Commercial Contracts

  • April 17, 2025

    Robocall Arb. Denied Despite Alleged Recording Of Consent

    A federal judge declined to force a Tennessee man into arbitration in his suit accusing a health insurance brokerage of making illegal robocalls, ruling that the plaintiff had created enough doubt to get to trial.

  • April 17, 2025

    K&L Gates Bungled Crypto Co.'s Bankruptcy Claim, Suit Says

    Gryphon Digital Mining has sued its former counsel K&L Gates LLP, claiming it dropped the ball on a bankruptcy filing that cost the company millions of dollars and complicated another legal case, all while allegedly overbilling the crypto mining firm by $1 million for related matters.

  • April 17, 2025

    Minn. Co. Sues Shippers Over Veggies Left Sitting At Ga. Port

    A Minnesota company told a Georgia federal judge three ARL Network companies have failed to haul 20 containers of frozen vegetables from the Port of Savannah as promised, leaving it on the hook for growing fees that now exceed $1 million.

  • April 17, 2025

    Ibotta Misrepresented Kroger Deal, Shareholder Suit Alleges

    Digital consumer discount company Ibotta Inc. was hit with a proposed shareholder class action claiming its registration statement for its April 2024 initial public offering omitted information regarding the nature of its relationship with grocery retailer The Kroger Co., prompting stocks to plummet when investors learned the relationship had ended.

  • April 17, 2025

    Chancery Fast-Tracks Suits Targeting Reinsurance Offshoring

    A trio of Oxford Risk Management Group LLC reinsurance customers this week won fast-tracking of three Court of Chancery suits that raised multiple claims, including for treble damages, after ORMG declared that it had unilaterally transferred some of its U.S. accounts and exposures to an allegedly steeply undercapitalized, captive Bermuda reinsurer.

  • April 17, 2025

    Music Rights Orgs. Trade Barbs In Copyright Office Inquiry

    The organizations responsible for getting musical artists their royalty payments sparred with each other in comments to the U.S. Copyright Office, with one legacy organization accusing newer entrants of insufficient transparency, and one of those competitors in turn alleging "anticompetitive practices" by the established players.

  • April 17, 2025

    Copyright Office Opines On Harper Lee 7th Circ. Appeal

    The U.S. Copyright Office is lending its opinion in a dispute over who has the rights to authorize stage adaptions of Harper Lee's iconic book "To Kill A Mockingbird," saying in an amicus brief to the Seventh Circuit that the company that once had the rights for the play cannot prevent others from creating new adaptions after the late author terminated those rights.

  • April 17, 2025

    NC Hospital Operator Can't Escape AG's Merger Suit Yet

    A North Carolina Business Court judge rejected HCA Healthcare's bid for a partial win in state Attorney General Jeff Jackson's compliance suit reviewing the company's 2019 purchase of another hospital system, ruling that the purchase agreement's language is too ambiguous to decide the matter without further discovery.

  • April 17, 2025

    Wyoming Biz Accuses Pa. Entities Of $3.9M Explosives Fraud

    A Wyoming-based defense contractor on Thursday accused a Pennsylvania company and its owner of pocketing $3.9 million and never delivering explosives bought to aid Ukrainian and Israeli forces, and using the money to pay for helicopters, luxury watches and a posh overseas wedding.

  • April 17, 2025

    Chevron Owes $24M For Years Of Work, Venezuelan Co. Says

    A Venezuelan oil company accused Chevron of taking advantage of its family-owned business by pressuring it into performing years of work without paying $24 million in invoices.

  • April 17, 2025

    'Latter-Day Machiavelli' Defamed Calif. Law Firm, Court Told

    California employment law firm Lawyers for Justice PC has filed a suit in state court accusing one of its former clients of defamation in what the firm calls "a scorched-earth crusade against her former attorneys."

  • April 17, 2025

    Yale Health System Faces Class Claims Over Data Breach

    Connecticut's largest healthcare system failed to properly secure patients' personal information ahead of a data breach in March that may have affected millions of people, according to three proposed class actions.

  • April 17, 2025

    Moderna Says New Drug Plant Riddled With Defects, Mold

    Life sciences company Moderna is suing a Massachusetts construction firm over multiple alleged defects in a recently built production facility for one of its experimental cancer drugs, including leaks that led to mold growth so "extensive and pervasive" the entire roof has to be replaced.

  • April 17, 2025

    Petersen Health Gets Initial OK To Take Votes On Ch. 11 Plan

    A Delaware bankruptcy judge on Thursday provisionally approved skilled nursing facility operator Petersen Health Care's bid to send its Chapter 11 liquidation plan out to creditors for voting, months after the company sold off most of its assets.

  • April 17, 2025

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

    The past week in London has seen the producers of West End show "Elf the Musical" face a contract dispute, Korean biotech company ToolGen Inc. bring a fresh patents claim against pharma giant Vertex, and ousted car tycoon Peter Waddell bring a claim against the private equity firm that backed his business. Here, Law360 looks at these and other new claims in the U.K.

  • April 16, 2025

    Fla. Court Urged To Deny Panama's Bid To Enforce $5M Award

    A Miami businessman and his company urged a Florida federal court to deny Panama's bid to enforce a $4.8 million arbitral award over construction agreements, saying the court hasn't heard the whole story on the money he says he's owed and how a post-award settlement was breached by government officials.

  • April 16, 2025

    Leprino Foods Granted Win In Whey Protein Dispute

    A Connecticut federal district court granted cheese giant Leprino Foods a summary judgment win Wednesday over a nutritional supplement company in a suit over a whey protein deal, holding that an alleged "implied in fact" supply agreement is unenforceable.

  • April 16, 2025

    3rd Circ. Punts Mining Co. Document Fight To Ch. 11 Judge

    The Third Circuit vacated a Delaware bankruptcy judge's order to unseal records a successor of Essar Steel's U.S. unit is seeking to bolster its antitrust claims against Cleveland-Cliffs, ruling Wednesday that the Chapter 11 judge used the wrong standard.

  • April 16, 2025

    AT&T Gets $450M 'Twinning' Patent Suit Tossed Again

    A New York federal judge has held that it is only fitting that she rule twice on a motion to dismiss a $450 million patent lawsuit against AT&T over so-called twinning phone technology, deciding yet again that the patent is not inventive enough to be worth anything.

  • April 16, 2025

    Mont. Tribes Want DOI To Come Through With Police Funding

    Two Montana tribes have told a federal judge in the state that the U.S. Department of the Interior has frozen their law enforcement budget at what it was 28 years ago and that now the government owes the tribes millions of dollars.

  • April 16, 2025

    Texas Oil Cos. Seek Pass-Through Pollution Claims Coverage

    Oil and gas companies told a Texas federal court on Wednesday that their insurer must pay to defend them against pass-through claims in connection with underlying pollution lawsuits thanks to a purchase and sale agreement they entered into with another company.

  • April 16, 2025

    Ex-Twitter Worker Can't Add Claims To Age Bias Suit

    A former Twitter employee leading a conditionally certified collective action on behalf of his fellow workers aged 50 and older who were fired after Elon Musk took over the company cannot amend the complaint to add new claims, a California federal judge ruled Tuesday.

  • April 16, 2025

    Auto Supply Chain Tariffs Chart Tricky Compliance Landscape

    The compliance landmines created by the Trump administration's sweeping new tariffs have sparked a scramble among the automotive supply chain to renegotiate contracts and stockpile inventory to blunt the financial impacts in the short term, but long-term strategies are still being ironed out, experts say.

  • April 16, 2025

    Cannabis Co. Drops Back Taxes Case Against 2 Payroll Firms

    A Washington cannabis company has dropped claims against a pair of payroll services providers accused of leaving the cannabis company with a $172,500 tax bill after failing to pay the Internal Revenue Service on its behalf.

  • April 16, 2025

    9th Circ. Won't Revive Ex-Beach Boy Guitarist's Royalty Fight

    The Ninth Circuit refused to reinstate a former Beach Boys guitarist's suit that sought to revoke his royalty agreements with Universal Music Group since they were based on physical record sales and didn't contemplate the evolution of digital streaming, ruling Wednesday the contracts only paid for physical record sale royalties.

Expert Analysis

  • Opinion

    FTC's Report Criticizing Drug Middlemen Is Flawed

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    The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Del. Dispatch: Cautionary Tales Of 2 Earnout Effort Breaches

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    The Delaware Court of Chancery's tendency to interpret earnout provisions precisely as written, highlighted in two September rulings that found buyers breached their shareholder obligations when they failed to make reasonable efforts to hit certain product development milestones, demonstrates the paramount importance of precisely wording these agreements, say attorneys at Fried Frank.

  • Managing Sanctions Defense Across Multiple Jurisdictions

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    Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.

  • How Cos. Can Protect Supply Chains During The Port Strike

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    With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out

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    Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Kubient Case Shows SEC's Willingness To Charge Directors

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    The U.S. Securities and Exchange Commission's recent fraud charges against Kubient's former CEO, chief financial officer and audit committee chair signal a willingness to be more aggressive against officers and directors, underscoring the need for companies to ensure that they have appropriate channels to gather, investigate and document employee concerns, say attorneys at Jenner & Block.

  • 3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim

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    The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Boeing Ruling Is A Cautionary Tale For Trade Secret Litigants

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    A Washington federal court’s recent ruling canceling a $72 million jury award against Boeing because Zunum Aero had failed to properly identify its trade secrets highlights the value of an early statement of alleged secrets, amended through discovery and used as a framework at trial, says Matthew D'Amore at Cornell.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Google And The Next Frontier Of Divestiture Antitrust Remedy

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    The possibility of a large-scale divestiture in the Google search case comes on the heels of recent requests of business breakups as remedies for anticompetitive conduct, and companies should prepare for the likelihood that courts may impose divestiture remedies in the event of a liability finding, say Lauren Weinstein and Nathaniel Rubin at MoloLamken.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

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