Commercial Contracts

  • January 06, 2025

    Seacrest Oil Co. Launches $71M Arbitration Against Petrobras

    Oil and gas production company Seacrest Petroleo said Monday that two subsidiaries have initiated arbitration proceedings against Petrobras, seeking compensation for the Brazilian state-owned oil company's failure to complete pipeline repair work.

  • January 06, 2025

    Toolmaker's Batteries Are Fire-Prone, Class Claims

    The company behind SKIL power tools has been hit with a proposed consumer fraud class action targeting a recently recalled lithium-ion battery an Illinois customer says can catch fire, hurting people and damaging their property.

  • January 06, 2025

    Pashman Stein Avoids Atty's Claims, Rips Threat Accusation

    Pashman Stein Walder Hayden PC has defeated an attempt from an attorney and former client to countersue it for breach of contract in New Jersey state litigation from the firm over unpaid fees, accusing the lawyer of a "flagrant attempt to manipulate the judicial process."

  • January 06, 2025

    Robot Lawn Mower Cos. End Their Contract Fight In NC

    A pair of robot lawn mower companies that have been fighting over the aftermath of their prior partnership have come together to tell North Carolina's business court that they are ready to drop their dispute following an earlier motion that stated they had agreed to a settlement.

  • January 06, 2025

    Space Biz Accused Of Gov't Satellite Contract Bait-And-Switch

    A subcontractor hit a Colorado space company with a $17.2 million breach of contract lawsuit in federal court Saturday, accusing Sierra Space of adopting a bait-and-switch strategy in which it dragged out subcontracting negotiations in order to win a lucrative federal satellite contract and then awarded the business to a rival subcontractor.

  • January 06, 2025

    National Court Reporters Association Hit With Antitrust Suit

    The National Court Reporters Association exploits its monopoly in the stenographic certification market to charge its members inflated and unnecessary membership dues and keep potential competitors out of the market, according to a new antitrust lawsuit in New Jersey federal court.

  • January 06, 2025

    2nd Circ. Says Argent Can't Force ESOP Suit To Arbitration

    The Second Circuit knocked down Argent Trust Co.'s bid to arbitrate a case alleging the wealth management company sold inflated shares to a barbecue chain's employee stock ownership plan, after ruling in a similar case that identical arbitration contract language wasn't enforceable.

  • January 06, 2025

    US Wants More Time To Counter Altria's $106M Tax Refund Bid

    Tobacco giant Altria's complaint seeking a $106 million tax refund related to its interests in beverage company Anheuser-Busch requires more research to counter in the event a Virginia federal court decides it can move forward, the U.S. government said in requesting time for potential discovery.

  • January 06, 2025

    Disney Buy Ends Fubo Sports Streaming Suit

    Disney and Fubo announced a deal Monday morning to combine the streaming startup with Disney's Hulu + Live TV business, in an agreement that ends Fubo's lawsuit that had so far successfully challenged a three-way live sports streaming joint venture between Disney's ESPN, Fox and Warner Bros. Discovery.

  • January 03, 2025

    Vizgen Loses Antitrust Claims Against 10x In Biotech IP Fight

    A Delaware federal court on Friday dropped Harvard's business partners at 10x Genomics Inc. out of some of the antitrust counterclaims by a rival biotech developer that is targeted in a patent lawsuit set for trial next month.

  • January 03, 2025

    Netgear, Huawei Settle Calif. RICO Suit Over Wi-Fi SEPs

    Netgear and Huawei informed a California federal judge Friday that they have resolved their racketeering dispute and asked for a 30-day stay to finalize their deal, weeks after Netgear sought to block Huawei from seeking injunctions through patent actions pending in foreign courts and a German court found Netgear infringed Huawei's Wi-Fi patents.

  • January 03, 2025

    FTC Fines AI Software Co. $1M Over Web Accessibility Claims

    Software maker accessiBe will pay the Federal Trade Commission $1 million to settle the agency's allegations that the company misrepresented how its artificial intelligence-powered tool could make websites compliant with international guidelines for disability accessibility, the FTC announced Friday.

  • January 03, 2025

    Del. Court Rules Against Insurers In Harman 'Bump-Up' Case

    In a closely watched ruling on director and officer insurer denials of mergers and acquisitions cost "bump-up" payouts, a Delaware judge sided on Friday with Harman International Industries' claims that insurance providers unjustifiably denied coverage for a $28 million settlement of challenges to Harman's 2017 merger with Samsung Electronics America Inc.

  • January 03, 2025

    Fund Manager Says Broker-Dealer's Retaliation Led To Losses

    Financial services company Leader Capital Corp. has sued a broker-dealer and a marketing services company for allegedly making false and misleading representations to investors about Leader Capital's compliance with securities laws, causing at least $3.5 million in damage after the investors withdrew funds.

  • January 03, 2025

    Enforcement Of $146M Chilean Hospital Award Sought In Conn.

    A Chilean construction company has kicked off new litigation in Connecticut looking to enforce a $146.5 million arbitral award against Italian construction giant Webuild, several months after a Delaware judge nixed the company's initial enforcement suit on jurisdictional grounds.

  • January 03, 2025

    Booz Allen To Pay $15.8M To Settle False Claims Case

    Booz Allen Hamilton struck a $15.8 million settlement with the federal government Friday, resolving claims a subsidiary submitted false claims under a contract meant to supply computer military training simulators to the U.S. Department of Defense.

  • January 03, 2025

    Orchard Settles 'Criminal Enterprise' Defamation Suit

    The former part-owner of a Michigan orchard and the orchard's holding company have settled claims that the ex-partner defamed the company and caused a loss of business by logging into its Google business account and calling it a "criminal enterprise."

  • January 03, 2025

    AIG Seeks $302K For Water Damage At NFL Player's NJ Home

    An AIG insurer said it's entitled to recover nearly $302,000 from a contractor and plumbing company for flood damage to a Philadelphia Eagles player's Garden State home, telling a New Jersey federal court that the companies improperly installed the wrong piece of hardware when renovating the property.

  • January 03, 2025

    Ga. Law Firm Says Investment Co. Dodging $182K Bill

    A Michigan-based investment firm is facing allegations it dodged paying more than $180,000 in legal fees owed to an Atlanta-area law firm, according to a suit removed to Georgia federal court Friday.

  • January 03, 2025

    Missed Deadline Bars Startup Investors' Conspiracy Claims

    A three-year statute of limitations — missed by a little more than a month — dooms civil conspiracy claims in a lawsuit alleging that partners in a venture capital firm created "sham" independent contractor agreements with a firm controlled by one of its partners to charge "massive and inexplicable" fees, a Massachusetts judge has ruled.

  • January 03, 2025

    Biogen Not On Hook For Disruptions Caused By Landlord

    Biogen Inc. did not breach the terms of a sublease with biopharma components manufacturer Brammer Bio and bears no responsibility for any claimed losses suffered by Brammer during a construction project by the building's owner, a Massachusetts judge has concluded.

  • January 03, 2025

    Ala. Judge Won't Recuse In Talc Fight Due To Law Firm Work

    An Alabama federal judge will not recuse himself from a fight between two leading plaintiffs law firms in the multibillion-dollar litigation over Johnson & Johnson's tainted talcum powder, saying Friday that his previous representation of Beasley Allen Law Firm won't bias him against Smith Law Firm PLLC.

  • January 03, 2025

    Pa. Homebuyers Say Broker Misled Them On Chicken Ban

    A pair of Pennsylvania homebuyers told a state court on Jan. 2 they have buyer's remorse after being misled by broker Coldwell Banker Real Estate Services LLC about a homeowners association's ban on chickens living on their property.

  • January 03, 2025

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

    This past week in London has seen Chris Eubank Jr. hit with a libel claim from a boxing promoter, a perfume boss face proceedings from his businesses following sanctions violations claims, and Israeli broadcasters file intellectual property claims against BT and Sky. Here, Law360 looks at these and other new claims in the U.K.

  • January 02, 2025

    IBM And GlobalFoundries Settle Contract, Trade Secret Suits

    IBM and semiconductor maker GlobalFoundries US Inc. have settled lawsuits lodged against each other in which IBM accused GlobalFoundries of breaching a $1.5 billion manufacturing deal, while GlobalFoundries accused IBM of unlawfully disclosing its confidential trade secrets, the companies announced Thursday.

Expert Analysis

  • The Opportunities, Risks And Rewards Of AI Acquisitions

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    As artificial intelligence acquisitions become an increasing area of focus for investors and technology buyers, entities should pay special attention to target identification, due diligence and more when structuring and executing a transaction with a company that has an AI-centric business model, say attorneys at Foley & Lardner.

  • Legal Issues To Watch As Deepfake Voices Proliferate

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    With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.

  • Insurance Types That May Help Cos. After Key Bridge Collapse

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    Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Businesses Should Take Their AI Contracts Off Auto-Renew

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    When subscribing to artificial intelligence tools — or to any technology in a highly competitive and legally thorny market — companies should push back on automatic renewal contract clauses for reasons including litigation and regulatory risk, and competition, says Chris Wlach at Huge Inc.

  • What To Know About NIGC's Internal Review Process

    Excerpt from Practical Guidance
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    If the National Indian Gaming Commission disapproves of a tribal management contract for gaming operations, it's important to properly go through the commission's internal hearing mechanism before litigating in federal court, or else an action may be dismissed for failure to exhaust administrative remedies, says Rebecca Chapman at the University at Buffalo School of Law.

  • What The Justices' Copyright Damages Ruling Didn't Address

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    While the U.S. Supreme Court’s recent ruling in Warner Chappell v. Nealy clarified when a copyright owner may recover damages in jurisdictions that apply the so-called discovery rule, it did not settle the overriding question of whether the Copyright Act even permits applying the rule, say Ivy Estoesta and William Milliken at Sterne Kessler.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • 7 Effects Of DOL Retirement Asset Manager Exemption Rule

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    The recent U.S. Department of Labor amendment to the retirement asset manager exemption delivers several key practical impacts, including the need for managers, as opposed to funds, to register with the DOL, say attorneys at Ropes & Gray.

  • Del. Rulings Make Clear That 'Arbitrator' Isn't A Magic Word

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    Recent decisions by the Delaware Chancery Court clarify that calling a process an "expert determination" or "arbitration" in a purchase agreement is not sufficient to define it as such, so practitioners must consider how to structure dispute resolution provisions to achieve their clients’ desired result, say attorneys at Troutman Pepper.

  • Protecting IP May Be Tricky Without Noncompetes

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    Contrary to the Federal Trade Commission's view, trade secret law cannot replace noncompetes' protection of proprietary information because intellectual property includes far more than just trade secrets, so businesses need to closely examine their IP protection options, say Aimee Fagan and Ching-Lee Fukuda at Sidley.

  • A Look At FERC's Plan To End Reactive Power Compensation

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    A recent notice of proposed rulemaking indicates that the Federal Energy Regulatory Commission is likely to eliminate compensation for reactive power within the standard power factor range — causing significant impacts for the electric power industry, which relies on income from providing this service, say Norman Bay and Matthew Goldberg at Willkie and Vivian Chum at Wright & Talisman.

  • 8 Legal Issues Influencing Investors In The Creator Economy

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    The rapidly expanding digital creator economy — funding for which more than doubled in the U.S. in the first quarter — comes with its own set of unique legal issues investors must carefully consider before diving in, say Louis Lehot and Alan Pate at Foley & Lardner.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

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