Commercial Contracts

  • July 09, 2024

    CFPB's Latest Rules Agenda Includes Blast From Fed Past

    The Consumer Financial Protection Bureau may try to resurrect part of a defunct Federal Reserve regulation that banned banks from employing some consumer credit contract terms, according to a new rulemaking agenda from the agency that also hints at a plan B for its $8 credit card late-fee rule.

  • July 09, 2024

    Nirvana, Marc Jacobs Reach Deal In Smiley Face Logo Fight

    The rock band Nirvana, the fashion brand Marc Jacobs International LLC and a former record company employee have reached a settlement resolving a yearslong dispute over Nirvana's "smiley face" logo, according to a joint report filed in California federal court Tuesday.

  • July 09, 2024

    Bard Fights 'Patent Misuse' Ruling In $53M Suit At 9th Circ.

    Bard urged the Ninth Circuit on Tuesday to reverse a lower court's finding that its attempt to collect $53 million in licensing payments from a medical-device company was a clear case of "patent misuse," arguing that the parties' licensing agreement allows for Bard to collect payments even after the patents-in-suit expired.

  • July 09, 2024

    Fla. Judge Won't Nix Antitrust Claims Against Alcon

    The Florida federal judge presiding over the multidistrict litigation alleging disposable contact lens sellers conspired to fix prices refused Tuesday to let Alcon escape antitrust claims by an online contact lens reseller and sent the suit back to New York.

  • July 09, 2024

    Judge Says Alaska Tribal Healthcare Provider Can Access Info

    The Alaska Native Tribal Health Consortium can't limit one of its member's governance and participation rights in seeking legally privileged information involving sexual misconduct allegations against the consortium's former president, a federal judge has said, while also enforcing a previous judgment that allows access to some of the group's documents.

  • July 09, 2024

    Judge Greenlights New Defamation Claims In Sabotage Suit

    A couple accused of sabotaging a North Carolina software company can countersue its co-founder and his wife for defamation, a state Business Court judge ruled Tuesday, casting aside concerns that allowing new claims at this late stage will delay the upcoming trial.

  • July 09, 2024

    FTC Is Denied Amazon's Instructions On Signal Use, For Now

    A Washington federal judge refused Tuesday to give the Federal Trade Commission a peek into what it contends is the extensive use of Signal by Jeff Bezos and other top Amazon.com executives to hide communications relevant to a monopolization lawsuit, preferring to order deposition testimony on that use first.

  • July 09, 2024

    NJ Panel Revokes Coverage For Pharma Co. In Fraud Row

    A pharmaceutical company isn't covered for underlying accusations that it was a middleman in a self-dealing scheme orchestrated by its now-deceased board chairman, a New Jersey state appeals court ruled Tuesday, reversing a decision that a capacity exclusion in the company's directors and officers policy didn't apply.

  • July 09, 2024

    Del. Chancellor Sends SwervePay Merger Suit Toward Trial

    Delaware's Court of Chancery on Tuesday rejected dismissal for an amended complaint filed by e-payment venture SwervePay accusing buyers affiliated with payment collection business Ontario Systems LLC of overstating by tens of billions revenue-producing transactions expected under a proposed 2020 tie-up.

  • July 09, 2024

    Chancery Gives X Corp. One Week To Redact Twitter Docs

    X Corp. has a little over a week to prepare public versions of sealed court documents from Twitter Inc.'s 2022 battle with Elon Musk over his $44 billion acquisition bid, after a legal research website challenged the ongoing confidential treatment of the Delaware Chancery Court filings.

  • July 09, 2024

    Fight Over Golf-Aid Sales Puts Amazon In RICO Hot Seat

    A pair of golf marketing companies conspired with Amazon to cash in on the sale of popular equipment endorsed by top-ranked golfer Scottie Scheffler after tricking the manufacturer into selling it to them wholesale, the equipment-maker claimed in a fraud and RICO suit filed in California federal court on Tuesday.

  • July 09, 2024

    BP Unit Slams 'Farfetched' $300M Franchise Termination Suit

    The trio of companies that sued a BP subsidiary for terminating their truck stop franchise agreement have no claim to make, the BP unit has told an Ohio federal court, arguing that by their own admission the companies failed to hold up their end of the agreement at issue.

  • July 08, 2024

    Emergent, J&J Reach $50M Deal In COVID Vax Supply Fight

    Johnson & Johnson has agreed to pay Emergent BioSolutions $50 million to resolve claims stemming from a now-terminated COVID-19 vaccine manufacturing deal, according to a disclosure filed with the U.S. Securities and Exchange Commission on Monday.

  • July 08, 2024

    Would-Be Pot Co. Rainmaker Still Not Liable For Alleged Fraud

    A Colorado Court of Appeals panel has affirmed the outcome of a jury trial in which a businessman was found not liable for defrauding a cannabis company, concluding that it would have been highly prejudicial to tell jurors the businessman was sanctioned in the case for fabricating evidence.

  • July 08, 2024

    2nd Circ. Lets Rail Co. Retool Suit Against Big Banks

    The Second Circuit on Monday restored Eddystone Rail Co. LLC's lawsuit targeting Bank of America NA and other banks for their alleged roles helping an oil transportation and logistics company evade liability in a roughly $140 million contract dispute, reasoning that the rail company still has time to amend its complaint.

  • July 08, 2024

    Ex-Worker Under Protective Order Stole Gym's Name, Suit Says

    A former mixed martial arts gym employee with a protective order against him for threatening his boss and several other workplace misconduct violations stole the company's name to use in opening a competing gym and luring co-workers and clients away, according to a suit filed Friday in Colorado state court.

  • July 08, 2024

    Carriers Seek Reimbursement For $1.3B LNG Explosion

    Insurers for the owner of a liquefied natural gas export facility have accused a bankrupt contractor and its joint-venture partners of negligently causing a costly explosion by failing to implement proper safety instrumentation, seeking reimbursement for their coverage payments after the facility owner said it lost over $1.3 billion.

  • July 08, 2024

    Biotech Co. Alleges Arbitrator Conflict In Patent Award Fight

    Pennsylvania-based biotechnology company Renmatix Inc. is urging the Delaware Court of Chancery to nix an arbitral award favoring Finnish company UPM-Kymmene Corp. in a long-running patent dispute, pointing to an allegedly undisclosed conflict of interest involving the Finnish company's counsel at DLA Piper.

  • July 08, 2024

    Justices Told To Ignore 'Hopeless' Challenge To Antitrust Test

    A group of wholesalers who say the makers of 5-Hour Energy illegally favored Costco in distributing the energy drink shots told the U.S. Supreme Court on Monday to reject the drink-maker's certiorari petition, saying it asks the justices to take on the role of fact-finders.

  • July 08, 2024

    'Amazon Of Hemp' Wants Early Exit From NC Pot Farm Fight

    An online hemp retailer is looking to ditch claims that it's passing off a North Carolina farm's hemp products as its own and has otherwise doctored THC test reports, calling the suit "fatally defective" and saying that other parts of the complaint contradict those claims.

  • July 08, 2024

    Ga. County Won't 'Sit On Its Hindquarters' In Battery Fire Fight

    A Georgia county suing a battery manufacturer for a massive fire allegedly sparked by the illegal dumping of lithium-ion cells urged a Georgia federal judge Friday to spike the company's "absurd" bid to dismiss the suit, calling the effort "premature and meritless."

  • July 08, 2024

    Academic Handbook Can't Be Contract, Mich. School Says

    The University of Detroit Mercy School of Dentistry has urged a Michigan federal judge to toss a lawsuit from a student who was kicked out for violating a no-contact order, saying the handbook the student's breach of contract claim relies on does not amount to an enforceable agreement.

  • July 08, 2024

    DraftKings Hiding Ball On Noncompete Law, 1st Circ. Told

    A former DraftKings executive fighting a noncompete so he can work for rival sports-betting upstart Fanatics has told the First Circuit his ex-employer is overlooking the importance of a California law that could unwind the restrictive covenant.

  • July 08, 2024

    Ex-Media CEO Wants Family's Finances To Explain Sale Push

    The ousted CEO of a company publishing newspapers in Pennsylvania and Ohio wants financial records from his family members on the board of directors, to search for reasons why they were exploring the potential sale of the company that triggered a lawsuit.

  • July 08, 2024

    Landowners Defend Wyo. Antitrust Claims Against Anadarko

    Wyoming landowners accusing an Occidental Petroleum Corp. unit of antitrust behavior are urging a federal judge to reject its bid for a win on their state law claims as the case heads toward a trial.

Expert Analysis

  • How Firms Can Ensure Associate Gender Parity Lasts

    Author Photo

    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

    Author Photo

    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • No AI FRAUD Act Is A Significant Step For Right Of Publicity

    Author Photo

    The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

    Author Photo

    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Unpacking The New Russia Sanctions And Export Controls

    Author Photo

    Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

    Author Photo

    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

    Author Photo

    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

    Author Photo

    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • A Post-Mortem Analysis Of Stroock's Demise

    Author Photo

    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • 2nd Circ. Ruling Will Guide Social Media Account Ownership

    Author Photo

    The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.

  • Assessing The Future Of Colorado's Economic Loss Rule

    Author Photo

    The Colorado Supreme Court's decision to review a state appellate court's ruling in Mid-Century Insurance Co. v. HIVE Construction will significantly influence the future of Colorado's economic loss rule, with high stakes for the cost of doing business in the state, says David Holman at Crisham & Holman.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

    Author Photo

    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • What To Know About RWI In Acquisition And Divestiture Deals

    Author Photo

    As a slower pace of merger activity turns underwriters toward new industries, representations and warranties insurance policies are increasingly being written for acquisition and divestiture energy deals, making it important for contracting parties to understand how the RWI underwriting process works in this new sector, say attorneys at Haynes Boone.

  • Freight Forwarders And Common Carriers: Know Your Cargo

    Author Photo

    Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

    Author Photo

    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Commercial Contracts archive.
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!