Commercial Contracts

  • May 26, 2020

    Bank Sued Over $900M Securitization Deal Disrupted By Virus

    An asset-backed securitizer hit The Bancorp Bank with a suit in New York state court Monday, alleging the bank refused to honor a "market disruption" clause when the coronavirus pandemic and ensuing financial volatility killed their $900 million mortgage loan securitization deal.

  • May 26, 2020

    Oil Co. Says It Can Keep Payments For Well Constructions

    A Texas oil and gas exploration company says it's entitled to $2 million or to keep previous payments from an energy fund that failed to finish funding the construction of three wells in Howard County.

  • May 26, 2020

    Digital Receptionists Say Firm Can't Cut Access To Customers

    A virtual reception service told an Oregon federal court that a law firm suing it over its billing practices is improperly trying to block the service from communicating with its clients while the class action continues.

  • May 26, 2020

    Pittsburgh Restaurant Accused Of Using Virus To Break Lease

    A restaurant slated for a historic downtown Pittsburgh building is using delays caused by the COVID-19 pandemic to break its lease, according to a complaint the landlord filed Tuesday in Pennsylvania state court.

  • May 26, 2020

    Billionaire Claims Vale Knew Guinea Mining Deal Was Corrupt

    Israeli billionaire Beny Steinmetz is claiming that new evidence recently uncovered by the Israeli private intelligence agency Black Cube in his long-running dispute with Vale SA over a doomed Guinean mining project shows that the Brazilian miner knew about the alleged fraud underpinning the deal from the beginning.

  • May 26, 2020

    Ex-Pierce Atty Says Colleague Lied In Boeing Max 8 Hearing

    Confusion about Pierce Bainbridge's role in an airline class action mounted in recent days as a former Pierce attorney accused a one-time firm leader of potentially lying in court and another attorney representing the embattled partnership of trying to "intimidate" him into silence.

  • May 26, 2020

    Gas Storage Cos. Want $4M For Pipe Collapse

    An engineering company contracted to repair a well negligently applied too much force during a pipe replacement and caused over $4 million in damage, the well's operators have told a Texas state court.

  • May 26, 2020

    Immigrant Doctor Says Merck Can't Nix Suit Over Revoked Job

    A doctor with a student visa argued Monday that Merck can't slip her claim that it rescinded a job offer because it had failed to look into her visa status, saying it hadn't proven the recruiter who told her she "should be OK" had quit before the conversation supposedly took place.

  • May 26, 2020

    Centennial Wants $10M For Failed $150M Saltwater Well Deal

    A Centennial Resource Development unit has asked a Houston-area court to help it recover $10 million from a busted deal with a Texas midstream company that allegedly got cold feet and backed out of a $150 million saltwater disposal well deal at the last minute.

  • May 26, 2020

    High Court Won't Mull Waiver In Painter's Ch. 11 Contract Row

    The U.S. Supreme Court on Monday refused to hear arguments from a construction company over whether it gave up its right to appeal in a contract dispute when it inked an agreement to drop the entirety of its claims if a Pennsylvania bankruptcy judge ruled against it in the case.

  • May 26, 2020

    Landlord Says Jenner & Block Owes $3.7M In Unpaid Rent

    Jenner & Block LLP is in a fight with its Chicago landlord over how much in rent the firm must pay while its office space goes largely unused because of the coronavirus pandemic, with the landlord asking for more than $3.7 million.

  • May 22, 2020

    Law360 Reveals Titans Of The Plaintiffs Bar

    They've represented consumers, companies, and government entities, taken on Goliaths in industries ranging from aerospace to health care to finance to technology to sports, and won landmark victories on behalf of clients across the country.

  • May 22, 2020

    COVID-19 IP Catch-Up: Courts Divided On Getting IP To Trial

    Intellectual property proceedings impacted by the COVID-19 pandemic have been pressing along on different timelines throughout the country, with live oral arguments resumed for a case in Michigan, trials further delayed in California and witnesses allowed to stay home in New York. The Federal Circuit, taking the state-by-state unpredictability into account, has called off in-person arguments indefinitely. 

  • May 22, 2020

    Akorn Gets OK To Tap Into $30M Ch. 11 Funds

    Specialty pharmaceutical giant Akorn Inc. was cleared Friday by a Delaware judge to tap into its $30 million debtor-in-possession loan as it seeks a Chapter 11 buyer for its assets with a floor bid worth roughly $1 billion in place from secured lenders.

  • May 22, 2020

    CBD Trade Secret Suit Axed Over Hemp Co.'s Lack Of Counsel

    A Florida federal judge has thrown out a hemp company's trade secrets suit after it failed to hire new counsel, ending the company's claims that former collaborator Medterra CBD was profiting off a stolen formula for CBD body cream.

  • May 22, 2020

    Caprock Midstream Hit With $9.5M Suit Over Merger Deal

    Caprock Midstream has been accused in Texas state court of tricking a Blackstone Energy Partners-owned midstream energy company into a $950 million merger by withholding information about various liabilities and potential claims during negotiations.

  • May 22, 2020

    NJ Co. Asks To Move Texas Hotel Fraud Suit To Fed Court

    An elevator company has asked a federal judge to move a Dallas hotel venture's $1 million fraud suit against it out of state court, saying the state court had already ruled against a local construction firm also named in the case.

  • May 22, 2020

    Ex-GE Workers Accused Of Forgery In Angola Energy Deals

    Former General Electric employees are accused of forging and Photoshopping documents related to energy contracts in Angola and undermining a local business partner's $1.1 billion government contracts as part of a cover-up, according to a complaint filed in New York federal court.

  • May 22, 2020

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

    The past week in London has seen a Puerto Rican lender sue Venezuela's state-run oil company months after inking a settlement over suspicious payments, a Dutch tulip grower take Maersk into court over a cargo shipment and Wilmington Trust face down commercial fraud claims. Here, Law360 looks at those and other new claims in the U.K.

  • May 21, 2020

    Tech Co. Won't Get Costs Following Arbitrator DQ Bid

    A London judge refused on Thursday to order an arbitrator and a nonprofit children's organization to pay costs incurred by an app developer during its bid to remove the arbitrator — who later resigned — saying the app developer couldn't be considered the successful party.

  • May 21, 2020

    2nd Circ. Asked To Rethink Seinfeld Ruling After Everly Bros.

    A onetime Jerry Seinfeld collaborator asked the Second Circuit on Thursday to rethink its decision tossing his time-barred allegations that Seinfeld stole the concept for "Comedians in Cars Getting Coffee," pointing to a recent Sixth Circuit decision examining the time limits in a copyright row over an Everly Brothers song.

  • May 21, 2020

    Pot Co. Wants Fees After $1.8M Judgment In Credit Card Suit

    Cannabis dispensary operator Tryke Management has put in a bid for attorney fees after an Arizona federal judge awarded the company a judgment of nearly $1.8 million in its fight with embattled cannabis industry credit card processor Linx Card Inc.

  • May 21, 2020

    Pa. Home Security Co. Ducks Fraud Claims At 3rd Circ.

    A home security company knocked out class claims that it unlawfully billed for services that were no longer being provided after the Third Circuit on Thursday said a customer's agreement required him to keep paying after he moved and sold his house.

  • May 21, 2020

    Madonna Fans Sue After Star's 'Tantrum' Ended Miami Concert

    Two Madonna fans sued the pop singer and Live Nation Wednesday alleging they were unfairly denied a concert experience when the Queen of Pop "threw a temper tantrum" and abruptly canceled the December 2019 concert in Miami, according to a proposed class action filed in Florida state court.

  • May 21, 2020

    6th Circ. Backs Chesapeake Win In Landowners' Royalties Suit

    The Sixth Circuit on Thursday affirmed an Ohio federal court's dismissal of a class action brought by landowners claiming a Chesapeake Energy Corp. unit shorted them on oil and gas royalties, ruling that the company's actions "conform to the language of the leases."

Expert Analysis

  • COVID-19, Contango And Energy's New Economic Reality

    Excerpt from Lexis Practice Advisor
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    During the current pandemic, counsel for energy companies must be prepared for the market condition known as contango — where short-term and long-term energy prices operate differently — and with pressure from banks providing reserve-based lending facilities, says Cameron Kinvig at Lexis Practice Advisor.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • A Texas Case Could Put Electronic Agreements In Jeopardy

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    A dispute between staffing firm Aerotek and four former employees over enforceability of electronic arbitration agreements, currently being petitioned for review by the Texas Supreme Court, could signal a big problem not only for employers but all companies that transact business outside of their own locale, says Abby Brown at Moye White.

  • NY Ruling Highlights Limits To Employee Noncompetes

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    Following a New York federal court’s recent decision in Flatiron Health v. Carson, employers should limit restrictive covenants to client relationships developed at the company's expense, and reject the expectation that overreaching agreements may be partially enforced, says Ihsan Dogramaci at Pavia & Harcourt.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Lessons On Trade Secret Claims From Possessor, Not Owner

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    The Third Circuit's recent trade secrets decision in Advanced Fluid Systems v. Huber is particularly important for companies in relationships whereby vendors create, use or apply confidential information and trade secrets to develop solutions or manufacture products for other entities pursuant to a contract, say attorneys at Proskauer.

  • A Primer On Foreign Judgment Enforcement In Canada

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    Given the expected rise in disputes between U.S. and Canadian companies due to the pandemic, David Ziegler at Fasken Martineau breaks down the factors Canadian courts consider when determining whether to recognize and enforce a judgment from a U.S. or other foreign court.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • How Courts May Interpret COVID-19 Waivers Of Liability

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    As businesses begin to reopen, they may seek to release themselves from negligence claims for COVID-19 infections through contractual waivers of liability, but whether a waiver is enforceable varies significantly by state, says Jessica Kelly at Sherin and Lodgen.

  • Funding Considerations Amid COVID-19 Liquidity Crunch

    Excerpt from Lexis Practice Advisor
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    Companies and creditors in search of funding during the pandemic should analyze available options under existing bond and term loan covenants, and explore creative ways to establish priority status where necessary in the critical search for liquidity, say attorneys at Shearman.

  • 7 Tips On Using Data To Improve Corporate IP Amid Slowdown

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    Experience working through past recessions suggests that companies should strategically reevaluate their intellectual property through data collection and analysis to improve the breadth and adaptability of their portfolios, says Robert Kramer at Finnegan.

  • Contingent Fees A Great Option For Cos. During Downturn

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    In-house counsel may assume that "elite" law firms will turn up their noses at the idea of contingent fees, but such arrangements, whether pure or hybrid, are offered by many firms — even to defendants — and may be the answer to tight litigation budgets, say attorneys at Fish & Richardson.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • 7 Steps To Romancing The Virtual Classroom

    Excerpt from Lexis Practice Advisor
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    For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

  • Connected Products, Disappearing Features

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    Reports that Tesla remotely disabled software features within one of its Model S vehicles after it was resold reflect the fact that copyright-protected software is rarely sold, only licensed — and point to how the future might look for consumers buying connected products, says Dan Venglarik at Munck Wilson.

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