Commercial Contracts

  • October 28, 2024

    9th Circ. Says Amazon Auto-Renewal Suit Is Too Late

    The Ninth Circuit said Monday that a proposed class action accusing Amazon of duping Prime subscribers into paying for memberships in its audiobook seller, Audible, was filed after a three-year statute of limitations under New York law had expired.

  • October 28, 2024

    NY Firm Sued Over Botched $5M Art Collector Ch. 7 Dispute

    A family enmeshed in New York's art world is suing their former attorneys in relation to a dismissed bankruptcy proceeding with an art collector over a breach of contract, alleging the attorneys' incompetence lost them $5 million when they moved the case from state court to a Chapter 7 bankruptcy filing.

  • October 28, 2024

    Hospital Wants NC County's 'Monopoly' Suit Tossed

    Owners of an Asheville, North Carolina, hospital accused of understaffing its emergency room and driving up wait times say the county suing them for unjust enrichment is actually trying to get paid twice for healthcare its emergency responders have already provided.

  • October 28, 2024

    Mich. Firm Can't Get More Fees From Nassar Suits, Jury Finds

    A Michigan federal jury said Monday a personal injury firm already got what it was owed as local counsel for survivors of former USA Gymnastics doctor Larry Nassar's abuse, rejecting the firm's claims against a Colorado firm for another $500,000.

  • October 28, 2024

    Medical Laser Co. Seeks Multiplier For Rival's 'Deceitful' Raid

    A medical laser company has asked a Boston federal judge to double or triple its $25 million verdict against a rival firm — and tack on attorney fees and $6.8 million in interest — for a "calculated and deceitful corporate raid" on its sales workforce.

  • October 28, 2024

    Farm Co. Can't Push Worker's Wage Suit To Arbitration

    A California appeals court refused to send to arbitration a farm laborer's suit accusing a farm labor contractor of shorting workers on wages, saying the company can't rely on an arbitration pact that one of its clients signed with the workers.

  • October 25, 2024

    Entergy Struggles To Challenge FERC Decision At DC Circ.

    The D.C. Circuit is set to decide whether or not utility giant Entergy will be allowed to challenge the Federal Energy Regulatory Commission's rejection of a plan that would change capacity market rules, after finding that it would give Entergy too much market power.

  • October 25, 2024

    How Big Crash Verdict Revealed Blueprint For Suing Amazon

    A rare $16.2 million verdict against Amazon recently awarded by a Georgia jury is proof that a blueprint of sorts now exists for pinning liability on the retail giant in crash cases involving independent contractors, according to a veteran attorney who helped win the case.

  • October 25, 2024

    DC Circ. Could Nix OK Of $8M Equatorial Guinea Award

    The D.C. Circuit on Friday appeared willing to consider nixing enforcement of an $8 million arbitral award against Equatorial Guinea issued in a dispute over an ill-fated hospital operating contract, even as the panel spent much of a hearing focusing on the impact of a decade-old U.S. Supreme Court decision.

  • October 25, 2024

    Jury Mostly Sides With Woodland Tools On False Ad Claims

    A Wisconsin federal jury has largely found in favor of gardening toolmaker Woodland Tools on allegations that competitor Fiskars Brands made false claims about the design origin and cutting power of Fiskars products including pruners and shears.

  • October 25, 2024

    Lemonade Co. Sues Brewers' Affiliate Over Deal Gone Sour

    A lemonade and nuts vendor is suing a minor league affiliate of the Milwaukee Brewers in Mississippi federal court, alleging that the team caved in to pressure from the Coca-Cola Co. and abruptly terminated an agreement that allowed the merchant to sell his items at home games.

  • October 25, 2024

    Failed Pot-Friendly Neobank Exec Says Court Must Hold Cash

    Dozens of "defrauded businesses" are left without the cash they deposited into a defunct cannabis-focused "neobank," the former chief executive said when urging an Oregon federal court not to earmark the remaining money left in accounts to just one ripped-off cannabis company.

  • October 25, 2024

    Lyft To Pay $2.1M FTC Fine Over Driver Earnings Claims

    Lyft Inc. will pay $2.1 million and clarify its claims about driver pay in order to settle allegations from the Federal Trade Commission that the ride-hailing company made deceptive statements about what drivers could expect to earn hourly and through special incentives, according to a Friday announcement from the agency.

  • October 25, 2024

    Feds Seek 6½ Years For Ex-Takeda Worker Over Invoice Fraud

    Federal prosecutors in Boston want a former senior Takeda Pharmaceutical Co. employee jailed for 6½ years for the complex scam she pulled off with her boyfriend that raked in millions of dollars through fake invoices, according to a Friday filing.

  • October 25, 2024

    Off The Bench: Toss-Up For Ohtani Ball, UFC Fighters' Payday

    In this week's Off The Bench, the three claimants to a historic baseball now know how much is at stake for the winner, a long fight against wage suppression for mixed martial arts fighters is a step closer to ending, and WNBA players want a bigger piece of a growing revenue pie.

  • October 25, 2024

    Va. Man Gets 7½ Years For $15M Gov't Contract Investor Scam

    A Virginia man was sentenced Friday to over seven years in prison for defrauding dozens of investors out of $15 million by misleading them into believing that his company had millions of dollars in contracts with federal and state government agencies.

  • October 25, 2024

    Pink Is Too Close To Purple, National Gypsum Judge Says

    Drywall manufacturer National Gypsum has convinced a Chicago federal judge that new shades of pink used by a company that makes shower wall niches broke the terms of an injunction that was issued after a jury sided with National Gypsum in a legal dispute over the use of the color purple in construction materials.

  • October 25, 2024

    Amazon Presses Drivers To Hand Over Docs, Info In Wage Suit

    Amazon said that 17 named plaintiffs in an eight-year suit accusing the online retail giant of misclassifying drivers as independent contractors failed to meet discovery demands, urging a Washington federal judge to order them to fulfill the requests within 10 days.

  • October 25, 2024

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

    This past week in London has seen the Competition and Markets Authority take action against a mattress retailer after it was caught pressuring its customers with misleading discounts, Lenovo and Motorola target ZTE Corporation with a patents claim, Lloyds Bank hit by another claim relating to the collapse of Arena Television and U.K. tax authority HMRC sued by the director of an electronics company that evaded millions of pounds in VAT. Here, Law360 looks at these and other new claims in the U.K.

  • October 24, 2024

    Bell Says Vendor Shouldn't Get $127M In Trade Secret Suit

    Bell Helicopter Textron Inc. told a Texas jury that a third-party vendor took the aerospace company's tech and "slapped their name on it," saying during closing arguments Thursday that jurors should reject California-based digital avionics equipment supplier Rogerson Aircraft Corp.'s ask of $127 million.

  • October 24, 2024

    4th Circ. Backs Sanctioning Firm $1M For 'Defiance' Of Court

    The Fourth Circuit on Thursday upheld a roughly $1 million sanction against the law firm of New York plaintiffs attorney Paul J. Napoli for its purportedly frivolous filings in a battle with another firm over asbestos litigation client referrals, saying the firm's misconduct was in "direct defiance" of a Maryland federal court's authority.

  • October 24, 2024

    Del. Co. Tells 3rd Circ. €4.2M Award Was Properly Denied

    A Delaware investment company wants the Third Circuit to affirm a lower court ruling that refused to enforce an approximately €4.2 million arbitral award issued in a dispute over failed plans for a French medical equipment company to expand into Colombia.

  • October 24, 2024

    Fed. Circ. Revives Lenovo Bid For SEP Anti-Suit Injunction

    The Federal Circuit on Thursday gave Lenovo a new shot at securing an order that could bar Ericsson from enforcing injunctions in South America amid the companies' globe-spanning standard-essential patent dispute, faulting a lower court's reasoning for rejecting Lenovo's request.

  • October 24, 2024

    Walmart Hid Patent Evidence, Co.'s Sanctions Bid Claims

    Zest Labs wants Walmart sanctioned in a suit claiming the retail giant stole the startup's trade secrets related to shelf-freshness technology, telling an Arkansas federal judge that Walmart hid important evidence about patents it had filed applications for.

  • October 24, 2024

    Chancery Expedites Credit Card Fee Claim-Buyer Dispute

    Litigation finance startup CoreStream Capital LLC has won Delaware Court of Chancery fast-tracking of its claims that another company breached an agreement to connect the LLC with merchants seeking shares of a $5.6 billion federal class antitrust settlement covering excessive credit card fees.

Expert Analysis

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

    Author Photo

    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • CFPB's Expanding Scope Evident In Coding Bootcamp Fine

    Author Photo

    The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.

  • 4 Arbitration Takeaways From High Court Coinbase Ruling

    Author Photo

    The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • Series

    Playing Music Makes Me A Better Lawyer

    Author Photo

    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

    Author Photo

    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • The Effects Of New 10-Year Limitation On Key Sanctions Laws

    Author Photo

    Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.

  • Supply Chain Considerations For Companies Deploying AI

    Author Photo

    Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.

  • Using A Children's Book Approach In Firm Marketing Content

    Author Photo

    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Key Lessons From Recent Insurance Policy Reform Litigation

    Author Photo

    A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.

  • Compliance Considerations For New Data Protection Law

    Author Photo

    Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.

  • 2nd Circ. Ruling Affirms NY Law's Creditor-Friendly Approach

    Author Photo

    The Second Circuit’s recent ruling in 245 Park Member v. HNA International provides creditors with some reason for optimism that debtors in New York may face rejection in court for aiming to keep creditors at arm’s length by transferring personal assets into an LLC, says Jeff Newton at Omni Bridgeway.

  • Diving Deep Into Sweeping NY Financing Bill — And Its Pitfalls

    Author Photo

    A New York bill seeking to impose state usury limits onto a broader variety of financing arrangements and apply lender licensing requirements to more diverse entities would present near-insurmountable compliance challenges for lenders and retailers, say Kate Fisher and Tom Quinn at Hudson Cook.

  • When Oral Settlements Reached In Mediation Are Enforceable

    Author Photo

    A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.

  • What Transactional Attys Must Know About Texas Biz Courts

    Author Photo

    As Texas prepares to launch its new business courts, transactional attorneys — especially those involved in commercial, securities and internal governance matters — should keep several issues in mind when considering use of the state's business court system to facilitate deals and settle disputes, say attorneys at Katten.

  • Series

    Being An EMT Makes Me A Better Lawyer

    Author Photo

    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

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!