Commercial Contracts

  • 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.

  • January 10, 2025

    ESPN, Fox, Warner Bros. Abruptly Scrap Sports Streaming JV

    ESPN, Fox and Warner Bros. Discovery called off their Venu joint live sports streaming venture Friday, just days after ESPN parent company The Walt Disney Co. used the acquisition of a majority stake in streaming startup FuboTV Inc. to nix Fubo's challenge to Venu on the courthouse steps.

  • January 09, 2025

    Amazon Loses Bad Faith Claims Against Nokia At ITC

    A U.S. International Trade Commission judge has shot down Amazon's arguments that Nokia failed to offer reasonable or nondiscriminatory patent license terms, ruling instead that Amazon was infringing a series of Nokia patents related to video technology.

  • January 09, 2025

    Tribe's Atty Looks To Ax Remaining Claims In $14.6M Suit

    An attorney who has represented the Modoc Tribe of Oklahoma as general counsel has asked a federal judge in a $14.6 million racketeering and breach of contract dispute against a computer management company to toss the case or pause it pending a circuit court appeal.

  • January 09, 2025

    Amazon Can't Cancel Audible Auto-Enrollment Suit

    A Washington federal judge declined to toss a California consumer's proposed class action over Amazon's Audible auto-enrollment practices on Wednesday, emphasizing the plaintiff has now specified she never received any emails outlining the terms of the subscription she was allegedly registered for after redeeming a promotional offer.

  • January 09, 2025

    Texas Oil Well Operator's Ch. 11 Plan Approved With Releases

    Oil well operator Independence Contract Drilling received approval Thursday from a Texas bankruptcy judge for its Chapter 11 reorganization plan, which includes consensual third-party releases.

  • January 09, 2025

    5 Things Executive Pay Attys Should Keep An Eye On In 2025

    Tesla chief executive Elon Musk will be seeking a green light for a $56 billion pay package while a new administration in the White House may scuttle proposed incentive pay regulations and a ban on noncompete agreements. Here, Law360 looks at five things executive compensation lawyers will be following in the new year.

  • January 09, 2025

    DirecTV, Dish Say Sports Streamer Harmful Despite Fubo Deal

    DirecTV and Dish are hoping to pump the brakes on any immediate plans to unwind a New York federal court's injunction stopping the ESPN, Fox and Warner Bros. Discovery joint sports venture from hitting the market after Disney announced its majority acquisition of the deal's biggest challenger, Fubo, this week.

  • January 09, 2025

    College Hoopers Ask NC Justices To Hear Free Speech Row

    Eight former Lenoir-Rhyne University women's basketball players and their team manager urged the North Carolina Supreme Court to take up their case claiming the school breached its contracts by removing them from its team for speaking up about racial issues.

Expert Analysis

  • Key Territory-Split Licensing Lessons For Life Sciences Cos.

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    Territory-split deals can allow life sciences companies to maximize products' potential across a range of geographic areas, but these deals also present unique challenges requiring highly bespoke structures that can make or break the value of an asset, say attorneys at Covington.

  • Notable Q3 Updates In Insurance Class Actions

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    Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Opinion

    In Visa Case, DOJ Continues To Misapply The Sherman Act

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    The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Key Legal Considerations After Supply Chain Disruptions

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    After U.S. supply chain disruptions — like the recent port workers' strike, and Hurricanes Helene and Milton — stakeholders should look to contractual provisions to mitigate losses, and keep in mind that regulators will be watching closely for unfair shipping practices, say attorneys at Holland & Knight.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • Why Secured Lenders Must Mind The Gap In UCC Searches

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    If not adequately addressed, the Uniform Commercial Code filing indexing gap can interfere with a lender's expected lien priority, but taking appropriate preclosing actions and properly timing searches can eliminate this risk, says Robert Wonneberger at Barclay Damon.

  • The Fed. Circ. In October: Aetna And License-Term Review

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    The Federal Circuit's recent decision that Aetna's credit card licensing agreement with AlexSam did not give the insurer immunity from patent infringement claims serves to warn licensees to read their contracts carefully, say attorneys at Knobbe Martens.

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

  • Reading Tea Leaves In Fed. Circ. Deep Dive On Review Scope

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    Roy Wepner at Kaplan Breyer investigates why a recent Federal Circuit opinion spent six pages explaining its unsurprising conclusion on proper scope of review — that no deference need be afforded to the trial court in a case dismissed for failure to state a claim.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

  • NC Ruling Takes Practical Approach To Duty-To-Defend Costs

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    In Murphy-Brown v. Ace American Insurance, a case of first impression, the North Carolina Business Court adopted the commonsense rationale of many state courts in holding that policyholders' defense costs should be deemed presumtively reasonable when a insurer breaches its duty to defend, say attorneys at McGuireWoods.

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