Commercial Contracts

  • July 03, 2020

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

    The last week has seen a competition suit against Royal Mail, a Saint-Gobain unit lodge a patent claim against 3M and a Russian bank file another suit against Mozambique and one of the state-owned entities embroiled in a $2 billion bribery scandal. Here, Law360 looks at those and other new claims in the U.K.

  • July 02, 2020

    United Airlines Seeks To Duck Suit Over $5B Virus Relief Deal

    United Airlines urged an Illinois federal judge on Thursday to dismiss a putative class action accusing it of breaching its agreement with the federal government over $5 billion in payroll support funds amid the coronavirus pandemic, arguing the employee who filed the suit has no statutory rights to enforce the agreement.

  • July 02, 2020

    Alcoa Says Contract Fight With AB InBev Must Be Litigated

    Aluminum giant Alcoa is urging a New York federal court not to force it to arbitrate a patent dispute relating to a type of aluminum used in Anheuser-Busch InBev bottles, arguing that the brewer is targeting the wrong company due to a 2016 corporate restructuring.

  • July 02, 2020

    Jimmy John's Slams Class Certification Bid In No-Poach Suit

    A Jimmy John's employee can't certify a class in his suit challenging the company's no-poach agreements because the class would include conflicting class members and their claims can't be proven with common evidence, the sandwich chain argued in Illinois federal court.

  • July 02, 2020

    Coronavirus Litigation: The Week In Review

    Grocery delivery service Instacart is suing to block a Seattle ordinance requiring coronavirus hazard pay for gig delivery workers, New York police officers and Las Vegas resort workers claim they haven't been provided with adequate protections during the pandemic, and the ACLU says California courts can't block public access to trials, despite the virus. 

  • July 02, 2020

    Minor League Teams Sue For Coverage Of Canceled Season

    Several Minor League Baseball teams are suing their insurers over coverage of the loss of income after their season was canceled, alleging they have been wrongfully denied coverage under their policies.

  • July 02, 2020

    Littler Mendelson Attys Say Discovery Snafu Suit Barred

    Four Littler Mendelson PC attorneys facing negligence claims over an alleged discovery misstep that purportedly allowed opposing counsel to expand a labor dispute have asked a judge in Houston to dismiss the lawsuit under a state free speech law, saying the suit stems from their response to a court order.

  • July 02, 2020

    Union Says CUNY Axed 2,800 Profs After Taking Virus Relief

    The City University of New York illegally laid off thousands of adjunct faculty members despite getting over $251 million in federal funds to protect against the coronavirus pandemic's economic fallout, according to a lawsuit filed by a union representing the university's professional staff.

  • July 01, 2020

    Simon & Schuster Beats Bid To Block Mary Trump Tell-All

    Simon & Schuster can move forward with publishing the purportedly damning tell-all book penned by President Donald Trump's niece, a New York appellate court ruled Wednesday, partially reversing a lower court's temporary restraining order issued one day earlier.

  • July 01, 2020

    Firm Defends Retaining Credit For Former Atty's Work

    An attorney for a Philadelphia-based personal injury firm told a federal judge during a hearing on Wednesday that he could be opening a floodgate of litigation if a former associate were allowed to move forward with claims that the firm was improperly taking credit for his work on its website.

  • July 01, 2020

    Fed. Circ. Keeps Sandoz's Enbrel Biosimilar Off The Market

    Amgen Inc. on Wednesday fended off competition to its top-selling biologic Enbrel, when the Federal Circuit rejected Sandoz Inc.'s arguments that two patents are invalid for double-patenting.

  • July 01, 2020

    Ill. Court Upholds Cook County's $9M Insurance Trial Win

    An Illinois appellate court on Tuesday upheld a jury's decision to award Cook County roughly $9 million in damages in a contract dispute with insurance broker USI Insurance, rejecting both the insurer's bid to ax the award and the county's attempt to boost it to $32.5 million.

  • July 01, 2020

    WeWork Sued For $54M Over Broken Calif. Office Lease

    WeWork's landlord at a Los Angeles office building said the coworking company owes at least $54 million in damages after it backed out of a 10-year lease agreement, according to a lawsuit lodged Tuesday in California state court.

  • July 01, 2020

    Lloyd's Best Buy Death Policy Dispute Sent To Arbitrator

    An Arkansas federal judge on Wednesday sent a dispute between Certain Underwriters at Lloyd's London and a delivery company over coverage of a wrongful death suit to arbitration, saying that Lloyd's status as a foreign company overrules Arkansas law barring arbitration in insurance policies.

  • July 01, 2020

    Ex-Tinder VP Asks 9th Circ. Not To Silence Sex Assault Claims

    A former Tinder executive has urged the Ninth Circuit to revive her claims that the dating app behemoth retaliated against her after its parent company's then-CEO sexually assaulted her, saying the companies tried to buy her silence, surreptitiously forced her into an "unconscionable" arbitration agreement and then fired her.

  • July 01, 2020

    Senate Dems Tackle Coronavirus Waivers For College Athletes

    A pair of Democratic senators have floated a bill aiming to block colleges from requiring student-athletes to sign liability waivers related to the COVID-19 pandemic as some schools are starting to allow athletes back on campus and as the NCAA pushes toward a fall season in some form.

  • July 01, 2020

    Investment Co. Seeks OK Of $21M Award Against Chinese Co.

    Investment company Uni-Top Asia Investment Limited urged a D.C. federal court on Monday to confirm a $21.38 million arbitral award it won against the Chinese state-owned Sinopec following a dispute over a share acquisition deal for a Canadian oil and gas company.

  • July 01, 2020

    Houston Firms Sued By Dropped Client In Wrongful Death Suit

    The widow of a 39-year-old man who died after suffering a heart attack at an LA Fitness club has sued two Houston-based law firms alleging they ditched her after two years of working on a wrongful death suit against the gym to represent her late husband's minor children instead.

  • July 01, 2020

    Water Co. Says Centennial Sunk $150M Saltwater Well Deal

    A Texas water management company told a Houston-area court it's the rightful recipient of $10 million in escrow funds from a busted $150 million saltwater disposal well deal with a Centennial Resource Development unit.

  • July 01, 2020

    Brazil Watchdog Eases Up On Facebook, Cielo Payment Deal

    Brazil's competition authority has dropped a recent decision to block a partnership between Facebook and credit card issuer Cielo, but says it will continue probing the deal for possible anti-competitive effects.

  • July 01, 2020

    3 Things To Watch As COVID-19 Real Estate Litigation Looms

    Commercial landlords and tenants have to a large extent not brought their disputes over payment of rent to court during the COVID-19 pandemic, but lawyers say several factors — including uncertainty about assistance under the CARES Act — are likely to usher in a wave of litigation soon. Here, Law360 looks at three things to watch for as litigation looms.

  • July 01, 2020

    Kelley Drye Attys Fined Over Misconduct In Telecom Row

    A Florida federal judge overseeing a contentious telecom contract fight hit a Kelley Drye & Warren LLP office managing partner and two others connected to the firm with a $30,000 fine and harsh sanction order, saying their attempt to dodge blame for their own wrongdoing "smacks of desperation."

  • July 01, 2020

    Pa. Landlord Demands Rent From Virus-Closed Restaurant

    The landlord for a historic office building in downtown Pittsburgh is demanding that a restaurant pay its back rent plus other damages related to breaking its lease when it permanently closed because of the COVID-19 pandemic, according to a lawsuit filed in Pennsylvania state court.

  • July 01, 2020

    Innogy Delaying Wind Project To Avoid Paying $70M, Suit Says

    The seller of a wind farm project has told a New York federal court a former Innogy SE unit is purposely holding up the progress of the venture to avoid coughing up a nearly $70 million payment it owes upon completion of the project.

  • June 30, 2020

    Medical Parts Co. Says $74M Fight Doesn't Belong In Ga.

    A Japanese medical device and plastics manufacturer is urging a Georgia federal court to halt a $74 million arbitration filed in Atlanta by its former exclusive distributor, which has accused the Japanese company of stealing its customers, saying it never agreed to arbitrate disputes in the Peach State.

Expert Analysis

  • COVID-19 Telehealth Boom Demands Better Privacy Practices

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    With demand for telemedicine skyrocketing during the pandemic, health care providers should not be lulled into complacency regarding data privacy simply because the U.S. Department of Health and Human Services has relaxed its standards, as pre-pandemic practices may be inadequate, says Geoffrey Lottenberg at Berger Singerman.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Key Points For Airports Considering Rent Relief For Tenants

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    Airport sponsors are highly motivated to offer rent abatements and other support to hard-hit commercial aeronautical tenants during the COVID-19 downturn — but airports must also keep in mind their obligations to stay economically self-sustaining and to treat similarly situated tenants equally, says Paul Fraidenburgh at Buchalter.

  • How Force Majeure Provisions Are Being Tested In New York

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    The Southern District of New York's recent rulings in E2W v. KidZania and Latino v. Clay, together with prior precedent, are illustrative of New York state and federal courts' attitude toward force majeure and whether such provisions might excuse contract performance during the pandemic, say Stephanie Denker and Christie McGuinness at Saul Ewing.

  • Opinion

    Regulatory Estoppel Does Not Invalidate The Virus Exclusion

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    Some policyholders seeking coverage for losses stemming from COVID-19 are arguing that virus exclusions are invalid due to regulatory estoppel, but this theory lacks substance and threatens to undermine formal clarifications of insurance policy intent, say Jonathan Schwartz and Colin Willmott at Goldberg Segalla.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • High Unemployment May Threaten Restrictive Covenants

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    Restrictive covenants in employment agreements will face greater scrutiny from courts if high unemployment persists, but the analysis will depend on whether the company aims to protect trade secrets, client relationships or its interest in unique employees, says Reid Skibell at Harris St. Laurent.

  • A Midyear Look At Key US Sanctions Developments

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    During an active first half of 2020, the Office of Foreign Assets Control strengthened its sanctions programs, issued new guidance documents and announced several enforcement actions, underscoring that even during a pandemic, sanctions compliance is indispensable, say attorneys at Ropes & Gray.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Will US Oil Cos. Follow OPEC's Lead On Production Cuts?

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    Recent production cuts agreed to by the Organization of the Petroleum Exporting Countries and its allies gave markets confidence that Saudi Arabia and Russia are committed to stabilizing oil prices, but the question now is whether U.S. shale oil producers will continue to reduce their own production, say Denmon Sigler and Scott Shelton at Baker McKenzie.

  • IP Risks To Consider When Joining 'Open COVID Pledge'

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    While the sharing of intellectual property through initiatives like the Open COVID Pledge is essential for the rapid development of a cure for COVID-19, there are certain precautionary measures that IP owners and potential licensees should undertake in order to avoid future controversies and legal battles, say Gunjan Agarwal and Chipo Jolibois at Fox Rothschild.

  • Contract, IP And Employment Claims Increase In A Downturn

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    As a result of current market trends, companies should be prepared for more commercial, intellectual property and employment claims, which can make a downturn even more challenging, says Charlene Morrow at Fenwick.

  • Arbitration Pact Rulings Show Signature Snags For Employers

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    Two recent appellate opinions highlight the challenges in proving specific employees signed arbitration agreements, but employers can take certain steps to defend such claims and ensure enforcement, say Ryan Glasgow and Tyler Laughinghouse at Hunton.

  • Strategic Considerations For The Escalating SEP Battles

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    Recent developments in the standard-essential patent landscape affect licensing negotiations and litigation involving communications and networking technologies, and will lead to increased attention from regulators and potential inconsistencies among different agencies and forums, say Erik Puknys and Michelle Rice at Finnegan.

  • Cert. Denial In Televisa May Embroil 3rd-Party Asset Managers

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    A New York federal court's recent refusal to grant class certification to investors in Grupo Televisa in a FIFA scandal stock-drop case may lead to additional discovery burdens for asset managers performing third-party management services for pooled investment vehicles, say attorneys at Ropes & Gray.

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