Commercial Contracts

  • June 30, 2025

    4 Mass. Rulings You May Have Missed In June

    A now-shuttered Boston firm scored a win in a legal malpractice lawsuit by a youth soccer program, while a securities brokerage found that the old adage "if at first you don't succeed, try, try again" doesn't apply to litigation, among other recent noteworthy decisions in Massachusetts state court.

  • June 30, 2025

    DraftKings Hammers Away At Suit Disputing Voided NBA Bets

    DraftKings is looking to sink a proposed class action that an aggrieved customer brought alleging the online betting giant cheated him out of a six-figure payout by canceling wagers he placed with faulty odds, telling an Indiana federal judge the lawsuit's central claims are "untenable."

  • June 30, 2025

    Consulting Firm Says Ex-Exec's Wage Suit Is In Wrong Venue

    Consulting firm Profit Drivers LLC, its sole member and its chief executive officer have asked a Connecticut federal judge to dismiss a suit brought by their onetime vice president and chief financial officer claiming he was never paid for his work, arguing they have no ties to the Constitution State.

  • June 30, 2025

    Judge Hits Pause On Civil RICO Suit Against NJ Power Broker

    A New Jersey judge has entered a consent order pausing a real estate developer's civil racketeering suit against influential South Jersey businessman George Norcross III, holding the parties' dispute in stasis until an appeal over the dismissal of a related criminal indictment can be resolved.

  • June 30, 2025

    Calif. Panel Chides Attys Who Hid Opponent's Inactive Status

    In a precedential ruling, a California appellate panel found a party whose counsel's license was made inactive should have been treated as though the attorney had died or been suspended, overturning a $70,000 fee award levied against a woman who was not informed that her lawyer was inactive.

  • June 30, 2025

    Conn. Firm Settles Ex-Client's Malpractice Suit Over Biz Sale

    Connecticut law firm Oberst DeFala Law PC and a former client have settled a malpractice lawsuit alleging attorney Sharon Oberst DeFala improperly represented both parties in a restaurant buyout and drafted an agreement that favored the seller, court records show.

  • June 30, 2025

    High Court Won't Weigh Class Standard In Junk Fax Row

    The U.S. Supreme Court on Monday declined to take up a dispute over whether online faxes are covered by the Telephone Consumer Protection Act and whether plaintiffs pressing these claims are required to show an administratively feasible way to identify class members.

  • June 30, 2025

    Justices Rebuff American Airlines' Bid To Revive JetBlue Pact

    The U.S. Supreme Court on Monday rebuffed American Airlines' bid to revive its codeshare agreement with JetBlue in Boston and New York.

  • June 30, 2025

    High Court To Hear Fight Over Investment Fund Suits

    The U.S. Supreme Court on Monday agreed to hear a case that could limit the ability of private parties to assert contract violations against investment funds, with one activist investor accusing several closed-end funds of shutting it out of its voting rights.

  • June 27, 2025

    Texas Justices OK Methodist Church's Suit Against SMU

    The Texas Supreme Court found the United Methodist Church has the right to sue Southern Methodist University over its attempted split, but in a Friday opinion drew short of saying the university filed false paperwork as part of the breakup.

  • June 27, 2025

    Biogen, Genentech May Stay Mum On Damages At Trial

    A California federal judge Friday discouraged Biogen and Genentech from discussing the "magnitude of the money at issue" during their upcoming breach of contract trial over alleged patent royalties due from sales of Biogen's multiple sclerosis medicine, noting that most of the jurors are "not of significant means."

  • June 27, 2025

    Borrower Loses Bid To Void $19M Loan Repayment Award

    A California federal judge has declined to grant a borrower's request to escape an arbitral award ordering him to repay a $19 million loan from a Chinese businesswoman, ruling he should have instead raised his argument before the arbitrators.

  • June 27, 2025

    Wells Fargo Beats Some Claims In Cash Sweep Litigation

    A federal judge on Friday nixed some claims in a proposed class action accusing Wells Fargo of harming customers through its cash sweep deposit program by giving them only minimal interest on their holdings, including a claim that the bank breached its fiduciary duties to its indirect clients.

  • June 27, 2025

    Puerto Rico Soccer League Slims Down FIFA Antitrust Lawsuit

    A now-defunct Puerto Rican soccer league on Thursday filed a fourth amended complaint in its suit against FIFA, eliminating previously dismissed claims under the Racketeer Influenced Corrupt Organizations Act, as well as claims that had been put forward by an attorney disqualified from the antitrust case.

  • June 27, 2025

    Insurer Seeks End Of Golf Co.'s $3.1M Hurricane Claim

    A property insurer for a golf course owner told a North Carolina federal court it should toss the owner's claims that the insurer failed to pay an additional $3.1 million in coverage for Hurricane Helene-related damage in bad faith, saying it failed to back up such claims with specific factual allegations.

  • June 27, 2025

    Jury Adds $30M More To Fleet Tech Co.'s Trade Theft Trial Win

    An Illinois federal jury on Friday more than doubled the $28.9 million in damages it awarded a day earlier to a fleet management technology firm after finding a garbage truck manufacturer poached its former executive and capitalized on stolen trade secrets, slapping a $30 million punitive award atop the initial verdict.

  • June 27, 2025

    Off The Bench: Tatis Says Loan 'Predatory,' Tennis Player Suit

    In this week's Off The Bench, a Major League Baseball star wants out of a "predatory" loan from a future earnings investment company, a group of migrant workers keep alive their suit accusing companies that helped develop World Cup facilities in Qatar of exploitation and abuse, and the tennis Grand Slam tournaments may be in the crosshairs of players suing the sport's hierarchy.

  • June 27, 2025

    Vertical Farm Co. Owner Cops To Tax Evasion, Fraud Scheme

    The owner of a business that helped people set up vertical farms admitted to skipping his income taxes and taking money from customers, including an autism charity, without holding up his end of the deal, according to filings in a Pennsylvania federal court.

  • June 27, 2025

    Taxation With Representation: Weil, Freshfields, Sidley Austin

    In this week's Taxation With Representation, Spectris backs a takeover offer from Advent, C&S Wholesale Grocers acquires SpartanNash, NBA team owners approve the sale of the Minnesota Timberwolves and Lynx to a consortium led by former limited partners Marc Lore and Alex Rodriguez, and Illumina Inc. acquires SomaLogic from Standard BioTools.

  • June 27, 2025

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

    This past week in London has seen the British Basketball Federation sued by members of the men's professional basketball league for alleged competition breaches, songwriter Coco Star file an intellectual property claim against Universal Music Publishing, and the Solicitors Regulation Authority file a claim against the Post Office amid ongoing investigations into law firms linked to the Horizon IT Scandal. Here, Law360 looks at these and other new claims in the U.K.

  • June 27, 2025

    NC Biz Court Bulletin: Last-Minute Settlements Head Off Trials

    Untouched by the summer slump, the North Carolina Business Court kicked off June with a sanctions order against a biogas company caught spurning court orders and a new complaint by a former NFL player accusing his longtime financial adviser of defrauding him for decades.

  • June 26, 2025

    Student Loan Servicer Must Face Class Action Fraud Claims

    A Chicago federal judge has kept alive a proposed class action accusing student loan giant Great Lakes Educational Loan Services Inc. of misleading borrowers about how it would automatically apply payments above their monthly minimums owed, though he trimmed an unjust enrichment claim from the suit.

  • June 26, 2025

    Phillip Morris Moves To Arbitrate Rivals' Tobacco Deal Suit

    Philip Morris USA is urging a Washington state judge to force arbitration in a dispute with R.J. Reynolds and other tobacco companies over deals delineating billions of dollars in annual payments owed to states under Big Tobacco's 1998 master settlement agreement.

  • June 26, 2025

    Fleet Tech Co. Wins Nearly $29M In Trade Secret Theft Trial

    An Illinois jury awarded fleet management technology firm Sonrai Systems LLC more than $28.9 million Thursday, finding a garbage truck manufacturer the company had worked with had poached an executive and used confidential information he stole to develop a competing product.

  • June 26, 2025

    Buyer Sanctioned For Scrapping $16M Deal With Cattle Co.

    A Texas federal judge sanctioned a would-be buyer of assets for a defunct cattle trading company at the center of an alleged $161 million Ponzi scheme, saying during a Thursday hearing that the buyer should not have stalled before confessing it didn't have the funds.

Expert Analysis

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • Lessons Learned From SAS' Flight Through Chapter 11

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    Scandinavia's SAS is the first European airline to find its wings through the U.S. Chapter 11 process since COVID-19 rocked the aviation industry — and while the process involved some familiar steps, certain complex jurisdictional issues and non-U.S. stakeholders required the carrier to venture into uncharted airspace, says Emily Hong at Norton Rose.

  • Bankruptcy Ruling Provides Guidance On 363 Asset Sales

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    HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.

  • Anticipating Calif. Oversight Of PE Participation In Healthcare

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    A new bill recently introduced in the California Senate revives last year's attempt to increase oversight of healthcare transactions involving private equity groups and hedge funds, meaning that attorneys may soon need to assess the compliance status of existing management relationships and consider modifying contract terms, says Andrew Demetriou at Husch Blackwell.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

    Excerpt from Practical Guidance
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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • If Elphaba Had Signed A Restrictive Covenant In 'Wicked'

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    Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • Notable Q4 Updates In Insurance Class Actions

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    In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy

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    A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.

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