Commercial Contracts

  • October 26, 2020

    Yacht Broker Says Commissions Claim Must Be Litigated

    Yacht brokerage firm Northrop and Johnson Yachts-Ships Inc. is urging the Eleventh Circuit to reverse an order forcing it to arbitrate claims that a Dutch yacht maker went behind its back to strike a lucrative deal with the firm's own clients, leaving it unable to collect its duly earned commission.

  • October 26, 2020

    GenCanna Says $33M Claim Inflated For Bankruptcy Plan Vote

    The hemp company formerly known as GenCanna is asking the judge overseeing its bankruptcy case to slash a creditor's $33 million claim to a single dollar for the purposes of voting on the company's liquidation plan, saying the claim is flimsy and misleading.

  • October 26, 2020

    2nd Circ. Won't Revive Apotex's Unfair Competition Suit

    A Second Circuit panel has refused to revive Apotex Corp.'s claims accusing Pfizer unit Hospira of violating unfair competition and other state laws in part by reneging on a promise to keep supplying it with a generic antibiotic.

  • October 26, 2020

    Pa. Grocer Claims Union Broke CBA With Virus 'Slowdown'

    A Giant Eagle Inc. grocery chain subsidiary has hit a union with a breach of contract lawsuit in Pennsylvania federal court, alleging that the union is supporting a workplace "slowdown" due to the coronavirus pandemic that allegedly violates their collective bargaining agreement.

  • October 26, 2020

    ​​​​​​​German Car Cos. Escape 'No Arms Race' Conspiracy MDL

    A California federal judge has scuttled for good consolidated class actions alleging German auto giants conspired to control diesel emissions systems specifications and the price of steel, saying the plaintiffs still haven't spelled out any U.S. antitrust law violations after three tries.

  • October 26, 2020

    3 Things To Watch As NY Eviction Moratoria Are Extended

    New York Gov. Andrew Cuomo recently extended moratoria on evictions of commercial and residential tenants until 2021. Here, Law360 looks at three things to watch as landlords, tenants and lenders try to resolve their disputes out of court before the new year.

  • October 23, 2020

    Recruit's Father Can't Escape Adidas Civil Corruption Claims

    A South Carolina federal judge said Friday that a former financial adviser and the father of a former University of Louisville basketball recruit cannot escape Adidas' claims blaming them for a bribery scheme to steer the recruit to the Adidas-sponsored school that the recruit says tanked his college career.

  • October 23, 2020

    McDonald's Calls Black Franchisees' Racial Bias Suit 'Illogical'

    A putative class action accusing McDonald's of systematic discrimination against Black former franchise owners is illogical, largely time-barred, and based on speculation, the fast-food giant said in an Illinois federal court dismissal bid Friday.

  • October 23, 2020

    2nd Circ. Urged To Reject Atty's 'Man Of La Mancha' Appeal

    The wife of the late composer of the musical "Man of La Mancha" is calling on the Second Circuit to toss claims from her husband's former attorney, who is suing over a broken production rights deal, saying the appeal is "premature" when a final judgment in the broader case has yet to be rendered.

  • October 23, 2020

    Pot Co. Says Shoddy Short-Seller Attack Set Up Investor Suit

    A Canadian cannabis grower told a California federal court that a proposed investor class action claiming the company lost a third of its value amid allegations of self-dealing and sham distribution deals should be dismissed because it is based solely on a "misleading" short-seller attack.

  • October 23, 2020

    10th Circ. Undoes $443K Discovery Sanction Against Enable

    The Tenth Circuit freed Enable Midstream Partners LP from a discovery sanction of $443,000 Friday, saying it had been wrongly punished for failing to produce documents in a class action that accused a customer, Apache Corp., of underpaying royalties to mineral rights owners.

  • October 23, 2020

    Equity Owners Want To Intervene In $15B Student Loan Fight

    Owners of residual equity in a once-$15 billion fleet of student loan trusts asked to intervene late Thursday in a Chancery Court battle over oversight and collection of the trusts' loans, citing a need to protect their right to sue over allegedly "horrific" loan mismanagement.

  • October 23, 2020

    Cessna Looks To Pin $90M Award On Emirati Co.'s Directors

    The lending arm of aircraft manufacturer Cessna is urging a New York court to hold the directors of an Emirati holding company liable for paying a $90 million arbitral award relating to a defaulted business jet lease deal, decrying the company's "brazen attempt" to avoid paying up.

  • October 23, 2020

    Cannabis Co. Seeks At Least $3M Over Halted Expansion

    A multistate cannabis operator has sued a real estate company it says backed out of an agreement to pay for a $28 million expansion of its cannabis cultivation and processing facility in Illinois and owes at least $3 million for breaching the deal.

  • October 23, 2020

    Judge Says Trading Tech Feud Falls Outside Antitrust Realm

    A Pennsylvania federal judge tossed a lawsuit Friday that he said tried to "shoehorn" breach of contract claims against a financial services and software company into an antitrust matter.

  • October 23, 2020

    Former XFL Commish Seeks To Restart Suit Against McMahon

    Ousted XFL Commissioner Oliver Luck is asking a Connecticut federal judge to allow him to restart his $24 million breach of contract suit against the pro football league's former owner Vince McMahon, now that the league has been sold out of bankruptcy to a group led by Dwayne "The Rock" Johnson.

  • October 23, 2020

    Boeing Says Union Can't Sue For Southwest Pilots' Wages

    Boeing told a Texas state court judge Friday that the Southwest Airlines pilot union can't legally continue with its suit claiming the company's misrepresentations about its 737 Max jets cost the pilots tens of millions in lost wages, but they individually are free to file similar claims.

  • October 23, 2020

    Texas Landlords Say Feds Can't Block Evictions Over Virus

    Texas landlords who say they are owed thousands of dollars in unpaid rent have asked a federal judge to block a nationwide eviction freeze, saying the moratorium does nothing to prevent the spread of COVID-19 and goes beyond the federal government's powers.

  • October 23, 2020

    Judge Won't DQ Furman Kornfeld Over Atty 'Switching Sides'

    A New York federal judge allowed Furman Kornfeld & Brennan LLP to stay on as counsel in an insurance coverage dispute, saying the firm did its job of putting up a firewall around a new hire who formerly provided legal counsel to the opposing party.

  • October 23, 2020

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

    The past week in London has seen electronics giant Philips take on another Chinese rival over patents, automaker Daimler AG face another group action, and a Canadian pension fund and dozens of others sue troubled security firm G4S. Here, Law360 looks at those and other new claims in the U.K.

  • October 22, 2020

    TV Writer Sues Disney Over 'Muppet Babies' Reboot

    Former "Muppet Babies" television show writer Jeffrey Scott sued the Walt Disney Co. on Thursday in California federal court, alleging that the network's reboot of the show did not compensate Scott for his ideas and used them without his consent.

  • October 22, 2020

    9th Circ. Revives Arbitration Bid In Jail 'Release Card' Suit

    The Ninth Circuit told a lower court Thursday to reconsider a decision not to compel arbitration in a proposed class action over a Washington jail's use of prepaid debit "release cards" to replace cash confiscated from inmates.

  • October 22, 2020

    Oligarch's Estate Says Ex-Pot Co. CEO Must Arbitrate Fight

    The estate of a late Russian oligarch has asked a California federal judge to force arbitration of a suit by a U.S. Army Special Forces veteran claiming he is owed more than $1 million for his work on a cannabis venture.

  • October 22, 2020

    Janitor's Wage Suit Should Get Another Go, 9th Circ. Says

    A proposed misclassification class action against cleaning services franchisor Coverall North America Inc. has another shot at surviving a dismissal because a recent court decision laid out factors for a district court to consider when weighing whether to reopen a case, a Ninth Circuit majority ruled.

  • October 22, 2020

    Navy Federal To Pay $16M To End Insufficient Funds Fee Suit

    A Navy Federal Credit Union member accusing the nation's largest credit union of unfairly charging insufficient funds fees has asked a Virginia federal judge to preliminarily approve a $16 million proposed class settlement.

Expert Analysis

  • How Attys Can Guard Against Rising Settle-And-Sue Claims

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    Certain precautions can help lawyers avoid post-settlement malpractice claims and create a solid evidentiary defense, as settle-and-sue lawsuits rise amid pandemic-induced dispute settlements, say Bethany Kristovich and Jeremy Beecher at Munger Tolles.

  • Opinion

    Loan Docs Should Standardize Libor Replacement Language

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    Lenders should consider a universal descriptive amendment to replace Libor in loan agreements in order to simplify the process, lower costs compared to bespoke diligence, and foster operational consistency, proposes Roger Chari at Duane Morris.

  • How Fla. Homebuilders Can Protect Pre-Closing Deposits

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    In light of Florida developers' recent success in negotiating for homebuilders to release deposits while some closing conditions remain unfulfilled, there are some ways homebuilders can safeguard their payments, but none of them are easy, says Gary Kaleita at Lowndes Drosdick.

  • Law Firm Tips For Attracting, Retaining Attys During Pandemic

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    Steps law firms can take to attract and keep the best lawyers amid the pandemic include diversifying expertise to meet anticipated legal demands, prioritizing firm culture, and preparing for prospective partners' pointed questions, says Brian Burlant at Major Lindsey.

  • Perspectives

    Finding A Path Forward To Regulate The Legal Industry

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    Gerald Knapton at Ropers Majeski analyzes U.S. and U.K. experiments to explore alternative business structures and independent oversight for law firms, which could lead to innovative approaches to increasing access to legal services.

  • 6 Structural Issues Complicating Libor Transition

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    Examining specific challenges financial institutions face in reconfiguring risk models, compliance processes and operational technologies ahead of Libor's 2021 phaseout may keep the market from grinding to a halt as it transitions to a new interest rate benchmark, says Don Mumma at AxiomSL.

  • What To Know About Software Co. M&A As Deal Volume Rises

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    With the recent two-year peak in software company M&A volume, buyers and sellers in this space will remain interested in getting deals done and must therefore prepare for unique legal challenges in the areas of intellectual property, employee retention and complicated capital structures, say Zachary Turke and Edward Xia at Sheppard Mullin.

  • Series

    Lawyering While Parenting: A Day In A Dad's Pandemic Life

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    Christopher Jennison shares a view of his life working from home as a Federal Aviation Administration attorney preparing to first-chair a trial while splitting child care responsibilities with his lawyer wife.

  • No-Poach Antitrust Standard Unclear In Franchising

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    The U.S. Department of Justice and federal courts have taken conflicting stances on whether no-poach agreements between franchisors and franchisees are anti-competitive, and there are certain strategies plaintiffs and defendants should consider when navigating ambiguities in the law, say William Reiss and Matthew Geyer at Robins Kaplan.

  • Avoiding Smart Contract Conflicts Despite Ambiguity

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    As smart contracts grow in popularity, confusion over their definition, operation and effect requires careful consideration of how they may alter parties' legal rights and obligations, says Andrew Foreman at Porter Wright.

  • Series

    Lawyering While Parenting: A Day In A Mom's Pandemic Life

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    Josephine Bahn shares a view of her life working from home as an attorney at the Federal Deposit Insurance Corporation while splitting child care responsibilities with her lawyer husband.

  • Mitigating Pandemic-Prompted Construction Defect Risk

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    The residential construction surge resulting from the pandemic may lead to an increase in construction defect claims, but developers can make use of certain contract clauses, risk-transfer mechanisms and state statutes of limitations to minimize liability, say James Prichard and Megan Picataggio at Ball Janik.

  • 2 Fed. Circ. Rulings Show Importance Of Correct Inventorship

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    While the recent Federal Circuit decision Egenera v. Cisco lowers the stakes for incorrect patent inventorship from an invalidity perspective, the court's Dana-Farber v. Ono Pharmaceutical ruling shows that correct inventorship can still be critical to patent ownership and enforceability, says attorney Jason German.

  • What COVID-19 Contract Disputes May Look Like In Minn.

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    Jared Hawk and Lauren Schoeberl at Saul Ewing look at how Minnesota courts may rule on force majeure clauses and the common law doctrines of impossibility and frustration of purpose, which parties may assert when the pandemic has rendered contractual obligations undeliverable.

  • 5 Cost-Cutting Strategies For Corporate Legal Departments

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    To achieve long-term reduction in their legal expenses, companies must look beyond law firm hourly rates and better distribute their legal work among high-cost premier firms, low-cost practitioners and alternative legal service providers, and their own in-house teams, says Nathan Wenzel at SimpleLegal.

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