Commercial Contracts

  • November 28, 2023

    Debtor Can't Also Be Creditor In Ch. 13, 7th Circ Rules

    The Seventh Circuit ruled that an Illinois-based business owner cannot seek a more than $300,000 state court judgment against his former business partners in their Chapter 13 bankruptcy petition, holding that the owner and his alter ego company cannot become both the creditor and debtor.

  • November 28, 2023

    Fund Manager Sues SBA Over PPP Forgiveness Denial

    A California-based mutual fund manager has filed a lawsuit against the Small Business Administration and one of its administrators, alleging they unfairly denied forgiveness on a nearly $300,000 Paycheck Protection Program loan issued amid the COVID-19 pandemic.

  • November 28, 2023

    Pac-12 Bylaws 'Poorly Written,' Wash. High Court Official Says

    The 10 departing Pacific-12 Conference schools will retain veto power in the group while the Washington Supreme Court decides whether to hear the case, with a court commissioner ruling Tuesday that conference bylaws on leaving are "poorly written and possibly ambiguous."

  • November 28, 2023

    Sofia Vergara Owes $1.7M For Mansion Reno, Contractor Says

    Sofia Vergara faces a contract breach suit brought Monday in California state court by a construction company alleging the actress and her business partner, both of whom run a trust that owns a $26 million Beverly Hills mansion, refused to pay the plaintiff over $1.7 million for property renovations.

  • November 28, 2023

    Judge Won't Quash Service In $80M Crypto-Forex Theft Suit

    A Florida judge refused to quash service of an $80 million suit on the CEO of FxWinning Tuesday, but said she would hold a hearing to determine whether service on the foreign exchange-cryptocurrency investment brokerage itself was proper.

  • November 28, 2023

    Car Tech Biz Wants TM Verdict Against Ford Upped To $15M

    A California vehicle technology company that won a trademark and trade secrets verdict against Ford Motor Co. asked a Michigan federal judge on Tuesday to boost the award from less than half a million dollars to $15 million, arguing the verdict didn't account for all profits from the infringing activity. 

  • November 28, 2023

    United To 'Aggressively' Push For Low-Cost Flyers, Exec Says

    A United Airlines executive testified Tuesday in the government's challenge to JetBlue's $3.8 billion purchase of Spirit Airlines that his airline intends to "aggressively" compete for the most price-sensitive customers as it expands its fleet with bigger aircraft capable of offering more seats for its bare-bones, basic economy offering. 

  • November 28, 2023

    Law Firm Leaders Cautiously Optimistic Heading Into 2024

    Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.

  • November 28, 2023

    The 2023 Law360 Pulse Leaderboard

    Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.

  • November 28, 2023

    COVERAGE RECAP: Day 35 Of Trump's NY Civil Fraud Trial

    Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from day 35.

  • November 27, 2023

    Google's Android Monopoly Harms Users, Stanford Prof Says

    A Stanford economics professor took the stand Monday in Epic Games' antitrust suit over Google's Android app store, saying it holds a monopoly on the market for smartphone operating systems and uses anticompetitive tactics to stifle rivals, meaning smartphone users and developers "have suffered as a result."

  • November 27, 2023

    McDonald's Asks Justices To Review Workers' No-Poach Case

    McDonald's asked the U.S. Supreme Court on Monday to review the Seventh Circuit's revival of a proposed class action alleging the company's since-discontinued no-poach provisions in franchisee agreements violated antitrust laws.

  • November 27, 2023

    Perkins Coie Inks Prelim. Deal In Cryptocurrency Class Action

    Perkins Coie LLP and a proposed class that sued the BigLaw firm for allegedly misappropriating $10 million in cryptocurrency reached a preliminary settlement to end the case for $4.5 million, according to a filing made in Washington state federal court on Monday. 

  • November 27, 2023

    Alex Jones Can Earn $650K Salary While Working On Ch. 11

    A Texas bankruptcy judge approved a cash collateral order Monday in the Chapter 11 case of bankrupt InfoWars purveyor Free Speech Systems that includes a bump in pay for right-wing conspiracy theorist Alex Jones, saying he didn't have enough evidence to grant the company's $1.5 million salary request as the company and its main moneymaker pursue Chapter 11 plans.

  • November 27, 2023

    MGA Unlikely To Get Quick Appeal Of 3rd Doll IP Trial Order

    A California federal judge overseeing rapper T.I.'s $100 million intellectual property dispute against MGA Entertainment appeared ready at a Monday hearing to stick with his tentative decision to deny the toy giant's request to pause the proceedings and certify for interlocutory appeal his ruling that ordered a third trial in the case. 

  • November 27, 2023

    Trash Or Treasure, Court OKs Lifting Turkish Scrap Metal Duty

    The U.S. Court of International Trade on Monday affirmed the government's change of heart on whether a Turkish shipbuilder's duties should apply to scrap metal it sold to a rebar exporter, dismissing protests from U.S. steel producers.

  • November 27, 2023

    Ex-Papa John's Manager Resubmits $5M No-Poach Settlement

    A former Papa John's manager wants to assuage a Kentucky federal judge's concerns over a $5 million settlement resolving claims over "no poach" provisions in the pizza chain's franchise agreements, arguing it doesn't matter that the deal covers both managerial and non-managerial workers or that some of them signed arbitration agreements because all plaintiffs were harmed by a "uniform" wage policy and all are making the same claim with the same theory of damages.

  • November 27, 2023

    Judge Chides Oil Plaintiffs For 'Procedural Gymnastics'

    A Colorado federal judge has again knocked down a proposed royalty class action against a Chevron unit and Kerr-McGee, ruling that leaseholders' decision to engage in "procedural gymnastics" instead of filing an appeal was a problem of their own making.

  • November 27, 2023

    Insurer Seeks $17.4M For Failed La. Dredging Projects

    An insurer urged a Louisiana federal court Monday to award it over $17 million in damages following several dredging contractors' alleged abandonment of multiple public utility projects, arguing that the contractors failed to pay it back for bonds it issued under a 2014 indemnity agreement.

  • November 27, 2023

    NC Church Says Contract Dispute Doesn't Involve Religion

    A Wilmington congregation pressed the North Carolina Court of Appeals to review its lawsuit alleging the state's United Methodist Church's governing body schemed to close the local church and take more than $2 million in property, arguing the court doesn't have to wade into religious doctrine to decide on the contract dispute.

  • November 27, 2023

    Businessman Vouches For His Affidavit In Hot Dog Biz Fight

    A businessman has asked North Carolina's business court not to strike his affidavit from the record in a fight with his one-time partner over their plans to buy up an Ohio hot dog chain, saying it doesn't contradict his prior deposition testimony as his ex-partner has argued.

  • November 27, 2023

    Ex-Allstate Agent Settles Allegations She Swiped Customers

    A former Allstate agent has agreed not to sell competing products to her former customers as part of a deal resolving allegations she improperly used Allstate's client lists and confidential information after she stopped working with the company, according to an order filed Friday.

  • November 27, 2023

    Crypto Game Co. Neon Says Investor Is 'Raiding' Its Coffers

    Six founders of blockchain gaming studio Neon Machine Inc. filed a derivative lawsuit on the company's behalf in Delaware's Court of Chancery on Monday, seeking to stop its controlling stockholder and new self-appointed CEO from destroying the company and "raiding or attempting to raid Neon's coffers."

  • November 27, 2023

    Golf Course Cos. Ask 4th Circ. Not To Certify Chinese Citizens

    A group of golf course ownership companies has asked the Fourth Circuit to affirm a trial court's denial of class certification to investors suing over the use of their money by now-defunct Chinese peer-to-peer lending firms, saying the suit doesn't belong in the U.S. courts.

  • November 27, 2023

    Indian Glycine Co.'s Waffling Justifies Penalty Duties

    The U.S. Court of International Trade stood by the penalty tariffs the U.S. Department of Commerce issued to an Indian glycine producer that offered officials contradictory evidence on whether it had ties with other glycine companies in India.

Expert Analysis

  • New Legal Frameworks Are Instrumental For AI In Music

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    As artificial intelligence encroaches — or complements — the deeply human art of music making, creating harmony between law and technology will require all stakeholders in the music industry to provide input on intellectual property and ethical concerns, say Ariela Benchlouch and Gai Sher at Greenspoon Marder.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • Rethinking Tech Contract Terms For Governance Of AI Use

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    Traditional considerations in technology deals are often inadequate for governing artificial intelligence use, which means lawyers should revisit and reimagine existing terms across the full spectrum of relevant contracts, ranging from procurement agreements and data licenses to customer agreements, say Marina Aronchik and Samuel Hartman at Mayer Brown.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Best Practices For Defense Tech Startup Financing

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    Navigating the expanding and highly regulated defense technology sector requires careful planning and execution, starting at incorporation, so startups should prepare for foreign investor issues, choose their funding wisely and manage their funds carefully, say attorneys at WilmerHale.

  • Questions Linger Over Texas Business Court's Jurisdiction

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    If parties to a case in Texas' new business court do not agree on whether the court has supplemental jurisdiction over their claims, then those claims may proceed concurrently in another court — creating significant challenges for litigants, and raising questions that have yet to be answered, says Ryan Sullivan at Reichman Jorgensen.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Harvard's Broker Fight Shows Active Risk Management Is Key

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    Harvard University’s recently filed suit against its insurance broker for alleged malpractice in handling the Students for Fair Admissions claim illustrates that risk management requires the concerted effort of policyholders, brokers and insurers to protect against disastrous losses, say William McMichael and David Klein at Pillsbury.

  • Transparency And Explainability Are Critical To AI Compliance

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    Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.

  • What Texas Business Court Could Mean For Oil, Gas Cases

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    While the new business court in Texas might seem an ideal venue for the numerous oil and gas disputes litigated in that state, many of these cases may remain outside its reach under the rules governing the court's jurisdiction — at least for now, say Conrad Hester and Emily Fitzgerald at Alston & Bird.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • SEC Fines Mean Cos. Should Review Anti-Whistleblower Docs

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    The Securities and Exchange Commission’s expanding focus on violations of whistleblower protection laws — as seen in recent settlements where company contracts forbade workers from reporting securities misconduct — means companies should review their employment and separation agreements for language that may discourage reporting, says Caroline Henry at Maynard Nexsen.

  • Sellers Seeking Best Deal Should Focus On Terms And Price

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    Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

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