Commercial Contracts

  • January 13, 2025

    CFPB Can't Get $43M Fine From Telemarketing Debt Co. Yet

    An Illinois federal judge Friday waited to order the owner of a defunct debt company to pay $43 million for misrepresenting to customers they could eliminate their student loans, pointing to a U.S. Supreme Court decision holding the accused has a right to a jury trial when financial penalties are on the line.

  • January 13, 2025

    Infowars Bidder Raises Offer As Attys Consider Auction

    A failed bidder for conspiracy-monger Alex Jones' Infowars has more than doubled the amount it would pay to acquire the website, and the parent company of satirical news site The Onion is preparing to submit its own revised bid, counsel for the trustee in Jones' Chapter 7 case said at a hearing in Texas bankruptcy court Monday.

  • January 13, 2025

    Contractor Drops Mich. Supreme Court 'Fees For Fees' Appeal

    A general contractor has moved to dismiss its Michigan Supreme Court appeal of an attorney-fee award that was slashed because the contractor was found responsible for dragging out litigation with a road agency after receiving the public records it sued the agency to obtain. 

  • January 13, 2025

    Ga. Waste Authority Sues To Block County's Audit Attempt

    A Georgia county's solid waste authority, whose finances came under scrutiny from the Federal Bureau of Investigation last year, has sued its county's government to block an effort by the county to force inspections and audits of its waste facilities.

  • January 13, 2025

    Attys Seek $4.4M In Fees For Gas Well Plugging Settlement

    Attorneys from Bailey & Glasser LLP and Appalachian Mountain Advocates asked a West Virginia federal court for $4.4 million in fees, in a settlement that will require Diversified Energy Co. to more than quadruple its plans for plugging inactive oil and gas wells it had obtained from EQT in six states.

  • January 13, 2025

    Cannabis Co. Again Seeks Dismissal Of Finder's Fee Suit

    The Cannabist Co. Holdings Inc. is asking a New York federal court to once again throw out a suit from an associate alleging he is owed $800,000 for facilitating an investment, saying New York law bars oral finder's fee contracts and the claims are still blocked by the statute of limitations.

  • January 13, 2025

    Wynne Transportation Files Ch. 11 After $32M Arbitration Loss

    Transportation services company Wynne Transportation Holdings LLC filed for Chapter 11 protection in Delaware after an arbitrator said it must pay a former subcontractor $32.8 million because it severed their partnership after the state of Texas required it to bus migrants to Democratic-controlled areas.

  • January 13, 2025

    Justices Won't Hear Auto Parts Co.'s ERISA Arbitration Push

    The U.S. Supreme Court declined Monday to review the Sixth Circuit's refusal to force arbitration of a suit accusing an auto parts company of packing its employee retirement plan with subpar investment options.

  • January 13, 2025

    High Court Won't Scrutinize Huge Class Of Meta Advertisers

    The U.S. Supreme Court declined Monday to assess the certification of an enormous class of businesses that social media colossus Meta Platforms allegedly defrauded by inflating the reach of Facebook and Instagram advertisements, upping the odds of a major payout in the closely watched case.

  • January 10, 2025

    Feds Back Musk's Microsoft-OpenAI Board Overlap Concerns

    The U.S. Department of Justice and Federal Trade Commission weighed in Friday on Elon Musk's California federal lawsuit against OpenAI, arguing that the artificial intelligence research organization and its co-defendant Microsoft can't fight claims of improper board overlap just by saying the overlap has ended.

  • January 10, 2025

    X Fights Finding Severance Row Contract Claims Can Survive

    X Corp. and Elon Musk squared off with ex-Twitter workers in Delaware federal court, filing dueling briefs that took opposing stances over whether a district judge should adopt a recommendation to keep alive some breach-of-contract allegations in the workers' proposed class action claiming they were cheated out of severance benefits.

  • January 10, 2025

    Texas High Court Flips Course To Hear Boeing Back Pay Suit

    The Texas Supreme Court changed course Friday in a case over the Southwest Airlines Pilots Association's attempts to recover lost wages from The Boeing Co. after the Federal Aviation Administration grounded Boeing's 737 Max plane in 2019, granting a motion for rehearing.

  • January 10, 2025

    Fla. Bank Sues Cargill Over $18M In Fraudulent Transfers

    A Florida bank is suing food company Cargill Inc. over more than $18 million in transfers the bank thought were going to a Miami-based coffee company with which it had a credit agreement and that was in a precarious financial position after suffering "catastrophic" losses trading in the coffee market.

  • January 10, 2025

    Infosys Files Antitrust Counterclaims In Trade Secrets Suit

    Healthcare payments software company Infosys has hit back with antitrust counterclaims against Cognizant TriZetto Software Group's Texas federal court suit accusing Infosys of abusing its system access to develop competing services.

  • January 10, 2025

    NC Co. Sues State, Duke Energy Over Lake Bed Compensation

    A North Carolina company is suing the state and Duke Energy Carolinas LLC in North Carolina federal court for compensation, after a state high court took away its lake bed parcel following a land dispute with the energy company and other parties.

  • January 10, 2025

    Contractor Seeks Coverage For $2.5M Grass Damage Row

    An air services company told a New York federal court Friday that an AIG unit cited a raft of inapplicable exclusions to deny commercial general liability coverage over claims that it caused nearly $2.5 million in damages by aerially applying herbicides on the wrong areas.

  • January 10, 2025

    Receiver Sought For Pittsburgh Landmark In $143M Default

    A group of lenders seeking to foreclose on part of Pittsburgh's Station Square development over a $143 million loan default wants a Pennsylvania state court to appoint a receiver to take over management and marketing of the properties, according to court filings.

  • January 10, 2025

    Funkadelic Keyboardist Fights Sanctions Bid In Royalty Dispute

    The widow of Parliament-Funkadelic's founding keyboardist told a Michigan federal judge Friday that she should not be sanctioned in a royalty dispute with bandleader George Clinton, saying she didn't try to hide what she said is an irrelevant settlement agreement with a record company.

  • January 10, 2025

    Marlins, Collector Near Deal Over Ohtani's Historic Base

    The Miami Marlins appear close to resolving a federal suit brought by a baseball collector who claimed that the team reneged on a deal to sell him a base used in the game that saw Los Angeles Dodgers slugger Shohei Ohtani eclipse 50 home runs and 50 stolen bases in a single season, according to a Friday court filing.

  • January 10, 2025

    Defunct Nursing School Inks $5M Deal To End Consumer Suits

    The operators of Stone Academy, a defunct, private, for-profit nursing school in Connecticut, have agreed to a $5 million settlement to end two student-led lawsuits and another suit by the state, Attorney General William M. Tong said Friday.

  • January 10, 2025

    Hog Supplier's Contract Tussle With Smithfield OK'd For Trial

    A former hog supplier in North Carolina can take some of its breach of contract claims to trial in a lawsuit alleging Smithfield Foods Inc.'s pricing practices were a death knell for the supplier's swine operations, according to a newly unsealed state Business Court opinion.

  • January 10, 2025

    Off The Bench: Venu Deal Off, Fox Suit, Gender Rules Wobble

    In this week's Off The Bench, a last-minute merger ends litigation over the new sports streaming service Venu, only for its backers to mothball the project entirely, Fox Sports is rocked by lurid sexual harassment claims, and a federal judge knocks down an attempt to expand transgender discrimination protections.

  • January 10, 2025

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

    This past week in London has seen legal services group RBG Holdings face a winding-up petition from founder Ian Rosenblatt amid soured talks about the group's leadership, J.P. Morgan file a fresh claim against WeRealize, retailer Asda face an intellectual property claim over a specific type of mandarin and financier Nathaniel Rothschild sue German entrepreneur Lars Windhorst and his investment vehicle Tennor International. Here, Law360 looks at these and other new claims in the U.K.

  • January 10, 2025

    Law Firm's Fee Suit Can't Proceed In Ga., Investment Co. Says

    A Michigan-based investment firm has asked a Georgia federal judge to toss a suit accusing it of failing to pay more than $180,000 in legal fees owed to an Atlanta-area law firm, arguing the court lacks jurisdiction under the state's long-arm statute.

  • January 10, 2025

    Feds Say Rocket Mortgage Can't Avoid Race Bias Suit

    The federal government has pushed back against Rocket Mortgage LLC's motion to dismiss a racial discrimination suit accusing the company and other parties of undervaluing a Black woman's Denver duplex after she applied for refinancing.

Expert Analysis

  • A Legal Perspective On NYC's Retail Real Estate Evolution

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    As New York City's retail market begins to show signs of resilience after the challenges of recent years, landlords must be cognizant of legal implications from shifting trends toward shorter-term leases and pop-up stores, says Andrea Gendel at Pryor Cashman.

  • The Fed. Circ. In October: Anti-Suit Injunctions And SEPs

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    The Federal Circuit's holding in Ericsson v. Lenovo, a complex global case involving standard-essential patents, will likely have broad consequences for practitioners, including by making it easier to obtain an anti-suit injunction, say attorneys at Knobbe Martens.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • How CFIUS' Updated Framework Affects Global Investors

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    The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.

  • Service Providers Must Mitigate 'Secondary Target' Risks

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    A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • OpenAI's Patent Pledge Is Not All It Seems

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    A recent statement that OpenAI won't assert its own patents is more of an aspiration than an obligation, and should prompt practitioners to think deeply about the underlying legal mechanisms of patent and contract law when determining the effectiveness of similar nonassertion pledges, say attorneys at McDonnell Boehnen.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • FERC's Reactive Power Compensation Cutoff Is No Shock

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    While the Federal Energy Regulatory Commission's recent final rule ending compensation for reactive power provided within the standard power factor range will mean less revenue for some generators, it should not come as a surprise, since FERC has long signaled its interest in this shift, says Linda Walsh at Husch Blackwell.

  • Opinion

    Feds May Have Overstepped In Suit Against Mortgage Lender

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    The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • Next Steps In The $2.8B Blue Cross Payout To Providers

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    Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

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