Commercial Contracts

  • April 18, 2024

    AGs, Google Defend $700M Play Store Deal Ripped By Judge

    A group of state attorneys general and Google defended the proposed $700 million settlement both sides brokered in the states' antitrust suit against the company in December, telling a San Francisco federal judge that the deal is consistent with Ninth Circuit precedent and releases only a limited set of claims against Google for a seven-year period.

  • April 18, 2024

    T-Mobile, Others Rip 'Hodgepodge' Forced Store Closings Suit

    T-Mobile says it doesn't belong in a suit accusing it and another company of misleading store owners by promising it would open hundreds of new stores in the wake of its $26 billion merger with Sprint in 2020 only to turn around and shut the plaintiffs down.

  • April 18, 2024

    Elevance Units Not Fiduciaries Of Union Plans, Court Told

    A lawsuit that two union healthcare funds brought against Elevance Health Inc. and several subsidiaries should be dismissed because it does not plausibly allege that fund money was overspent on medical care and administrative fees, and the defendants did not have fiduciary responsibilities, attorneys told a Connecticut federal judge on Thursday.

  • April 18, 2024

    Investors In Failed Manila Casino Deal Sue For SPAC Shares

    Shareholders in a blank-check company that failed to take a Philippines casino public have intervened in two Delaware Chancery Court lawsuits to recoup their failed investments, with one seeking to litigate damages from the busted $2.6 billion deal and the other pushing for the company's liquidation.

  • April 18, 2024

    Kimmel Atty Defends Airing 'Patently Ridiculous' Santos Clips

    A lawyer for Jimmy Kimmel told a Manhattan federal judge Thursday that the fair use doctrine of U.S. copyright law allows the late-night host to air silly videos that he tricked indicted former congressman George Santos into making on the personalized messaging platform Cameo.  

  • April 18, 2024

    No Redo For Insurers In COVID-19 Coverage Row, Tribe Says

    The Ninth Circuit should stand by its decision ordering an AIG unit and other insurers to litigate the Suquamish Tribe's COVID-19 business interruption claims in tribal court, the tribe told the appeals court, saying the insurers' request for a do-over distorts the panel's decision and controlling law.

  • April 18, 2024

    9th Circ. Affirms Rosette's Win In Tribe Representation Fight

    The Ninth Circuit has backed a federal district court ruling that found Rosette LLP is not responsible for using allegedly false advertising to induce the Quechan Tribe to drop Williams & Cochrane LLP as counsel on the verge of closing a lucrative gambling contract.

  • April 18, 2024

    Red Roof Franchise Co. Settles IP Fight With Motel Operator

    Red Roof Inn's Ohio-based location franchising company and the Toledo motel operator it accused of still using the hospitality chain's branding almost two years after its franchise agreement was terminated have agreed to settle the intellectual property dispute between them, according to a new joint notice.

  • April 17, 2024

    7th Circ. Affirms Toss Of Indy TV Network's Bias Claims

    The Seventh Circuit upheld the lower court's toss of a Black-owned broadcasting company's racial discrimination claims against DirecTV and Dish Network, agreeing that the underlying retransmission negotiation dispute was a matter of bargaining power, not bias.

  • April 17, 2024

    Ga. Jury Finds Supplier At Fault For Botched Herbicide Job

    An Atlanta federal jury on Wednesday found a company hired to thin out woods on a rural Georgia property and a subcontractor brought in to spray the property with herbicide were responsible for wrecking a developer's plans for turning the location into a quail hunting retreat. 

  • April 17, 2024

    Wash. Winemaker Wants Insurers To Cover $30M Spoiled Wine

    A Washington state winemaker has launched a lawsuit against certain Lloyd's of London underwriters in state court, seeking coverage under a pair of insurance policies for more than $30 million worth of cabernet sauvignon that became too acidic to sell while being stored by another wine producer prior to bottling.

  • April 17, 2024

    Flagstar Bank Beats Overdraft 'Fee Maximization' Suit

    A Michigan federal judge has shut down a proposed consumer class action that accused Flagstar Bank of unlawfully charging millions of dollars in surprise overdraft fees, ruling that the bank had provided clarifying disclosures that left no more room for surprise.

  • April 17, 2024

    Coding Bootcamp Fined $164K For Misleading Student Loans

    A company that runs coding "bootcamps" has been permanently banned from consumer lending after U.S. regulators found it inflated its job placement rates to students and lied to them about a tuition financing program that turned out to be risky loans.

  • April 17, 2024

    Alien Influencer, Ex-Partners Walk Away From IP Row

    A Colorado federal judge has dismissed a lawsuit brought by a motivational speaker and self-described influencer who claims to have met with extraterrestrial beings known as the "Blue Avians," after the influencer and two former business partners agreed to drop dueling claims over movie projects and business ventures gone awry. 

  • April 17, 2024

    Jury Says Caterpillar's Interference Cost Equipment Co. $100M

    A jury in Delaware has rejected antitrust claims against Caterpillar but found that the equipment maker caused a defunct importer $100 million in damages by interfering with its contract to sell equipment through an online sales platform.

  • April 17, 2024

    Data Co. Seeks Coverage For $250M Lebanon Explosion Suit

    A data services company told a Texas state court that its insurers must defend it in an underlying $250 million lawsuit stemming from the 2020 Port of Beirut explosion in Lebanon which killed over 218 people, maintaining that the insurers have wrongfully refused.

  • April 17, 2024

    Panel Agrees Pot Investor's Deal In 2017 Suit Nixes 2019 Suit

    A Washington state appeals court has thrown out an investor's suit alleging that a cannabis venture failed to follow through on a deal to acquire ownership interest in exchange for a $650,000 investment, finding his settlement of a prior suit block his claims.

  • April 17, 2024

    Judge Merges Axos Bank Suits But Won't Appoint Counsel Yet

    A California federal judge has agreed to consolidate a pair of cases over how Axos handled interest rates on savings deposit accounts offered through an online banking division, but rejected its customers' bid to name three law firms as interim co-lead counsel, saying it is not necessary at this time since more consolidation could occur.

  • April 17, 2024

    Ogletree Expands Into Western NY With Ex-Goldberg Atty

    Management-side employment firm Ogletree Deakins is expanding into western New York, announcing Tuesday that it is adding a shareholder in Buffalo from Goldberg Segalla.

  • April 17, 2024

    American Urges 1st Circ. To Reject 'Radical' JetBlue Ruling

    American Airlines has told the First Circuit that a judge's "radical vision of the antitrust laws" that blocked its Northeast Alliance joint venture with JetBlue shouldn't stand, arguing that federal enforcers are relying on misleading claims and outdated precedent to prop up the lower court's mistaken conclusion.

  • April 16, 2024

    Pro-Israel Fart Sprayer Sues Columbia Univ. Over Suspension

    A Jewish Columbia University student on Tuesday lobbed discrimination claims at the university, which he said unfairly suspended him for spraying non-toxic fart spray at a protest over the Israeli-Palestinian conflict, a move he said was designed to "silence" him for his views.

  • April 16, 2024

    Businessman Urges Calif. Court To Refuse $4.4M Award

    A businessman who signed agreements with a Chinese energy management company on behalf of two different investment funds has told a California federal court that he never received proper notice about an arbitration that resulted in a $4.4 million award against him.

  • April 16, 2024

    Al Roker Fired Producer For Supporting DEI Policy, Suit Says

    Television producer William Schultz has sued Al Roker and his production company in New York federal court, alleging that he was wrongfully fired from the show "Weather Hunters" after voicing support for an initiative to bring minority writers onto the PBS children's show.

  • April 16, 2024

    Mercedes Rusty Subframe Suit Is Too Vague, Judge Is Told

    Mercedes-Benz argued in court Tuesday that a proposed class action over a claimed subframe defect should be dismissed as an improper shotgun pleading as it directs allegations at "Mercedes" without specifying whether the German parent company or its Atlanta subsidiary are supposedly to blame.

  • April 16, 2024

    NY Outdoor Stadium Can Host Concerts During Noise Row

    A century-old outdoor stadium in New York where the Beatles once played can continue operating as it battles disgruntled neighbors after a state judge denied the residents' request for a preliminary injunction because they had not shown that noise from the stadium was unreasonable.

Expert Analysis

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

    Author Photo

    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Key Maritime Law Issues In 2024: Environmental Challenges

    Author Photo

    In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

    Author Photo

    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • How Biotech Deals May Help Competition, Despite FTC View

    Author Photo

    The Federal Trade Commission's complaint against Sanofi's proposed partnership with Maze Therapeutics highlights increasing skepticism of so-called killer acquisitions, but a closer look reveals potentially legitimate reasons behind why entities might decide to delay or abandon the development of acquired products, say consultants at Analysis Group.

  • Key Maritime Law Issues In 2024: Geopolitics And Sanctions

    Author Photo

    Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

    Author Photo

    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

    Author Photo

    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Black-Led VC Fund Case Could Hinge On Nature Of Grants

    Author Photo

    Organizations whose missions involve any manner of race-conscious funding should closely monitor arguments this week in American Alliance v. Fearless Fund, a case filed against a grant program that seeks to address the gap in venture capital funding for Black women-led businesses, which will examine whether grants are charitable under Civil Rights Act Section 1981 liability, say Kali Schellenberg and John Stapleton at LeVan Stapleton, and Kenneth Trujillo at Chamberlain Hrdlicka.

  • Unraveling The Bundled Benefits Of Retail Memberships

    Author Photo

    The recent prevalence of paid retail memberships and the associated findings of a consumer survey suggest that assessing consumer preferences and welfare may be important when considering resolution mechanisms in antitrust contexts, say Rosa M. Abrantes-Metz at Berkeley Research Group, Mame Maloney at The Brattle Group and Jeff Brazell at the University of Utah.

  • Ill. Insurance Ruling Helps Developers, Community Orgs. Alike

    Author Photo

    The Illinois Supreme Court's decision in Acuity v. M/I Homes of Chicago, holding that commercial general liability policy exceptions did not prevent coverage for damage caused by faulty workmanship, will bring more potential insurance coverage for real estate developers and, in turn, larger payouts when community organizations sue them, say Howard Dakoff and Suzanne Karbarz Rovner at Levenfeld Pearlstein.

  • Employee Experience Strategy Can Boost Law Firm Success

    Author Photo

    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

    Author Photo

    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • OCC Guidance May Lead Off 'Buy Now, Pay Later' Regulations

    Author Photo

    The Office of the Comptroller of the Currency's bulletin released last month to assist national and federal savings banks with managing the risks posed by "buy now, pay later" lending may be the start of increased state legislation or guidance specifically aimed at regulating such loans, say Susan Seaman and Jacob Huston at Husch Blackwell.

  • Where Justices Stand On Chevron Doctrine Post-Argument

    Author Photo

    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

    Author Photo

    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Commercial Contracts archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!