Commercial Contracts

  • March 21, 2025

    Travelers Wants Exit From $4.5M Faulty Apartment Settlement

    Travelers told a Georgia federal judge Friday that the insurer should not owe the lion's share of a construction contractor's $4.5 million settlement over botched site work at an apartment complex, arguing the bill should be footed by the company's primary policies with Amerisure.

  • March 21, 2025

    Bausch & Lomb Says Amcor Must Pay For Botched Bottles

    A packaging company evaded quality controls to deliver defective plastic bottles that caused a slowdown in manufacturing at a Bausch & Lomb facility, the eye care company has claimed in a complaint filed in Michigan federal court.

  • March 21, 2025

    Off The Bench: Celts Sold, Tennis 'Cartel,' DraftKings In Deep

    In this week's Off The Bench, two BigLaw titans help steer the record sale of a prestigious NBA franchise, tennis pros heap damning antitrust allegations on the sport's leadership, and DraftKings remains mired in a dispute over its use of baseball players' likenesses to promote their gambling offers.

  • March 21, 2025

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

    This past week in London has seen a sub-postmaster sue the Post Office and Fujitsu, Russian insurer Ingosstrakh hit the Financial Times with a defamation claim, and Britvic-owned Robinsons Soft Drinks file a passing off claim against Aldi. Here, Law360 looks at these and other new claims in the U.K.

  • March 20, 2025

    Media Matters Says X Can't Restrict Dispute To Texas

    A nonprofit media watchdog wants to preserve its California federal lawsuit challenging social media site X's efforts to pursue defamation claims in Texas federal court, telling a Texas federal judge that X failed to adequately argue for an anti-suit injunction.

  • March 20, 2025

    'Epic Self-Own': Lively Says Baldoni Libel Suit Hikes Damages

    Blake Lively urged a New York federal judge on Thursday to toss Justin Baldoni's claims that she defamed him with sexual harassment allegations, saying the law prohibits such retaliatory libel suits and that he has committed an "epic self-own" that will put him on the hook for additional damages.

  • March 20, 2025

    Calif. Panel Doubts Byron Allen's $100M McDonald's Suit

    A California appeals panel expressed skepticism Thursday at an attempt by Byron Allen's television companies to revive their $100 million lawsuit accusing McDonald's of lying in a 2021 pledge to spend more advertising money on Black-owned media.

  • March 20, 2025

    Sanyo Owes $1 In Touchscreen Tech Case, Judge Finds

    An electronics manufacturer on Thursday was awarded $1 in damages by a Michigan federal judge after it prevailed on its claim that Sanyo North America Corp. wrongly used its touchscreen technology to develop a vehicle console for General Motors.

  • March 20, 2025

    Ex-Kubient CEO Gets 1 Year For Lying About AI Fraud Tool

    A New York federal judge on Thursday sentenced software company Kubient Inc.'s former CEO to a year and a day in prison for putting $1.3 million in phony revenue on the digital advertising technology company's books and lying about an artificial intelligence-powered tool meant to spot digital ad fraud.

  • March 20, 2025

    Fla. Fund Sued In Del. After Denying Investor Redemptions

    Investors in Florida-based limited partnership P and J Titan Fund LP sued the fund, its general partner, sole director and investment manager in Delaware's Court of Chancery on Tuesday, alleging improper redemption refusals and diversions of funds.

  • March 20, 2025

    Fox Sues Mexico Media Cos. For $13M Over Broadcast Deal

    Fox and its streaming service Tubi have filed suit against a group of Mexican media companies in California federal court alleging they breached contracts over soccer-related broadcasting rights and failed to pay $13 million owed for sublicense agreements.

  • March 20, 2025

    Pot Co. Disputes 'Forgery' Of Service In Banking Suit

    A cannabis company is urging an Oregon federal court to reject a venture capital firm's bid to vacate a default judgment in a suit against a defunct cannabis "neobank," saying the evidence shows the suit was properly served and that receipts weren't forged.

  • March 20, 2025

    Property Owner Demands Appraisal Of $10.5M Hail Claim

    A Tennessee property owner asked a federal court Thursday to order a Travelers unit to participate in an appraisal of its hail damage claim, alleging the insurer denied coverage even though an "independent evaluation" of the owner's damages estimated that the hail damage exceeded $10.5 million.

  • March 20, 2025

    Investor Sues For Real Estate AI Co. Shares Under $100M Deal

    A Luxembourg-based investment firm sued artificial intelligence homebuying platform ReAlpha in New York federal court, seeking to enforce a $100 million share purchase agreement a week after a federal judge rejected the platform's attempt to escape the deal.

  • March 20, 2025

    NJ Firm Can't Force Arbitration Of Ex-Leader's Firing Suit

    New Jersey personal injury firm Ginarte Gonzalez & Winograd LLP cannot steer a former managing partner who claims the firm retaliated against him for protected activity into arbitration after it waived the right to arbitrate his claims before a judge, a state appellate court ruled Thursday.

  • March 19, 2025

    Ryan Reynolds Says Baldoni's Claims Are Just 'Hurt Feelings'

    Ryan Reynolds has urged a New York federal court to throw out Justin Baldoni's defamation suit against him, arguing that the "It Ends With Us" actor-director's complaint is devoid of any legitimate allegations and merely stems from Baldoni's "hurt feelings" in his ongoing beef with Reynolds and Blake Lively.

  • March 19, 2025

    'Weird' Mass Arb. Fights Have Judge Questioning FAA's Reach

    A California federal judge who held Verizon's arbitration agreements to be unconscionable told a law forum panel Wednesday in San Diego that the rise of mass arbitration cases and companies' increasingly "creative" efforts to avoid arbitration has him finding the process "weird" and asking, "What's wrong with the courts?""

  • March 19, 2025

    Texas Justices OK With Venue Appeal Despite 'Politics' Involved

    A Texas Supreme Court justice lamented Wednesday that venue choice has become "a matter of politics," but told counsel for the family of a girl killed when a bus ran into her that the law seemingly gives the opposing party the right to appeal a venue decision from the trial court.

  • March 19, 2025

    Netlist, Samsung Contract Fight Gets New Judge Mid-Retrial

    The third trial in a dispute over whether Samsung Electronics Co. breached a patent licensing agreement with chipmaker Netlist Inc. was reassigned to a new California federal judge Wednesday on its second day, after the long-running case's previous overseer recused due to concerns about his impartiality being questioned.

  • March 19, 2025

    Toxic-Loft Suits Too Late, But Owners Share Blame, Jury Says

    A California state jury in Los Angeles found Wednesday that 20 residents of an art loft building waited too long to file toxic exposure claims, but suggested that the building owners caused the delays, triggering further proceedings before a judge.

  • March 19, 2025

    Fla. Wellness Promoter Sued Over Disloyalty, $13M Side Gig

    An investment management firm has sued a longevity expert and human biologist in Florida state civil court over disloyalty in a wellness business venture, alleging he ran a $13 million business on the side despite having a noncompete agreement requiring him to devote most of his time to the company.

  • March 19, 2025

    Samsung, LA Resident Settle Galaxy Wristband PFAS Suit

    A California federal judge Wednesday closed the book on a Los Angeles resident's proposed class action alleging Samsung Electronics America Inc. uses "forever chemicals" in the wristbands it sells for its smartwatches and fitness trackers, the same day the parties reported reaching a resolution.

  • March 19, 2025

    Ill. Justices Probe Wholesalers' Knowledge Of Tainted Cilantro

    Justices on Illinois' top court on Wednesday pressed attorneys in a case over allegedly contaminated cilantro to address when two wholesalers had actual knowledge the product may have made people sick, and what moment triggered a duty by a distributor to give notice for an implied warranty of merchantability claim.

  • March 19, 2025

    Texas Justices Skeptical Boeing Can Dodge Airline Union Suit

    Texas Supreme Court justices seemed wary of Boeing Co.'s argument that a pilot's union can't sue over lost compensation after a pair of deadly crashes involving the company's 737 Max airplanes, saying during oral arguments Wednesday it was seemingly making "policy arguments for Congress."

  • March 19, 2025

    8th Circ. Upholds No-Coverage Ruling In Floor Paint Suit

    A flooring company's insurer has no duty to cover roughly $134,000 in costs to remove and replace a vinyl floor because of a subcontractor's shoddy painting, the Eighth Circuit ruled Wednesday, rejecting the company's position that an exception in a faulty work exclusion applied to restore coverage.

Expert Analysis

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Contract Disputes Recap: Addressing Dispositive Motions

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    Stephanie Magnell and Bret Marfut at Seyfarth examine three recent decisions from the U.S. Court of Claims and the U.S. Civilian Board of Contract Appeals that provide interesting takeaways about the nuances of motion practice utilized by the government to dispose of cases brought under the Contract Disputes Act prior to substantive litigation

  • What 2 Rulings On Standing Mean For DEI Litigation

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    Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • Arbitration Implications Of High Court Coinbase Ruling

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    The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.

  • A Look At Calif. Contract Considerations In Fiji Water Ruling

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    A California appellate court's recent decision in Carolina Beverage v. Fiji Water, that a party may not seek contractual recovery on the basis of constructive termination, offers a look at contract construction and other considerations on negotiating distribution agreements, says Michael Laszlo at Clark Hill.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Practical Private Equity Lessons From 2 Delaware Deals

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    A pair of Delaware Chancery Court cases remind private equity sponsors that specificity is crucial through the lens of deal certainty, particularly around closing conditions and agreement sections of acquisition agreements, say Robert Rizzo and Larissa Lucas at Weil Gotshal and William Lafferty at Morris Nichols.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • How Uyghur Forced Labor Law Affects Importing Companies

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    Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.

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