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Commercial Contracts

  • May 24, 2019

    Insurer Seeks $1.2M Over Unpaid Restaurant Construction Tab

    An insurance company filed a lawsuit in New York federal court Thursday arguing that an insured contractor owes it at least $1.15 million for failing to complete work on three restaurants in a Massapequa mall and leaving the insurer to foot the bill.

  • May 24, 2019

    The Big Picture: What You Need To Know About FTC V. Qualcomm

    A judge has ruled that Qualcomm has been illegally negotiating standard-essential patent licenses covering smartphone technology, giving the Federal Trade Commission a huge win. Here, Law360 looks at the lead-up to the decision and the related battle between Qualcomm and Apple.

  • May 23, 2019

    An Epic Timeline: The Cases That Set The Stage

    The Epic Systems case may have captivated Supreme Court watchers in 2018, but the seeds that led to last May's blockbuster decision were sown by the California Supreme Court and the National Labor Relations Board many years earlier. Here, in the final installment of a four-article series marking the one-year anniversary of the Epic Systems ruling, Law360 follows class waiver law's winding path to the nation's highest court.

  • May 23, 2019

    ExxonMobil Unit Can't Arbitrate Gas Field Row, Investors Say

    Two investors have challenged a Canadian ExxonMobil unit’s request to arbitrate a contract dispute over rights in Papua New Guinea gas fields, telling a Texas federal court Wednesday that sending the matter to a tribunal would “thwart justice.”

  • May 23, 2019

    Ex-NFL Player Wants Cash Advance Contract Tossed

    Former NFL player Toby Wright asked a Pennsylvania federal judge on Thursday to toss his agreement with Thrivest Specialty Funding LLC, arguing that both the judge and the Third Circuit had said such agreements assigning part of NFL players' concussion-related settlements to third-party funders were void.

  • May 23, 2019

    NJ Software Co. Must Face Ex-CEO's Whistleblower Claims

    A New Jersey federal judge on Thursday ruled that a medical software company must face a former chief executive officer's claims that he was fired for raising concerns about unlawful workplace activity, reasoning it was still unclear if the ex-chief was terminated or voluntarily resigned.

  • May 23, 2019

    NFL Didn't Make Sponsor Ditch Romo Expo, Panel Says

    A fantasy football convention backed by former Dallas Cowboys quarterback Tony Romo can't pursue claims that the NFL forced a sponsor to back out of its 2016 event, a Texas appeals court has ruled, saying the convention hasn't presented any evidence the NFL intended to interfere in the agreement. 

  • May 23, 2019

    Sears Creditors Say Ch. 11 Plan Lacks Legal Basis

    Multiple Sears creditors have asked a New York bankruptcy court to reject the company’s Chapter 11 plan, claiming the proposal has a shakier legal and financial foundation than Sears would have creditors believe.

  • May 23, 2019

    Avenatti Booted From Class Counsel In Surgical Gown Suit

    A California federal judge on Thursday removed embattled attorney Michael Avenatti from his role representing a class of buyers suing Kimberly-Clark over allegedly defective surgical gowns, saying that his criminal charges of bank and wire fraud aren't likely to be resolved anytime soon.

  • May 23, 2019

    Afghan Man Gets $33.4M Win In Army Trucking Contract Suit

    A Tennessee federal jury has awarded an Afghan national more than $33.4 million in a breach of contract suit against his ex-business partner over their joint venture in Afghanistan, finding that the U.S. partner breached a profit-sharing agreement.

  • May 22, 2019

    Chancery Finds Ex-CEO In Contempt In Biopharma IP Suit

    A biopharmaceutical company physician-investor was ruled in contempt Wednesday for failing to maintain the Delaware Chancery Court-ordered status quo in a suit challenging his transfer of all intellectual property from a venture he directed to one he created and purportedly controlled.

  • May 22, 2019

    7 Takeaways From Qualcomm’s Stinging Defeat

    A California federal judge has taken Qualcomm to task for what she says are the chipmaker’s anti-competitive licensing practices. Here, Law360 breaks out some of the key findings from the decision requiring the company to fundamentally alter its business model, which had required smartphone makers to license patents at “unreasonably high royalty rates.”

  • May 22, 2019

    Ga. Court Revives Doc-Turned-Atty's Suit Against Ex-Firm

    A Georgia appeals court on Wednesday revived a suit accusing a personal injury law firm of failing to properly compensate an associate, who was also a former medical doctor, for the work he did on three settled cases, saying it should be up to a jury to decide whether he deserves the money.

  • May 22, 2019

    Qualcomm's Illegal Licensing Practices: How We Got Here

    A California federal judge ruled late Tuesday that Qualcomm’s patent licensing practices violate federal antitrust law, siding with the Federal Trade Commission in a decision that threatens to upend a core part of the chipmaker’s business. Here’s a step-by-step look at how we got to this point.

  • May 22, 2019

    Mexican Cement Co. Must Post Bond In $36M Award Fight

    A Mexican cement company must post security in order to pause the execution of a confirmed $36.1 million arbitral award it is challenging on appeal, a Colorado federal judge has ruled, finding that the requirements for waiving the bond had not been met.

  • May 22, 2019

    Managers Say Boxer Gennady Golovkin Owes Them $27.4M

    The former managers of middleweight boxer Gennady Golovkin fired back Wednesday in California state court against claims their management deal was invalid with a counterclaim that the boxer owes them more than $27.4 million in royalties.

  • May 22, 2019

    ETC Seeks Quick Victory In InteliClear Trade Secrets Suit

    ETC Global Holdings Inc. asked a California federal court on Tuesday for a quick win in a case brought by software maker InteliClear LLC, saying trade secret laws don't protect InteliClear's program, and even if they did, ETC didn't steal the product's features.

  • May 22, 2019

    Ex-Client Can't Revive Claims Attys Bungled Gov't Probe

    A Pennsylvania appellate court has refused to give new life to a suit claiming two criminal defense attorneys did a poor job representing a Denver-based trucking company and its registered agent during a government investigation, saying the suit was not backed up by enough evidence.

  • May 22, 2019

    UAE Co. Urges Judge To Rethink Cessna's $51.7M Award

    A United Arab Emirates holding company asked a New York federal judge Tuesday to rethink his decision confirming a $51.7 million award for airplane maker Cessna’s lending arm in an aircraft leasing dispute, saying the court was too deferential to the arbitral panel.

  • May 22, 2019

    Justices Urged To Pass On Argentina YPF Nationalization Row

    The solicitor general has asked the U.S. Supreme Court not to take up Argentina's appeal in a suit by two Spanish companies who claim to have suffered losses when the country nationalized YPF SA, saying the Second Circuit made the right call by not granting sovereign immunity.

  • May 22, 2019

    Qualcomm's 'No License, No Chips' Model Illegal, Judge Rules

    A California federal judge ruled Tuesday that Qualcomm's decadeslong "no license, no chips" business practice violates federal antitrust laws, handing the Federal Trade Commission a win and upending how the chipmaker negotiates standard-essential patent licenses covering smartphone technology.

  • May 21, 2019

    Natixis Seeks More Discovery In $877M RMBS Dispute

    A unit of French lender Natixis urged a New York state judge Tuesday to allow further discovery in an underlying case as it battled to save its third-party suit seeking to shift liability onto Wells Fargo for an $877 million residential mortgage-backed securities trust filled with toxic loans.

  • May 21, 2019

    Trustee Not Liable For $168M RMBS Loss, 3rd Circ. Says

    A Third Circuit appeals panel on Tuesday rejected IKB International SA's bid to revive a suit blaming Wilmington Trust Co. for a $168 million loss on residential mortgage-backed securities investments, saying the bank hadn't shown the trustee violated its contractual obligations.

  • May 21, 2019

    Justices Save TM Licensees From Contract Conundrum

    The U.S. Supreme Court handed trademark licensees a significant victory Monday and spared them a potential “sea change” in contract law by ruling that brand owners in bankruptcy protection do not have the unilateral right to rescind trademark licensing agreements, experts say.

  • May 21, 2019

    CVS Defends Contract Counterclaim In Sentry Antitrust Suit

    Sentry Data Systems Inc. cannot duck a breach of contract counterclaim accusing it of botching its performance as CVS’ administrator for a federal program for discounted drugs, the pharmacy giant told a Florida federal judge Monday.

Expert Analysis

  • Recent Chancery Rulings Offer Forum Selection Pointers

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    In the recent Sheldon v. Pinto ruling, the Delaware Court of Chancery displays skepticism of dilution claims by early-stage investors, reasserts control group principles and delivers reminders — reinforced in its Plaze v. Callas opinion — of key points in the drafting of forum selection clauses, say attorneys at Fried Frank.

  • 5 Tips To Help Your Summer Associates Succeed

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    There are a number of ways that attorneys can ensure their summer associates successfully manage critical writing assignments and new types of professional interactions, says Julie Schrager of Schiff Hardin.

  • What Antitrust Attys Need To Know About Labor Monopsony

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    Economists for a long time assumed that labor markets are competitive and do not pose any problems for antitrust law. But new research has shown that this assumption is wildly inaccurate, says Eric Posner of MoloLamken.

  • Health Providers Should Tread Carefully With App Developers

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    When are covered entities or business associates liable under the Health Insurance Portability and Accountability Act for the misuse of electronic protected health information by a health app developer? New guidance from the U.S. Department of Health and Human Services gives some indication, say attorneys at Reed Smith.

  • Keys To Communicating A Law Firm's Mission

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    Today’s law firm leaders are pretty good at developing a strategic vision for the enterprise, but there is often a disconnect between that road map and the marketing department’s rank and file, leading to a deliverable that does little to differentiate the firm, says José Cunningham, a legal industry consultant.

  • A Significant Case For All Calif. Mortgage Lenders

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    A California appeals court recently ruled for the first time that a borrower’s statutory right to reinstate a mortgage loan after default cannot be waived, a significant decision for all mortgage lenders and servicers in California, say Elizabeth Sperling and Coral del Mar López at Alston & Bird.

  • High Court Bankruptcy IP Case May Spur Rejection Litigation

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    In its Mission Product Holdings v. Tempnology decision this week, the U.S. Supreme Court delivered a significant win for trademark licensees, while potentially leaving a larger gray area as to what other contractual rights of nondebtor parties may survive rejection under the Bankruptcy Code, say Laura Davis Jones and Jonathan Kim of Pachulski Stang.

  • Combating Cyberattacks In The Construction Industry

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    Though avoiding cyberattacks entirely is ideal, securing cyberinsurance and proper contractual language is the best way for construction companies to avoid potentially devastating liability in the event of a successful attack, say Gary Strong and Kevin Riexinger of Seiger Gfeller.

  • Limited Liability Releases Can Simplify Insurance Suits

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    In lawsuits where multiple insurers owe coverage to a single insured, limited liability release agreements can allow insureds to settle with only some of the insurers, but states vary in how they treat such releases, say attorneys at Goldberg Segalla.

  • Arbitration Pacts In Franchising: One Size Doesn't Fit All

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    Many franchise companies have started to shift away from making arbitration the default and preferred method for dispute resolution. But considering whether to require binding arbitration of franchise disputes can be a million-dollar question, says Doug Knox of Spencer Fane.

  • Opinion

    How Lawyers Can Help Save The Planet

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    Over a dozen major law firms have joined our effort to overcome the legal obstacles that states, cities and businesses face in fighting climate change. But more lawyers are needed, say Michael Gerrard of Columbia Law School and John Dernbach of Widener University Commonwealth Law School.

  • Increasing Buyer Leverage In The 'Sign-And-Go-Hard' Era

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    In recent years, transactions requiring real estate buyers to commit their deposits upon execution of purchase agreements have become popular, giving sellers the upper hand at the competitive bid and letter of intent stage. Alan R'bibo and Shannon Snell of Allen Matkins discuss steps buyers can take to protect their deposits.

  • Opinion

    FTC Must Tackle Anti-Competitive Drug Rebate Practices

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    The Federal Trade Commission is well-equipped to take action against the anti-competitive "rebate walls" that pharmaceutical manufacturers are structuring in order to block new innovative drugs from entering the market, says David Balto, a former policy director of the FTC's Bureau of Competition.

  • The Precarious State Of Public Injunction Waivers In Calif.

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    Two years ago, in McGill v. Citibank, the California Supreme Court made arbitration agreements that preclude consumers from seeking public injunctive relief unenforceable. But some federal courts have deviated from that holding so as to make its future uncertain, say Brian Kabateck and Brian Hong of Kabateck.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.