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Commercial Contracts

  • July 10, 2018

    Biotech Co. Slams 'Rapacious Individuals' In $28M TM Suit

    Biotech company AntiCancer Inc. on Monday hit former contractors with a $28.1 million trademark suit in California federal court, accusing the group of "well-financed, rapacious individuals" of stealing its valuable tumor samples and poaching its marks for cancer-treating methods.

  • July 10, 2018

    Medical Cannabis Co. Sues 'Sham' Tribal Entity Over Deal

    A medical cannabis company has filed a lawsuit in New York federal court to recover payment from what it called a "sham business entity" for a now-finished consulting deal related to the development of a medical marijuana program, saying the entity claimed to be tribally chartered in order to get sovereign immunity protection.

  • July 10, 2018

    Google's Bid To Duck Antitrust Row A 'Strawman': Photo Co.

    A stock photography company behind a sprawling antitrust suit accusing Google of stifling access to the company's images has said the tech giant is trying to deflect attention from its conduct by hoisting irrelevant "strawman" market theories in a bid to duck the California federal court case.

  • July 9, 2018

    How Kavanaugh’s Conservative Cred, DC Ties Won The Day

    In D.C. Circuit Judge Brett Kavanaugh, President Donald Trump turned to a U.S. Supreme Court nominee who built a reputation on the court for fighting government overreach — making him the favorite of the Republican legal establishment.

  • July 9, 2018

    Senate Battle Lines Drawn With Kavanaugh As Trump's Pick

    President Donald Trump’s announcement of D.C. Circuit Judge Brett Kavanaugh to replace retiring Supreme Court Justice Anthony Kennedy on Monday night quickly generated strong reactions across Capitol Hill as senators on both sides of the partisan divide braced for a battle over the future of the Supreme Court.

  • July 9, 2018

    5 Kavanaugh Opinions You Need To Read Right Now

    President Donald Trump called Judge Brett Kavanaugh a "judge's judge" when he named him Monday as his pick to succeed retiring U.S. Supreme Court Justice Anthony Kennedy. As all eyes turn to the Senate for what is expected to be a bruising confirmation process, here are the opinions to know.

  • July 9, 2018

    Trump Picks Brett Kavanaugh For Supreme Court

    President Donald Trump on Monday nominated Judge Brett Kavanaugh, a 12-year veteran of the D.C. Circuit, to replace Justice Anthony Kennedy on the U.S. Supreme Court.

  • July 9, 2018

    Blue Bell Shakes Most Investor Claims In Listeria Outbreak

    A Delaware Chancery Court judge allowed only one claim to survive a motion to dismiss a derivative action against Blue Bell Creameries over a deadly 2015 listeria outbreak, saying that while the dairy company’s general partner may have breached its partnership agreement, its parent and directors cannot be held liable.

  • July 9, 2018

    IHeartMedia Defends Bid To Retain 2 Ch. 11 Financial Advisers

    IHeartMedia on Monday asked a Texas bankruptcy court to reject creditor objections to its request to retain a pair of financial advisers, saying the requested fees are reasonable considering the size and complexities of the the radio broadcast giant’s Chapter 11 case.

  • July 9, 2018

    Calif. Bank Says Fake Heiress Scored $15M Loan In Scam

    A California bank on Friday accused a television executive of claiming to be an heiress to a trust created by founders of defense contractor McDonnell Douglas Corp., alleging in a California federal suit that she falsified her identity to land nearly $15 million in loans and fund her struggling company.

  • July 9, 2018

    Hyatt Developer Can't Get €7.4M Award Nixed In Singapore

    A Singapore judge dismissed a bid by the developer of what was to be the first Hyatt-branded hotel in Sri Lanka to set aside a €7.4 million ($8.72 million) arbitral award issued to Italian luxury furnishing company Interna Contract SpA, ruling that the award is valid.

  • July 9, 2018

    Kelley Drye Fights 'Vicious' Accusations In Telecom Row

    In a series of filings Monday in Florida federal court in a bitter telecom contract fight, Kelley Drye & Warren LLP fought back against "vicious" allegations that it intentionally broke a court order and helped client Peerless Network Inc. misuse sensitive customer data from rival Local Access LLC.

  • July 9, 2018

    Printing Co. Says Arbitrator 'Refused To Follow' Texas Law

    Wholesale print manufacturer Ennis Inc. has urged a Texas federal court to vacate a nearly $2 million arbitration award secured by a subsidiary of Canadian apparel maker Gildan Activewear Inc. in a severance payment dispute, saying a Delaware arbitrator "refused to follow" Texas law.

  • July 9, 2018

    Houston Teams, Comcast Spar Over Deal's Value In Ch. 11

    Comcast faced off on Friday with MLB’s Houston Astros and the NBA’s Rockets over the $100 million question of how to revalue a 2010 contract at the heart of a bitter feud over a defunct local sports station, after the Fifth Circuit remanded the issue to Texas bankruptcy court in May.

  • July 9, 2018

    Halcón Wins Halt Of Tribal Court Contract Case

    A North Dakota federal judge on Monday granted a Halcón unit’s bid to stop the Fort Berthold District Court of the Three Affiliated Tribes of the Fort Berthold Indian Reservation from exercising jurisdiction over an underlying oilfield equipment rental suit in that tribal court.

  • July 9, 2018

    Stan Lee Drops $1B Fraud Suit Against Media Co. He Built

    Famed comic book creator Stan Lee announced Monday that he has dropped his $1 billion California state court fraud suit against Pow Entertainment Inc., which had claimed the company he helped to create profited by stealing his identity, likeness, name and image.

  • July 9, 2018

    Baseball Team Seeks Atty Sanctions For ‘Vexatious’ Conduct

    A team in the independent Frontier Professional Baseball Inc. League asked an Indiana federal court to sanction the league’s former counsel for increased costs caused by the lawyers’ "vexatious and unreasonable" conduct in a civil conspiracy suit that ultimately settled following the team’s failed expansion efforts.

  • July 6, 2018

    Playboy Model Sues GOP Funder, Avenatti And Former Lawyer

    Shera Bechard, a former Playboy model, sued Republican fundraiser Elliott Broidy and attorneys Michael Avenatti and Keith M. Davidson in Los Angeles state court on Friday, naming multiple players involved in Stormy Daniels’ suit against President Donald Trump in her own complaint before asking the court to seal it.

  • July 6, 2018

    Nielsen Settles Bribery Suit With Bubba The Love Sponge

    Telecommunications ratings giant Nielsen Audio Inc. announced to a Florida federal court on Friday it had settled with Bubba the Love Sponge, a nationally syndicated radio host accused of trying to bribe the panelists whose listening input set radio rankings.

  • July 6, 2018

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

    The last week has seen dozens of energy companies and insurers sue Danish shipper Torm, a British private equity firm and a Goldman Sachs unit lodge a dispute with a handful of Portuguese companies and nearly two dozen British rail operators take on Visa and MasterCard just hours after an appellate ruling dealt the credit card giants a setback in their battle with retailers. Here, Law360 looks at those and other new claims in the U.K.

Expert Analysis

  • 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.

  • Analyzing The Economics Of Litigation Funding

    J.B. Heaton

    The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.