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Commercial Contracts
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July 02, 2025
Amazon Judge Presses FTC On Bid For 'Bad Faith' Finding
As the Federal Trade Commission insisted Wednesday that Amazon should be punished with a bad faith finding for mislabeling documents as privileged in a case over the company's Prime subscription practices, a Washington federal judge questioned why the agency wasn't "made whole" when the court granted its sanctions bid.
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July 02, 2025
2nd Circ. Reinstates FIFA Bribery Convictions
The Second Circuit on Wednesday reinstated two conspiracy convictions linked to the FIFA bribery scandal, saying a former 21st Century Fox executive and a company that brokers media rights for major tournaments weren't absolved by new U.S. Supreme Court rulings.
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July 02, 2025
Ex-Director Claims Seminary Made False Diversity Promises
A Pittsburgh Presbyterian seminary promised to fight discrimination and promote diversity, but the promise was hollow, according to a former interim director who claims her bosses ignored her complaints about discrimination and responded to litigation by insisting the seminary fell under a "ministerial exemption" to antidiscrimination laws.
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July 02, 2025
Ex-Employees Of NJ Medical Co. Must Face Trade Secrets Suit
A New Jersey federal judge let a medical communications agency pursue contract and trade secret claims against three former employees it accused of launching a rival firm while still on the payroll, but dismissed all claims against PharmaEssentia and its former executive.
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July 02, 2025
Demolition Contractor Sues Over Alleged Project Lockout
A contractor dismantling a former coal-fired power plant in western Pennsylvania is seeking a court order preventing its replacement from removing scrap material and equipment during a dispute with the developer who wants to turn the site into a data center.
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July 02, 2025
SpaceX Investor Wins $1 After Suing Over $50M Deal Scratch
A China-tied company that sued a California-based private equity firm for walking back a purported agreement to make a $50 million investment in SpaceX in November 2021 has won a single dollar in damages after a three-year, multiclaim Delaware Court of Chancery suit and trial.
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July 02, 2025
Investor Says Houston Apt. Owner Diverted $17M In Proceeds
An investor controlled by bridge lender KHCA Funding LLC has filed suit against the owner and operator entities of a multifamily building in Houston, alleging that $17.6 million in investment proceeds it was due were improperly diverted elsewhere by the company.
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July 02, 2025
6th Circ. Backs Cigna's Win In Emergency Room Billing Suit
The Sixth Circuit has ruled that Cigna did not have to face an unjust enrichment lawsuit brought against it by two Tennessee hospitals alleging the insurer underpaid them for out-of-network emergency services, backing a lower court's dismissal order.
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July 02, 2025
The Funniest Moments Of The Supreme Court's Term
After justices and oral advocates spent much of an argument pummeling a lower court's writing talents, one attorney suggested it might be time to move on — only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.
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July 01, 2025
Columbia Inks $9M Deal To End Students' Ranking Stats Suit
Columbia University students have asked a New York federal judge to greenlight a $9 million settlement resolving class claims that the institution gave inaccurate data to U.S. News & World Report, artificially inflating its "Best National Universities" ranking and enabling the school to charge higher tuition.
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July 01, 2025
Valve Can't Sue Firms Over Alleged Gamer Arbitration Scheme
Valve Corp. cannot sue two law firms over a purported scheme to manipulate arbitration pacts between the video game seller and its customers, a Washington state appellate court has ruled, recognizing that the firms are shielded from liability because their actions were part of their work representing the consumers.
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July 01, 2025
4th Circ. Urged To Rethink Decision Affirming $8M KBR Award
A Kuwaiti construction company wants the Fourth Circuit to reconsider whether it missed a deadline to seek vacatur of an $8 million arbitral award favoring Kellogg Brown & Root International Inc. in a dispute over a U.S. Army contract, arguing Monday that its decision creates an "unworkable" rule.
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July 01, 2025
The Sharpest Dissents From The Supreme Court Term
The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.
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July 01, 2025
Defamation Litigation Roundup: Newsom, Lively, MyPillow
In this month's defamation litigation roundup, Law360 looks back on a decision in the high-profile fight between Blake Lively and Justin Baldoni, as well as at a jury verdict in a voting machine company executive's case against MyPillow's CEO.
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July 01, 2025
Calif. Panel Backs Warner Bros.' Win In Writer's Film Theft Suit
A California appeals court refused to revive a writer's lawsuit alleging Warner Bros.' film "Life of the Party" was a "cinematic clone" of her concept about a mother going to college with her daughter, ruling Monday the evidence shows the film was independently created without knowledge of the plaintiff's ideas.
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July 01, 2025
Justices Face Busy Summer After Nixing Universal Injunctions
The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.
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July 01, 2025
Judge Tosses Teva Suit Over Generic Drug Patent Deal
An Indiana federal judge has thrown out a lawsuit brought by generic-drug maker Teva Pharmaceuticals USA Inc. alleging Eli Lilly and Co. breached a settlement agreement over the osteoporosis drug Forteo, saying Eli Lilly's promise to waive exclusivity for Teva ended when its patents for the drug expired.
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July 01, 2025
$70M Verdict Boosts TriZetto's Trade Secrets Award To $370M
A New York federal jury has concluded that the TriZetto Group, a healthcare software company, is entitled to nearly $70 million in compensatory damages due to Syntel Inc.'s copyright infringement and trade secret theft, bringing the total award for TriZetto to $370 million following a damages retrial.
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July 01, 2025
Unvaccinated Ex-Staffer Can Pursue Leaked Health Info Claims
A Missouri appeals court on Tuesday revived a former hospital staffer's claims that her former employer failed to protect her medical records while she was a patient, leading to her coworkers finding out she was unvaccinated against the COVID-19 virus and them harassing her until she resigned.
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July 01, 2025
South African Investors Say Ga. Atty Kept Escrowed Funds
Four companies whose members are South African real estate investors have accused a now-disbarred Georgia attorney and his law firm in Georgia federal court of refusing to return funds he agreed to receive, hold and disburse on their behalf.
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June 30, 2025
Argentina Must Turn Over YPF Stake, NY Judge Says
Argentina must give up its 51% equity stake in the nationalized oil company YPF SA to partially pay off a $16.1 billion judgment in a pair of investor lawsuits, a New York federal judge ruled Monday, rejecting the country's argument that sovereign immunity shields the shares from turnover.
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June 30, 2025
UMG Says Drake Insults Are Just Trash Talk, Not Defamation
Universal Music Group on Monday urged a New York federal judge to dismiss a defamation suit from hip-hop star Drake against the record label over the hit dis track "Not Like Us" by his rival Kendrick Lamar, casting Lamar's lyrics as opinion and hyperbole.
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June 30, 2025
Allergan Botox Patent Fight Headed To July Trial In Del.
Allergan's lawsuit accusing two biotechnology companies of infringing patents related to Botox products is headed to trial in July after a Delaware federal judge rejected the parties' summary judgment arguments Monday.
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June 30, 2025
Trump And Paramount In 'Advanced' Talks To Settle $20B Suit
President Donald Trump and CBS News' parent Paramount Global asked a Texas federal court on Monday to pause Trump's $20 billion lawsuit accusing the news company of deceptively doctoring a "60 Minutes" interview with former Vice President Kamala Harris, saying the parties are engaged in "advanced" settlement talks.
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June 30, 2025
Genentech Says Biogen Owes $122M Royalties As Trial Opens
Genentech Inc. told a California federal jury Monday that Biogen MA Inc. owes $122 million in royalties for supplies of Biogen's multiple sclerosis drug that it manufactured before Genentech's patent expired in December 2018, while Biogen said the companies' licensing agreement doesn't require royalties for drugs sold after the patent expired.
Expert Analysis
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Independent Contractor Rule Up In The Air Under New DOL
In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.
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Key Questions When Mediating Environmental Disputes
As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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Reviving A Dormant Criminal Statute In Antitrust Prosecution
The U.S. Department of Justice is poised to revive a dormant misdemeanor statute to resolve bid-rigging charges against a foreign national, providing important context to a recent effort to entice foreign defendants to take responsibility for pending charges or face the risk of extradition, say attorneys at Axinn.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Decoding Arbitral Disputes: Precision In Jurisdiction Clauses
The High Court recently held that a contract requiring disputes to be heard by U.K. courts superseded arbitration agreements between long-time business affiliates, reinforcing the importance of drafting precise jurisdiction clauses that international commercial parties in multiagreement relationships will use to resolve prior disputes, says Josep Galvez at 4-5 Gray's Inn.