Commercial Contracts

  • April 12, 2021

    Three Firms Tapped To Lead Robinhood Order Flow Suits

    A California federal judge Monday consolidated five putative class actions from Robinhood users over the alleged failure to disclose the processes of payment for order flow, appointing Ahdoot & Wolfson PC, Bursor & Fisher PA and Liddle & Dubin PC as lead counsel.

  • April 12, 2021

    9th Circ. Doubts NSO's Immunity Defense In WhatsApp Suit

    A Ninth Circuit panel appeared skeptical Monday of Israeli spyware company NSO Group's argument that sovereign immunity protects it from Facebook's lawsuit over hacks to subsidiary WhatsApp, with two judges pointing out the lack of case law to support NSO's position and a third judge saying the case should go to discovery.

  • April 12, 2021

    Calif. Tribal Labor Deals Clash With NLRA, Tribe Tells 9th Circ.

    A California tribe urged the Ninth Circuit not to make it arbitrate a dispute with a union seeking to represent workers at its casino, saying state policy making tribes ease union organizing in order to operate casinos may be moot after the court said federal labor law applies to tribal employers.

  • April 12, 2021

    Tube Cos. Say Trade Secret Spat Deserves Court Injunction

    Two U.S. tube companies urged a Texas federal court to not send their dispute over tube connection trade secrets to arbitration, since their agreement with a Russian oil and gas pipe manufacturer says they can request a preliminary injunction before arbitration.

  • April 12, 2021

    Couple To Pay $1.6M In EB-5 Visa Fraud Case

    A California federal court issued a writ of execution for $1.6 million Monday against a couple accused of conning a would-be EB-5 investor out of $1.5 million in the latest twist in the long-running fraud suit.

  • April 12, 2021

    Amgen Urges Justices To Leave Enbrel Patent Ruling Alone

    Amgen Inc. unit Immunex said Monday that there's no need for the U.S. Supreme Court to review a decision finding the biopharmaceutical company didn't patent the same invention twice for its blockbuster autoimmune drug Enbrel, saying the ruling was "case-specific" and correct.

  • April 12, 2021

    Walmart Owes $115M For Stealing Startup's Food Tech

    A jury in Walmart's home state of Arkansas said the world's largest retailer owes a Texas food technology startup $115 million after it developed shelf-freshness technology by shoplifting the startup's trade secrets.

  • April 12, 2021

    Pot Co. Can't Shake Investor's Fraud Suit, Judge Told

    An investor suing a cannabis entrepreneur for allegedly misleading him into funding federally illegal drug operations and failing to return his investment plus interest urged a Colorado federal judge Friday not to extinguish racketeering claims, saying "this is exactly the type of conduct RICO was designed to discourage and punish."

  • April 12, 2021

    Jack's Abby Defeats Beer Wholesaler's Bid To Halt Breakup

    A Massachusetts beer and wine wholesaler has lost a legal challenge seeking to prevent its key supplier, Jack's Abby Brewing LLC, from breaking off their distribution deal under a new state law, according to a ruling made public Monday.

  • April 12, 2021

    Golf Travel Co. Says Broker Sold Fake Masters Passes

    An Arizona company that sells golf travel packages says a ticket broker committed fraud and cost it $1.5 million in refunds by selling fake passes to The Masters Tournament in Augusta, Georgia, for 2018 and 2019.

  • April 12, 2021

    Ex-NFLer Settles 'Dream Home' IP Case Before Trial

    After four years of contentious litigation, a former New England Patriots linebacker and the builder he said tried to violate his copyright on a "dream home" settled Monday just hours before a bench trial was set to kick off.

  • April 09, 2021

    PTAB Fee Bias Claim Finds Little Traction At Fed. Circ.

    A Federal Circuit panel on Friday seemed unlikely to rule that Patent Trial and Appeal Board judges are biased toward instituting patent challenges based on how they're compensated and how the agency is funded.

  • April 09, 2021

    2nd Circ. Says Insurer Owes For Inventory Sold Off In Ch. 11

    The Second Circuit on Friday upheld a ruling that apparel company Fabrique Innovations Inc. is entitled to $2 million in insurance payouts based on its loss of inventory stored in a warehouse owned by retailer Hancock Fabrics and sold during that company's Chapter 11 case.

  • April 09, 2021

    Pa. Inks $3M Deal With Ex-Fintech CEO Over Payday Loans

    The former head of since-dissolved lender Think Finance has reached a $3 million deal with the state of Pennsylvania to end claims that he helped the company get around limits on interest rates in order to dole out illegal payday loans.

  • April 09, 2021

    Texas Justices Say Drilling Activities Held $40M Lease

    The Texas Supreme Court ruled Friday that a mineral estate owner can't snatch back a lease that more than a dozen companies invested $40 million to develop based on new wells not being "spudded-in" frequently enough, because other activities satisfy the lease's continuous drilling provision.

  • April 09, 2021

    Texas Justices End Farmers Policy Renewal Fight

    The Supreme Court of Texas has ruled that Farmers Group Inc. did nothing wrong in replacing more comprehensive homeowners policies with narrower ones, reversing an intermediate appellate court's ruling in favor of the policyholders and sending the case back to the trial court for further proceedings. 

  • April 09, 2021

    Fed. Circ. Wishes L'Oreal Would Wind Down $66M IP Fight

    The Federal Circuit wants L'Oreal and hair care company Olaplex, who are on their fourth trip to the appellate court over a trade secret dispute, to consider coming to terms outside of the courtroom, it said Friday.

  • April 09, 2021

    NFL Moves To Sack Suit Over Super Bowl Livestream Crash

    The National Football League told a New York federal judge that it is not liable for claims from international fans whose livestreams crashed during the 2020 Super Bowl because they bought their subscriptions from third parties.

  • April 09, 2021

    Gibson Dunn, Recruiter Agree To Arbitrate Hiring Fees Dispute

    A California judge Friday sent to arbitration Lateral Link Group Inc.'s suit claiming Gibson Dunn & Crutcher LLP cheated it out of its recruiting commission for the hire of a lateral partner, after the legal recruiting company didn't oppose the law firm's motion.

  • April 09, 2021

    Ga. Investment Adviser Hit With Class Action Over Fees

    Georgia investment adviser PeachCap Tax & Advisory LLC has been hit with a proposed class action by a former client who says he and others are owed millions of dollars in fees the company improperly charged while collecting unlawful commissions through an affiliate broker-dealer.

  • April 09, 2021

    Morgan Lewis Sues Pierce Bainbridge For $436K Unpaid Rent

    Morgan Lewis & Bockius LLP has alleged in California state court that Pierce Bainbridge PC and its predecessor firm owe nearly a year's worth of rent for office space in a commercial building in downtown Los Angeles.

  • April 09, 2021

    Texas Justices Let Apache Arbitrate $15M Settlement Fight

    Apache Corp. can arbitrate a dispute over $15 million in attorney fees and settlement costs related to third-party lawsuits after an oil and gas asset sale, the Texas Supreme Court held Friday.

  • April 09, 2021

    Wolf Haldenstein Sues NY Landlord For Breach Of Contract

    Class action firm Wolf Haldenstein Adler Freeman & Herz LLP is suing its New York landlord over an alleged breach of contract, claiming that it has failed to make building renovations required under a lease agreement and that the firm has no obligation to pay base rent until those are near completion.

  • April 09, 2021

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

    The past week in London has seen Microsoft hit with an antitrust suit over software licenses, Britain's new high-speed rail service face another contract challenge and one of the first lawsuits related to a massive container ship that blocked the Suez Canal. Here, Law360 looks at these and other cases.

  • April 08, 2021

    U. Of San Diego COVID-19 Tuition Class Actions Consolidated

    A California federal judge consolidated three putative class actions from University of San Diego students demanding tuition refunds in light of COVID-19 campus closures, the latest in a growing list of similar consolidated breach of contract suits against universities.

Expert Analysis

  • Biden's Power To Change Oil And Gas Leasing Faces Limits

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    The Biden administration has signaled its intention to dramatically curtail federal oil and gas leasing, but it should first carefully consider the statutory, regulatory, constitutional and contractual limitations on its authority to do so, say attorneys at Jones Walker.

  • What Associates Should Consider Before Switching Practices

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    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • Mitigating Anti-Kickback Risks Of Health Tech Stock Warrants

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    While stock warrants are a practical way for the health technology industry to finance growth, companies should utilize statutory safe harbors to mitigate federal Anti-Kickback Statute compliance risks, which could arise from an improperly structured arrangement that encourages referral of business to a vendor, say Meenakshi Datta and Jon Zucker at Sidley.

  • Pitfalls For Out-Of-State Contractors In Texas Post-Disaster

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    In light of the extreme weather Texas saw in February, out-of-state construction contractors performing repairs in the state should understand certain post-disaster requirements, the process for recovering damages and litigation risks that can follow noncompliance, says Karalynn Cromeens at Cromeens Law Firm.

  • 4 Effective Ways To Prioritize Client Advocacy

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    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

  • Virtual Litigation May Unravel The Narcissistic Lawyer

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    The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

  • Rewriting Contracts For The Post-Pandemic Era

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    Attorneys at Eversheds Sutherland identify key contract provisions that have caused consternation, frustration and litigation during the COVID-19 pandemic and suggest possible alternative provisions for future contracts.

  • Protecting Construction Projects From China Sanctions Risks

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    Parties to international construction projects involving Chinese and non-Chinese participants should look to key contract provisions for relief if one party becomes adversely affected by U.S. sanctions against China, say William Godwin and Anton Ware at Arnold & Porter.

  • NY's New Status Quo For Mezzanine Foreclosures

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    Following a New York state court's recent decision in Shelbourne v. SR 677 Bway, it will be harder for borrowers to stop mezzanine foreclosure sales, and injunctive relief is effectively off the bargaining table, so both lenders and borrowers may need to alter their strategies, say Marc Hamroff and Danielle Marlow at Moritt Hock.

  • 2 Ways High Court Could Reshape Patent Assignor Estoppel

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    Whether or not the U.S. Supreme Court in Minerva Surgical v. Hologic repudiates a doctrine precluding patent assignors from attacking the validity of the patent rights they assigned in employment or other agreements, it should provide much-needed clarity on it, say David Fox and Christopher Kennerly at Paul Hastings.

  • ABA Remote Work Guide Raises Bar For Atty Tech Know-How

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    A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

  • Lateral Hire Conflict Screening Lessons From DLA Piper Case

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    While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

  • Using Online Arbitration Agreements To Mitigate BIPA Liability

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    Companies facing costly, and increasingly frequent, Illinois Biometric Information Privacy Act class actions should follow several drafting and presentation best practices to ensure courts will uphold binding online arbitration agreements — a powerful tool for forcing these suits out of court, says David Oberly at Blank Rome.

  • Oil And Gas Contract Drafting Lessons From Texas Ruling

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    The recent Texas Supreme Court opinion in BlueStone Natural Resources II v. Randle makes it clear that when drafting oil and gas leases, parties should explicitly state contract terms — and avoid creating contradictory terms through amendments or addenda, say Kenneth Held and Brent Hanson at Skadden.

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