Commercial Contracts

  • February 28, 2025

    9th Circ. Keeps Mass Starz Privacy Arbitration Consolidated

    The Ninth Circuit on Friday refused to allow a consumer whose video privacy arbitration claims against Starz Entertainment LLC have been merged with more than 7,000 similar allegations to break off from the pack, finding that the television network couldn't be blamed for the current "procedural stalemate" in the consolidated arbitration proceedings. 

  • February 28, 2025

    Ex-USF Ballplayers In Uphill Battle For Sex Harassment Cert.

    A California federal magistrate judge said Friday she is unlikely to certify a class of potentially hundreds of ex-University of San Francisco baseball players in a case alleging that former coaches created a sexually abusive environment, but agreed to hold her decision to review additional information on the claims.

  • February 28, 2025

    Intel Wants License Question Settled Before VLSI Trial In May

    Intel Corp. is asking U.S. District Judge Alan Albright to hold that a license it has with Finjan Holdings also covers patents owned by its affiliates, meaning a jury would only decide whether its litigation foe VLSI Technology is one of those affiliates.

  • February 28, 2025

    8th Circ. Backs Auto Co. Exec's Win In $5M Benefits Suit

    The Eighth Circuit declined Friday to overturn a former chief operating officer's win in his lawsuit accusing an automotive company of reneging on the terms of his deferred compensation plan when he left the firm, saying the company can't rely on nonexistent documents to deny his claim to the funds.

  • February 28, 2025

    Judge Stays Mountain West Exit-Fee Suit For Settlement Talks

    A Denver judge on Friday paused an antitrust case from three universities against the Mountain West Conference over its exit fees, after the parties indicated they were in talks to possibly resolve the lawsuit.

  • February 28, 2025

    Curaleaf Sold Assets Before $32M Verdict, Pot Farm Says

    Two subsidiaries of Curaleaf Holdings Inc. must be forced to immediately pay a $36.8 million jury verdict plus interest owed to a Michigan cannabis farm, the cultivator told a federal judge in a scathing motion, saying the companies feign poverty while spending considerable sums in legal representation.

  • February 28, 2025

    NFL Alums Say Vaccine Fund Misuse Claims Should Fail

    The National Football League's largest alumni organization has hit back at a lawsuit that accused it of forcing a biotechnology company out of a COVID-19 vaccine outreach program, arguing Thursday that no underlying contract exists on which to stake the suit.

  • February 28, 2025

    Mich. Atty Says Ex-Firm Foiling Cases Over Retaliation Suit

    A lawyer urged a Michigan federal judge to pause matters in several state court cases as she alleged her former law firm, Olsman MacKenzie Peacock PC, is using the proceedings to retaliate against her for filing a sexual harassment and hostile workplace suit against it and another firm run by a well-known mediator.

  • February 28, 2025

    Online Test Proctor Sued Over Calif. Bar Exam Malfunctions

    ProctorU Inc., which does business as Meazure Learning, was hit with a nationwide class action in California federal court Thursday for its alleged failure to properly administer the state's February bar exam, despite mounting technical issues during the run-up to the test.

  • February 28, 2025

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

    This past week in London has seen the billionaire Zakay brothers, founders of Topland Group, become embroiled in a legal dispute with each other, Unilever sue three major perfume companies over alleged illegal price-fixing, and the publisher of Vogue magazine file an intellectual property suit against Cornucopia Events. Here, Law360 looks at these and other new claims in the U.K.

  • February 27, 2025

    Split 9th Circ. Won't Let ClassPass Arbitrate Auto-Renew Fight

    A split Ninth Circuit panel Thursday refused to send a proposed class action challenging ClassPass' subscription auto-renewal practices to arbitration, with the majority concluding that its online notices are too "muddled" while a dissenting judge slammed the majority's opinion for purportedly sowing "great uncertainty" in what constitutes a conspicuous notice.

  • February 27, 2025

    US Vision Beats Suit Over 2021 Ransomware Attack

    A New Jersey federal judge has tossed a proposed class action alleging U.S. Vision failed to protect the personal information of more than 710,000 patients following a ransomware attack of its network servers in 2021.

  • February 27, 2025

    $40M Deal OK'd For Suit Over Emergent Vax Flub

    A Maryland federal judge approved a $40 million settlement between Emergent BioSolutions Inc. and a class of investors claiming that it misled them about its ability to meet the demands of two high-profile contracts to produce components of COVID-19 vaccines, leading the stock price to tumble after production deficiencies were discovered.

  • February 27, 2025

    Boeing Rep Must Testify Again In Folded Airline's 737 Max Suit

    A Washington federal judge has partly sided with a defunct South African airline in the latest discovery row in a lawsuit against Boeing over a soured 737 Max deal, ordering the aerospace giant to prepare for another deposition after past corporate representatives purportedly couldn't answer basic questions.

  • February 27, 2025

    Court Reporters Group Says Antitrust Suit Must Be Tossed

    A professional association for court reporters asked a New Jersey federal court on Thursday to toss an antitrust case against the group, saying the proposed class action misconstrues its policies and ignores that states set the certification requirements.

  • February 27, 2025

    Defunct School's $5M Deal For Students Gets Final OK

    A Connecticut judge on Thursday approved a $5 million class action settlement between a shuttered nursing school and students affected by its sudden shutdown, also awarding at least $1.25 million to the Milford firm that spearheaded the litigation.

  • February 27, 2025

    Conn. Firm Windup Fight Belongs In Arbitration, Court Told

    Connecticut attorney Ryan McKeen asked a judge Thursday to pause a derivative lawsuit his onetime 50-50 law partner Andrew Garza brought against him over the dissolution and windup of their firm, arguing that the claims should be heard in arbitration proceedings that were already cleared in a related suit.

  • February 27, 2025

    McCarter & English Wants $3.8M, Ex-Client Wants New Trial

    Scarcely a month after the Connecticut Supreme Court ruled that McCarter & English LLP is not entitled to $3.6 million in punitive damages from a federal fee feud with ex-client Jarrow Formulas Inc., the firm has requested a nearly $3.8 million judgment against the supplement company, while Jarrow has requested reimbursement and a new trial.

  • February 26, 2025

    Matterport Tells Del. Justices Ex-CEO Cash-Out Rulings Flawed

    An attorney for 3-D building imaging company Matterport Inc. and an affiliate told Delaware's Supreme Court on Wednesday that the Court of Chancery relied on a "shockingly expansive" definition of the phrase "immediately following" in a decision that ultimately added $79 million to a former CEO's postmerger cash-out after Matterport's go-public sale.

  • February 26, 2025

    Debt Collectors Accused Of Preying On Fla. Military Members

    Two debt collectors operating in Florida are accused of repeatedly violating the Fair Debt Collection Practices Act by filing lawsuits to collect consumer debt from military service members after the statutes of limitation expired on claims, according to a proposed class action filed Wednesday in federal court in Jacksonville.

  • February 26, 2025

    Skanska JV Owes Ukraine War Cost Hikes, Contractor Says

    A Skanska joint venture is the target of a breach of contract lawsuit from a Microsoft corporate campus construction subcontractor alleging it racked up $10 million in unpaid costs due in part to supply chain disruptions caused by COVID and Russia's invasion of Ukraine.

  • February 26, 2025

    US Chamber Urges 6th Circ. To Back FedEx Pension Suit Toss

    The U.S. Chamber of Commerce urged the Sixth Circuit on Wednesday to affirm dismissal of FedEx retirees' suit alleging their pensions were undervalued due to outdated mortality data used in conversions, warning that a reversal in favor of the proposed class could set off a wave of new benefits litigation.

  • February 26, 2025

    No DQ For Norton Rose In Texas Competition Row, Court Says

    Norton Rose Fulbright shouldn't be disqualified in a competitive spat between two industrial maintenance companies even though the firm has represented both entities in recent years, a state appeals court has ruled.

  • February 26, 2025

    Bowlero Strikes California Bowling With Contract Breach Suit

    Bowling giant Bowlero, which owns and operates the Professional Bowlers Association, has filed a breach of contract suit against California Bowling LLC in New York federal court, alleging that the Texas-based bowling company tried to terminate an agreement more than a year before it expired and that it owes Bowlero nearly $300,000.

  • February 26, 2025

    Conn. Judge Tosses False Origin Claims In Atty's Firing Suit

    A Connecticut federal judge has dismissed an attorney's lawsuit against his former firm and a litigation finance group described as its biggest client, nixing false designation and false origin claims surrounding the firm's alleged use of his name to lure clients after firing him.

Expert Analysis

  • 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.

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Testing The Waters As New Texas Biz Court Ends 2nd Month

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    Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent wait-and-see approach from some potential litigants, say attorneys at Norton Rose.

  • How DOJ's Visa Debit Monopolization Suit May Unfold

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    The U.S. Department of Justice's recently filed Section 2 monopolization suit against Visa offers several scenarios for a vigorous case and is likely to reveal some of the challenges faced by antitrust plaintiffs following the U.S. Supreme Court's split 2018 American Express decision, say attorneys at Mintz.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • There's No Crying In Property Valuation Baseball Arbitration

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    The World Series is the perfect time to consider how the form of arbitration used for settling MLB salary disputes — in which each side offers competing valuations to an arbitrator, who must select one — is often ideal for resolving property valuation disputes, say Sean O’Donnell at Herrick Feinstein and Mark Dunec at FTI Consulting.

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