Commercial Contracts

  • October 07, 2024

    ITC Judge Pushes For Import Ban In Liver Drug Secrets Row

    The U.S. International Trade Commission's chief judge is recommending the agency block a Hong Kong-listed drug developer from potentially marketing unapproved treatments for a type of liver disease for the next seven years, a win for another company behind a different unapproved treatment for the same type of liver disease.

  • October 07, 2024

    Chancery Holds Status Quo On Md. Data Center Pending Trial

    Delaware's Court of Chancery issued a partial status quo freeze Saturday on control of a $165 million site development project for a proposed $5 billion gigawatt data center complex near Frederick, Maryland, pending trial on claims that the original project managers had defaulted, but challenged their purported replacement.

  • October 07, 2024

    Justices Won't Hear Commerzbank RMBS Fight With US Bank

    The U.S. Supreme Court on Monday turned down a bid by Commerzbank AG to revive more of its claims against U.S. Bank NA in a long-running lawsuit over pre-2008 residential mortgage-backed securities trusts, declining to review a recent Second Circuit decision in the case.

  • October 07, 2024

    Title Co. Denied Early Win In $13M Hotel Investment Fight

    A California federal judge declined to grant a title company an early win in a lawsuit brought by an investor accusing it of improperly releasing the investor's $13 million contribution to a 17-hotel deal, finding that a dispute remained over multiple factual issues.

  • October 07, 2024

    T-Mobile Contractor's $27M Phone Order Suit Gets Cancelled

    A Washington federal judge has again thrown out a mobile phone manufacturer's $27 million lawsuit accusing T-Mobile of reneging on purchase orders — this time, for good — ruling the company's revised claims are still at odds with the carrier's contractual right to cancel.   

  • October 07, 2024

    Nationstar Mortgage Fails To Dodge Proposed Fee Suit Action

    A Washington federal judge refused Monday to let Nationstar Mortgage LLC escape a putative class action accusing the mortgage loan servicer of illegally charging fees for loan payoff statements.

  • October 07, 2024

    Contractor Passed 20K Accounts To Rivals, Security Co. Says

    A Connecticut home security monitoring company has accused a sales contractor of purchasing a list of 20,000 of its accounts from a service technician and trying to lure a colleague into helping him sell the secret data to competitors, causing an alleged "substantial loss of customers."

  • October 07, 2024

    Aircraft Co. Says Insurers Owe $222M For Lost Jets In Russia

    An aircraft lessor said its insurers and underwriters are on the hook for more than $222 million in losses stemming from two aircraft that have been stranded in Russia since its invasion of Ukraine, telling a Connecticut state court the total loss of the aircraft warrants coverage.

  • October 07, 2024

    Henderson Franklin Adds Tax Pro To Florida Offices

    A tax attorney who formerly practiced at Stradling Yocca Carlson & Rauth PC has joined Henderson Franklin Starnes & Holt PA's business and tax planning department and will work from the firm's Florida offices in Fort Myers and Naples.

  • October 07, 2024

    Vendor Says Rue21 Skipped $2M In Bills For Clothing

    A Los Angeles-based clothing supplier has sued Rue21, saying the fashion retailer stiffed it on $300,000 worth of invoices and is on the hook for $1.7 million to another vendor.

  • October 07, 2024

    NJ City Sues To Halt Hudson Riverfront Development

    The Hoboken Planning Board has turned into a rubber stamp for developers including a duo that wants to build towers that will impede the view from the scenic Palisades cliffs, a neighboring city alleged in a New Jersey state court lawsuit.

  • October 07, 2024

    Calif. Landlord Sued By Tenants Over 'Hidden' Rent Fees

    A California multifamily landlord responsible for over 60,000 apartments wrongfully charged tenants "hidden and misleading" rent fees, a proposed class of tenants has claimed in California federal court.

  • October 07, 2024

    Brothers' $10B Real Estate Battle Nets Another $11.6M In Fees

    A California judge granted over $11 million in attorney fees Monday to a man who prevailed in a 20-year legal battle with his brother over a real estate empire when a jury awarded him and his other brothers a $10 billion verdict, granting the bulk of the request.

  • October 07, 2024

    Justices Won't Review 9th Circ. Case On Service Issue

    The U.S. Supreme Court declined on Monday to review a Ninth Circuit decision enforcing an arbitral award favoring a Los Angeles-based film production company over a 2020 Jessica Chastain movie, in a case that raised a technical question relating to service of process on foreign parties.

  • October 07, 2024

    CM Law Grows With Litigation Partners In NY, DC And Texas

    CM Law PLLC, formerly known as Culhane Meadows Haughian & Walsh PLLC, has grown with the addition of three litigation partners in New York; Washington, D.C.; and Texas.

  • October 07, 2024

    Mass. High Court Reluctant To Kill Lost Value Policy Exclusion

    Massachusetts' highest court on Monday appeared likely to reject a challenge to standard auto insurance policy language that excludes coverage for the dip in resale value of a vehicle after a crash.

  • October 07, 2024

    NC Paper Mill Says Buyer Can't Ditch Deal Over Flood Damage

    The owners of a shuttered paper mill in flood-ravaged western North Carolina are suing a development group for threatening to walk away from a contract to buy and redevelop the site, saying the group can't use Hurricane Helene as an excuse to slash the price.

  • October 04, 2024

    Top 5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.

  • October 04, 2024

    Pa. Noncompete Ban Challenger Drops Case After Stay Denied

    A Pennsylvania tree service company Friday relinquished its lawsuit challenging the Federal Trade Commission's recent ban on noncompete agreements after a federal judge in the Keystone State denied the company's bid to pause its case despite another judge blocking the ban.

  • October 04, 2024

    Attys Tried To Coerce Client For Larger Fee, Texas Court Rules

    A Texas appeals court found that two attorneys tried to finagle a higher fee out of their client by threatening her with a lawsuit if she didn't fork over a larger amount than was specified in their contract, with the three-judge panel overruling all the attorneys' issues.

  • October 04, 2024

    Rebel Wilson Says 'The Deb' Producers Embezzled, Harassed

    Rebel Wilson has responded to defamation claims from the producers of the musical film "The Deb" with a countersuit in California state court, alleging that the producers engaged in "a troubling pattern of egregious and illicit behaviors, including theft, bullying and sexual misconduct" while involved with the film.

  • October 04, 2024

    Apple Sued For Booting Music App Amid YouTube IP Fight

    A music streaming service has sued Apple Inc. in California federal court for allegedly removing it from the app store based on an unsubstantiated complaint of intellectual property infringement sent in by YouTube.

  • October 04, 2024

    11th Circ. Sends Tribal Loan Dispute Back For Arbitration

    An Eleventh Circuit panel has reversed and remanded a lower court's ruling that a Tampa-based consumer collection company cannot compel arbitration in a bid seeking payment on a tribally owned firm's loans, arguing provisions of the agreements require such proceedings under tribal and federal law.

  • October 04, 2024

    Martin Selig Fights Founder Deposition In Renovation Bill Suit

    Affiliates of Martin Selig Real Estate told a Washington state court that the company's founding billionaire should not be deposed in a suit brought by a tenant of the Seattle Federal Reserve building over the bill for renovation work at the property.

  • October 04, 2024

    Kraft Heinz Sued In Ga. For Stealing Distributor Database

    The Kraft Heinz Co. has been slapped with a complaint in Georgia federal court accusing it of downloading hoards of information from an Atlanta-based company's database of international distributors and passing it off as its own to generate as much as $25 million in revenue, in breach of the company's licensing agreement.

Expert Analysis

  • Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling

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    The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Considering Noncompete Strategies After Blocked FTC Ban

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    A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Notable Q2 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

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