Commercial Contracts

  • September 24, 2021

    NYC Tower Developers Sued For $125M Over 'Shocking' Flaws

    The condo boards at a supertall residential building located at 432 Park Ave. in Manhattan sued the developers for $125 million in damages in New York state court Thursday, citing floods, faulty elevators, "intolerable" noise and two electrical explosions while claiming the developer obfuscated and denied the problems for years.

  • September 24, 2021

    Pa. Eatery Wants Virus Insurance Suit Paused For 3rd Circ.

    A Pittsburgh restaurant has asked a Pennsylvania federal court to pause its lawsuit seeking insurance coverage for pandemic-related losses, saying the Third Circuit is now considering a group of consolidated appeals that could resolve most of the case's issues.

  • September 24, 2021

    Union Pacific Scores Win In Chicago Metra Rail Line Fight

    An Illinois federal judge handed rail giant Union Pacific a win in its dispute with Chicago's commuter rail system, Metra, over three rail lines on which Union Pacific no longer wants to operate passenger service, saying it is not federally required to maintain passenger service levels.

  • September 24, 2021

    Colonial Gas Mixing Illegal, Shipper Tells 3rd Circ.

    A Third Circuit panel on Friday questioned whether a dispute over a Colonial Pipeline Co.-affiliated refiner's mixing of butane with a shipper's gasoline would be better resolved by the Federal Energy Regulatory Commission than the courts.

  • September 24, 2021

    QVC Ducks Antitrust Claim In Suzanne Somers Diet Pill Row

    A Pennsylvania federal judge has nixed a claim alleging antitrust violations on the part of QVC Inc. as part of a broader lawsuit from actress and entrepreneur Suzanne Somers accusing the home shopping giant of scheming to freeze her out of the market for nutritional supplements.

  • September 24, 2021

    Arb. Clause Applies To MDs In Vaccine Suit, 3rd Circ. Told

    Merck Sharp & Dohme Corp. urged the Third Circuit on Friday to order doctors who filed antitrust claims over children's vaccine prices to resolve the dispute out of court, saying they are bound by an arbitration clause in the agreements between the pharmaceutical powerhouse and physician buying groups.

  • September 24, 2021

    Texas Justices To Weigh If Bluestone Underpaid Gas Royalties

    The Texas Supreme Court on Friday agreed to review a Barnett Shale mineral interest owner's dispute with BlueStone Natural Resources that challenges whether the company is allowed to reduce royalties to account for costs incurred transporting gas via a gathering system.

  • September 24, 2021

    Utility Looks To Nix FTC Deal Obligations After Spinoff

    DTE Energy Co. has asked the Federal Trade Commission to relieve it of obligations imposed by a 2019 settlement addressing concerns over the purchase of a natural gas pipeline after the company said it spun off the portion of its business with an interest in the asset.

  • September 24, 2021

    Subcontractor Seeks $3M From Arlington Road Job

    A subcontractor for a road renovation job at Arlington National Cemetery has sued the contractor in Virginia federal court for more than $3 million, saying it was wrongly terminated from the government contract and was blocked from fixing problems.

  • September 24, 2021

    Cruise Co. Sails To Victory In Ship Breakdown Class Action

    Passengers who sued a tour company after a broken-down ship halted their European river cruise lost the remaining claim in their class action Friday, with a Boston federal judge dinging the vacationers for failing to give clear notice of their claims prior to filing suit.

  • September 24, 2021

    Faegre Drinker Facing DQ Bid In Del. Insurance Row

    Specialty insurance distributor Amwins Group is urging a Delaware federal judge to disqualify Faegre Drinker Biddle & Reath LLP from representing carriers it has sued for alleged breach of contract, saying the law firm may have a potential conflict of interest.

  • September 24, 2021

    Texas Justices Won't Hear Tax Dispute Over $4.8M Jet

    The Texas Supreme Court denied a petition for review Friday in a case seeking to invalidate a lower court's ruling upholding a tax assessment and fraud penalty on a company's purchase of a $4.8 million business jet.

  • September 24, 2021

    Texas Justices Won't Hear Bid To Undo $3.3M Drilling Verdict

    The Texas Supreme Court on Friday declined to hear a bid by Crimson Exploration Operating Co. to undo a $3.38 million jury verdict against it in a dispute with BPX Operating Co. over an oil and gas well that was never completed.

  • September 24, 2021

    Saxena White Can't Lead FIFA Suit After Robbins Geller DQ

    A New York federal judge who disqualified Robbins Geller Rudman & Dowd LLP from securities litigation related to the FIFA corruption scandal on Thursday rejected Saxena White PA's request to take over the case, chastising the firm for seeking continued advice from Robbins Geller.

  • September 24, 2021

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

    This past week in London has seen two energy drink giants lock horns, Standard Chartered sued by the state of Wisconsin and IBM take aim at a Swiss software company. Law360 looks at these and other new claims in the U.K. 

  • September 23, 2021

    Disney Wrong to Push Co. From Bill Nye Suit, Court Told

    A company claiming it's a profit participant in the TV show "Bill Nye the Science Guy" urged a California appeals court Thursday to overturn a ruling that it doesn't have standing to sue The Walt Disney Co. and Buena Vista Television LLC for a larger share of profits than it's already received.

  • September 23, 2021

    BofA Defeats Maryland Escrow Interest Suit

    A Baltimore federal judge freed Bank of America from a proposed consumer class action that sought to hold it liable for millions of dollars in escrow interest allegedly owed to Maryland mortgage borrowers, handing the bank a notable win in a case that's paralleled national litigation.

  • September 23, 2021

    UC San Diego Health Sued Over Patient Data Breach

    The University of California San Diego's health system was hit with at least two putative class actions in California federal court this week over a data breach that purportedly compromised hundreds of thousands of patients' medical records and other personal identifiable information.

  • September 23, 2021

    DOJ's American-JetBlue Suit An Aggressive Antitrust Flex

    President Joe Biden's pro-competition agenda is boldly targeting American Airlines, the world's largest carrier, and JetBlue over a Trump administration-approved alliance that regulators now liken to a 19th-century trust, but experts say questions remain as to whether the airlines' promises of increased consumer choice are actually being realized.

  • September 23, 2021

    Ga. Judge Takes Dig At Overcomplicated Drink Formula IP Suit

    A Georgia federal judge has chided counsel for lengthy pleadings in a drink formula trade secret suit between rival beverage makers even as he kept most of the case intact in a ruling that began by stating, "Lawyers sometimes make matters unnecessarily complicated."

  • September 23, 2021

    Wireless Cos. Say Mo. City's Right-Of-Way Fee Too High

    The Wireless Internet Service Providers Association has told the Federal Communications Commission it supports Bluebird Network's petition for the agency to prevent what it considers an exorbitantly high fee that the city of Columbia, Missouri, charged Bluebird for rights of way.

  • September 23, 2021

    Attys Want $23M In Fees For Wells Fargo Auto Loan Fees Suit

    Attorneys representing a class of Wells Fargo customers that sued over certain fees tied to auto loans asked a California federal judge Wednesday for $23.1 million in fees and $260,000 in litigation reimbursements for their role in securing a nearly $500 million settlement for the consumers.

  • September 23, 2021

    Doctor Immune From Fired Temple Prof's Suit, 3rd Circ. Told

    A physician facing defamation claims for making sexual harassment allegations against a former Temple University medical professor urged the Third Circuit Thursday to grant her immunity from the lawsuit, arguing that the law protects statements made in connection with "quasi-judicial" proceedings.

  • September 22, 2021

    MedMen Founders' New Co. Sues Pot Chain Over Sale Plans

    A company run by the ousted co-founders of cannabis giant MedMen has alleged in a lawsuit that the founders of a California dispensary chain that it has invested in are planning to sell off the company to benefit themselves.

  • September 22, 2021

    Britney Spears Wants Dad Out Of Conservatorship Now

    Britney Spears told a Los Angeles judge Wednesday that as the conservatorship that has controlled her life and finances for more than decade winds down, her father James Spears should no longer be allowed to hold power over his daughter.

Expert Analysis

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • Commercial Takeaways After Tech Co. Faces Export Fine

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    The U.S. Department of State recently fined Keysight Technologies for violating U.S. export control requirements, underscoring that commercial sector companies without export compliance resources are still responsible for following the International Traffic In Arms Regulations and the Export Administration Regulations even if they have few government customers, says Thomas McVey at Williams Mullen.

  • NY Debt Enforcement Alternatives For Cannabis Lenders

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    As the cannabis regulatory landscape continues to develop in New York, lenders contemplating extending credit to state-legal cannabis businesses must be acutely aware of procedures under state debt enforcement alternatives, set realistic expectations, and draft their agreements to maximize potential recoveries, say attorneys at Davis & Gilbert.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Fed. Circ. Micron IP Ruling Raises Damages Disclosure Bar

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    The Federal Circuit's recent decision in MLC v. Micron, upholding the exclusion of expert testimony on patent damages evidence, may heighten initial discovery burdens, underscoring the importance of providing proper disclosure of damages-related information and positions prior to expert discovery, say Joel Wacek and Brynna Smith at Hoffman Alvary.

  • Navigating Bar To Patentability In 3rd-Party Secret Sales

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    Because courts and litigators have improperly extended an exception to the on-sale bar to patentability in a manner that could exclude all third-party secret sales, practitioners should be wary of the potential pitfalls in proving an on-sale bar, say Daniel Tishman and Brian Livedalen at Fish & Richardson.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • What Forced Arbitration Ruling Means For Calif. Employers

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    As a result of the Ninth Circuit's surprising, peculiar decision this week in Chamber of Commerce v. Bonta, employers in California once again face the very real prospect of incurring criminal and civil penalties for simply requesting that employees and applicants agree to arbitrate future disputes, says Anthony Oncidi at Proskauer.

  • Del. M&A Ruling Holds Lessons On Post-Termination Rights

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    The Delaware Chancery Court's recent dismissal of Yatra Online's allegations that Ebix willfully broke the terms of their merger agreement to scuttle the transaction underscores the importance of paying close attention to the language in a transaction's provisions for effect of termination, say attorneys at Fried Frank.

  • How SPAC Investors Might Rethink Material Adverse Effect

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    Buyers in special purpose acquisition company transactions involving early-stage technology companies should consider allocating key business risks in an acquisition agreement outside the construct of material adverse effect, due to the difficulty of proving a material adverse effect on a pre-revenue target company in Delaware court, say attorneys at White & Case.

  • Series

    Embracing ESG: Leidos GC Talks Social Responsibility

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    Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

  • Vehicle Service Contracts Present Opportunities For EV Cos.

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    As the electric vehicle market grows faster than ever, manufacturers, dealers and even aftermarket participants can use vehicle service contracts to open up new revenue streams and maintain a touchpoint with customers — but contract providers must be aware of applicable laws and regulations, says Matthew R. Wagner at Frost Brown.

  • Brow-Raising TM Case Could Reshape Influencer Contracts

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    If the Petunia Products v. Rodan & Fields brow products dispute, currently pending in a California federal court, ultimately finds, for the first time, that social media influencers can be liable for promoting trademark-infringing products, it could bring changes in influencer agreement drafting and negotiation, says attorney Marie-Andrée Weiss.

  • Now More Than Ever, Automakers Must Protect Trade Secrets

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    The development of numerous new vehicle technologies, coupled with supplier consolidation and employee transience, means that automakers must take steps now to protect valuable proprietary information from an increased risk of theft or accidental disclosure, says Jason McCarter at Miller & Martin.

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