Commercial Contracts

  • May 31, 2024

    3rd Circ. Preview: Labor Battles Heat Up In June

    Several cases are heating up the Third Circuit argument calendar in June, including a home care company's attempt to duck a $7 million payout to thousands of workers who claimed the company violated the Fair Labor Standards Act by not compensating them for travel time.

  • May 31, 2024

    Jilted FTX Claim Buyer Sues Crypto Trader In Chancery

    An affiliate of Connecticut hedge fund Silver Point Capital has sued a crypto trading firm and a buyer of FTX bankruptcy claims in Delaware Chancery Court, alleging that they breached a sale agreement for "a highly unique and lucrative customer claim" with a face value of $10 million in the FTX bankruptcy case.

  • May 31, 2024

    NY Appeals Court Backs Trimming Of 50 Cent Liquor Spat

    A New York appeals court has said a lower court rightly dismissed some components of a suit brought by a fine liquors company owned by rapper 50 Cent, allowing Jim Beam and its parent company to escape the rapper's claims they aided a fraud and rejecting his request for punitive damages and attorney fees.

  • May 31, 2024

    COVID Test Contract Suit 'Cries Out' For Jury, NC Judge Says

    A fight between two companies over a doomed distribution deal for COVID-19 tests has gone from "ships passing in the night" to not even "sailing in the same ocean," a North Carolina Business Court judge said, paring the case for trial.

  • May 31, 2024

    Off The Bench: NCAA Transfers Freed, Atty Plays Cards Right

    In this week's Off the Bench, the NCAA agrees to more historic rule changes while experts examine its post-House settlement future, and a patent lawyer looks back at his transformation into a poker champion.

  • May 31, 2024

    Colo. Justices Agree To Weigh In On Blackstone Lease Row

    Colorado's high court agreed Wednesday to answer two key questions in a putative class action against Blackstone subsidiaries, after a federal judge said tenants' claims alleging the companies' lease agreements violate state law present novel legal issues with little case law to provide guidance.

  • May 31, 2024

    Contractor, Insurers Settle NYC Four Seasons Coverage Row

    A New York federal judge dismissed a general contractor's suit seeking coverage from two insurers for an underlying $1 million action over damage to a Four Seasons hotel in midtown Manhattan, saying the parties have reached a proposed settlement.

  • May 31, 2024

    Smith Gambrell Faces Slimmed Data Breach Suit

    A California federal judge has trimmed the claims a proposed class of data breach victims brought against international law firm Smith Gambrell & Russell LLP, leaving the firm to face claims of negligence, invasion of privacy and violation of the California Unfair Competition Law.

  • May 31, 2024

    Robins Kaplan Can't Escape Sanction Over Dropbox Access

    A New York state appeals court has upheld the $156,000 sanction on litigation funding firm KrunchCash and its counsel Robins Kaplan LLP for poking through an opposing party's Dropbox database that was accidentally shared in a $10 million suit, finding that they knew or should have known it was privileged information.

  • May 31, 2024

    Steptoe Adds To Employment Department In Pittsburgh Office

    A commercial litigator's plan to refocus her practice on employment law prompted a recent move to Steptoe & Johnson PLLC's Pittsburgh office after more than eight years with Sherrard German & Kelly P.C.

  • May 31, 2024

    4th Circ. Won't Revive NC Homeowners' Storm Coverage Suit

    The Fourth Circuit refused on Friday to revive a suit brought by the owners of a North Carolina beach house accusing certain underwriters at Lloyd's London of stalling a $1 million payout over hurricane damage.

  • May 31, 2024

    Child Care Center Says Insurer Duped It Into Less Coverage

    A Texas child care center says that Century Surety Co. made false claims when it came time to renew an insurance policy, telling a federal court Thursday that the insurance company duped it into signing a policy that had coverage well below what the center thought it was getting.

  • May 31, 2024

    Judge Rejects Home Service Workers' Class Cert. Redo Bid

    A Colorado federal judge once again refused to fully certify a putative class of home service professionals who accused HomeAdvisor Inc. and other parties of running a scheme where poor quality customer leads were generated and sold to home service professionals.

  • May 31, 2024

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

    This past week in London has seen financier Crispin Odey file a defamation claim against the Financial Times, Ford hit with the latest "Dieselgate" claim and a human rights activist bring a privacy claim against Saudi Arabia. Here, Law360 looks at these and other new claims in the U.K.

  • May 31, 2024

    GRSM50 Brings On Clausen Miller Insurance Pro In SF

    Gordon Rees Scully Mansukhani LLP, which now goes by the name GRSM50, is expanding its team, announcing Thursday it is bringing on a Clausen Miller PC insurance specialist as a partner in its San Francisco office.

  • May 30, 2024

    Trump's Niece Can't Escape His Suit Over NYT Tax Story

    A New York appellate panel ruled Thursday that former President Donald Trump can pursue claims that his niece, Mary Trump, breached a confidentiality agreement by sharing his tax records with The New York Times, handing him a legal win the same day he was convicted of 34 felony counts.

  • May 30, 2024

    Healthcare Data Co. Says Blocked Access Could Kill Patients

    A healthcare data company asked a Maryland federal court on Thursday to stop a rival from blocking access to nursing home patient records it said are needed to identify potential complications that could lead to hospitalization or death.

  • May 30, 2024

    Madonna Fan Didn't Cherish Late Show With Nudity, Suit Says

    Madonna and four concert venues were hit with a class action in California state court Wednesday by a fan who says he purchased a $500 ticket to see the pop singer in an "uncomfortably hot" arena that featured a lip-syncing star who took the stage very late with "pornographic" topless dancers.

  • May 30, 2024

    X Corp. Aims For 'Jugular' In Defamation Suit, Watchdog Says

    Media Matters for America says X Corp. shouldn't be allowed to target the left-leaning media watchdog's "financial jugular" by accessing its donor lists or its most sensitive financial documents, asking a federal judge Wednesday to reject the social platform's attempt to force production of the documents in a defamation suit.

  • May 30, 2024

    Jury Awards Electric Jet Startup $72M In Boeing IP Case

    A Washington federal jury said Thursday that The Boeing Co. should pay Zunum Aero Inc. $72 million for misappropriating the electric jet startup's trade secrets and souring a deal with a potential investor, in an award partially subject to trebling under state law.

  • May 30, 2024

    Venezuelan Oil Co. Looks To Slip Asset Seizure Suit

    An Oklahoma-based oil drilling company insisted Thursday that the D.C. federal court has jurisdiction to decide claims that the company's Venezuelan subsidiary was illegally expropriated without compensation as Venezuela's state-owned oil company looks to slip the long-running suit.

  • May 30, 2024

    BNSF Says It Owes Tribe Up To $30M For Oil Train Trespasses

    BNSF Railway Co. said Wednesday it should pay a Washington tribe either $10 million or $30 million for years of illegally running oil cars across tribal territory, after a federal judge rejected both the railroad's $7 million and the tribe's $445 million calculations. 

  • May 30, 2024

    Sorority, Ex-Affiliate End Trademark Suit After Mediation

    A sorority and a former affiliate have agreed to scrap a trademark dispute alleging the affiliate continued to use the sorority's name and symbols after their relationship had been severed.

  • May 30, 2024

    StubHub Owes TicketManager $16M For Breach, Jury Says

    A Los Angeles jury has found following a monthlong trial that StubHub owes more than $16 million for breaching its contract with Spotlight Ticket Management, which does business as TicketManager, and interfering in the company's relationship with American Express.

  • May 30, 2024

    Pipe Co. Says Appeals Court Erred In Indemnity Claim Waiver

    A steel pipe manufacturer asked Texas' Supreme Court to scrap an appellate court ruling it waived its ability to challenge a trial court order requiring it to defend another manufacturer in a multimillion-dollar suit over faulty pipes, saying the appellate panel should have concluded the company was challenging the decision.

Expert Analysis

  • When Patients Have Standing For Hospital Antitrust Suits

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    Brown v. Hartford Healthcare Corp., recently decided by a Connecticut state court, provides a useful examination of how antitrust standing issues may be analyzed when patients directly sue a healthcare system for anti-competitive conduct, says Charles Honart at Stevens & Lee.

  • Insurer's '600-Lb. Life' Win Shows Why Fraud Suits Don't Stick

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    A Texas federal court’s recent ruling that Philadelphia Indemnity Co. did not fraudulently induce Megalomedia, the production company behind reality show “My 600-Lb. Life,” into purchasing insurance, demonstrates why a policyholder’s fraudulent inducement claim against an insurer will rarely succeed, says Robert Tugander at Rivkin Radler.

  • What 3rd Circ. Gets Wrong About Arbitration Enforcement

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    The Third Circuit and other courts should correct their current law, exemplified by the Third Circuit's recent decision in Henry v. Wilmington Trust, requiring a motion to dismiss based on an arbitration clause because it conflicts with the Federal Arbitration Act, the Federal Rules of Civil Procedure, and — with regard to the improper-venue approach — U.S. Supreme Court precedent, says David Cinotti at Pashman Stein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Inside DOD's Final Commercial Products And Services Rule

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    The recently released final amendment of a Defense Federal Acquisition Regulation Supplement provision will help streamline negotiations over subcontracts that provide commercial products and services, but its failure to address certain key questions means government contractors must still await further guidance, say Alex Sarria and Connor Farrell at Miller & Chevalier.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Expect CFPB Flex Over Large Nonbank Payment Cos.

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    A recent enforcement action and a new rule proposal from the Consumer Financial Protection Bureau indicate a growing focus on the nonbank payment ecosystem, especially larger participants, in 2024, say Felix Shipkevich and Jessica Livingston at Shipkevich.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • IRA Monetization Energizes Clean Power Tax Credit Market

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    Recent large sales of clean energy production tax credits reflect an environment in which the Inflation Reduction Act's provisions for monetizing such credits via direct transfer — bypassing slow, costly tax equity transactions — offer opportunities for both developers and investors, says Andrew Eastman at Husch Blackwell.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Pay Attention To Contract Law Tenets Amid AI Incorporation

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    Providers of information technology products and services are rushing to market with various generative artificial intelligence-based solutions and attempting to unilaterally amend existing agreements with their customers, but parties should beware that such amendments may be one-sided, say Jeffrey Harvey and Sharon Harrington at Hunton.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

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