Commercial Contracts

  • July 19, 2019

    Salesforce Can't Move Sex Trafficking Suit To Federal Court

    Tech giant Salesforce.com couldn't convince a federal judge in Texas that a lawsuit alleging it helped Backpage.com profit from sex trafficking should stay in federal court, despite its argument the plaintiff included hotels as defendants in the case specifically to keep the case in state court.

  • July 19, 2019

    Endo Pharma To Pay $2.3M To 18 States In Lidoderm Deal

    Endo Pharmaceuticals Inc. has agreed to pay $2.3 million to 18 states in a deal reached Friday, the same day the states hit the pharmaceutical company with a suit alleging it entered into a reverse-payment agreement to obstruct generic competition to Lidoderm, a pain relief patch.

  • July 19, 2019

    Mexican Cos. Tell 10th Circ. $36M Award Wrongly Confirmed

    A Mexican cement company has urged the Tenth Circuit to reverse the confirmation of a $36.1 million arbitral award in favor of a Bolivian investment firm, saying the Colorado federal court lacked jurisdiction over the Mexican parties and should never have enforced the award.

  • July 19, 2019

    Polsinelli Bags Blank Rome Real Estate, Retail Litigator

    Polsinelli PC has hired a real estate and commercial litigator with experience in retail internal investigations from Blank Rome LLP in New York, part of the firm’s larger lateral hiring spree this month.

  • July 19, 2019

    Real Housewife Settles Pay-Seizure Suit With Vineyard Vines

    "Real Housewives of New Jersey" star Margaret Josephs has settled a New York state court lawsuit over clothier Vineyard Vines’ bid to intercept her Bravo pay to help satisfy a $610,000 federal copyright infringement judgment, a lawyer for the reality star said Friday.

  • July 19, 2019

    Oakland Faces Skeptical Judge In NFL Suit Over Raiders Move

    A California federal judge struggled to see how an antitrust injury resulted from the National Football League allowing the Raiders team to move from Oakland to Las Vegas, but nonetheless granted on Friday the City of Oakland an opportunity to amend its complaint.

  • July 19, 2019

    After Delay, Pa. Programmer Pleads To Siemens Sabotage

    A Pittsburgh-area computer programmer pled guilty in federal court Friday to planting code that would deliberately break programs he’d written under contract with Siemens Corp., after his previous plea hearing was halted in June amid disagreements over whether his motivation should have been considered.

  • July 19, 2019

    Philly Hospital's Ch.11 Plan To Sell Residency Program OK'd

    A plan to sell doctor training programs proposed by Philadelphia hospital operator Center City Healthcare received approval Friday when a Delaware bankruptcy judge said the plan would protect the interests of affected resident doctors as best it could.

  • July 19, 2019

    Wells Fargo Says Tribe Must Pay In $250M Loan Dispute

    Wells Fargo has sued the Picayune Rancheria of Chukchansi Indians of California in New York state court, accusing the tribe and its economic development authority of participating in a scheme to avoid making payments owed as part of a $250 million loan agreement.

  • July 19, 2019

    Qualcomm's Profitability No National Security Issue, FTC Says

    The Federal Trade Commission has fired back against efforts by Qualcomm and the U.S. Department of Justice to pause a blockbuster antitrust ruling forcing the chipmaker to retool its business model, arguing that reining in Qualcomm’s anti-competitive conduct outweighs any vague national security concerns the pair alluded to.

  • July 19, 2019

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

    The last week has seen the owner of a Manchester skyscraper that needed repair sue several underwriters at Lloyd's, a prominent cryptocurrency trader drag a U.K. digital currency exchange into court and an executive for Honeywell sue HSBC Bank PLC. Here, Law360 looks at those and other new claims in the U.K.

  • July 18, 2019

    Seafood Co. Exec Cops To $4M Crab Label Fraud

    An executive at a Virginia seafood processor admitted in federal court Thursday to helping his father falsely label millions of dollars' worth of foreign crabmeat as “Product of USA,” according to the U.S. Department of Justice.

  • July 18, 2019

    EOG Settles $12.5M Injury Suit Minutes Before Arguments

    Just 23 minutes before oral arguments, EOG Resources Inc. told a Texas appellate court Thursday afternoon it had reached a settlement in a workplace injury case where it was fighting to avoid a retrial after getting slapped with a $12.5 million verdict.

  • July 18, 2019

    Bradley Arant Launches Cannabis Practice Group

    Bradley Arant Boult Cummings LLP has become the latest large law firm to set up a practice group dedicated to handling legal issues related to the cannabis industry, the firm announced Wednesday.

  • July 18, 2019

    Clark Hill Client Says Firm Pushed $1M Deal For His $63M Suit

    A Philadelphia-area mergers and acquisitions adviser said Clark Hill PLC attorneys pressured him into accepting a settlement worth less than $1 million for a $63.5 million lawsuit, according to a professional malpractice claim filed Wednesday in a Pennsylvania state court.

  • July 18, 2019

    Suit Against Downey Brand Over $150M REIT Sale Dismissed

    A New York federal judge has dismissed a suit against California firm Downey Brand LLP over the $150 million sale of a real estate investment trust that the firm handled, with the judge saying that the suit was too similar to another suit that was dismissed in 2018.

  • July 18, 2019

    $1M Storm Damage Coverage Dispute Ends After Settlement

    A Texas federal judge on Wednesday closed a $1 million suit launched by an apartment complex owner over the denial of an insurance claim for storm damage after the parties in the case agreed to a settlement.

  • July 18, 2019

    Hertz Escapes Class Allegations In Robocall Suit

    An Illinois federal judge on Thursday struck class allegations against The Hertz Corp. from consumers who accused the car rental company of repeatedly making unwanted robocalls, finding that the circumstances in the named plaintiff's case are too specific to represent the proposed class.

  • July 18, 2019

    Alix Seeks Another Probe Of McKinsey Conflict Claims

    McKinsey & Co. critic Jay Alix is asking an Illinois bankruptcy court to reopen another Chapter 11 case involving the rival restructuring consultant to investigate more claims McKinsey failed to disclose its investments with the company's parent and buyer.

  • July 17, 2019

    Sunoco Likely To Win In Butane Blending Patent Trial: Judge

    An Illinois federal judge said Wednesday that Sunoco LP is likely to prevail on its patent infringement claims over a Wisconsin fuel distributor, but that the question of willful infringement, and whether Sunoco is entitled to $32 million in lost profits, is trickier.

  • July 17, 2019

    'May I Just Ask': Era Of Civility Passes With Justice Stevens

    Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?

  • July 17, 2019

    Justice Stevens' Chevron Legacy Under Attack

    Justice John Paul Stevens' landmark decision in Chevron USA Inc. v. NRDC shaped the course of administrative law, and his legacy, for decades. But a recent wave of criticism shared by members of the current court threatens to erase a doctrine that has long bolstered federal regulators' sway over corporate America.

  • July 17, 2019

    'Kindness, Humility, Wisdom': Justices Remember Stevens

    A day after retired U.S. Supreme Court Justice John Paul Stevens died at the age of 99, his colleagues paid tribute to the third-longest-serving member of the high court, cherishing his devotion to public service, his kindness and his unwavering commitment to justice.

  • July 17, 2019

    The Stories They Tell About Justice Stevens

    Justice John Paul Stevens had a legendary reputation as one of the most humble and caring members of the court. His clerks related some tales that show why.

  • July 17, 2019

    Pitt Sues Former Sports Marketing Co. For Withholding $3.6M

    The University of Pittsburgh is taking its former sports marketing company to federal court, alleging that IMG College LLC has withheld more than $3.6 million in payments since the school decided earlier this year not to renew its licensing agreement with the company.

Expert Analysis

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Keeping Conventional Power Going Until Renewables Mature

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    The U.S. Department of Energy, the Federal Energy Regulatory Commission and state regulators have a handful of tools to compel generators to delay the retirement of nuclear, coal and gas plants until greener options are more reliable, but their scope has not yet been tested in court, says Gordon Coffee at Winston & Strawn.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • Colo. High Court Defies Contract Damages Precedent

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    The recent Colorado Supreme Court opinion in Bermel v. BlueRadios could open the door to recovery of a form of punitive damages for breach of contract — a traditionally unavailable remedy that could lead to an increase in commercial litigation, says Perry Glantz of Stinson.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • The Art Of The 'Science And Expert Team' In Mass Torts

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    Science is at the foundation of mass tort lawsuits involving drugs or medical devices. Critical to a virtual law team in these cases, the "science and expert team" does more than get into the weeds of scientific issues and retain experts, say attorneys at FaegreBD, Peabody & Arnold and Shook Hardy.

  • Misconceptions In The Debate About Noncompetes

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    The scope of noncompete abuses needs to be put in context, so policymakers can understand how widespread the problem actually is and how to properly tailor any legislation, says Russell Beck of Beck Reed.

  • China's Take On Take-Or-Pay, Most-Favored-Nation Clauses

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    The recent Eastman decision is the first time that China's anti-monopoly authority analyzed the competition problems of take-or-pay and most-favored-nation clauses, and provides some compliance reminders, say attorneys at Tian Yuan Law Firm.

  • Rethinking The Tech-First Approach To Law Firm Solutions

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    When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

  • When Firms Can't Access Their Financial Advisers' Tech Tools

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    A recent data breach involving Redtail’s client relationship management tool, widely used by financial advisers, highlights the challenges and risks faced by firms in monitoring their advisers' regulatory compliance, say attorneys at McGuireWoods.

  • A Look At Del. Compliance Standards For Notice Provisions

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    Recent cases in Delaware's Court of Chancery indicate that failure to strictly comply with a notice provision may occasionally be excused if contracting parties can show "substantial compliance," say Lance Phillips and Danielle Simms of Skadden.

  • Top 10 Techniques For Crafting A Dazzling Brief

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    Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.