Commercial Contracts

  • December 02, 2022

    Dismissing Bias Suit Would 'Gut' Fair Housing Act, Judge Told

    A Black career attorney in Illinois asked a federal judge to deny a mortgage lender's request to dismiss a class action suit accusing it of racially biased lending, arguing the dismissal would raise the pleading standard for housing discrimination allegations to an "impossible" level.

  • December 02, 2022

    Google Takes $4B Android Fine Appeal To EU Top Court

    Google is appealing a European court's decision to uphold a record-breaking antitrust fine over claims the company imposed contractual restrictions on phone manufacturers that rely on its Android mobile phone operating system to cement its dominance over general internet searches.

  • December 02, 2022

    Jet Spat Could Resolve Choice-Of-Law Qs, High Court Hears

    The U.S. Supreme Court must resolve a split among the Courts of Appeals over how to interpret general choice-of-law provisions in contracts subject to the Federal Arbitration Act after the Eleventh Circuit refused to vacate a $1 million award to Gulfstream Aerospace Corp., an Australian company urged in a recent petition.

  • December 02, 2022

    Tech Staffing Corp. Says Ex-HR VP Took Trade Secrets

    A technology staffing firm has accused its former vice president of human resources of stealing troves of its confidential information in a lawsuit filed in South Dakota federal court.

  • December 02, 2022

    Energy Co. Asks Texas Justices To Undo $13M Royalty Loss

    Samson Exploration urged the Texas Supreme Court to grant its petition for review and reverse a judgment ordering it to pay more than $13 million in contract late fees in an oil and gas lease dispute, saying the justices should rightly align Texas with the majority of states in regard to how interest is imposed.

  • December 02, 2022

    7th Circ. Wary Of ID Company's Role In Car Rental Dispute

    A Seventh Circuit panel on Friday appeared doubtful that an identity verification company would fall under the arbitration provision of a rental car platform for which it provided services as a third-party beneficiary, questioning why it's not simply an independent contractor engaged in competition at the market price.

  • December 02, 2022

    SPAC Sues Monex, TradeStation In Del. After $1.43B Deal Dies

    A special-purpose acquisition company that was supposed to take TradeStation Group Inc. public in a $1.43 billion deal earlier this year has instead sued the Florida-based financial trading platform and its Tokyo-based parent Monex Group Inc. in Delaware's Court of Chancery.

  • December 02, 2022

    Georgia-Pacific Wants Paper Mill Suit Cut Down

    Georgia-Pacific LLC on Thursday asked a Washington federal judge to throw out most of a lawsuit by Nippon Paper Industries USA, arguing that the suit wrongfully seeks to hold it alone responsible for contamination cleanup costs associated with a paper mill on the Port Angeles Harbor.

  • December 02, 2022

    Judge Boots Atty Irking Court With 'Unnecessary Problems'

    A North Carolina federal judge has pulled approval for an out-of-state attorney to represent a real estate investment firm found in a civil trial to have rigged foreclosure sales after she said he failed to give his client requests for information and vexed the court with illegible briefs and personal attacks on opposing counsel.

  • December 02, 2022

    Skadden Says Lottery.com Hasn't Paid It For Chancery Case

    Skadden Arps Slate Meagher & Flom LLP told the Delaware Chancery Court that Lottery.com has not paid the firm for its work on a case that resulted in an order for a financial firm to return $16.5 million in escrow funds to the online ticket manager.

  • December 02, 2022

    EQT Seeks $13.5M From Defaulted Supplier Of Faulty Valves

    A representative of natural gas producer EQT detailed the company's demand for $13.5 million from the supplier of allegedly faulty emergency shutoff valves Friday, including more than $1 million to cover the costs of replacing the valves and taking active gas wells offline during the replacement process.

  • December 02, 2022

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

    The past week in London has seen Credit Suisse sue collapsed bank Greensill, a breach of contract claim from five former club managers kick off against Watford Football Club, and the Financial Services Compensation Scheme bring legal action against AXA. Here, Law360 looks at these and other new claims in the U.K.

  • December 02, 2022

    Ex-Counsel For Macau Billionaire Wins $1.9M In Fees

    Attorney Hugh H. Mo has won his requested $1.9 million in legal fees from former billionaire client Ng Lap Seng in relation to Mo's representation of him in a bribery case, a New York federal judge has ruled.

  • December 02, 2022

    Avis Customer Attys Ask For $6.3M In Fees In Toll Row

    The attorneys who have represented Avis customers in a class action over hidden toll fees dating back to 2011 are requesting $6.3 million in fees, about 14% of the $45 million settlement the parties agreed to in June of this year.

  • December 02, 2022

    Jay-Z Can't Halt Arbitration Over Bacardi Venture, Judge Says

    A New York judge declined Friday to block arbitration over JPMorgan Chase & Co.'s appraisal of a joint cognac venture between Shawn "Jay-Z" Carter and Bacardi Ltd., rejecting arguments from the rap icon's lawyer that a "completely biased" arbitral panel lacks jurisdiction over the dispute.

  • December 01, 2022

    Ousted Pot Co. Atty Keeps Suit Against Atty Couple Alive

    A California judge on Thursday trimmed one fraud claim from attorney Shauneen Militello's suit accusing husband-and-wife lawyers of a scheme to oust her from a lucrative cannabis venture, but preserved several other claims including professional negligence and found sufficient allegations of an attorney-client relationship between Militello and one of the defendants.

  • December 01, 2022

    IP Forecast: Jury To Hear Apple-Ericsson Licensing Battle

    A federal jury in Marshall, Texas, next week will hear long-simmering arguments from Apple that Ericsson isn't licensing its assortment of cellular patents considered essential to 4G and 5G standards at fair, reasonable and non-discriminatory rates.

  • December 01, 2022

    DirecTV Streamers Join Tying Fight With Disney Over ESPN

    Walt Disney Corp. has been hit with a proposed antitrust class action in California federal court accusing the company of a scheme to hike streaming live pay television prices through a series of agreements with competitors that required them to carry its ESPN channel on their platforms.

  • December 01, 2022

    Parents Defend Bias Suit Against Pa. Sesame Place Park

    Parents alleging that SeaWorld-owned Sesame Place in suburban Philadelphia ignored Black children who wanted to meet their favorite characters have urged a Pennsylvania federal judge not to dismiss their racial discrimination suit.

  • December 01, 2022

    Ruling Says Court Can't Change 'Status Quo' In Fla. Contracts

    Litigation will continue over what documentation commercial property management firm Hybridge must provide to three Florida shopping center owners whose contracts were terminated, after a state appeals court reversed a lower court's preliminary injunction.

  • December 01, 2022

    $31M Construction Fight Belongs In Guatemala, Court Hears

    Guatemala on Wednesday urged a D.C. court to toss litigation to enforce $31 million in arbitral awards that arose from unpaid public works contracts, saying the litigation is a "brazen" effort by a construction and engineering firm to get around the country's public finance laws.

  • December 01, 2022

    Wilson Sonsini Atty Blasts Under Armour Docs 'Harassment'

    A Wilson Sonsini Goodrich & Rosati PC attorney accused Under Armour of harassing him and the firm on Wednesday, seeking to quash a subpoena in an antitrust case the sportswear giant says is based not on his work for plaintiff Multiple Energy Technologies but his partial ownership in it.

  • December 01, 2022

    Marathon Oil's $10.5M Lease Fight Can Move Forward

    A Texas federal judge denied ShenHai LLC's bid to toss a $10.5 million contract dispute brought against it by Marathon Oil Co., finding the court had jurisdiction over the case under the Outer Continental Shelf Lands Act.

  • December 01, 2022

    Hartford Unit Settles With Colliers In Suit Over Defense Duty

    Maxum Indemnity Co. has settled a case by commercial real estate agency Colliers International-Atlanta LLC over its duty to defend Colliers against claims of liability for a corrupt broker, just three weeks after a Georgia federal judge ruled the duty existed until it didn't.

  • December 01, 2022

    Former Exec At 50 Cent's Cognac Biz Appeals Arbitration Loss

    A former brand manager at a spirits company owned by rapper Curtis "50 Cent" Jackson will ask the Second Circuit to overturn a Manhattan federal judge's ruling that ordered him to pay a $6.2 million arbitration award for taking kickbacks from wholesalers.

Expert Analysis

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

  • Building Better Brand Deal Agreements For Influencers

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    Attorneys can help independent content creators and social media influencers who are offered corporate marketing partnerships negotiate better terms and avoid unexpected liability by knowing common pitfalls in brand deal agreements, says Julian Sarafian at For Creators by Creators.

  • Int'l Arbitration Will Be Key Contract Issue For Space Industry

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    Commercial contracts related to space-sector activity should provide for international arbitration because it will help ensure the speedy and confidential resolution of disputes, which will inevitably increase in number given the scarcity of orbital slots and frequencies, and the growing number of participants, say attorneys at Crowell & Moring.

  • COVID-19 Effects Linger In M&A Details

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    President Joe Biden may have declared the COVID-19 pandemic over, but it continues to have a lasting effect in mergers and acquisitions, where buyers and sellers are adding new deal terms to contend with business risks resulting from COVID-19 — and more specifically, the Coronavirus Aid, Relief and Economic Security Act, says Marlen Whitley at Townsend & Lockett.

  • Co-Authorship Takeaways From Pop Star Copyright Battles

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    This year's song copyright ownership battles involving Post Malone and Lizzo illustrate how songwriters working in informal settings without consideration of legal formalities can encounter claims of joint authorship from alleged co-writers, and the common thread in such claims is the absence of a written agreement, says Matthew Wilson at Arnall Golden.

  • How, And Why, To Become An Impact Investment Lawyer

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    The fast-evolving world of impact investing can offer fulfilling careers to corporate finance attorneys, but success requires an innovative mindset, intense focus on this interdisciplinary field and a genuine commitment to changing the world, says Chintan Panchal at RPCK Rastegar.

  • Opinion

    Law Schools Are Right To Steer Clear Of US News Rankings

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    By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

  • How CRE Buyers' Counsel Should Help Negotiate Sales

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    With commercial real estate deals becoming increasingly difficult for buyers in the current economy, it is crucial for buyers' counsel to understand how to push for specific representations and warranties in purchase and sale agreements without jeopardizing the deal, says Etan Moskovic at Cassin & Cassin.

  • Cyber Risk Should Rocket To Top Of Space Sector's Priorities

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    The ease with which security experts have been able to hack into orbiting satellites and the absence of laws to determine liability for space collisions illustrate the need for private sector technologists to educate policymakers and help shape an updated regulatory framework that can keep up with the rapid commercialization of space, says John Bennett at Kroll.

  • Opinion

    Litigation Funders Seek Transparency In Disclosure Debate

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    Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

  • How A Michigan Case Could Upend Auto Part Contracts

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    MSSC v. Airboss Flexible Products is testing Michigan's long-standing auto industry supply chain contract principles — and the state supreme court's upcoming ruling in the case could transform contracting for component suppliers and purchasers, say Alexis Chandler and Sarah Rathke at Squire Patton.

  • 5 Principles For Better Professional Development Programs

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    The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

  • Series

    My Favorite Law Prof: How I Learned To Practice With Passion

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    First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.

  • Why Warranty Providers May Explore CCPA Exemption

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    In order to prepare for the coming wave of state consumer privacy laws across the country, organizations in the extended warranty industry should assess their exposure to the California Consumer Privacy Act and the applicability of the Gramm-Leach-Bliley Act’s exemption, say attorneys at Locke Lord.

  • Partnership Tips For Cos. And Celebs After Ye-Adidas Fallout

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    Adidas' recent decision to terminate its relationship with Kanye West after he made antisemitic comments shows that when entering into brand partnerships, corporations should consider due diligence and risk mitigation, and celebrities should identify critical advisers, says Sekou Campbell at Culhane Meadows.

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