Commercial Contracts

  • October 18, 2024

    Chancery Calls For Status Quo Order In Del Monte Loan Suit

    A Delaware vice chancellor has given the nod for a hold-the-status quo order sought by a collateral agent accusing Del Monte Foods Inc. officials of carrying out a corporate restructuring and "lien-stripping" said to have jeopardized lender claims under a $725 million term loan agreement.

  • October 18, 2024

    Cigna Says Florida Labs Owe $16M After 'Cheating' For Benefits

    Three Florida substance abuse laboratories wrongly filed $16 million in claims for medically unnecessary tests and doubled their scheme by failing to seek patient payments, Cigna attorneys told a federal jury on Friday.  The labs, however, accused the insurer of breaching policy agreements by failing to pay for services rendered.

  • October 18, 2024

    Vorys Slams 'Copycat' Firms Trying To Lead Antitrust Suit

    Vorys Sater Seymour and Pease LLP is opposing a bid from Hagens Berman Sobol Shapiro LLP and Bucher Law PLLC to take the lead in a proposed consumer class action against gaming giant Valve Corp., saying the firms just "piggybacked" off Vorys' work in an identical suit.

  • October 18, 2024

    Skiplagged Must Pay American Airlines $9.4M In IP Row

    American Airlines came out on top in a suit against airfare search engine Skiplagged Inc., with a jury finding that Skiplagged must cough up $9.4 million for infringing the airline's copyright. 

  • October 18, 2024

    Allianz, Santander End Shareholder Suit Coverage Fight

    Allianz has agreed to drop its request in Massachusetts federal court for a ruling that it is not obligated to cover Santander Holdings' defense in a now-settled 2022 shareholder lawsuit, a recent filing showed.

  • October 18, 2024

    Justices Told To Skip RFID Patent Row Over Standing

    A Texas company that saw its patent infringement suit revived against a tech company is asking the U.S. Supreme Court to reject its rival's petition to review that decision, saying there's "almost 100 years" of legal precedent backing its ownership of the radio frequency identification, or RFID, technology patent in the case.

  • October 18, 2024

    Pro Angler Awarded $3M For Injuries In Plane Crash

    A Florida federal jury has awarded a professional fisherman nearly $3 million for injuries he sustained after the plane he was flying in allegedly ran out of fuel and crash-landed on the water while en route to the Bahamas, finding the pilot and the charter company mostly responsible for the incident.

  • October 18, 2024

    Pa. University Students Want Final OK For $1.15M Tuition Deal

    Students at St. Joseph's University in Philadelphia asked a federal court Friday for final approval of a $1.15 million settlement over tuition for classes that shifted online at the beginning of the COVID-19 pandemic.

  • October 18, 2024

    Steptoe & Johnson Lands Clark Hill Employment Duo In Texas

    Steptoe & Johnson PLLC has grown its labor and employment offerings in Texas with the addition of two attorneys from Clark Hill PLC.

  • October 18, 2024

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

    This past week in London has seen Professor Cat Jarman, Earl Spencer's new girlfriend, sue his ex-wife, Bitcoin fraudster Craig Wright file a £911 billion ($1.18 trillion) claim against BTC Core, journalist Oliver Kamm hit novelist Ros Barber with a defamation claim, and a barrister at Cloisters face a claim from a former client. Here, Law360 looks at these and other new claims in the U.K.

  • October 17, 2024

    VLSI To Del. Judge: 'There Is Nothing Else To Disclose'

    VLSI Technology LLC has fully complied with its disclosure requirements for ownership and litigation funding, and Intel Corp.'s claims otherwise in patent licensing litigation don't hold up, VLSI told a Delaware federal judge.

  • October 17, 2024

    Atty's 'Groundhog Day' Motion Trims Ex-Girardi Client's Suit

    A California state judge on Thursday trimmed a family's $1.8 million malpractice lawsuit against an attorney that represented it in recovering millions lost in Girardi Keese's embezzlement scandal, calling a bid to nix one of the suit's claims a "Groundhog Day" motion because she already granted a similar one from the attorney's firm.

  • October 17, 2024

    No Fraud In $195M Natural Gas Feud, Court Hears

    A Portuguese electricity and gas provider that won a $195 million arbitral award against a Spanish natural gas company has opposed its discovery motion as it looks to vacate the award on fraud claims following their dispute over a liquefied natural gas swap transaction.

  • October 17, 2024

    Paramount Unlikely To Cut Extortion Claim Over Boxing Match

    A Los Angeles judge appeared skeptical Thursday of Paramount Global's bid to toss allegations that former CBS Corp. CEO Les Moonves hired a lawyer to extort an actor out of his finder's fee for the lucrative 2015 boxing match between Manny Pacquiao and Floyd Mayweather Jr.

  • October 17, 2024

    Engineer Wood PLC Faces Contempt Bid Amid Pipeline Spat

    A contractor facing claims that it mismanaged the construction of a $22 million Colonial Pipeline Co. fuel terminal in Georgia asked a federal judge Thursday to hold multinational engineering firm John L. Wood PLC in contempt of court for playing "word games" with a recent subpoena.

  • October 17, 2024

    Lender Says Denver Property Owner Defaulted On $27M Loan

    A lender told a Colorado state court that it wants a Denver retail property to be placed in receivership after the owner allegedly defaulted on a $27.1 million commercial mortgage loan this month.

  • October 17, 2024

    Neobank Execs Want Out Of Cannabis Co.'s $127K Suit

    The former directors of a defunct, cannabis industry-focused neobank are looking to kill a lawsuit brought against them by Killa Bees Distribution LLC, a CBD company which claims in Oregon federal court that executives should be held liable for the nontraditional financial institution's failure to produce nearly $127,000 in deposits.

  • October 17, 2024

    Ex-CEO Of Credit Union Blames Accounting Firm For Firing

    The dismissed chief executive officer of a Connecticut credit union is suing the financial institution and Whittlesey PC, its accounting firm, claiming he was fired after following advice from the largest CPA group in the state on when to calendar a $1.2 million gain connected to a property sale.

  • October 17, 2024

    Monsanto Leveraged Judge Shuffle In Enviro Suit, Court Told

    A former customer of Bayer AG unit Monsanto urged a New Jersey appeals panel on Thursday to revive its suit seeking to avoid covering the agrochemical giant for environmental enforcement claims, arguing that the company took advantage of a change in jurists presiding over the case.

  • October 17, 2024

    Wash. Library Says Insurers Undervalued $4.8M Damage

    A Washington island library district blamed its insurers for undervaluing damages caused by frozen sprinkler pipes that burst during a snowstorm by more than $2.9 million in a case removed to Washington federal court.

  • October 17, 2024

    Texans Say Rapper Is Tripping With Suit Over 'Still Tippin'

    The Houston Texans are asking a Texas federal judge to toss a suit lodged by a rapper who claims the NFL team stole his song, "Still Tippin," characterizing his claims as "frivolous" and "not viable."

  • October 17, 2024

    Jury Says Phillips 66 Owes $605M In Fuel Trade Secrets Fight

    A jury in California state court said Wednesday a retailer of low-carbon fuels is owed $604.9 million after finding that Phillips 66 swiped trade secrets relating to data, such as sales information and pricing methods.

  • October 17, 2024

    FCA Blames Supplier For Defective Parts Leading To Recalls

    FCA US LLC is suing one of its parts suppliers in Michigan federal court, alleging that it sold the automaker air heater grid relays for its Ram pickup trucks with a defect that can cause fires even when the vehicles are turned off and caused multiple recalls.

  • October 17, 2024

    Restaurant Says Toast Refusing To Update Bank Info

    A Boston restaurant says it's struggling to stay afloat because point-of-sale provider Toast Inc. won't update its banking information and is sitting on more than $200,000 in revenue, according to a lawsuit filed Thursday in Massachusetts state court.

  • October 17, 2024

    Fla. Supreme Court Suspends Atty Over 'Punitive' Fee Hike

    A Florida attorney has been suspended from practicing law for a year after he lashed out at a client by sending a new bill for $126,650 — a figure derived by retroactively jacking up his rates more than fourfold for a year of legal work, the state Supreme Court ruled Thursday.

Expert Analysis

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Loper Fuels Debate Over Merchant Cash Advances As Credit

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    The U.S. Supreme Court's recent rejection of the Chevron doctrine in Loper Bright may escalate a Florida federal court dispute between the Revenue Based Finance Coalition and the Consumer Financial Protection Bureau over whether merchant cash advances should be considered credit under the Dodd-Frank Act, say attorneys at Sheppard Mullin.

  • Nuclear Power Can Help Industrial Plants Get To Net-Zero

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    In the race to fight climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges — but the integration of nuclear energy is a promising solution, so companies should consider the financial and regulatory issues, opportunities, and risk-mitigating factors, say attorneys at Morgan Lewis.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • A Look At The Regulatory Scrutiny Facing Liquid Restaking

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    Recent U.S. Securities and Exchange Commission enforcement actions highlight the regulatory challenges facing emerging financial instruments like liquid restaking tokens and services, say Daniel Davis and Alexander Kim at Katten.

  • 3 Notes For Arbitration Agreements After Calif. Ruling

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    After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • How Justices' E-Rate Decision May Affect Scope Of FCA

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    The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • Addressing The Growing Hazards Of Mass Arbitration

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    Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.

  • Opinion

    Prejudgment Interest Is A Game-Changer In Ill. Civil Suits

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    Civil litigation can leave plaintiffs financially strained and desperate for any recovery, especially when defendants use delaying tactics — but the Illinois Legislature's move to allow prejudgment interest has helped bring litigants to the table earlier to resolve disputes, minimizing court expenses and benefiting all parties, says Benjamin Crane at Coplan + Crane.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • 2nd Circ. Ruling May Limit Discovery In Int'l Arbitration

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    The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.

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