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Commercial Contracts
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September 17, 2024
Texas Fertility Clinic Hid 'Catastrophic' Lab Issue, Couples Say
Five couples accused a Houston fertility institute of hiding "catastrophic" laboratory issues that affected patients' embryos, saying in a lawsuit that the entity instead injected multiple hopeful mothers with "dead or dying" eggs.
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September 17, 2024
Ashurst Hires Fintech Pro From EY Law In London
Ashurst LLP has recruited an expert in financial technology from EY Law to strengthen its capability to advise clients on digital transformation projects.
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September 16, 2024
CEO's AI Fraud Detection Tool Contract Was Fraud, Feds Say
A former technology company CEO has pled guilty to a charge that he cooked his company's books and raised tens of millions of dollars from investors off phony claims that an artificial intelligence program his firm developed was being used to spot digital ad fraud, the Manhattan U.S. Attorney's Office said Monday.
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September 16, 2024
9th Circ. Won't Review Tribal Jurisdiction In Virus Suit
An en banc panel of the Ninth Circuit on Monday upheld a panel's finding that the Suquamish Tribal Court has jurisdiction over the tribe's coronavirus coverage dispute with its insurers, though a dissent claimed the panel decision "gutted any geographic limits of tribal court jurisdiction."
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September 16, 2024
Swedish Amazon Aggregator Files Ch. 15 To Halt Arbitration
Swedish Amazon aggregator Go North Group AB, a business that consolidates small sellers into one platform, filed for Chapter 15 recognition in a New York bankruptcy court Monday, aiming to halt arbitration over a post-merger earnout dispute until it completes a roughly $75 million reorganization in its home country.
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September 16, 2024
Wilson Sporting Goods Says Broken Deal Cost $1.2M In Sales
Wilson Sporting Goods will lose out on at least $1.2 million in sales because Gators Baseball Academy unlawfully terminated their equipment exclusivity agreement, inked a new arrangement with a third party behind Wilson's back, and refused to mediate the dispute, according to a lawsuit lodged in Illinois federal court Monday.
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September 16, 2024
Longtime Cooley Litigator Jumps To Jackson Lewis In Calif.
Jackson Lewis PC has expanded its Orange County, California, office with a longtime employment litigator who spent more than two decades with Cooley LLP.
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September 16, 2024
Boeing To Pay Embraer $150M To End Failed JV Arbitration
The Boeing Co. will pay Brazilian aircraft manufacturer Embraer SA $150 million to resolve arbitration proceedings related to joint venture agreements the two entered into in 2019 that never materialized, Embraer revealed Monday.
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September 16, 2024
DraftKings, FanDuel Sued Over Use Of MLB Player Images
Sports betting giants including DraftKings and FanDuel have been using photographs of MLB players to promote sports betting offerings despite knowing they do not have such rights, a division of the Major League Baseball Players Association alleged in separate lawsuits filed Monday in Pennsylvania and New York.
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September 16, 2024
CoStar Subscriber Settles Suit Over Property Records Access
Real estate data and analytics provider CoStar Group Inc. has reached a deal with former subscriber Leon Capital Group LLC to settle its claims that Leon downloaded property records from CoStar's database that it was not authorized to access, in a deal that permanently bars Leon Capital from accessing CoStar's data without authorization.
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September 16, 2024
McCarter & English's Misstatement Won't Nix Malpractice Win
A New Jersey state judge has refused to toss his decision dismissing a biotechnology company's legal malpractice lawsuit against McCarter & English LLP, finding that the firm's misstatement about the chronology of earlier litigation — repeated in the judge's opinion — did not warrant reviving the case.
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September 16, 2024
Titanic Shipbuilder Sinks Under Weight Of Debt
Struggling shipbuilder Harland & Wolff said Monday that it plans to enter into administration and remove its shares from the London Stock Exchange after failing to win a £200 million ($264 million) government loan to help offset money owed to creditors.
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September 13, 2024
The 2024 Regional Powerhouses
The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.
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September 15, 2024
Cannabis Co. Nabs $150M '1st-Of-Its-Kind' Credit Facility
Green Thumb Industries Inc. secured a $150 million credit facility led by Valley National Bank as it looks to refinance debt in what the company billed as "a first-of-its-kind credit facility for the U.S. cannabis industry."
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September 13, 2024
Conn. High Court Snapshot: Firm's Bill Battle Rages In Sept.
The Connecticut Supreme Court's September case lineup tasks the justices with helping a federal court judge decide if McCarter & English LLP can fetch punitive damages in a billing battle with an ex-client, and if parents suing Target and others can be compensated for the impairment of their relationship with their injured child. Here, Law360 previews some highlights of the high court's argument schedule for the month.
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September 13, 2024
Sandoz Awarded $137M In Generic Hypertension Drug Fight
United Therapeutics Corp. owes Sandoz Inc. $137.2 million for conduct that breached an earlier settlement agreement between the parties and effectively blocked the sale of Sandoz's generic version of an injectable drug to treat hypertension, a New Jersey federal judge has ruled.
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September 13, 2024
Insurer Says Ga. Club's Coverage Ends When Guns Come Out
Trisura Specialty Insurance Co. has asked a Georgia federal court to rule that it should not be held liable for claims arising from a January 2022 shooting at a bar that injured several patrons.
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September 13, 2024
Trio Of BigLaw Mergers Expected To Drive More Deal Talks
After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.
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September 13, 2024
UFCW Pushes Supermarket To Produce Records In Labor Row
The United Food and Commercial Workers Local 400 asked a federal judge to compel a grocery store to comply with a subpoena for records relating to grievances about workers' hours and pay.
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September 13, 2024
Property Developer Claims To Be Target Of Legal 'Vendetta'
The director of a defunct property developer has hit back against a claim that accuses him of breaching his duties to the company, as he argued that the "vexatious" case was brought as part of a "vendetta" by his former co-directors.
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September 13, 2024
Plane Leaser Avolon To Fly Away With Aircraft Fleet For $5B
Avolon Ltd. said Friday that it has agreed to buy a portfolio of nearly 120 aircraft indirectly owned by U.S. alternative investment manager Castlelake LP for $5 billion as the aviation leasing giant looks to accelerate its growth.
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September 13, 2024
FuboTV Antitrust Trial Against Disney Set For Fall 2025
FuboTV's antitrust trial against the launch of a new sports streaming service by The Walt Disney Co., Fox Corp. and Warner Bros. Discovery is set to begin Oct. 6 next year, according to a court filing Thursday.
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September 13, 2024
Finnish Sports Agency Seeks Over $1M For Broken NHL Deal
A Finland-based sports management agency claims a Massachusetts man has engaged in an ongoing fraudulent scheme to avoid paying more than $1 million in arbitration awards he owes under a deal to represent Finnish players in the NHL.
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September 13, 2024
Energy Biz Wants To Claw Back £3.8M From Waste Plant Deal
An energy business has sued the directors of a waste management company that it acquired for almost £40 million ($52 million), alleging that it overpaid for shares in the business because of a mistake that overstated the capacity and output of a food waste processing plant.
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September 13, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a football agent sue Chelsea FC after being cleared of allegations he threatened the club’s former director, an ongoing patent dispute between Amgen and Regeneron Pharmaceuticals, and a private school in Edinburgh suing Riverstone Insurance over compensation claims tied to historical abuse allegations made by former pupils. Here, Law360 looks at these and other new claims in the U.K.
Expert Analysis
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Series
Fishing Makes Me A Better Lawyer
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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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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DC Circ. Ruling Heightens HHS Contract Pharmacy Challenges
The D.C. Circuit's recent ruling that the Section 340B program does not bar manufacturers from restricting deliveries of discounted drugs to contract pharmacies represents a second strike against the U.S. Department of Health and Human Services' current contract pharmacy policy and raises the stakes surrounding an upcoming Seventh Circuit ruling on the same issue, say attorneys at Foley Hoag.
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Trending At The PTAB: Real Party In Interest And IPR
The Patent Trial and Appeal Board’s recent Luminex v. Signify decision, finding a complaint seeking indemnification may be treated as a public demand sufficient to establish a real party-in-interest, shows that the board continues to apply a broad and expansive definition to that term, say Yicong (Eve) Du and Yieyie Yang at Finnegan.
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How Employers, Attorneys Can Respond To Noncompete Ban
As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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CFPB's Expanding Scope Evident In Coding Bootcamp Fine
The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.
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4 Arbitration Takeaways From High Court Coinbase Ruling
The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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The Effects Of New 10-Year Limitation On Key Sanctions Laws
Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.
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Supply Chain Considerations For Companies Deploying AI
Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.