Commercial Contracts

  • October 19, 2020

    Justices Urged Not To Let Arbitrator Decide Venue Question

    Clauses allowing an arbitral body to decide whether it has jurisdiction over a dispute shouldn't be enough to strongarm the courts out of the picture, an arbitration scholar told the U.S. Supreme Court on Monday.

  • October 19, 2020

    CBD Biz Says Former Licensee Stole Remediation Technique

    A CBD oil extraction and remediation company has claimed that a business to which it licensed its remediation technique stole that information to make and sell its own remediation machinery through related entities, one of which tried licensing the system back to the original company.

  • October 19, 2020

    Construction Co. Sues Contractor Over $2M Embassy Project

    A California subcontractor that says it couldn't complete a $2 million contract for roofing work at the U.S. embassy in Colombia due to defective materials sued in Maryland federal court after the contractor finished the job.

  • October 19, 2020

    Preparing The Next Generation Of Female Trial Lawyers

    To build the ranks of female trial attorneys, law firms must integrate them into every aspect of a case — from witness preparation to courtroom arguments — instead of relegating them to small roles, says Kalpana Srinivasan, co-managing partner at Susman Godfrey.

  • October 19, 2020

    Mentorship Is Key To Fixing Drop-Off Of Women In Law

    It falls to senior male attorneys to recognize the crisis female attorneys face as the pandemic amplifies an already unequal system and to offer their knowledge, experience and counsel to build a better future for women in law, says James Meadows at Culhane Meadows.

  • October 19, 2020

    What BigLaw Can Do To Actually Retain Female Attorneys

    Even as BigLaw firms are recruiting women into their ranks in larger numbers, their presence in leadership and equity partnerships remains stubbornly low. Here’s a look at why this is happening — and what firms can do.

  • October 19, 2020

    Female Attorneys Gain Ground In Battle For Clerkships​

    More female attorneys are landing highly sought-after U.S. Supreme Court clerkships, and the experience can turbocharge their careers.

  • October 19, 2020

    These Firms Have The Most Women In Equity Partnerships

    At most U.S. law firms, equity partnerships are still overwhelmingly male, but women at some firms are starting to shake up that reality and smash the glass ceiling that has prevented them from advancing to the uppermost ranks. Here are this year’s Ceiling Smashers — the firms that are outpacing their peers as the legal industry works toward closing the gender gap in its top ranks.

  • October 19, 2020

    Wearing Natural Hair In BigLaw

    In this video, four Black women share their thoughts about wearing natural hair as BigLaw attorneys. In order of appearance, the attorneys are: Rukayatu Tijani, founder of Firm for the Culture and a former BigLaw associate; Delilah Clay, legislative & regulatory advisor at Manatt Phelps & Phillips LLP; Rachel Boyce, associate at Cooley LLP; and Crystal Nwaneri, associate at Fenwick & West LLP.

  • October 19, 2020

    Ex-Jimmy John's Worker Defends Mixed No-Poach Suit Class

    A former Jimmy John's employee is fighting back against claims that his proposed class misses the mark because it seeks to include both supervisors and workers in a suit accusing the sandwich chain of imposing anti-competitive, no-poach policies on its franchises.

  • October 19, 2020

    Apple, Epic Warned Against Atty 'Nastiness' In Antitrust Fight

    A California federal judge repeatedly warned Apple and Epic Games Inc.'s counsel Monday that she'll sanction attorneys for any "nastiness" as their antitrust fight heads toward a May bench trial, and also aired concerns the public has maxed out the court's Zoom license and posted bootlegged videos of some hearings online.

  • October 19, 2020

    Visa, Black Card Spar Over Virus Safety In $600M IP Fight

    The credit card loyalty program Black Card has called on a federal judge to let its $600 million licensing contract dispute with Visa go before a Wyoming jury next month as planned, citing Judge Rodney Gilstrap's decision to hold a jury trial in Texas in July.

  • October 19, 2020

    Targa Must Repay $129M In Failed Crude Processing Deal

    Midstream resource management company Targa Channelview LLC will have to return $129 million plus interest that energy company Vitol Americas Corp. paid it to build a crude oil storage and processing facility, after a Texas state court ruled that Targa breached a construction agreement.

  • October 19, 2020

    Memorabilia Biz Accuses Debevoise Of Fraud Amid SEC Probe

    A memorabilia auction company sued Debevoise & Plimpton LLP on Saturday, saying the firm's attorneys "abysmally failed" their duties and "annihilated" the company's market value by trying to cover up their own mishandling of an SEC investigation into potential fraud.

  • October 19, 2020

    Fla. Schools Rebut COVID-19 Suits Based On 'Disappointment'

    Two Florida universities have shot back at proposed class actions over their decisions not to issue partial tuition and fee refunds after classes were moved online due to the COVID-19 pandemic, saying the suits are rooted in students' subjective disappointment that does not hold up in court.

  • October 19, 2020

    Justices Won't Disturb $63M Award In Wind Development Row

    The U.S. Supreme Court refused Monday to disturb a Fifth Circuit's ruling upholding the enforcement of a $62.9 million arbitral award in favor of investors in a failed wind energy project who said a partner in the venture breached an exclusivity provision.

  • October 16, 2020

    In Their Own Words: Being A Woman In BigLaw

    Firms are recruiting more women than previously to their ranks, but still have trouble retaining them at the same rate as men. Law360 asked three female attorneys who left BigLaw about how firms could better serve the women who work there. Here's what they have to say.

  • October 16, 2020

    Law360's Glass Ceiling Report: What You Need To Know

    While law firms continue to tout efforts to close the gender gap in their ranks, parity is still a distant goal, our annual survey shows.

  • October 16, 2020

    Glass Ceiling Report: How Does Your Firm Measure Up?

    Law firms have long struggled to clear the barriers women face in the legal industry, particularly when it comes to accessing the top ranks. Law360's 2020 Glass Ceiling Report looks to shed light on the progress firms have made and where they aim to be.

  • October 16, 2020

    Chancery Questions WeWork's Flip-Flop On $3B Softbank Suit

    Delaware's chancellor pressed attorneys for WeWork's parent company Friday to explain an abrupt reversal earlier this year of its support for suing Softbank Group over its walk-away from a $3 billion tender offer, setting up a duel over conflicting reports from independent WeWork directors.

  • October 16, 2020

    K&L Gates Can't Duck $100M Nanotech Malpractice Suit

    The Texas Supreme Court on Friday denied a bid from K&L Gates LLP to undo a lower court's ruling that it can't escape a $100 million malpractice suit filed by nanotechnology company Quantum Materials Corp.

  • October 16, 2020

    Pot Co. Nabis Says Ex-CEO Stole Arizona Dispensary

    A subsidiary of debt-ridden cannabis company Nabis Holdings Inc. has accused its former president and chief operating officer of stealing its dispensary in Arizona following his ouster, asking a state court to return the property as it faces a looming $8.1 million debt payment.

  • October 16, 2020

    Bloomberg Urges 2nd Circ. To Knock Down Drywall Co.'s Suit

    Bloomberg LP has pressed the Second Circuit to uphold a lower court's decision to ditch a drywall subcontractor's suit accusing Bloomberg and others of construction bid-rigging, saying a federal judge was right to reject "stale and irrelevant evidence."

  • October 16, 2020

    Undrafted Football Star Sues Sports Agency, Agent For $1M

    Former University of Georgia football standout J.R. Reed sued NFL player sports agency Sportstars Inc. and one of its agents in California federal court for $1 million after he went undrafted earlier this year, alleging they failed to alleviate NFL teams' concerns over a knee injury Reed suffered in high school.

  • October 16, 2020

    Berkshire Hathaway Unit Drops Jones Day Conspiracy Suit

    A Berkshire Hathaway unit is voluntarily dropping its lawsuit against Jones Day alleging the law firm was part of a conspiracy to trick it into overpaying for a piping manufacturer and related businesses that were effectively on the verge of bankruptcy.

Expert Analysis

  • How A Biden Administration Would Shape IP Policy

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    While Democratic presidential nominee Joe Biden's intellectual property agenda would likely strengthen patent rights and international trade secret enforcement, proposals to drastically reduce employee noncompete and no-poach agreements could weaken protections domestically, say Charles Barquist and Maren Laurence at Maschoff Brennan.

  • 6 Employment Considerations For M&A Deals Amid Pandemic

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    As many businesses look to merge with, acquire, invest in or partner with others, acquiring companies and investors must review key employment law complexities, such as wage and hour issues and paid leave obligations, that are magnified by the pandemic and could substantially influence a target’s value, say attorneys at Greenwald Doherty.

  • Guest Feature

    5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

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    The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • Facing Policy Shifts, Oil And Gas Cos. Need Depreciation Help

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    As cost and policy considerations accelerate the shift away from oil and gas, legacy energy companies need the Federal Energy Regulatory Commission to reevaluate depreciation schedules for assets such as pipelines and gas-fired power plants, say attorneys at Sheppard Mullin.

  • SEP Users Should Jettison Antitrust For Patent, Contract Law

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    Because the recent holdings in Federal Trade Commission v. Qualcomm and Continental Automotive Systems v. Avanci demonstrate antitrust's flaws in resolving disputes over licensing rates for standard-essential patents, users should employ contract and patent law for more flexibility in negotiations and litigation, say Erik Puknys and Michelle Rice at Finnegan.

  • California Judicial Reference Can Benefit Litigants Right Now

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    Judicial reference proceedings as an alternative to litigating in California state court offer several advantages to parties, including the ability to get a case moving amid pandemic-induced backlogs and the right to appeal a judgment in court, say Charles Correll and George Morris at King & Spalding.

  • How COVID-19 May Rattle Companies' Supply Chains

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    As manufacturers, distributors and retailers begin to resume their activities in the wake of COVID-19 lockdowns, they must be aware of how changes in manufacturing, storage, shipping and staffing practices at different points in the supply chain could compromise product quality and increase legal liability, says Zal Phiroz at Pier Consulting Group.

  • Opinion

    Lawyers Must Fight Voter Suppression This Election Season

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    Lawyers should use their unique skill sets, knowledge and spheres of influence to fight burdensome ID requirements and other voter suppression tactics that may influence the 2020 elections, and to participate in potential post-election litigation, say CK Hoffler and Allyce Bailey at the National Bar Association.

  • Why Online Mediation May Be Here To Stay

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    Videoconferenced mediation offers several advantages and helps cases settle faster and more cordially, making it hard to imagine going back to logistically difficult in-person dispute resolution after COVID-19 restrictions are gone, says Sidney Kanazawa at ARC.

  • 4 Steps To Identify Cybersecurity Risks In M&A Due Diligence

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    In light of additional data breach risks resulting from COVID-19 shutdowns and remote working, having a comprehensive understanding of a target company's cybersecurity risk profile early in the M&A deal process is crucial to increasing transparency, facilitating negotiations and mitigating the risk of unforeseen attacks, says Jennifer Tsai at Kira Systems.

  • Employer Arbitration Agreement Pointers From 2 Rulings

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    While two recent decisions from the New Jersey Supreme Court and Third Circuit address separate employment arbitration agreement enforceability issues, both reaffirm the strong federal policy favoring arbitration and offer some clarity on when a court versus an arbitrator determines whether an agreement exists, says Kirsten Grossman at Nukk-Freeman.

  • Clients Have The Power To Promote Wellness At Law Firms

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    Law firm clients can play a role in lowering mental distress in the legal profession by seeking lawyer wellness data from firms and factoring those responses into outside counsel hiring decisions, says Jonathan Prokup at Cigna.

  • Navigating International Contracts In NY During A Pandemic

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    Parties to international commercial contracts governed by New York law are unlikely to invoke force majeure effectively, so they should seek to communicate, negotiate and mediate as necessary to resolve impediments arising from COVID-19, says Erika Levin at Lewis Baach.

  • Opinion

    Appellate Courts Should Welcome Well-Crafted Amicus Briefs

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    A Seventh Circuit judge's recent order granting leave for three organizations to file amicus curiae briefs in Prairie Rivers Network v. Dynegy Midwest Generation is a reminder that relevant, nonduplicative amicus briefs can provide courts with helpful perspective, important facts and legal arguments, says Lawrence Ebner at Capital Appellate Advocacy.

  • CFPB U-Turn On Mortgage Marketing May Repair Industry Ties

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    The Consumer Financial Protection Bureau this week rescinded previous guidance that increased scrutiny on marketing services agreements in the mortgage space, representing a step toward reconciling the often tense relationship between regulators and the industry, says Nate Viebrock at Viebrock & De Nittis.

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