can't Duck Canceled Cruise Suit, Customer Says

    Bill O'Reilly cannot use his New York ties to shrug off a proposed class action, a man denied refunds for a canceled cruise has told an Arkansas federal court, arguing the former Fox News host and others gave the court jurisdiction when they launched a nationwide marketing campaign for the trip that reached Arkansas residents.

  • April 24, 2024

    Under Armour Must Show Shoe Sponsor Deals In Patent Row

    Under Armour is being forced to turn over information relating to deals it has with athletes like basketball star Stephen Curry as part of a patent infringement lawsuit, but the Texas federal judge in the case limited how much the sportswear company has to provide.

  • April 24, 2024

    Chamber Of Commerce Sues FTC Over New Noncompete Rule

    The U.S. Chamber of Commerce has lodged a promised lawsuit challenging the Federal Trade Commission's new rule banning noncompete agreements, contending the pacts are good for the economy and that the agency lacks authority to issue the regulation.

  • April 24, 2024

    Seyfarth Picks Up BCLP Corporate Finance Pro In Atlanta

    Seyfarth Shaw LLP is expanding its corporate team with a Bryan Cave Leighton Paisner LLP finance specialist as a partner in its Atlanta office, the firm said Wednesday.

  • April 24, 2024

    DTE Says Toshiba Must Share Info On $500M Plant Upgrade

    Michigan's largest energy companies want to force Toshiba Corp. to disclose details about its allegedly botched work on a hydroelectric plant, arguing it can't claim the documents are confidential just because they were shared with prospective buyers. 

Expert Analysis

  • 9th Circ. Arbitration Ruling Could Have Int'l Implications

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    In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • FTC Noncompete Ban Signals Rising Labor Focus In Antitrust

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    The Federal Trade Commission’s approval this week of a prohibition on noncompete agreements continues antitrust enforcers’ increasing focus on labor, meaning companies must keep employee issues top of mind both in the ordinary course of business and when pursuing transactions, say attorneys at Skadden.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • What 3rd Circ. Trust Ruling Means For Securitization Market

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    Mercedes Tunstall and Michael Gambro at Cadwalader break down the Third Circuit's March decision in Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust, as well as predict next steps in the litigation and the implications of the decision for servicers and the securitization industry as a whole.

  • Clemson's ACC Exit Fee Suit May Have Major Consequences

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    Clemson University's recent suit in South Carolina state court against the Atlantic Coast Conference, which challenges the ACC's $140 million exit fee and its ownership of member schools' media rights, would likely have enormous ramifications for ACC members in the event of a definitive court ruling, say William Sullivan and Alex Anderson at Pillsbury.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • A Key Pitfall Of Restricted Subsidiaries In Loan Agreements

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    In loan agreements, the treatment afforded to non-loan party restricted subsidiaries' EBITDA presents subtle, but serious threats to lenders that require thoughtful attention in underwriting and drafting, say David Ebroon at JPMorgan Chase and ​​​​​​​Jared Zajac at Cadwalader.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • New Proposal Signals Sharper Enforcement Focus At CFIUS

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    Last week's proposed rule aimed at broadening the Committee on Foreign Investment in the United States' enforcement authority over foreign investments and increasing penalties for violations signals that CFIUS intends to continue expanding its aggressive monitoring of national security issues, say attorneys at Kirkland.

  • How Companies Can Use Big Data As A Strategic Asset

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    Artificial intelligence technology powered by big data has the potential to create radical improvements to business operations, but if big data is improperly protected or monetized, this same information can give competitors similar advantages, or at the very least undermine a company's edge, say Gary Weinstein and Hudson Peters at Faegre Drinker.

  • How Retail Tenants Can Avoid Paying Rent Prematurely

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    When negotiating leases for spaces in shopping centers, retail tenants should ensure that the language specifies they only need to begin paying rent when the center is substantially occupied as a whole, as it can be difficult to modify leases that are executed without co-tenancy requirements or termination rights, say Joshua Bernstein and Benjamin Joelson at Akerman.

  • Policy Misrepresentations Carry Insurance Rescission Risks

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    The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.

  • Analyzing New EU Measure To Prevent Reexports To Russia

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    Niels Ersbøll, Alexander Italianer and Laura Beuls at Arnold & Porter offer a comprehensive overview of the European Union's new rule requiring export agreements to contain a clause prohibiting the reexport of goods to Russia, and discuss what companies should do to ensure compliance.

  • 3 Tech Sourcing Best Practices That Are Relevant For AI

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    It might be tempting to think that sourcing artificial intelligence tools requires a completely new set of skills, but the best practices that lead to a good deal are much the same as traditional technology procurement, says Mia Rendar at Pillsbury.

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