Commercial Contracts

  • July 14, 2020

    Calif. Atty Accused Of Breaching $1.9M KN95 Mask Deal

    A California attorney breached his contract with a Texas company that sought to acquire KN95 face masks by sending $1.25 million to an unrelated party in Louisiana, his client has alleged in Louisiana federal court.

  • July 14, 2020

    Travelers Jumped Gun In HD Fowler Suit, Judge Finds

    A Washington federal judge on Tuesday tossed a suit by Travelers Property Casualty Co. of America against H.D. Fowler Co. over coverage for defective water pipes, saying the insurer couldn't sue to disclaim coverage because there isn't any sign yet that the contractor would be sued over the incident.

  • July 14, 2020

    NJ Delivery Drivers Must Arbitrate Despite Federal Exemption

    The New Jersey Supreme Court on Tuesday said delivery drivers cannot pursue proposed class actions against transportation companies and instead must arbitrate their claims on an individual basis in light of the New Jersey Arbitration Act, even if the workers are exempt from arbitration under the Federal Arbitration Act.

  • July 14, 2020

    Why Can't Female Lawyers Make Headway At The High Court?

    The number of female lawyers arguing before the U.S. Supreme Court hit a new low this year. Can the pipeline to these coveted oral argument slots be fixed?

  • July 14, 2020

    Law360's Supreme Court Pop Quiz

    Test how closely you were paying attention to the explosive 2019-2020 Supreme Court term.

  • July 13, 2020

    Berkshire Hathaway Fights Bid To Invalidate Virus Exclusion

    Berkshire Hathaway and one of its units on Monday urged a Pennsylvania federal court to toss a restaurant's suit seeking insurance coverage for losses caused by the COVID-19 pandemic, arguing that a virus exclusion "plainly applies" to the restaurant's claims.

  • July 13, 2020

    Greka Owes Another $54M In Loan Default Suit, UBS Says

    UBS told a New York federal judge that energy holding company Greka Integrated Inc. owes it an additional $54 million in interest, fees and costs after the bank's early victory in its suit over Greka's failure to repay $100 million in loans.

  • July 13, 2020

    7th Circ. Won't Overturn Exec's Win In $1.5M Merger Loan Suit

    The Seventh Circuit held Friday that the owner of a chemical importer doesn't have to repay a $1.5 million loan he took out in connection with a merger, upholding a finding the obligation ended when the merger was unraveled.

  • July 13, 2020

    Trump's Niece Beats Family's Bid To Block Tell-All For Good

    A New York state judge on Monday vacated a temporary restraining order blocking the president's niece from discussing her damning tell-all book about her family and rejected efforts by the president's brother to block the publisher from releasing the book, which lands on bookshelves Tuesday.

  • July 13, 2020

    6th Circ. Backs Class Cert. In State Farm Labor Costs Suit

    The Sixth Circuit on Friday upheld the certification of a class of State Farm policyholders who allege the insurer improperly depreciated the costs of labor when deciding the sum owed on their damaged or destroyed homes, agreeing with a lower court that class treatment is proper because the policyholders' claims involve a common legal question.

  • July 13, 2020

    The Sharpest Dissents From The Supreme Court Term

    The majority of this term’s dissents came from the court’s right-leaning justices, and many of their sharpest critiques stemmed from suits over Trump administration policies. Here, Law360 looks at some of the fieriest.

  • July 13, 2020

    Reese Witherspoon Calls Teachers' Dress Promo Suit 'Unjust'

    Actress Reese Witherspoon said that a proposed class action over a COVID-19-related dress giveaway for teachers is an "unjust" attempt to "exploit" her clothing line, arguing in a dismissal bid in California federal court that the limits of the promotion were made clear in its announcement.

  • July 13, 2020

    Norwegian Air Sues Boeing Over Grounded 737 Max Losses

    Norwegian Air has accused Boeing of selling a "pack of lies" by unloading defectively designed 737 Max and 787 Dreamliner jets in its rushed pursuit of profits, according to a lawsuit removed to Illinois federal court Monday.

  • July 13, 2020

    Texas Justices Say GOP Can't Force Houston Convention

    The Texas Supreme Court said Monday that the Texas Republican Party can't "simply commandeer" Houston's convention center to host its biennial convention, which the city canceled due to the rise of COVID-19 cases.

  • July 13, 2020

    Beach Boys Attys Rip DQ Bid As Public Embarrassment Tactic

    Beach Boys lead singer Michael Love and his lawyers at Greenberg Traurig have shot back at a disqualification bid from two attorneys fighting over a fee arrangement, calling the arguments "virtually incomprehensible," "salacious" and aimed at public embarrassment.

  • July 13, 2020

    Toyota Dealer Wins Bid To Arbitrate Customer's Fraud Claims

    The New Jersey state appeals court ruled Monday that a customer of a Toyota auto dealership in Wood-Ridge must arbitrate his allegations that his trade-in vehicle was undervalued, reasoning that the parties agreed to deal with claims out of court.

  • July 13, 2020

    Foley & Lardner Can Foreclose On $29M Condo Loan

    Foley & Lardner has standing to foreclose on a $29 million loan for a condominium development, a Florida appeals court has ruled, after finding that the law firm was the successor in interest to the loan servicer under an asset management agreement.

  • July 13, 2020

    Arbitrator Won't Hear Pot Cultivation Deal Suit, Court Told

    An arbitrator has found that a cannabis business waived its right to arbitrate a farmer's claims that it defrauded her in a cultivation deal, so the court should lift the stay on the case, the farmer has told a California federal judge.

  • July 13, 2020

    The Funniest Moments Of The Supreme Court's Term

    Justice Stephen Breyer conjured up a baffling hypothetical involving a Roman emperor, Chief Justice John Roberts stepped up his game on popular slang, and a toilet flushed loudly as a Latham & Watkins lawyer discussed constitutional rights. Here, Law360 highlights the most mirthful moments from this past term's U.S. Supreme Court arguments.

  • July 13, 2020

    The Chattiest Justice Of The Term Is ...

    One justice again stood out as the chattiest member of the Supreme Court this term. But that jurist's talk was tempered when the coronavirus pandemic forced the court to close its doors and conduct remote oral arguments, which were livestreamed for the first time in history.

  • July 10, 2020

    Hollywood Agents Target Remaining WGA Antitrust Claims

    Hollywood's major talent agencies urged a California federal judge on Friday to dismiss the Writers Guild of America's remaining counterclaims alleging antitrust violations over so-called "packaging fees," rejecting the WGA's assertion that the agencies are seeking to relitigate arguments the judge has already ruled on.

  • July 10, 2020

    PruittHealth Will Get Interest Redo On $11M Software Verdict

    The Eleventh Circuit largely upheld an $11 million verdict against PruittHealth Inc. on Friday, but said a lower court must recalculate interest on damages awarded against the Georgia health care provider for breaching its contract with a software supplier.

  • July 10, 2020

    The Majority Of One: How Roberts Is Shaping The Court

    The 2019 term has removed all doubt: Chief Justice John Roberts Jr. is the power broker on the U.S. Supreme Court. But unlike past swing justices, the nation's top jurist puts the reputation of the court before his own conservative instincts and is willing to compromise when he needs to.

  • July 10, 2020

    3rd Circ. Revives Consulting Firm's Claim Against Ex-CEO

    The former CEO of global management consultancy Hay Group Management Inc. must face his ex-employer's claims that he initiated a sham investigation against a fellow executive, as the Third Circuit ruled Friday that the allegation wasn't precluded by parallel litigation in Germany.

  • July 10, 2020

    TracFone Inks $8M Deal With Cos. That Flipped Its Phones

    TracFone Wireless will be walking away from a fight with a pair of international cellphone distributors with $8 million and an injunction blocking them from continuing to buy and sell its phones overseas, if a Florida federal court chooses to bless the deal.

Expert Analysis

  • NY High Court Case Could Upend Litigation Finance Industry

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    A ruling in favor of the defendant in Fast Trak Investment v. Sax, a case recently accepted by the New York Court of Appeals, could enable borrowers to avoid repaying litigation funders by claiming state usury law violations, say attorneys at MoloLamken.

  • Associates Can Prioritize Biz Development Despite Pandemic

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    Although many traditional business development activities are on hold due to the COVID-19 pandemic, associates should seize the unique opportunities of this time to cultivate business by strengthening their personal and professional relationships, and developing new ones, says Jeremy Schneider at Jackson Lewis.

  • How New Fla. Real Estate Remedies May Benefit Lenders

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    Although Florida's recently passed Uniform Commercial Real Estate Receivership Act isn't specifically intended as COVID-19 relief, it should give lenders a better framework for contemplating receivership, streamlining commercial foreclosures and protecting their interests in the looming increase in foreclosures, say attorneys at Nelson Mullins.

  • Opinion

    Let's Create An Ethical Obligation For Attys To Fight Racism

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    In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.

  • Maintaining Integrity In Legalized Betting Amid Pandemic

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    As states adopt sports wagering legislation and sports organizations potentially turn to legalized betting to offset pandemic-related losses, they should diligently protect the integrity of their contests by carefully assessing their gambling policies, say attorneys at Debevoise.

  • 5 Protections Cos. Should Request In Their Next Office Lease

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    The COVID-19 crisis has turned the real estate world upside down, and tenants now have much more leverage and an opportunity to assert their rights and demand fairer, more flexible leases, says Ruth Colp-Haber at Wharton Property Advisors.

  • COVID-19 Will Have Lasting Impact On Construction Contracts

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    Allocating the costs of construction project delays, lost productivity and work stoppages due to COVID-19 could be a long and contentious process, and contract drafting strategies will likely evolve as stakeholders seek to minimize similar impacts in the future, say Debbie Cazan and Mike Shanlever at Alston & Bird.

  • 6 Considerations When Shopping For Legal Tech Software

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    When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.

  • Tips For Securitizing Loans With Future Advance Obligations

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    With the COVID-19 crisis heightening borrowers' desire to minimize costs and lenders' desire for liquidity in secondary markets, real estate loan terms for future advances may be an attractive option but they also create some complexities that should be addressed in loan agreements, say Steven Herman and Matthew McManus at Cadwalader.

  • Law Firm Strategies For Publicizing Laterals Amid Lockdowns

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    With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.

  • Opinion

    End Forced Employee Arbitration To Advance Social Equality

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    If recent corporate claims against systemic racism and discrimination are genuine, companies should return bias and harassment claims to the courts by discontinuing the use of mandatory employment arbitration agreements, says attorney Victor Caldwell.

  • Are Your Slack Communications Primed For E-Discovery?

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    With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.

  • A Guide To Drafting Enforceable Arbitration Clauses

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    In addition to being faster and cheaper than litigation, arbitration may be the only ongoing means of resolving disputes during the pandemic, but these advantages can be lost if the arbitration clause in a contract fails to bind one or more parties to the transaction, say John Shope and Kevin Conroy at Foley Hoag.

  • COVID-19 Layoffs Likely Won't Nullify Fla. Noncompetes

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    A COVID-19 termination probably won't shield Florida workers against noncompete enforcement, but there are several real-world factors companies should consider before pursuing an employee for contract breach, says Alan Goodman at GrayRobinson.

  • COVID-19 Could Complicate Distressed Nonrecourse Loans

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    Because COVID-19 will have important ramifications for mortgages' nonrecourse carveouts and cash management provisions, real estate borrowers should weigh their ability to retain a pandemic-distressed property versus returning it to the lender, says Richard Spore at Bass Berry.

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