Commercial Contracts

  • April 08, 2025

    Amec Unit Can't Escape 'Vexatious' Biofuel Plant Suit

    A Georgia federal judge has refused to release energy construction giant Amec Foster Wheeler from claims that it performed subpar work on two Peach State biofuel plants and cost its operator $250 million, ruling Monday that a prior effort to force the contractor into arbitration doesn't count as a duplicative action.

  • April 08, 2025

    Fla. Cloud Co. Accuses Ex-Board Member Of SPAC Fraud

    A Florida cloud storage business has accused a former board member of securities fraud in federal court, alleging that a side agreement splitting a finder's fee with an unregistered broker he introduced for a merger deal wasn't disclosed, and now the company faces shutdown if an asset sale isn't halted.

  • April 08, 2025

    Tribal Leaders Not Immune From Extortion Law, Justices Told

    The government is urging the U.S. Supreme Court to reject claims by the former head of a Native American tribe who says the federal law against extortion does not apply to him or other tribal leaders.

  • April 08, 2025

    McCarter & English Fights DQ Bid In NJ Food Biz Quarrel

    McCarter & English LLP pushed back on a disqualification bid from a New Jersey food industry executive in federal court this week, arguing that the plaintiff is attempting to "fabricate" a previous attorney-client relationship to demand disqualification.

  • April 08, 2025

    Former Prada GC Fashions Move To Fisher Phillips In NY

    Fisher Phillips has hired the legal function leader of Prada Group as a New York office partner to expand the firm's retail industry offerings.

  • April 08, 2025

    Freight Co. XPO Sues Ex-Executive Who Left For Nearby Rival

    Less-than-truckload transportation company XPO Inc. has accused a former local account executive of breaking a noncompete agreement after he left his job at its Cincinnati service center to work at a competitor only a six-minute drive away.

  • April 07, 2025

    X Tells Dallas Jury VidStream Can't Win $632M In Video IP Row

    X told a Dallas jury it worked hard to create video sharing systems that have "fundamental" differences to the technology VidStream claims the social platform pilfered in a near decade-long intellectual property lawsuit, asking the jury to deny VidStream's request for $632 million in damages.

  • April 07, 2025

    Torrent Seeks Arbitration In Drug Commercialization Fight

    A subsidiary of Indian multinational company Torrent Pharmaceuticals is urging a Delaware judge to force OWP Pharmaceuticals to arbitrate a dispute over issues that allegedly delayed the U.S. commercialization of its epilepsy and anti-seizure medications.

  • April 07, 2025

    Chancellor Asks About High Court Case In $2.1B SPAC Row

    A Delaware vice chancellor wondered Monday why neither side of a derivative suit over the $3 billion take-public merger of battery maker Microvast Holdings Inc. spoke about a recent state supreme court case relevant to the dispute.

  • April 07, 2025

    Bakery Oil Trial Begins With Split Over Formulas' Secrecy

    Pittsburgh commercial bakery supplier Mallet & Co. told a federal jury Monday that a partner-turned-rival enticed former employees to help it start a competing business, Synova, in the field of release agents, or the oils and lubricants that keep baked goods from sticking to their pans.

  • April 07, 2025

    Fintech Customers Sue Banks Over Synapse Collapse

    Evolve Bank & Trust and Lineage Bank were hit with a consumer's proposed class action in Tennessee federal court accusing them of mismanaging their relationships with Synapse Financial, a now-bankrupt middleware fintech service that the suit says caused customers to lose $85 million.

  • April 07, 2025

    Incyte Can't Get Pretrial Win In Novartis Royalty Fight

    A New York federal judge has disagreed with Incyte Corp.'s argument that its interpretation of a drug commercialization contract at the heart of a royalties dispute with Novartis Pharma AG is the right one, ahead of a jury trial scheduled next month.

  • April 07, 2025

    Jaguar Land Rover Inks Patent License Deal With Avanci

    Avanci and British automotive manufacturer Jaguar Land Rover have struck a deal over a pool of essential patents linked to 5G connected vehicles, the U.S. license operator announced Monday.

  • April 07, 2025

    Denver Builder Says Ex-Employee Stole Info For Competitor

    A full-service general building contractor has accused a former employee and an industry rival in Colorado state court of using stolen confidential business information to make a competitive bid for a 2025 "large scale" Colorado project that's anticipated to create more than $20 million in revenue.

  • April 07, 2025

    Twins' Doctor Ducks Penalty In Baseball Player's Death Suit

    A Florida state court judge Monday declined to penalize a Minnesota Twins doctor for a previously undisclosed text messages that allegedly contradicted deposition testimony over what he knew regarding the treatment status of a minor league baseball player's fatal heart condition, saying the misstep didn't rise to a punishable level.

  • April 07, 2025

    DraftKings Eyes 3rd Circ. Review Of MLB Players' Suit Claims

    DraftKings has asked a Pennsylvania federal court to allow the Third Circuit to weigh in on key unsettled legal issues in a lawsuit that accuses the organization of using the photos of MLB players without permission, saying a decision in its favor could end the case.

  • April 07, 2025

    Ex-AG Lynch Exits $10B McDonald's Bias Case Ahead Of Trial

    Paul Weiss partner and former U.S. Attorney General Loretta Lynch is stepping away from McDonald's defense in Byron Allen's $10 billion bias lawsuit against the fast food giant, just months before the case is slated to go to trial.

  • April 07, 2025

    Conn. Judge Pauses 'Staggering' Hospital Data Subpoena

    A Connecticut judge temporarily paused a subpoena seeking what a health nonprofit called "a staggering amount" of confidential patient data by a proposed class of Constitution State residents accusing Hartford HealthCare Corp. of monopolizing the state's healthcare industry, stating that the court must review the subpoena first.

  • April 07, 2025

    Goldberg Segalla Adds Hospitality, Retail Atty In Palm Beach

    Litigation firm Goldberg Segalla LLP said it has added retail and hospitality attorney Jason R. Hepperly to its office in West Palm Beach, Florida.

  • April 07, 2025

    Judge Orders Argentina To Pay Decade-Old Contractor Claim

    Argentina must pay more than $21 million to Italian construction firm Webuild SpA to resolve a claim over a Buenos Aires water services contract the government canceled in 2006, a D.C. federal judge has determined.

  • April 07, 2025

    NC Doctors Say Fee-Sharing Row Resulted In Pay Cuts

    A group of North Carolina anesthesiologists accused their business partners of slashing their monthly compensation in half in retaliation against them for questioning a proposed fee-sharing arrangement, saying the cut allegedly violated the doctors' contracts and breached the partners' fiduciary duty.

  • April 04, 2025

    Defamation Litigation Roundup: Jay-Z, Blake Lively, Drake

    In this month's review of ongoing defamation fights, Law360 looks back on an escalation in Jay-Z's case against personal injury lawyer Tony Buzbee, who he accuses of pursuing a "false" and "malicious" rape suit, as well as on the war of words between actors Justin Baldoni and Blake Lively.

  • April 04, 2025

    Houston Atty Says Unethical Funding Deal Means No Fee Split

    A Houston attorney has asked a Texas state court to rule that his partner is not entitled to an equal share of his case fees, accusing his colleague of mismanaging millions in funds and entering into an unethical agreement with a hedge fund.

  • April 04, 2025

    Pot Investor Can't Force Sales Of Products In Contract Row

    A Michigan state judge on Friday denied a cannabis investor's motion for an order forcing the sale of stored product while a dispute with his business partners plays out, finding the investor hasn't shown he's likely to succeed — particularly as much or all of the suit may end up in arbitration.

  • April 04, 2025

    Texas Justices Deny UnitedHealthcare, Humana Records Row

    The Texas Supreme Court declined Friday to take up a dispute between United HealthCare Services Inc. and Humana Insurance Co. over whether UnitedHealthcare should have to turn over Medicare documents connected to a state retirement plan.

Expert Analysis

  • Navigating Fla.'s Shorter Construction Defect Claim Window

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    In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.

  • Why Diversity Jurisdiction Poses Investment Fund Hurdles

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    Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.

  • Webuild Ruling Complicates Arb. Award Enforcement In US

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    A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Bristol-Myers Win Offers Lessons For Debt Security Holders

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    A New York federal judge's recent dismissal of a $6.4 billion lawsuit against Bristol-Myers Squibb, due to plaintiff UMB Bank's lack of standing, serves as an important reminder to debt security holders to obtain depositary proxies before pursuing litigation, say attorneys at Milbank.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • How To Avoid Risking Arbitration Award Confidentiality In NY

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    Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

  • Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'

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    A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.

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