We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Commercial Contracts

  • June 15, 2018

    Minority Lawyers On Why They Left BigLaw

    Despite the proliferation of diversity committees and inclusion initiatives, corporate law firms remain overwhelmingly white and male, especially at leadership levels. Here, minority attorneys discuss their reasons for leaving a large firm.

  • June 15, 2018

    Taking On The ‘Petri Dish’ Of BigLaw Bias

    The often-informal processes for deciding matters like compensation at law firms can create, as one expert put it, a “petri dish” for the effects of unconscious bias. Here’s how some firms are looking to shake up the system.

  • June 15, 2018

    The Best Firms For Minority Attorneys

    While U.S. law firms have long vowed to make their ranks more diverse and inclusive, the industry has long failed to deliver on those promises. Here are the firms making some headway, according to this year’s Diversity Snapshot.

  • June 15, 2018

    Law360’s Diversity Snapshot: By The Numbers

    Efforts to increase diversity have again yielded few meaningful changes in law firm demographics, according to Law360’s annual headcount survey, even as law schools continue to enroll students of color in increasing numbers.

  • June 15, 2018

    Law360’s Pro Say: What BigLaw Should Do About Diversity

    For years law firms have had programs aimed at increasing attorney diversity, but nothing is working. On this week’s Pro Say podcast we take a look at our latest survey of diversity at law firms, and unpack what experts say are the things that could actually move the needle on this issue.

  • June 15, 2018

    Wells Fargo, Guarantor Must Pay $2.5M Over Loan Default

    An Indiana federal court ordered Wells Fargo and a Brazilian guarantor Friday to pay more than $2.5 million plus interest and attorneys’ fees to their lender after the two defaulted on a $6 million loan.

  • June 15, 2018

    DC Circ. Won’t Let Energy Cos. Recoup Cold Weather Losses

    The D.C. Circuit on Friday sided against Duke Energy Corp. and Old Dominion Electric Coop., deciding in two cases that the Federal Energy Regulatory Commission did not improperly block their efforts to recoup millions in losses suffered during the 2014 polar vortex.

  • June 15, 2018

    Sabre-Lufthansa Fee Fight To Get Texas High Court Review

    The Texas Supreme Court on Friday agreed to review global ticket distributor Sabre’s argument that the federal Airline Deregulation Act preempts a suit from Lufthansa over alleged interference with ticket sales through improper service fees.

  • June 15, 2018

    Weinstein Co. Floats Deal With 'Hotel Mumbai' Producers

    Bankrupt film studio The Weinstein Co. filed a motion Friday in Delaware seeking approval of a proposed settlement with the producers of a film about the 2008 terror attacks on Mumbai, India, that would resolve a dispute over who owns the distribution rights to the film.

  • June 15, 2018

    Chancery Master Sought For $15B Student Loan Trust

    Players in a strife-torn, $15 billion securitized student loan enterprise on Friday recommended use of a Delaware Chancery Court special master to referee disputed instructions to the fund's owner trustee, pending selection of a replacement for current job-holder Wilmington Trust Corp.

  • June 15, 2018

    Philly Hotel Sued For $9M Over Air Rights

    A Montgomery County-based company has filed a $9 million suit in Pennsylvania state court against the owners and managers of a newly opened downtown Philadelphia hotel that the company claims infringed on its air rights.

  • June 15, 2018

    Miami Beach Hotel Accused Of Seizing Control Of Operations

    A hotel management company contends that a Miami Beach boutique hotel has illegally seized control of operations and has refused to pay its fees on a five-year management agreement, according to a suit lodged in Florida federal court.

  • June 15, 2018

    Iranian Mall Atty Sanctioned For Baseless Pipe Collapse Suit

    A Texas federal judge on Thursday sanctioned an Iranian mall owner's attorney and awarded a construction materials distributor attorneys' fees, finding that the suit revolved around baseless claims that the distributor had been responsible for a parking garage collapse despite the attorney having documents proving otherwise.

  • June 14, 2018

    Oracle, Hewlett Packard Each Seek Win In Software IP Row

    Oracle sought a partial win in its copyright suit against Hewlett Packard Enterprise Thursday, alleging HPE not only illegally gave out its software but that the infringement was part of HPE’s business plan, while HPE insisted there was no evidence the software went to the wrong customers.

  • June 14, 2018

    CrossFit Says Reebok Owes At Least $4.8M In Gear Royalties

    CrossFit Inc. has accused Reebok of robbing it of at least $4.8 million in royalties by secretly changing the way it calculated its sales of the fitness style’s branded apparel, according to a suit filed in California federal court Thursday.

  • June 14, 2018

    Twitter Can’t Block Suit Over White Separatist’s Nixed Account

    A San Francisco judge trimmed but didn’t end a white separatist’s lawsuit against Twitter over its suspension of his account, finding Twitter had made public representations that it wouldn’t censor users and can’t now claim that it has a free speech right to remove content from its platform.

  • June 14, 2018

    Calif. High Court Lets Nursing Home Neglect Suit Proceed

    The California Supreme Court on Thursday denied a nursing home owner's request to review an appellate decision finding that a man did not relinquish his right to sue the home for the alleged wrongful death of his father when he signed an arbitration agreement as his father's representative when he entered the facility.

  • June 14, 2018

    Samsung-Huawei Patent Row Partly Paused On Heels Of SAS

    Part of a dispute between Samsung and Huawei over cellular network patents was put on hold Wednesday by a California federal court, a decision that stems from the U.S. Supreme Court’s recent ruling in SAS Institute.

  • June 14, 2018

    Nigeria Looks To Exit Suit Over $9B Arbitration Award

    Nigeria has asked a D.C. federal court to dismiss an engineering company’s effort to enforce a nearly $9 billion arbitration award issued against the country after it abandoned a gas-processing facility project, saying it wasn’t properly notified of the litigation.

  • June 14, 2018

    Casino Ch. 7 Trustee Wins Bid To Capture CEO’s Assets

    An Illinois federal judge agreed Wednesday to compel the turnover of assets from the deceased chief executive of a Chicagoland casino to its bankruptcy trustee, ruling that the CEO had fraudulently transferred them to his wife.

Expert Analysis

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • How Immigration Issues Can Sour M&A Deals

    Christine Fuqua Gay

    Because the U.S. Department of Homeland Security's E-Verify program is frequently overlooked and misunderstood, immigration compliance issues have become more common in mergers and acquisitions and a basis of post-closing claims, such as those alleged in Post Holdings v. NPE Seller Rep, currently pending in the Delaware Chancery Court, say Christine Fuqua Gay and Ashley Hamilton of Holland & Knight LLP.

  • Establishing Diversity When A Trust Is Involved

    Andrew McClain

    The Third Circuit's opinion in GBForefront v. Forefront Management makes clear that traditional trusts and business trusts are treated differently for purposes of diversity jurisdiction. At the same time, the case begs the question of how to differentiate between a business trust and a traditional trust, says Andrew McClain of Foley & Lardner LLP.

  • El Pollo Loco Verdict Hinges On Good Faith, Fair Dealing

    Steven Yatvin

    Last month, a California court awarded an El Pollo Loco franchisee over $8 million after a company-owned restaurant was established near his operation. The case suggests that, regardless of any contractual agreements, franchisors should consider how a neutral third party would view their dealings with franchisees, says Steven Yatvin of Barack Ferrazzano Kirschbaum & Nagelberg LLP.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • Why Arbitration In Trucking Contractor Agreements Matters

    Robert Campobasso

    In Oliveira v. New Prime, the U.S. Supreme Court faces the question of whether a trucking company can enforce an arbitration clause in its independent contractor agreement with its driver. The repercussions of a decision limiting the binding effects of arbitration clauses would be felt throughout the trucking industry, says Robert Campobasso of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • 9 Ways To Upgrade Calif. Employee Confidentiality Agreement

    Dylan Wiseman

    When was the last time your business reviewed its employee confidentiality agreements? Updating the agreement will greatly reduce your risk of being embroiled in a lengthy, expensive court battle with an employee who departs with your company’s confidential information, says Dylan Wiseman of Buchalter PC.

  • 2 Key Questions After High Court's Epic Systems Opinion

    Andrew McBride

    There are two components to the U.S. Supreme Court’s recent decision in Epic Systems v. Lewis worthy of further thought and analysis. The first is whether anything remains in the battle between individual arbitration clauses and class or collective actions, and the second is Justice Neil Gorsuch’s treatment of the National Labor Relations Board’s Chevron deference argument, say attorneys with Perkins Coie LLP.