Commercial Contracts

  • October 18, 2024

    Timeshare Co. Preyed On Fla. Servicemember, High Court Told

    A Florida U.S. Army soldier and his wife petitioned the U.S. Supreme Court on Friday to review their case against Bluegreen Vacations Unlimited Inc., disputing that his contract isn't legal under the Military Lending Act because the company used predatory tactics to sell him a timeshare.

  • October 18, 2024

    False Ad Suit Trimmed Over 'Non-Drowsy' Albertsons Meds

    An Illinois federal judge on Thursday refused to strike class claims that Albertsons markets and sells cough medicine labeled as "non-drowsy" that does in fact cause drowsiness, but threw out breach of warranty claims because the lead plaintiff failed to give the company adequate notice before filing suit.

  • October 18, 2024

    Chancery Calls For Status Quo Order In Del Monte Loan Suit

    A Delaware vice chancellor has given the nod for a hold-the-status quo order sought by a collateral agent accusing Del Monte Foods Inc. officials of carrying out a corporate restructuring and "lien-stripping" said to have jeopardized lender claims under a $725 million term loan agreement.

  • October 18, 2024

    Cigna Says Florida Labs Owe $16M After 'Cheating' For Benefits

    Three Florida substance abuse laboratories wrongly filed $16 million in claims for medically unnecessary tests and doubled their scheme by failing to seek patient payments, Cigna attorneys told a federal jury on Friday.  The labs, however, accused the insurer of breaching policy agreements by failing to pay for services rendered.

  • October 18, 2024

    Vorys Slams 'Copycat' Firms Trying To Lead Antitrust Suit

    Vorys Sater Seymour and Pease LLP is opposing a bid from Hagens Berman Sobol Shapiro LLP and Bucher Law PLLC to take the lead in a proposed consumer class action against gaming giant Valve Corp., saying the firms just "piggybacked" off Vorys' work in an identical suit.

  • October 18, 2024

    Skiplagged Must Pay American Airlines $9.4M In IP Row

    American Airlines came out on top in a suit against airfare search engine Skiplagged Inc., with a jury finding that Skiplagged must cough up $9.4 million for infringing the airline's copyright. 

  • October 18, 2024

    Allianz, Santander End Shareholder Suit Coverage Fight

    Allianz has agreed to drop its request in Massachusetts federal court for a ruling that it is not obligated to cover Santander Holdings' defense in a now-settled 2022 shareholder lawsuit, a recent filing showed.

  • October 18, 2024

    Justices Told To Skip RFID Patent Row Over Standing

    A Texas company that saw its patent infringement suit revived against a tech company is asking the U.S. Supreme Court to reject its rival's petition to review that decision, saying there's "almost 100 years" of legal precedent backing its ownership of the radio frequency identification, or RFID, technology patent in the case.

  • October 18, 2024

    Pro Angler Awarded $3M For Injuries In Plane Crash

    A Florida federal jury has awarded a professional fisherman nearly $3 million for injuries he sustained after the plane he was flying in allegedly ran out of fuel and crash-landed on the water while en route to the Bahamas, finding the pilot and the charter company mostly responsible for the incident.

  • October 18, 2024

    Pa. University Students Want Final OK For $1.15M Tuition Deal

    Students at St. Joseph's University in Philadelphia asked a federal court Friday for final approval of a $1.15 million settlement over tuition for classes that shifted online at the beginning of the COVID-19 pandemic.

  • October 18, 2024

    Steptoe & Johnson Lands Clark Hill Employment Duo In Texas

    Steptoe & Johnson PLLC has grown its labor and employment offerings in Texas with the addition of two attorneys from Clark Hill PLC.

  • October 18, 2024

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

    This past week in London has seen Professor Cat Jarman, Earl Spencer's new girlfriend, sue his ex-wife, Bitcoin fraudster Craig Wright file a £911 billion ($1.18 trillion) claim against BTC Core, journalist Oliver Kamm hit novelist Ros Barber with a defamation claim, and a barrister at Cloisters face a claim from a former client. Here, Law360 looks at these and other new claims in the U.K.

  • October 17, 2024

    VLSI To Del. Judge: 'There Is Nothing Else To Disclose'

    VLSI Technology LLC has fully complied with its disclosure requirements for ownership and litigation funding, and Intel Corp.'s claims otherwise in patent licensing litigation don't hold up, VLSI told a Delaware federal judge.

  • October 17, 2024

    Atty's 'Groundhog Day' Motion Trims Ex-Girardi Client's Suit

    A California state judge on Thursday trimmed a family's $1.8 million malpractice lawsuit against an attorney that represented it in recovering millions lost in Girardi Keese's embezzlement scandal, calling a bid to nix one of the suit's claims a "Groundhog Day" motion because she already granted a similar one from the attorney's firm.

  • October 17, 2024

    No Fraud In $195M Natural Gas Feud, Court Hears

    A Portuguese electricity and gas provider that won a $195 million arbitral award against a Spanish natural gas company has opposed its discovery motion as it looks to vacate the award on fraud claims following their dispute over a liquefied natural gas swap transaction.

  • October 17, 2024

    Paramount Unlikely To Cut Extortion Claim Over Boxing Match

    A Los Angeles judge appeared skeptical Thursday of Paramount Global's bid to toss allegations that former CBS Corp. CEO Les Moonves hired a lawyer to extort an actor out of his finder's fee for the lucrative 2015 boxing match between Manny Pacquiao and Floyd Mayweather Jr.

  • October 17, 2024

    Engineer Wood PLC Faces Contempt Bid Amid Pipeline Spat

    A contractor facing claims that it mismanaged the construction of a $22 million Colonial Pipeline Co. fuel terminal in Georgia asked a federal judge Thursday to hold multinational engineering firm John L. Wood PLC in contempt of court for playing "word games" with a recent subpoena.

  • October 17, 2024

    Lender Says Denver Property Owner Defaulted On $27M Loan

    A lender told a Colorado state court that it wants a Denver retail property to be placed in receivership after the owner allegedly defaulted on a $27.1 million commercial mortgage loan this month.

  • October 17, 2024

    Neobank Execs Want Out Of Cannabis Co.'s $127K Suit

    The former directors of a defunct, cannabis industry-focused neobank are looking to kill a suit brought against them by Killa Bees Distribution LLC, a CBD company which claims in Oregon federal court that executives should be held liable for the nontraditional financial institution's failure to produce nearly $127,000 in deposits.

  • October 17, 2024

    Ex-CEO Of Credit Union Blames Accounting Firm For Firing

    The dismissed chief executive officer of a Connecticut credit union is suing the financial institution and Whittlesey PC, its accounting firm, claiming he was fired after following advice from the largest CPA group in the state on when to calendar a $1.2 million gain connected to a property sale.

  • October 17, 2024

    Monsanto Leveraged Judge Shuffle In Enviro Suit, Court Told

    A former customer of Bayer AG unit Monsanto urged a New Jersey appeals panel on Thursday to revive its suit seeking to avoid covering the agrochemical giant for environmental enforcement claims, arguing that the company took advantage of a change in jurists presiding over the case.

  • October 17, 2024

    Wash. Library Says Insurers Undervalued $4.8M Damage

    A Washington island library district blamed its insurers for undervaluing damages caused by frozen sprinkler pipes that burst during a snowstorm by more than $2.9 million in a case removed to Washington federal court.

  • October 17, 2024

    Texans Say Rapper Is Tripping With Suit Over 'Still Tippin'

    The Houston Texans are asking a Texas federal judge to toss a suit lodged by a rapper who claims the NFL team stole his song, "Still Tippin," characterizing his claims as "frivolous" and "not viable."

  • October 17, 2024

    Jury Says Phillips 66 Owes $605M In Fuel Trade Secrets Fight

    A jury in California state court said Wednesday a retailer of low-carbon fuels is owed $604.9 million after finding that Phillips 66 swiped trade secrets relating to data, such as sales information and pricing methods.

  • October 17, 2024

    FCA Blames Supplier For Defective Parts Leading To Recalls

    FCA US LLC is suing one of its parts suppliers in Michigan federal court, alleging that it sold the automaker air heater grid relays for its Ram pickup trucks with a defect that can cause fires even when the vehicles are turned off and caused multiple recalls.

Expert Analysis

  • Cyber Takeaways For Cos. From Verizon Data Breach Report

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    Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.

  • Foreign Discovery Insights 2 Years After ZF Automotive

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    Although an Arizona federal court decision last month demonstrates that Section 1782 discovery may still be available to foreign arbitral parties, the scope of such discovery has narrowed greatly since the U.S. Supreme Court's 2022 decision in ZF Automotive, and there are a few potential trends for practitioners to follow, say attorneys at Venable.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Rare Robinson-Patman Ruling Exhibits Key Antitrust Risk

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    A rare federal court decision under the Robinson-Patman Act, which prohibits certain kinds of price discrimination, highlights the antitrust risks faced by certain suppliers and is likely to be cited by future plaintiffs and enforcement officials calling for renewed scrutiny of pricing and discounting practices, say attorneys at Baker McKenzie.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Beware Shifting Provisions In Middle-Market Loan Documents

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    In recent years, many credit facility provisions previously considered to be market standard have been negotiated, often turning in favor of borrowers, demanding renewed diligence from workout officers and restructuring counsel operating in the middle market, say attorneys at Crowell & Moring.

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • 9th Circ. Ruling Shows Lies Must Go To Nature Of Bargain

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    The Ninth Circuit’s recent U.S. v. Milheiser decision, vacating six mail fraud convictions, clarifies that the key question in federal fraud cases is not whether lies were told, but what they were told about — thus requiring defense counsel to rethink their strategies, say Charles Kreindler and Krista Landis at Sheppard Mullin.

  • Adopting 7 Principles May Improve Voluntary Carbon Markets

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    The Biden administration's recently issued joint policy statement on improving the integrity of voluntary carbon markets may help companies using carbon credits to offset their emissions withstand scrutiny by government agencies, the public and investors, say attorneys at Morgan Lewis.

  • Managing Legal Risks After University Gaza Protests

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    Following the protests sparked by the war in Gaza, colleges and universities should expect a long investigative tail and take steps to mitigate risks associated with compliance issues under various legal frameworks and institutional policies, say Wiley's Diana Shaw and Colin Cloherty.

  • Debate Over CFPB Definition Of Credit Is Just Beginning

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    The Consumer Financial Protection Bureau has recently worked to expand the meaning of credit, so anyone operating on the edges of the credit markets, or even those who assumed they were safely outside the scope of this regulatory perimeter, should pay close attention as legal challenges to broad interpretations of the definition unfold, says John Coleman at Orrick.

  • Abu Dhabi Ruling Hints At More Arbitration-Friendly Approach

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    The international and comparative rationale an Abu Dhabi onshore court used to decide that an arbitration agreement referencing a defunct arbitration center was still enforceable suggests that the UAE judiciary may be adopting a more flexible, pro-arbitration framework and stabilizing Dubai's arbitration landscape, say attorneys at Reed Smith.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

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