Commercial Contracts

  • June 28, 2022

    SL Green Wants Assets Pinned Down In $185M Award Fight

    An affiliate of New York commercial office space giant SL Green Realty Corp. on Tuesday filed an urgent motion asking a federal court in New York to freeze assets belonging to HNA Group as it looks to enforce a $185.4 million arbitral award against the failing Chinese conglomerate.

  • June 28, 2022

    No Escrow Payout For Exec After Trade Secret Conviction

    A Texas drilling executive who was convicted and sent to jail for conspiring to steal trade secrets won't be able to collect his half-million-dollar share of a drilling company he sold to the global engineering firm WS Atkins Inc., after an appeals court in Houston on Tuesday reversed his initial win in a lower court.

  • June 28, 2022

    Frustrated Court Says Lender Must Face Ponzi Scheme Suit

    A Texas federal judge has declined to toss a Ponzi scheme fraud suit brought against a lending company and the CEO of a real estate development company, noting that court has spent many resources on dismissal motions in the case thus far and that the defendants should not file any more dismissal motions.

  • June 28, 2022

    McDonald's Defeats Ex-Workers' No-Poach Claims

    An Illinois federal court on Tuesday granted a bid from McDonald's to escape claims from ex-workers over the fast-food chain's alleged past use of no-poach provisions in its franchise agreements, saying there was too much competition for their labor to support an antitrust case.

  • June 28, 2022

    Distributor Says Attys Faked A Lien Claim Doc, Seeks DQ

    Two New York attorneys falsified lien documents to rescue a client's shipping dispute lawsuit, according to their opponents in the litigation, who want the case to be dismissed now that the "fraud on the court" has come to light.

  • June 28, 2022

    Cabot Worker Says Merger Should've Triggered Stock Award

    An employee of the former Cabot Oil & Gas Corp. claimed in a lawsuit that the company's 2021 tie-up with Cimarex Energy Co. should have triggered "change-in-control" clauses in a pair of incentive agreements and awarded him 6,100 shares of company stock, according to a complaint filed in Pennsylvania state court.

  • June 28, 2022

    Apt. Insurer Says It Has No Duty To Defend In Fatal Shooting

    An insurer asked a Georgia federal court to find that it has no duty to defend or indemnify the owner of an apartment complex over a wrongful death suit after a man was shot and killed on the property last year, saying the policy's firearms exclusion bars coverage.

  • June 28, 2022

    Fla. Legal Services Co. Says Ex-Partner Stole Trade Secrets

    Legal services company Veritas Legal Plan Inc. has accused a former business partner in a Florida federal court of illegally using its training, documents and customer list to become a competitor.

  • June 27, 2022

    Regal Ordered To Pay Rent Despite COVID Theater Closures

    A Delaware state judge on Monday ruled that Regal Entertainment Group must pay $5.5 million in unpaid rent and other charges stemming from leases with Simon Property Group, finding that the pandemic doesn't excuse Regal from its rent payment obligations under the leases.

  • June 27, 2022

    3rd Circ. Urged To Allow Ammo Maker's Tort Claims

    Ammunitions broker Battle Born Munitions Inc. asked the Third Circuit to overturn a lower court's finding that it can't bring tort claims against its vendor Dick's Sporting Goods Inc., saying that Dick's knew it would not accept delivery of store-branded bullets when it said it would.

  • June 27, 2022

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court drew a step closer last week to filling an empty seat on the bench, a debt maven fought for control of a cosmetics company, and new cases came in involving cryptocurrency, building products, business software, and of course, private equity. Here's your weekly roundup of news from Delaware's Chancery Court.

  • June 27, 2022

    Justices Sit Out Apple's PTAB Standing Saga

    Justices on the U.S. Supreme Court on Monday declined to hear an appeal from Apple on the issue of standing to appeal Patent Trial and Appeal Board rulings, even though the case had received endorsement from tech companies and lawmakers including Sen. Patrick Leahy.

  • June 27, 2022

    AT&T Says $450M Phone Sharing IP Suit Is 6 Years Too Late

    AT&T Inc. has urged a New York federal judge to reject a patent-holding company's $450 million infringement suit over phone number sharing technology, arguing that the suit is too stale and that the patent covers nothing more than an abstract idea.

  • June 27, 2022

    2nd Circuit Backs $100M Loan Default Ruling In UBS Suit

    The Second Circuit has sided with a lower court's ruling that energy holding company Greka Integrated Inc. must pay $100 million to UBS AG's London branch following Greka's failure to repay loans it owes to the bank.

  • June 27, 2022

    Marriott Project Backers Win NJ Appeal Over Failed Land Deal

    A New Jersey state appeals court on Monday said a trial judge was right to order a hospitality business and its owner to reimburse two investors a combined $350,000 because the company failed to purchase land for the development of a Marriott hotel.

  • June 27, 2022

    Toshiba Defends $500M Hydro Plant Work In Bid To Duck Suit

    Toshiba Corp. wants to avoid a suit claiming it turned over shoddy work and missed deadlines overhauling a hydroelectric plant, arguing the work was fine and the allegations fall outside the bounds of the $500 million contract.

  • June 27, 2022

    Blank Rome Welcomes DLA Piper Corporate Atty In LA

    Blank Rome LLP said it has continued growing its Los Angeles office by adding a DLA Piper corporate attorney as a partner in its corporate, mergers and acquisitions and securities practice group.

  • June 27, 2022

    Trade Secret Suit Over Anesthetic's Cocaine Ingredient Settled

    A drugmaker producing a cocaine-based anesthetic and the pharmaceutical company it sued for allegedly misappropriating trade secrets related to the safety of its pharmaceutical-grade cocaine hydrochloride have together asked a Pennsylvania federal judge to dismiss the case.

  • June 27, 2022

    Justices Vacate, Remand PAGA Rulings In Light Of Viking

    The U.S. Supreme Court vacated and remanded on Monday several petitions centering on whether federal arbitration requirements bar workers' claims under a California law enabling them to sue on behalf of the state, citing the justices' recent Viking River Cruises decision. 

  • June 27, 2022

    High Court To Hear Sears Lease Fight With Mall Of America

    The U.S. Supreme Court said Monday it will hear a long-running dispute between the successor to retail giant Sears Holding Corp. and the Mall of America over the assignment of a store lease, taking up the question of whether appellate courts have jurisdiction to hear appeals of bankruptcy sale orders.

  • June 27, 2022

    Justices Won't Weigh Freight Broker Negligence Suit

    The U.S. Supreme Court on Monday declined to consider C.H. Robinson Worldwide Inc.'s challenge to a split Ninth Circuit decision reviving a personal injury suit alleging the freight broker and logistics giant negligently hired an unsafe trucker involved in a highway accident.

  • June 24, 2022

    Bristol-Myers Can't Dodge Celgene Investors' Drug Delay Suit

    UMB Bank can pursue its claims that Bristol-Myers Squibb improperly delayed U.S. Food and Drug Administration approval of a cancer treatment to avoid paying $6.4 billion owed from a 2019 acquisition of Celgene Corp., because the bank "has the better reading" of the contract, a New York federal judge has ruled.

  • June 24, 2022

    Architect Says Gov't Can't Back Up Casino Bribery Conviction

    An architect convicted of giving bribes to the leader of the Mashpee Wampanoag Tribe has pressed a Massachusetts federal court to overturn his conviction, saying the federal government wants the court to back a jury's guilty verdict "almost solely on the basis of acquitted conduct."

  • June 24, 2022

    DOJ Approves Dish And T-Mobile's Network Shutdown Deal

    The U.S. Department of Justice has signed off on an agreement between T-Mobile and Dish that updates the terms related to Dish's use of the telecommunications giant's wireless network, the companies indicated in Thursday filings with the U.S. Securities and Exchange Commission.

  • June 24, 2022

    Duke Energy $59M Contract Dispute Slimmed, Heads To Trial

    A federal judge on Friday said a dispute over terms of a soured $59 million contract between Duke Energy Corp. and a competitor in the Carolinas must go to trial, holding that the suit requires a careful evaluation of the facts.

Expert Analysis

  • NY Contractor Relief Bill Is Much-Needed, But Imperfect

    Author Photo

    Once signed by the governor, New York's S.B. 10109 will correctly provide relief to construction contractors negatively affected by drastic material price escalations, though it is held back by an arbitrary time restriction, say attorneys at Cohen Seglias.

  • Texas Infrastructure Act And Renewables Projects: 1 Year In

    Author Photo

    A year into implementation of Texas' Lone Star Infrastructure Protection Act, Jennifer Pier at Husch Blackwell discusses how renewable energy project developers, owners and investors planning projects in Texas can incorporate LIPA-related provisions into transaction and financing documents.

  • NYC Office Tower Ch. 11 Shines Light On Blocking Provisions

    Author Photo

    PMW Management's Chapter 11 filing, which recently received extra time to submit a restructuring plan, highlights courts' increasing skepticism of bankruptcy blocking provisions and favoritism toward leaving bankruptcy restructuring plans in the hands of the debtor, say Jeff Marwil and Ashley Weringa at Proskauer.

  • Tips For Managing Pre-Merger Information Exchanges

    Excerpt from Practical Guidance
    Author Photo

    During merger discussions and negotiations, eight strategies can help manage the exchange of competitively sensitive information, including hiring a clean team and awareness of overlaps, says Tim Haney at LexisNexis.

  • Bankruptcy Case Is Reminder On Collateral Ownership Issue

    Author Photo

    The recent Northern District of Oklahoma bankruptcy ruling in Rudick shows why it is critical that a practitioner understands who owns its client's proposed collateral, especially if the collateral is material to the underwriting and credit profile of a loan, say attorneys at Troutman Pepper.

  • Beware Arbitration Clauses That May Bar Inter Partes Review

    Author Photo

    Recent decisions show that the Federal Circuit and district courts are moving toward recognizing that standard arbitration clauses can bar inter partes review at the Patent Trial and Appeal Board, a new landscape that will require careful consideration for parties negotiating patent-related contracts, say attorneys at Ropes & Gray.

  • How To Avoid Construction Lien Traps In Bankruptcy Filings

    Author Photo

    The Ninth Circuit Bankruptcy Appellate Panel’s decision in 450 S. Western Ave. serves as a cautionary tale on the risks of a contractor agreeing not to foreclose a lien in exchange for the owner agreeing not to challenge the validity of the lien in bankruptcy filings, and highlights how contractors can protect their liens, says Blake Robinson at Davis Wright.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

    Author Photo

    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Deploying US Discovery In Brazil Following High Court Ruling

    Author Photo

    While the U.S. Supreme Court’s recent decision in ZF Automotive v. Luxshare may be seen as a limitation on the use of discovery in foreign proceedings, there are still many options for litigants deploying U.S. discovery abroad, which is particularly valuable in Brazil, say attorneys at Kobre & Kim.

  • Sears Bankruptcy Case Shows Modification Disclosure Is Key

    Author Photo

    The recent New York federal court decision in Transform Holdco v. Sears Holdings highlights the importance of seeking approval of any material modifications to a purchase agreement in a bankruptcy, as historical setting can be a factor if any dispute arises later between a debtor and a buyer, say Frank Grese and Reginald Sainvil at Baker McKenzie.

  • Determining Interest Rate Floors With Transition To SOFR

    Excerpt from Practical Guidance
    Author Photo

    As commercial loans shift from Libor to Secured Overnight Financing Rate term rates, counsel should review existing credit agreements and any amendments, and pay close attention to whether any floors are transitioned or become applicable as a result of an agreement's transition, says Ann Dziuba at LexisNexis.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

    Author Photo

    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

    Author Photo

    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • Force Majeure Claims Amid New Supply Chain Disruptions

    Author Photo

    Port tie-ups, labor shortages and other recent supply disruptions will likely prove even more difficult to assert than force majeure claims from earlier phases of COVID-19, and the better bet may be to make claims based on the pandemic, says Neil Schur at Anderson Kill.

  • 8 Steps To Creating A Legal Ops Technology Road Map

    Author Photo

    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

Want to publish in Law360?


Submit an idea
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!