Commercial Contracts

  • April 19, 2024

    Up Next At High Court: Abortions & Presidential Immunity

    The U.S. Supreme Court will return Monday for the term's final week of oral arguments, during which it will consider several high-stakes disputes, including whether a federal healthcare law can preempt state abortion bans and whether former President Donald Trump is entitled to immunity from criminal charges related to official acts.

  • April 19, 2024

    Student Housing Co. Founder Claims She Was Pushed Out

    A co-founder of a global company formed to provide booking for student housing sued her former colleague in Delaware's Court of Chancery on Friday, alleging a scheme by insiders to push her out of the business and then line up a sale to avoid a judgment after the move's reversal.

  • April 19, 2024

    Madonna Sued, This Time In D.C., Over Late Concert Start

    Madonna is facing another proposed class action alleging the pop star kept fans waiting hours for her concert to begin, this time from show attendees in Washington, D.C., who claim that Madonna and Live Nation are "a consumer's worst nightmare."

  • April 19, 2024

    Candy Crush Developer Gets Sweet Win In Fraud Suit

    A Virginia woman has been ordered to arbitrate her proposed class action accusing the Maltese developer of Candy Crush, the popular smartphone puzzle game, of fraudulently inducing her to drop more than $3,000 on a tournament by misrepresenting her chances of winning thousands of dollars and a trip to London.

  • April 19, 2024

    Fla. Solar Panel CEO Can Be Sued In Mich., Judge Says

    A Michigan federal judge ruled Thursday that a Florida resident and former CEO of a solar panel company must face racketeering claims in Michigan alongside the company for allegedly scamming customers because he used to own property in the state and lived there during the alleged scheme.

  • April 19, 2024

    Del. Justices Revive Margolis Edelstein Malpractice Suit

    Delaware's Supreme Court has reversed a lower-court decision that let Margolis Edelstein off the hook on claims that its incompetence caused GMG Insurance Agency to have to settle a case for $1.2 million, saying more consideration is needed to determine whether the firm was negligent.

  • April 19, 2024

    Lawyer Too Late To Collect Fees From Aretha Franklin Estate

    Michigan appellate judges have upheld the denial of a bid for attorney fees for a lawyer who complained he was not properly paid for work he did for Aretha Franklin, with judges determining the claims were time-barred.

  • April 19, 2024

    Sills Cummis Aims To Sink Atty Depo In Rock Musician Suit

    Sills Cummis & Gross PC fought back against a move to force the deposition of one of its partners in a malpractice suit this week, arguing the plaintiff, the former manager of musician Nile Rodgers, has "manufactured" the dispute by refusing to hold up his end of a deal to be deposed first.

  • April 19, 2024

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

    This past week in London has seen U.K. holiday resort chain Butlins target Aviva and a huddle of insurers, Meta and WhatsApp tackle a patents claim by telecommunications company Semitel, an ongoing construction dispute between Essex County Council and Balfour Beatty, and Formycon AG hit a pharmaceutical company for infringing medical products. Here, Law360 looks at these and other new claims in the U.K.

  • April 18, 2024

    Citi Can Arbitrate Anti-Armenian Bias Suit, Judge Rules

    Citibank has won its bid to arbitrate proposed class claims that it discriminated against customers with Armenian surnames, as a Los Angeles federal judge found Wednesday that the plaintiff agreed to arbitrate allegations like these when she became a party to her Citibank card agreement.

  • April 18, 2024

    Lebanese Bank To Face Victims' Hezbollah Terrorism Suit

    New York's highest court ruled Thursday that an entity that acquires another entity's liabilities and assets inherits its status for purposes of personal jurisdiction even if there is no merger, greenlighting litigation targeting a Lebanese bank over its predecessor's alleged assistance to Hezbollah.

  • April 18, 2024

    Mich. High Court Takes Up Insurer Garnishment Dispute

    The Michigan Supreme Court agreed Thursday to consider whether an insurer's supposed bad faith refusal to settle a claim can be litigated in a garnishment action in The Burlington Insurance Co.'s appeal of an injured worker's attempt to collect the unsatisfied portion of a $13.7 million judgment.

  • April 18, 2024

    $100M Arbitration Award Restored In Colo. Dispensary Fight

    A Colorado appellate panel on Thursday largely reinstated a roughly $100 million arbitration award in a dispute between former business partners in the cannabis dispensary chain Native Roots, finding no basis to conclude the arbitrator was biased.

  • April 18, 2024

    AGs, Google Defend $700M Play Store Deal Ripped By Judge

    A group of state attorneys general and Google defended the proposed $700 million settlement both sides brokered in the states' antitrust suit against the company in December, telling a San Francisco federal judge that the deal is consistent with Ninth Circuit precedent and releases only a limited set of claims against Google for a seven-year period.

  • April 18, 2024

    T-Mobile, Others Rip 'Hodgepodge' Forced Store Closings Suit

    T-Mobile says it doesn't belong in a suit accusing it and another company of misleading store owners by promising it would open hundreds of new stores in the wake of its $26 billion merger with Sprint in 2020 only to turn around and shut the plaintiffs down.

  • April 18, 2024

    Elevance Units Not Fiduciaries Of Union Plans, Court Told

    A lawsuit that two union healthcare funds brought against Elevance Health Inc. and several subsidiaries should be dismissed because it does not plausibly allege that fund money was overspent on medical care and administrative fees, and the defendants did not have fiduciary responsibilities, attorneys told a Connecticut federal judge on Thursday.

  • April 18, 2024

    Investors In Failed Manila Casino Deal Sue For SPAC Shares

    Shareholders in a blank-check company that failed to take a Philippines casino public have intervened in two Delaware Chancery Court lawsuits to recoup their failed investments, with one seeking to litigate damages from the busted $2.6 billion deal and the other pushing for the company's liquidation.

  • April 18, 2024

    Kimmel Atty Defends Airing 'Patently Ridiculous' Santos Clips

    A lawyer for Jimmy Kimmel told a Manhattan federal judge Thursday that the fair use doctrine of U.S. copyright law allows the late-night host to air silly videos that he tricked indicted former congressman George Santos into making on the personalized messaging platform Cameo.  

  • April 18, 2024

    No Redo For Insurers In COVID-19 Coverage Row, Tribe Says

    The Ninth Circuit should stand by its decision ordering an AIG unit and other insurers to litigate the Suquamish Tribe's COVID-19 business interruption claims in tribal court, the tribe told the appeals court, saying the insurers' request for a do-over distorts the panel's decision and controlling law.

  • April 18, 2024

    9th Circ. Affirms Rosette's Win In Tribe Representation Fight

    The Ninth Circuit has backed a federal district court ruling that found Rosette LLP is not responsible for using allegedly false advertising to induce the Quechan Tribe to drop Williams & Cochrane LLP as counsel on the verge of closing a lucrative gambling contract.

  • April 18, 2024

    Red Roof Franchise Co. Settles IP Fight With Motel Operator

    Red Roof Inn's Ohio-based location franchising company and the Toledo motel operator it accused of still using the hospitality chain's branding almost two years after its franchise agreement was terminated have agreed to settle the intellectual property dispute between them, according to a new joint notice.

  • April 17, 2024

    7th Circ. Affirms Toss Of Indy TV Network's Bias Claims

    The Seventh Circuit upheld the lower court's toss of a Black-owned broadcasting company's racial discrimination claims against DirecTV and Dish Network, agreeing that the underlying retransmission negotiation dispute was a matter of bargaining power, not bias.

  • April 17, 2024

    Ga. Jury Finds Supplier At Fault For Botched Herbicide Job

    An Atlanta federal jury on Wednesday found a company hired to thin out woods on a rural Georgia property and a subcontractor brought in to spray the property with herbicide were responsible for wrecking a developer's plans for turning the location into a quail hunting retreat. 

  • April 17, 2024

    Wash. Winemaker Wants Insurers To Cover $30M Spoiled Wine

    A Washington state winemaker has launched a lawsuit against certain Lloyd's of London underwriters in state court, seeking coverage under a pair of insurance policies for more than $30 million worth of cabernet sauvignon that became too acidic to sell while being stored by another wine producer prior to bottling.

  • April 17, 2024

    Flagstar Bank Beats Overdraft 'Fee Maximization' Suit

    A Michigan federal judge has shut down a proposed consumer class action that accused Flagstar Bank of unlawfully charging millions of dollars in surprise overdraft fees, ruling that the bank had provided clarifying disclosures that left no more room for surprise.

Expert Analysis

  • How Biotech Cos. Can Utilize Synthetic Royalty Financing

    Author Photo

    Synthetic royalty transactions have been on the rise as a funding structure for biotechnology companies, but questions have arisen surrounding how such transactions work, and structuring them correctly requires a nuanced understanding, say Todd Trattner and Ryan Murr at Gibson Dunn.

  • Key Maritime Law Issues In 2024: Election-Year Unknowns

    Author Photo

    In the final installment of this three-part article reviewing the top challenges for the maritime industry this year, Sean Pribyl at Holland & Knight examines how the uncertainty surrounding the forthcoming U.S. election may affect the maritime sector — especially companies involved in offshore wind and deep-sea mining.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

    Author Photo

    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Key Maritime Law Issues In 2024: Environmental Challenges

    Author Photo

    In the second installment of this three-part article examining key concerns for the maritime sector this year, Sean Pribyl at Holland & Knight considers how the industry will be affected by environmental concerns — including the growing push for decarbonization, and regulatory scrutiny around greenwashing and ESG issues.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

    Author Photo

    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • How Biotech Deals May Help Competition, Despite FTC View

    Author Photo

    The Federal Trade Commission's complaint against Sanofi's proposed partnership with Maze Therapeutics highlights increasing skepticism of so-called killer acquisitions, but a closer look reveals potentially legitimate reasons behind why entities might decide to delay or abandon the development of acquired products, say consultants at Analysis Group.

  • Key Maritime Law Issues In 2024: Geopolitics And Sanctions

    Author Photo

    Major challenges are on the horizon for the U.S. maritime sector in 2024, including geopolitical tensions in the Red Sea and ever-evolving sanctions targeting Iran and Russia — which may lead to higher shipping costs and greater compliance burdens for stakeholders, says Sean Pribyl at Holland & Knight.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

    Author Photo

    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

    Author Photo

    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Black-Led VC Fund Case Could Hinge On Nature Of Grants

    Author Photo

    Organizations whose missions involve any manner of race-conscious funding should closely monitor arguments this week in American Alliance v. Fearless Fund, a case filed against a grant program that seeks to address the gap in venture capital funding for Black women-led businesses, which will examine whether grants are charitable under Civil Rights Act Section 1981 liability, say Kali Schellenberg and John Stapleton at LeVan Stapleton, and Kenneth Trujillo at Chamberlain Hrdlicka.

  • Unraveling The Bundled Benefits Of Retail Memberships

    Author Photo

    The recent prevalence of paid retail memberships and the associated findings of a consumer survey suggest that assessing consumer preferences and welfare may be important when considering resolution mechanisms in antitrust contexts, say Rosa M. Abrantes-Metz at Berkeley Research Group, Mame Maloney at The Brattle Group and Jeff Brazell at the University of Utah.

  • Ill. Insurance Ruling Helps Developers, Community Orgs. Alike

    Author Photo

    The Illinois Supreme Court's decision in Acuity v. M/I Homes of Chicago, holding that commercial general liability policy exceptions did not prevent coverage for damage caused by faulty workmanship, will bring more potential insurance coverage for real estate developers and, in turn, larger payouts when community organizations sue them, say Howard Dakoff and Suzanne Karbarz Rovner at Levenfeld Pearlstein.

  • Employee Experience Strategy Can Boost Law Firm Success

    Author Photo

    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

    Author Photo

    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • OCC Guidance May Lead Off 'Buy Now, Pay Later' Regulations

    Author Photo

    The Office of the Comptroller of the Currency's bulletin released last month to assist national and federal savings banks with managing the risks posed by "buy now, pay later" lending may be the start of increased state legislation or guidance specifically aimed at regulating such loans, say Susan Seaman and Jacob Huston at Husch Blackwell.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Commercial Contracts archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!