Commercial Contracts

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    Racing Group Says Coca-Cola Used COVID-19 To End Deal

    The National Hot Rod Association hit Coca-Cola with a lawsuit in California federal court Monday accusing the beverage giant of exploiting COVID-19 to terminate a $34 million sponsorship agreement, saying the court should "prevent Coca-Cola's unilateral exit from a valid and binding agreement, under cover of a global tragedy."

  • September 21, 2020

    Greenblatt Pierce Denied Piece Of DuPont's $5M FLSA Deal

    Greenblatt Pierce Funt & Flores cannot intervene in the approval of a $5 million settlement between a class of workers it once represented and DuPont Co. to seek a cut of the award because its claims are just a fight with another firm, a Pennsylvania federal judge ruled Monday.

  • September 21, 2020

    McConnell Defends Election-Year Plan To Replace Ginsburg

    The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.

  • September 21, 2020

    Steakhouse Chain Sizzler Hits Ch. 11 To Renegotiate Leases

    Family-themed steakhouse chain Sizzler filed for Chapter 11 protection late Monday in California, saying it needed to renegotiate the terms of its leases as it deals with the economic fallout of the COVID-19 outbreak.

  • September 21, 2020

    CBD Co. Wants Fund's SEC Reporting Lapse Suit Tossed

    A Florida CBD company has urged a Massachusetts federal judge to toss a lawsuit accusing it of misleading a lender about its future plans when it entered into a debt financing agreement, saying there's no evidence it did anything intentionally.

  • September 21, 2020

    Epic Games Says Fortnite Isn't Security Threat To Apple

    Epic Games, in seeking to force Apple to restore Fortnite to the App Store, has blasted the tech giant for "half-truths and outright falsities," including that the video game was pulled as a security issue instead of a challenge to Apple's monopoly.

  • September 21, 2020

    Gibson Dunn Adds Ex-Boies Commercial Litigator In NY

    Gibson Dunn & Crutcher LLP has added a commercial litigator previously with Boies Schiller Flexner LLP as a partner in its New York office, the firm announced on Monday.

  • September 21, 2020

    Power Plant Designer Can't Slip Suits Over Fatal Pa. Gas Leak

    The companies that designed and built part of a Pittsburgh-area power plant can't escape a trio of lawsuits brought after a 2017 gas leak killed and injured workers, a Pennsylvania federal judge ruled Monday.

  • September 21, 2020

    Insurers Must Cover $34M Explosion, Pipeline Says

    A pipeline developer says two Liberty Mutual subsidiaries must indemnify a contractor in its $34 million suit over a fatal pipeline explosion, telling an Alabama federal judge a pollution exclusion doesn't apply.

  • September 21, 2020

    Angola Says Energy Co. Must Arbitrate $1.1B Forgery Suit

    An Angolan energy company's accusations that the country relied on forged documents to cancel a $1.1 billion partnership and seize four energy turbines belong in arbitration, the Angolan government told a New York federal court.

  • September 21, 2020

    Startup Can't Revive Malpractice Claims Over Corporate Theft

    Investors in an on-demand video startup failed to establish that a Southern law firm engaged in legal malpractice by failing to recognize that the company's managing member took over $800,000, the Eleventh Circuit has determined.

  • September 21, 2020

    Chancery Sets Fast Trial For $16.2B Tiffany-LVMH Merger Suit

    Delaware's Chancery Court set a fast-track schedule late Monday for a Jan. 5 trial on a Tiffany suit accusing LVMH of breaching its $16.2 billion merger agreement, with the start date described as allowing time for a ruling and appeals before international antitrust approvals begin to expire.

  • September 21, 2020

    Texas Man Claims Wash. Pot Cos. Duped Him Into Investing

    A Texas man alleges he was duped into investing $50,000 in Washington state cannabis businesses and only later found out that state law forbids him from taking a share of the profits, saying the companies kept that information from him.

  • September 21, 2020

    Zohar Can't Get Tilton Suit Sent To Del. Bankruptcy Court

    A New York federal judge has denied the Zohar Funds' bid to transfer a dispute between the investment vehicles and founder Lynn Tilton so it can be heard alongside Zohar's Delaware bankruptcy case, saying the alleged conduct at issue in the fight over ownership of the funds' portfolio companies precedes the bankruptcy.

  • September 21, 2020

    Nuke Contractor Says $6.4M FCA Suit Is Double-Dip Attempt

    Nuclear fuel reprocessing contractor CB&I Areva MOX Services has urged a federal court to toss the majority of the claims from a $6.4 million False Claims Act suit alleging fraudulent billing, arguing the government already got the money it seeks through other avenues.

  • September 21, 2020

    REIT Inks $56M Sale-Leaseback Deal With Florida Pot Co.

    Cannabis-focused real estate investment trust Innovative Industrial Properties Inc. said Monday it closed a $56 million sale-and-leaseback deal with a Florida cannabis company, committing to fund major expansions to its greenhouses and production lines.

  • September 20, 2020

    Birthdays, Weddings And In Between: RBG And Her Clerks

    Justice Ruth Bader Ginsburg’s law clerks say that she brought the same level of care and dedication to her relationships with them as she did to the rest of her life. Here are some stories they shared, demonstrating how those qualities seeped into her relationships and interactions.

  • September 20, 2020

    Our 'North Star': What RBG Means To Women In Law

    Female attorneys around the country say they're devastated by the death of Justice Ruth Bader Ginsburg, a woman they looked to as a role model for candidly speaking out about the struggles she faced as a female lawyer integrating her work and family life, which made her a relatable icon.

  • September 20, 2020

    Will The Senate Replace Ginsburg Before Election Day?

    Senators return Monday to a chamber consumed with President Donald Trump's vow to quickly select a replacement for the late U.S. Supreme Court Justice Ruth Bader Ginsburg and cement a conservative majority for years to come.

  • September 20, 2020

    5 To Watch As GOP Races To Fill Ginsburg's Seat

    President Donald Trump has said he will name a woman to succeed the late Justice Ruth Bader Ginsburg on the U.S. Supreme Court. Here's a look at five candidates he could pick in the coming days.

  • September 20, 2020

    RBG's Biggest Opinions, From Civil Rights To Civil Procedure

    Justice Ruth Bader Ginsburg was perhaps best known for her dissents, but scholars and those who knew her say her majority opinions may better reflect her judicial philosophy, as well as her time as a law professor and civil rights lawyer.

  • September 18, 2020

    Ohio Justices Say Agency Lacks Power In $2M Energy Row

    The Public Utility Commission of Ohio lacked the authority to determine whether Duke Energy Ohio Inc. mistakenly passed along bad energy usage data to a regional grid operator that caused an energy reseller to be over-billed by $2 million, Ohio's state high court has ruled.

Expert Analysis

  • UK Top Court Ruling May Be Problematic For Global SEP Suits

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    There are several reasons to question the wisdom of the U.K. Supreme Court's recent ruling that English judges have the power to set extraterritorial licensing royalty rates for standard-essential patents, including that it encourages forum shopping, says Thomas Cotter at the University of Minnesota Law School.

  • Class Arbitration May Meet Its Demise At High Court This Term

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    While the Second Circuit’s 2019 opinion in Jock v. Sterling Jewelers and the Ninth Circuit’s recent decision in Shivkov v. Artex exemplify how two interrelated inquiries have rescued class arbitration, the U.S. Supreme Court will likely address the issues this term and extinguish the practice, say attorneys at McGuireWoods.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Fashion Industry Adaptations Amid Trade War, Pandemic

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    The trade war with China and the global pandemic have created a Darwinian moment for the fashion industry, in which brands that diversify their supply chains, carefully monitor classification of their imported goods, and update their contracts are most likely to survive, say Danielle Garno and Heather Marx at Cozen O’Connor.

  • How Pharma Cos. Can Evaluate Alliance Agreements' Validity

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    Alliance agreements can help pharmaceutical companies collaborate and resolve patent infringement disputes, especially during these uncertain pandemic times, but may draw questions concerning legitimacy if not properly vetted, say Louis Berneman at Texelerate, and Alan White and Anne Catherine Faye at Analysis Group.

  • Ohio Tax Talk: Structuring And Defending Drop-Down LLCs

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    The recent Ohio Board of Tax Appeals decision in Cleveland Metropolitan Schools Board of Education v. Cuyahoga County Board of Revision highlights factors that courts use in evaluating drop-down LLC transactions for property tax purposes and reminds taxing authorities of their high burden of proof in these cases, say Martin Mooney and Christopher Tassone at Frost Brown.

  • ERISA Claim Takeaways From 7th Circ. Union Pension Ruling

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    The Seventh Circuit’s recent decision in Bator v. District Council 4 — dismissing Employee Retirement Income Security Act claims against pension plan trustees and a union for allowing varying member contribution levels — shows key challenges in proving that trustees breached their fiduciary duties, say attorneys at Baker McKenzie.

  • Lessons From Md.'s Purple Line For Public-Private Contracts

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    Recent litigation over the Purple Line light rail project in the Maryland suburbs of Washington, D.C., illustrates why unambiguous contracts are a must when private and public entities enter into a partnership to develop critical infrastructure, says Laura Fraher at Shapiro Lifschitz.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • Bill Curtailing NPE Suits At ITC Could Restructure Licensing

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    Though unlikely to pass, the pending Advancing America's Interests Act, which would counter nonpracticing entities' abuse of process at the U.S. International Trade Commission, could potentially reshape future patent licensing negotiations and render exclusion orders more in line with district courts injunctions, say Matt Rizzolo and Brendan McLaughlin at Ropes & Gray.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • The Hurdles In Defending COVID-19 Contract Nonperformance

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    Businesses struggling to meet their contractual obligations due to the pandemic might invoke force majeure clauses or the doctrines of impossibility or frustration of purpose to defend nonperformance, but three recent federal and state court decisions illustrate the difficulties in establishing these defenses, says John McIntyre at Reed Smith.

  • Negotiating PE Sponsor Guarantees Amid Economic Unrest

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    As lenders look to deep-pocketed private equity sponsors amid the ongoing economic crisis, sponsors should understand how guarantees can enable struggling portfolio companies to access additional liquidity, and lenders will want to prepare for common touchpoints in negotiations, say Anastasia Kaup and Robert Horwath at Duane Morris.

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