Commercial Contracts

  • June 24, 2021

    Congress Votes To Nix Trump-Era 'True Lender' Rule

    A resolution to nullify the Office of the Comptroller of the Currency's "true lender" rule narrowly cleared the U.S. House of Representatives on Thursday in a vote that sends the measure to President Joe Biden's desk.

  • June 24, 2021

    Caliber Says $157M Ch. 11 Lien Supported By Its Drilling Role

    Midstream drilling service provider Caliber Midstream told a Delaware bankruptcy judge that it had a significant presence at oil and gas drilling sites owned by debtor Nine Point Energy that supports its claim to a $157 million lien against the debtor's estate.

  • June 24, 2021

    Judge Won't Kick Landlord Fraud Case To Abritration

    A Texas state judge on Thursday declined to send to arbitration a contentious fraud dispute between a commercial landlord and tenant hospitality company where one party has raised claims of racial and gender discrimination against the American Arbitration Association.

  • June 24, 2021

    Robbins Geller Taps Boies To Appeal DQ For 'Fraud' On Court

    Robbins Geller Rudman & Dowd LLP has hired a team of legal titans, including David Boies and SCOTUSblog founder Thomas Goldstein, to appeal a ruling that it committed "fraud" on a Manhattan federal court by failing to disclose short positions held by the lead plaintiff in securities litigation stemming from the FIFA corruption scandal.

  • June 24, 2021

    Engineering Co. Says It Won $28M From Electric Carmaker

    A Swiss engineering company that's worked with automakers like BMW and GM has won some $28 million in arbitration against electric vehicle startup Byton, after a payment dispute arose from their combined efforts to build an all-electric luxury SUV called the M-Byte.

  • June 24, 2021

    DOJ Fights Bid To Dismiss Its First Criminal Wage-Fixing Case

    The U.S. Department of Justice is defending its first criminal wage-fixing case from a dismissal bid, pointing to the Supreme Court's recent ruling on college athlete compensation, along with earlier cases the government says show that "wage fixing is price fixing."

  • June 24, 2021

    Goldman Sachs Unit Sued For $54M Over Ruby Tuesday Deal

    A developer's suit claiming $54 million in damages against a Goldman Sachs investment unit because of a failed lease deal with Ruby Tuesday Inc. has been removed to Tennessee federal court as the parties fight over a historic lodge on the Maryville College campus.

  • June 24, 2021

    Skanska Wants Coverage For Subcontractor Damage

    Construction and development company Skanska USA has asked a Texas federal court to hold a subcontractor's insurers liable for water damage to a San Antonio retirement home project.

  • June 24, 2021

    Urban Outfitters Can't Dodge Fashion Co.'s IP Theft Claims

    A Pennsylvania federal judge cleared the way on Thursday for fashion rental company Le Tote Inc. to move forward with claims that Urban Outfitters Inc. stole proprietary information during ultimately scuttled acquisition talks in order to launch a competing service.

  • June 24, 2021

    Panera 'Rascality' Warrants Damage Claims, Ex-Exec Argues

    An attorney for Panera Bread founder and ex-CEO Ronald M. Shaich accused the company of "rascality" sufficient to trigger Massachusetts law damages for unfair trade practices Thursday during arguments on tossing part of a sprawling, 13-count Delaware Chancery Court suit against the casual dining chain.

  • June 24, 2021

    Bailey Brauer Adds Ex-Locke Lord Corporate Litigator

    Bailey Brauer PLLC has added a corporate litigator previously with Locke Lord LLP as a partner in its Dallas office, the boutique firm has announced.

  • June 24, 2021

    Delta Wants Consolidated COVID Refund Suits Tossed

    Delta Air Lines is asking a Georgia federal judge to dismiss consolidated class actions accusing it of failing to refund customers for COVID-19 pandemic-related flight cancellations, saying the plaintiffs haven't shown how the airline failed to uphold its end of a contract.

  • June 24, 2021

    Balch & Bingham Adds 2 Litigators In Jacksonville

    Balch & Bingham LLP announced Tuesday the addition of two litigators to its Jacksonville, Florida, outpost, one as a partner and another as a member.

  • June 23, 2021

    Kentucky Is Wrong Venue For $9M CBD Oil Suit, Judge Says

    A Kentucky federal judge has tossed a hemp farm's $9 million contract dispute suit against an Oregon CBD processor, finding that the farm didn't show the Bluegrass State was the appropriate venue for its claims.

  • June 23, 2021

    MLB Unit Hit With $2M NY Jury Verdict In App-Licensing Fight

    A New York state jury slapped Major League Baseball's media arm Monday with a $2 million verdict in long-running litigation, which alleged the league wrongly gave two different software developers the rights to build the same in-game predictions app.

  • June 23, 2021

    House Panel Advances Antitrust Overhaul As GOP Splinters

    A House committee passed multiple proposals to change U.S. antitrust laws Wednesday, even as split Republican votes exposed the depths of an internal GOP rift over how much power the federal government should have to rein in the largest tech companies.

  • June 23, 2021

    Biopharma Wins $1 In Del. IP Suit Over Ex-CEO's Wrongdoing

    A Delaware vice chancellor on Wednesday ruled that, although the former CEO of Macrophage Therapeutics Inc. breached his fiduciary duty to the biopharma company through a "series of conflicted transactions," only $1 in damages will be awarded as no real harm was done.

  • June 23, 2021

    Suffolk University Can't Dodge Remote Learning Tuition Suits

    Suffolk University can't hide behind the principle of academic freedom to escape a pair of suits by students seeking partial tuition refunds after the pandemic shifted classes online, a Massachusetts federal judge said Wednesday.

  • June 23, 2021

    Swisher Seeks To Revive Award Enforcement In Antitrust Suit

    Tobacco giant Swisher International on Wednesday asked a Florida federal court to revive a subpoena enforcement bid against the founder of a smaller cigarillo company that pursued antitrust claims against Swisher before the founder was indicted for tax evasion.

  • June 23, 2021

    NBA Owner Says $1.5B Sale Merits 'Champagne,' Not Lawsuit

    Billionaire Glen Taylor is urging a federal judge not to block his proposed $1.5 billion sale of the Minnesota Timberwolves and Lynx basketball teams to Alex Rodriguez and entrepreneur Marc Lore, saying the minority owner contesting the deal should be thanking him instead.

  • June 23, 2021

    Rent Abatement Clause Frequency Up Nearly 50% Since 2019

    The use of rent abatement clauses in commercial leases has jumped by nearly 50% since 2019 as tenants and landlords continue to spar over the question of how the COVID-19 pandemic factors in, while pandemic-related force majeure clauses are also on the rise, according to Practical Guidance.

  • June 23, 2021

    4th Circ. Rejects Challenge To Gov't Prepub Review System

    The Fourth Circuit on Wednesday upheld the constitutionality of the government's decades-old prepublication review system, agreeing that the regime blocking former military and intelligence officials from disclosing classified or secretive information in books or articles without first obtaining approval is reasonable.

  • June 23, 2021

    Ga. Judge Rejects Health Insurer's Faith-Based Dismissal Bid

    A Georgia federal judge has said a health insurance company can't mask itself as a religious organization to avoid or force arbitration of a proposed class action brought by insureds who say they were charged exorbitant fees and denied promised coverage.

  • June 23, 2021

    Wells Fargo, BofA Beat Suit Over PTAB Challenge

    A New Jersey federal judge has let Wells Fargo and Bank of America out of a software company's racketeering case alleging the banks used an industry group to successfully invalidate a digital banking authentication patent at the Patent Trial and Appeal Board even though the banks had promised not to challenge the patent.

  • June 23, 2021

    Kinder Morgan Seeks End To FERC Pipeline Penalty Fight

    Kinder Morgan Inc. wants to waive $192 million in pipeline reliability penalties against its shippers stemming from the Texas winter storm, and the Federal Energy Regulatory Commission has been asked to pause litigation challenging the pursuit of those penalties while it considers the waiver request.

Expert Analysis

  • Navigating Inadvertent Attorney-Client Privilege Waivers

    Author Photo

    Spencer Fane’s Deena Duffy offers tips for identifying accidental privilege waivers based on local and federal rules, and for interpreting recent case law when such rules are unclear.

  • Ch. 7 Lessons From Evander Kane Bankruptcy

    Author Photo

    The bankruptcy court recently denied a dismissal motion in NHL player Evander Kane's bankruptcy case, presenting considerations on the nature of consumer versus nonconsumer debt, and bringing up interesting policy issues around availability of Chapter 7 to different types of debtors, say Alphamorlai Kebeh and Zev Shechtman at Danning Gill.

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

    Author Photo

    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • Contract Rights Vs. Patent Invalidity: 2 Key Cases To Watch

    Author Photo

    Depending on how the Federal Circuit and U.S. Supreme Court balance private contractual rights and public policy to void invalid patents in two pending cases, practitioners may have to test new ways of protecting patents from challengers who already received contractual benefits, say Howard Susser and Eric Kaviar at Burns & Levinson.

  • Opinion

    NJ Fed. Court Should Ditch Litigation Funding Disclosure Plan

    Author Photo

    The District of New Jersey's wide-reaching proposal to require automatic disclosure of third-party litigation finance poses several problems for attorneys and litigants alike and should be nipped in the bud, say Sarah Williams and Marlon Becerra at Validity Finance.

  • Complying With New EU Data Transfer Contractual Obligations

    Author Photo

    The European Commission's new standard contractual clauses for transferring personal data outside the EU, which take effect June 27, place significantly more onerous obligations on companies, but there are several steps they can start implementing to comply, say William Long and Francesca Blythe at Sidley.

  • Law Firm Talent Must Reflect Shifting US Demographics

    Author Photo

    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • How Standard-Setting Orgs Can Curb Patent Litigation

    Author Photo

    Standard-setting organizations should solve the burgeoning standard-essential patent litigation pandemic by emulating a successful solution from 2012 and introducing greater clarity into fair, reasonable and nondiscriminatory policies, say Michael Carrier at Rutgers Law School and Brian Scarpelli at ACT.

  • Opinion

    Transparency More Crucial Than New FRAND Royalty Methods

    Author Photo

    Although two recently proposed alternative valuation frameworks for fair, reasonable and nondiscriminatory royalties for standard-essential patents could be more useful than conventional approaches, reformers would do better, for now, to concentrate their efforts at improving licensing transparency, says Thomas Cotter at the University of Minnesota Law School.

  • 3 Risk Management Lessons From Pandemic Insurance Wars

    Author Photo

    As appellate decisions in COVID-19 business interruption insurance claims continue to clarify the state of the law, there are some things that policyholders' lawyers and risk managers can do in the meantime to help prepare for future unforeseen events affecting coverage, says Peter Halprin at Pasich.

  • NY Stock Purchase Ruling Shows Value Of Proper Disclosures

    Author Photo

    The New York Supreme Court’s recent decision that a stock buyer was liable for breaching a purchase agreement’s representations and warranties in GBIG Holdings v. Resolution Life demonstrates that buyer liability risk exists even when sellers have prior knowledge of potential violations, say John Lowe and Paul Bartlett at Barclay Damon.

  • E-Filing Mistakes Could Jeopardize Third-Party Trade Secrets

    Author Photo

    As last month’s Epic v. Apple trial showed, errors made when e-filing discovery documents can expose the confidential information of third parties, but case law is not firmly established on whether these inadvertent disclosures may damage trade secret protections — a legal issue especially relevant in the video game industry, say Carolyn Martin and Robert Piper at Lutzker & Lutzker.

  • Opinion

    Judges Should Foster Diversity In MDL Leader Appointments

    Author Photo

    Through their powerful function as gatekeepers, judges should open the gate to minority practitioners when appointing leadership positions in widely influential multidistrict litigation and begin to correct the disparities that have long plagued the legal industry, say Majed Nachawati and Michael Gorwitz at Fears Nachawati.

  • A Gov't Contractor's Road Map To Biden Cybersecurity Order

    Author Photo

    Following President Joe Biden's recent executive order to improve U.S. cybersecurity, Justin Chiarodo and Sharon Klein at Blank Rome highlight how four key elements will particularly affect government contractors and their suppliers, and what contractors should expect as they prepare to operate in a new compliance environment.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

    Author Photo

    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

Want to publish in Law360?


Submit an idea
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!