Commercial Contracts

  • February 14, 2025

    Uber Starts Antitrust Food Fight With DoorDash

    DoorDash Inc. has devised an unlawful scheme to stifle competition with its main rival, Uber Eats, by forcing restaurants to exclusively work with DoorDash to manage their in-house deliveries, which hikes costs for restaurants and customers, Uber Technologies Inc. alleges in a lawsuit filed Friday in Golden State court.

  • February 14, 2025

    Joy Dish Soap Deal Caused $12M Loss, Manufacturer Claims

    Alleging $12 million in losses, Michigan-based manufacturer N.V. Labs Inc., which does business as the Reforma Group, has sued Connecticut private equity firm Piney Lake Capital Management LP on allegations it dirtied a deal to produce Joy dish soap through a subsidiary after buying the brand from Procter & Gamble.

  • February 14, 2025

    'Not For Sale': OpenAI Rebuffs Musk's $97.4B Takeover Bid

    The board of directors for OpenAI voted unanimously on Friday to reject a $97.4 billion offer from Elon Musk and a consortium of investors to buy the artificial intelligence platform, with the board chair saying in a statement, "OpenAI is not for sale."

  • February 14, 2025

    Judge Partly Certifies Ex-Detainee Class In Debit Card Fee Suit

    A Washington federal judge has partially certified a class of former detainees suing the Central Bank of Kansas City, alleging the bank charged them debit card fees to regain access to their money after they were released.

  • February 14, 2025

    Trump Aims To End Limits On President's Power To Fire

    President Donald Trump has his sights set on taking down a 90-year-old U.S. Supreme Court ruling that protects certain government officials from being fired, a U.S. Department of Justice letter confirms, and he plans to leverage his prior legal victories to deliver the precedent's death knell and expand presidential power.

  • February 14, 2025

    Supreme Court Asked To Rule On Fee Award After TM Mistrial

    A cosmetics distributor that was sued for trademark infringement and lost has asked the U.S. Supreme Court to determine whether attorney fees and costs awarded to the prevailing party should have been trimmed to account for a default judgment that was reversed and a mistrial attributed to the plaintiff's counsel.

  • February 14, 2025

    NHL, CHL Ask Court to Toss Junior Players' Antitrust Lawsuit

    The National Hockey League has asked a Washington federal court to toss an antitrust lawsuit challenging a rule that dictates where junior athletes can play, arguing that most enforcement of the rule took place in Canada.

  • February 14, 2025

    Judge Says Class Waited Too Long For Home Depot Fee Suit

    A Georgia federal judge has granted Home Depot an early win over a proposed class action alleging overcharges on tool rentals, ruling that the plaintiffs waived their claims by failing to provide written notice of disputed charges within the contract's 25-day deadline.

  • February 14, 2025

    Houston Energy Co. Stiffed For Cleanup Costs, Court Told

    A Houston energy company refused to decommission a toppled oil and gas platform in the Gulf of Mexico and then failed to pay up when another party got stuck with the cleanup duty, an oil company has told a Texas federal court.

  • February 14, 2025

    Farm Asks Judge To 'Please' Add $5M Interest To $32M Verdict

    A cannabis farm is asking a Michigan federal judge to "please, please" award $5 million in prejudgment interest on a $31.8 million verdict reached last month in a contract dispute with Curaleaf units, saying the companies have refused to cooperate in post-judgment talks to resolve the issue.

  • February 14, 2025

    Calif. Insurance Chief Backs Wildfire Mitigation, Recovery Bills

    California Insurance Commissioner Ricardo Lara announced his support Friday for a slew of bills aimed at addressing wildfire mitigation and recovery, including measures to maximize insurance claim payouts and stabilize the state's insurer of last resort.

  • February 14, 2025

    'New Facts' Improper In Penny Stock Action, 2nd Circ. Told

    A Connecticut federal judge violated controlling case law and the constitutional rights of a penny stock CEO when imposing a judgment in a U.S. Securities & Exchange Commission enforcement action, defense counsel told the Second Circuit, arguing that the SEC admitted post-trial that it could not find any victims of the allegedly false public statements at issue.

  • February 14, 2025

    Ben & Jerry's Says Owner Unilever Banned Anti-Trump Posts

    Ben & Jerry's told a New York federal judge overseeing its litigation accusing parent company Unilever of breaching an agreement allowing the ice cream company to take political stances that Unilever has now banned it "from issuing any posts criticizing President Trump" pending further review.

  • February 14, 2025

    Insurer Goes After Another In $3.5M Sewer Damage Suit

    A subcontractor's insurer lodged a third-party complaint against a Liberty Mutual unit in Colorado federal court, accusing it of reaching a "collusive" $730,000 consent agreement in an underlying sewer rupture dispute and arguing that the unit should've paid its full $2 million limit instead.

  • February 14, 2025

    Pashman Stein Gets Arbitration Award Against Atty Confirmed

    Pashman Stein Walder Hayden PC on Friday won confirmation for an $88,000 award against an intellectual property attorney and former client it sued over unpaid legal fees in New Jersey state court.

  • February 14, 2025

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

    This past week in London has seen Spice Girls star Mel B's ex-husband bring a defamation claim against the publisher of The Sun, a hotel sue a former director convicted of embezzling its funds for breach of fiduciary duty, and comedian Russell Brand face a sexual abuse claim. Here, Law360 looks at these and other new claims in the U.K.

  • February 13, 2025

    Mental Health Group Says Ga. Analyst Lied About Work

    Cheerful Therapy LLC filed suit against Georgia-based Anelyst Accounting LLC and Nicholas Hawkins in federal court, alleging they solicited it to pay for the creation of a mental health group practice with the intent of secretly transferring the group to a new limited liability company in which Cheerful had no rights or interest.

  • February 13, 2025

    Oil & Gas Co.'s Antitrust Suit Baseless, Insurers Say

    Insurers who hold surety bonds in an oil company and have been accused of colluding with other bondholders to demand additional collateral have urged a Texas federal court to dismiss the antitrust allegations against them, saying the dispute is contractual only.

  • February 13, 2025

    NC Biz Court Bulletin: Defaulted Notes, EB-5 Investor Fraud

    The North Carolina Business Court has been handed in the first half of February a receivership case involving a defaulted $17.5 million promissory note, a fraud suit by Chinese EB-5 investors and a request to depose the chief legal officer of Smithfield Foods Inc.

  • February 13, 2025

    Atty Can Keep Fees In Foreclosure Row, Mich. Panel Rules

    A trial court shouldn't have ordered an attorney to refund fees for representing a condominium association in its failed attempt to foreclose on unit owners because the attorney was not a party to the action or accused of conversion, a Michigan appellate panel found Wednesday.

  • February 13, 2025

    Buyer Seeks $3.5M Price Cut Over Bungled Conn. Mill Cleanup

    A property developer has asked a Connecticut Superior Court judge to lower the purchase price of a polluted industrial site in Branford from $6 million to $2.5 million, saying the seller failed to develop legitimate remediation plans and breached a settlement agreement that ended prior litigation.

  • February 13, 2025

    Insurers Say Adjuster Must Cover $66M Suit Over Boat Death

    Insurers told a North Carolina federal court that a company they contracted with failed to perform its agreed-upon adjustment duties on claims related to a 2021 fatal Florida boat accident and didn't pay legal fees when a more than $66 million suit erupted over the incident.

  • February 13, 2025

    Sidley Adds White & Case Litigators In Chicago

    Sidley Austin LLP has grown its litigation offerings in Chicago with the addition of two former White & Case LLP partners, one of whom served as the leader of that firm's Windy City office.

  • February 13, 2025

    Musk's $97B OpenAI Bid Dubbed A 'Stunt' Amid Other Rumors

    After a Wall Street Journal report on Monday revealed that a consortium of investors led by Elon Musk was offering $97.4 billion to buy the nonprofit that controls OpenAI, rumors began to swirl regarding the true intentions behind the billionaire's bid.

  • February 13, 2025

    Musk Says He'll Drop OpenAI Bid If It Scraps 'For Profit' Plans

    Elon Musk has hit back at OpenAI's claim that his $97.375 billion takeover bid is improper, noting if the ChatGPT maker agrees to nix plans to become a for-profit business, his offer will be dropped. 

Expert Analysis

  • 3 Notes For Arbitration Agreements After Calif. Ruling

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    After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • How Justices' E-Rate Decision May Affect Scope Of FCA

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    The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • Addressing The Growing Hazards Of Mass Arbitration

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    Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.

  • Opinion

    Prejudgment Interest Is A Game-Changer In Ill. Civil Suits

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    Civil litigation can leave plaintiffs financially strained and desperate for any recovery, especially when defendants use delaying tactics — but the Illinois Legislature's move to allow prejudgment interest has helped bring litigants to the table earlier to resolve disputes, minimizing court expenses and benefiting all parties, says Benjamin Crane at Coplan + Crane.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • 2nd Circ. Ruling May Limit Discovery In Int'l Arbitration

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    The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • NY Ruling Offers A Foreclosure Road Map For Lenders

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    A New York appellate court recently upheld a summary judgment ruling in favor of a commercial lender's foreclosure in U.S. Bank v. 1226 Evergreen Bapaz, illustrating the proofs lenders will need to prosecute a foreclosure action, especially where the plaintiff is an assignee of the originating lender, say attorneys at Sherman Atlas.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Opinion

    OFAC Sanctions Deserve To Be Challenged Post-Chevron

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    The U.S. Supreme Court's Loper Bright decision opens the door to challenges against the Office of Foreign Assets Control's sanctions regime, the unintended consequences of which raise serious questions about the wisdom of what appears to be a scorched-earth approach, says Solomon Shinerock at Lewis Baach.

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