Commercial Contracts

  • March 19, 2025

    'Weird' Mass Arb. Fights Have Judge Questioning FAA's Reach

    A California federal judge who held Verizon's arbitration agreements to be unconscionable told a law forum panel Wednesday in San Diego that the rise of mass arbitration cases and companies' increasingly "creative" efforts to avoid arbitration has him finding the process "weird" and asking, "What's wrong with the courts?""

  • March 19, 2025

    Texas Justices OK With Venue Appeal Despite 'Politics' Involved

    A Texas Supreme Court justice lamented Wednesday that venue choice has become "a matter of politics," but told counsel for the family of a girl killed when a bus ran into her that the law seemingly gives the opposing party the right to appeal a venue decision from the trial court.

  • March 19, 2025

    Netlist, Samsung Contract Fight Gets New Judge Mid-Retrial

    The third trial in a dispute over whether Samsung Electronics Co. breached a patent licensing agreement with chipmaker Netlist Inc. was reassigned to a new California federal judge Wednesday on its second day, after the long-running case's previous overseer recused due to concerns about his impartiality being questioned.

  • March 19, 2025

    Toxic-Loft Suits Too Late, But Owners Share Blame, Jury Says

    A California state jury in Los Angeles found Wednesday that 20 residents of an art loft building waited too long to file toxic exposure claims, but suggested that the building owners caused the delays, triggering further proceedings before a judge.

  • March 19, 2025

    Fla. Wellness Promoter Sued Over Disloyalty, $13M Side Gig

    An investment management firm has sued a longevity expert and human biologist in Florida state civil court over disloyalty in a wellness business venture, alleging he ran a $13 million business on the side despite having a noncompete agreement requiring him to devote most of his time to the company.

  • March 19, 2025

    Samsung, LA Resident Settle Galaxy Wristband PFAS Suit

    A California federal judge Wednesday closed the book on a Los Angeles resident's proposed class action alleging Samsung Electronics America Inc. uses "forever chemicals" in the wristbands it sells for its smartwatches and fitness trackers, the same day the parties reported reaching a resolution.

  • March 19, 2025

    Ill. Justices Probe Wholesalers' Knowledge Of Tainted Cilantro

    Justices on Illinois' top court on Wednesday pressed attorneys in a case over allegedly contaminated cilantro to address when two wholesalers had actual knowledge the product may have made people sick, and what moment triggered a duty by a distributor to give notice for an implied warranty of merchantability claim.

  • March 19, 2025

    Texas Justices Skeptical Boeing Can Dodge Airline Union Suit

    Texas Supreme Court justices seemed wary of Boeing Co.'s argument that a pilot's union can't sue over lost compensation after a pair of deadly crashes involving the company's 737 Max airplanes, saying during oral arguments Wednesday it was seemingly making "policy arguments for Congress."

  • March 19, 2025

    8th Circ. Upholds No-Coverage Ruling In Floor Paint Suit

    A flooring company's insurer has no duty to cover roughly $134,000 in costs to remove and replace a vinyl floor because of a subcontractor's shoddy painting, the Eighth Circuit ruled Wednesday, rejecting the company's position that an exception in a faulty work exclusion applied to restore coverage.

  • March 19, 2025

    Judge Carves Up Arkansas Cherokee Casino License Dispute

    Cherokee Nation businesses can proceed with three of their claims against Arkansas in a dispute over the revocation of a casino license, a federal court judge said, while allowing the state to nix allegations that the tribal entities were deprived of equal protection and substantive due process.

  • March 19, 2025

    Revlon Settles Trade Secrets Case Over Britney Spears' Scent

    A federal court signed off on settlements ending Revlon's trade secrets case against an upstart Italian beauty brand, and one of its former marketing executives, who were both accused of stealing trade secrets when luring Britney Spears' perfume line abroad.

  • March 19, 2025

    NC Captive Insurer's Owner Can't Shirk Self-Dealing Claims

    North Carolina's business court has largely rejected a majority shareholder's efforts to curtail claims he seized control of a captive insurance company only to run it into the ground, finding the suit sufficiently ties him to unpaid premiums that dried up the insurer's sole source of revenue.

  • March 19, 2025

    Insurers Say $40M Retirement Row Settlement Not Covered

    Three excess insurers told a California federal court they should owe no coverage toward a $40 million settlement a third-party administrator of a church retirement's plan reached to resolve class action claims that it participated in a self-dealing scheme, arguing the claims predate the period they insured.

  • March 19, 2025

    Law360 Announces The Members Of Its 2025 Editorial Boards

    Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.

  • March 19, 2025

    Legal Advertising Co. Escapes Texas Hurricane Ad Suit

    An Arizona-based legal advertising company has ducked barratry claims in Texas over its efforts to attract victims of Hurricane Ida, with a state appeals panel affirming a trial court's ruling that the state court lacked jurisdiction over the company's work with Louisiana residents.

  • March 19, 2025

    Healthcare Consultant Says Tufts Medicine Owes $1M

    Hospital operator Tufts Medicine has failed to pay more than $1 million in fees and commissions to healthcare consulting group Sellers Dorsey & Associates LLC, according to a lawsuit filed in Massachusetts state court.

  • March 18, 2025

    TV Director Used Stolen Netflix Cash To Sue Netflix, Feds Say

    Federal prosecutors say film and television director Carl Rinsch secured millions from Netflix to make a science fiction television show only to use that money on personal expenses including trading cryptocurrency, antiques, a Ferrari, five Rolls-Royces and even lawyers to sue Netflix for more money, according to an indictment unsealed Tuesday.

  • March 18, 2025

    Ben & Jerry's Says Unilever Is Forcing Out CEO Over Politics

    Ben & Jerry's parent company Unilever is illegally trying to force out the ice cream company's CEO as punishment for him standing his ground and defending its "social mission" as Unilever attempts to block certain political statements, particularly those that could offend Donald Trump, according to a proposed amended complaint filed Tuesday.

  • March 18, 2025

    Amazon Asks To Claw Back Docs In Consumer Antitrust Suits

    Amazon has asked a Washington federal court to allow it to claw back three documents it has deemed as privileged from consumers in a trio of proposed antitrust class actions, saying that the plaintiffs are refusing to return or destroy them after quoting them in their motion for class certification.

  • March 18, 2025

    'Disturbed' Singer Down With Sickness From Mold Sues Landlord

    The lead singer of the rock band Disturbed has brought a lawsuit against the owner of the Miami-area digs he was renting for $18,500 a month, saying mold spawned by a leaky roof created a condition that impacted his ability to tour with his band.

  • March 18, 2025

    Netlist Slams Samsung's 'Abuse Of Power' As 3rd Trial Begins

    Samsung Electronics Co. engaged in a "raw abuse of power" when it breached the terms of a patent licensing agreement with chipmaker Netlist Inc., a jury heard Tuesday as the contract dispute went to trial for the third time in California federal court.

  • March 18, 2025

    Norfolk Southern Asks Justices To Skip CSX's Antitrust Case

    There's no reason the U.S. Supreme Court should disturb a Fourth Circuit ruling finding railway giant CSX waited too long to bring an antitrust lawsuit against Norfolk Southern over a switching line the two companies have been fighting over for years now, Norfolk has told the justices.

  • March 18, 2025

    Amazon Denied Quick Appeal For E-Book Antitrust Claims

    A New York federal court denied Amazon's request to immediately appeal a district court's refusal to toss a proposed class action accusing it of monopolizing the e-book market, saying the e-commerce giant just disagrees with the decision.

  • March 18, 2025

    Curaleaf Cos. Say Illegal Contract Nixes Farm's $32M Verdict

    Curaleaf units that lost a $31.8 million trial in January are urging a Michigan federal court to wipe out the verdict, saying the contract at issue violates federal law, warranting either a judgment as a matter of law or a new trial.

  • March 18, 2025

    DraftKings Must Face Claims In MLB Players' NIL Suit

    DraftKings has failed to convince a Pennsylvania federal judge to toss a lawsuit against it claiming the company unlawfully used images of MLB players for promotional purposes, as the court rejected the argument that using the pictures was protected speech.

Expert Analysis

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • A Legal Perspective On NYC's Retail Real Estate Evolution

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    As New York City's retail market begins to show signs of resilience after the challenges of recent years, landlords must be cognizant of legal implications from shifting trends toward shorter-term leases and pop-up stores, says Andrea Gendel at Pryor Cashman.

  • The Fed. Circ. In October: Anti-Suit Injunctions And SEPs

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    The Federal Circuit's holding in Ericsson v. Lenovo, a complex global case involving standard-essential patents, will likely have broad consequences for practitioners, including by making it easier to obtain an anti-suit injunction, say attorneys at Knobbe Martens.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • How CFIUS' Updated Framework Affects Global Investors

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    The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.

  • Service Providers Must Mitigate 'Secondary Target' Risks

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    A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • OpenAI's Patent Pledge Is Not All It Seems

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    A recent statement that OpenAI won't assert its own patents is more of an aspiration than an obligation, and should prompt practitioners to think deeply about the underlying legal mechanisms of patent and contract law when determining the effectiveness of similar nonassertion pledges, say attorneys at McDonnell Boehnen.

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