Commercial Contracts

  • February 10, 2025

    Judge: Dominican Republic Should Pay $44M Landfill Award

    A magistrate judge in Washington, D.C., recommended Friday that a $43.6 million arbitral award issued after the Dominican Republic terminated a landfill concession should be enforced, saying there was no evidence that the tribunal failed to investigate allegations of underlying fraud.

  • February 10, 2025

    Amazon Used App Toolkit To Harvest User Data, Suit Says

    Amazon has used Candy Crush Saga, Subway Surfers and other mobile apps as a "Trojan Horse" to ingrain secret tracking mechanisms in hundreds of millions of consumers' smartphones through a software development kit for developers, according to a new proposed class action in Seattle federal court.

  • February 10, 2025

    Apple Pushes DC Circ. To Pause Google Search Case

    Apple told the D.C. Circuit on Monday it did not become clear that it needs to intervene in the government's search monopolization case against Google until enforcers proposed remedies that affected Apple's conduct too.

  • February 10, 2025

    Trenton Diocese Sues Insurers Over Abuse Suit Coverage

    The Diocese of Trenton, New Jersey, accused Chubb, Hartford, Travelers and AIG units of violating the state's Unfair Claim Settlement Practices Act over an "onslaught" of child sex abuse lawsuits, telling a New Jersey federal court the parties have made "minimal progress" toward a cost-sharing agreement over defense expenses.

  • February 10, 2025

    Dallas Loses Bid To Reinstate Short-Term Rental Ban 

    A Texas appeals court has ruled that two Dallas ordinances criticized for effectively banning short-term rentals don't gel with property rights enshrined in the state's constitution, siding with landlords who do business on Airbnb and Vrbo. 

  • February 10, 2025

    UnitedHealth Unit Inks $20M Deal To End DOL Claims Row

    A UnitedHealth subsidiary will pay more than $20 million to settle the U.S. Department of Labor's suit claiming it violated federal benefits law and employer health plans' own policies when it summarily rejected claims for emergency room services and drug tests, according to filings in Wisconsin federal court.

  • February 10, 2025

    Aerospace Co. Seeks To Toss Ex-Exec's Amended Claims

    A Garden State-based aerospace company is asking a federal judge to dismiss with prejudice the second amended counterclaims by its ex-president and his new business in a trade secrets case, according to court filings.

  • February 10, 2025

    BCLP Received Improper OK To Challenge Ga. Fee Ruling

    A Georgia state appeals court said Monday that it improperly gave Bryan Cave Leighton Paisner LLP the green light to appeal a trial court ruling ordering the firm to return more than $125,000 in connection to a dispute between an Atlanta attorney and an airport travel spa operator.

  • February 10, 2025

    Chubb Wants Depo Of Smithfield Foods CLO In Coverage Row

    A Chubb unit facing coverage claims from Smithfield Foods Inc. asked the North Carolina Business Court to let it depose the company's chief legal officer before the parties' upcoming April trial even though discovery for the case has ended.

  • February 07, 2025

    Copyright Office Seeks Info On Performance Rights Groups

    The U.S. Copyright Office wants more information about how performance rights organizations, or PROs, are being used to collect music royalties, in response to a letter from a trio of Republican lawmakers on the issue.

  • February 07, 2025

    Chancery Tosses $3.4B Hertz Stock Warrant Redemption Suit

    Delaware's Court of Chancery dismissed a suit Friday filed by two Hertz institutional investors accusing the company of relying on an impermissible reinterpretation of a warrant agreement to reject a redemption demand purportedly triggered by the company's post-Chapter 11 recapitalization, finding the plaintiffs' interpretation of the agreement leads to "absurd results."

  • February 07, 2025

    Rocket Mortgagors Say New Judge Tilted 4th Circ. Decision

    Borrowers who accused Rocket Mortgage of inflating their home values have asked the full Fourth Circuit to reconsider a panel ruling that reversed their class certification, arguing that the panel only reversed course from its previous ruling because a federal judge, sitting by designation, joined the panel the second time around.

  • February 07, 2025

    DOJ Tells DC Circ. Not To Delay Google Search Fix For Apple

    The U.S. Department of Justice and state enforcers told the D.C. Circuit Friday that the remedies phase of the search monopolization case against Google is too important to wait while Apple appeals a ruling denying its last minute bid to intervene in the case.

  • February 07, 2025

    Amazon Beats 'Flawed' Suit Over Prime Video Ads, For Now

    A Washington federal judge Friday tossed a putative class action over Amazon's recent introduction of commercials on its Prime Video streaming service, saying the lawsuit rests on a "flawed premise" that subscribers ever purchased an ad-free viewing package.

  • February 07, 2025

    Kroger Chain Says Strike Is Bid To Force 'Multi-Union' Talks

    The Kroger-owned grocery chain King Soopers sued the union representing Colorado workers on Friday in federal court, alleging strikes at King Soopers stores in the state are a pressure tactic to "force multi-union bargaining" on the company and other employers.

  • February 07, 2025

    Maxeon Investors Push To Keep Exchange Act Suit Alive

    The lead plaintiff in a proposed class action against Maxeon Solar Technologies Ltd. urged a California federal judge to reject the company's bid to escape the suit as well as its "fanciful" explanations for a two-day stock plunge that harmed shareholders.

  • February 07, 2025

    Fla. Atty Couple Can't Escape Verdict Over Abandoning House

    A Florida state appeals court has reinstated the original verdict against an attorney husband and wife team for breaching a lease agreement on a rental house and leaving it in disrepair, ruling that a reasonable jury could find that the landlord performed his expressly authorized duties to preserve the property.

  • February 07, 2025

    Pa. Medical Pot Co. Beats Consultant's IP Breach Claims

    A Pennsylvania federal judge has thrown out a lawsuit filed by a consultant claiming that his methods for growing plant tissue samples was stolen by a medical cannabis company he worked with, ruling that the consultant's system was not a protected trade secret.

  • February 07, 2025

    Appellate Court OKs Trim Of Goldman Family Portfolio Battle

    A New York state appellate court affirmed a trial court's toss of several claims brought against the late Sol Goldman's real estate empire by inheritors who allege his daughter squeezed them out of the family business and manipulated an appraisal when they sought to cash out on their stake.

  • February 07, 2025

    Judge Sides With Ga. Railroad In Eminent Domain Battle

    A Georgia state court judge sided Thursday with a railroad company in an eminent domain fight with residents opposing the construction of a rail spur through their property, upholding a Georgia Public Service Commission ruling that gave the green light to the condemnation.

  • February 07, 2025

    Auctioneer Of 'Unknown' Van Gogh Wins $215 Bidder's Fight

    An auction service was within its rights to halt in-progress bidding for what one woman claims could be a "previously unknown" Vincent van Gogh painting because Connecticut law presumes auctions can be shut down before the hammer falls unless other terms are stated, a state court judge has ruled.

  • February 07, 2025

    Conn. Trial Firm Partner Seeks Sanctions In Heated Split-Up

    Connecticut Trial Firm LLC former co-owner Andrew Garza has asked a Connecticut Superior Court judge to issue sanctions against his former 50-50 partner, Ryan McKeen, accusing McKeen of "misconduct presenting a threat to the administration of justice" in heated litigation over the firm's split.

  • February 07, 2025

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

    This past week in London has seen Investec Bank PLC sue two diamond tycoons, London florist Nikki Tibbles file a claim against an "imitator company," a direct descendant of the Cartier family launch a claim, and a Coronation Street actor hit footballer Joe Bunney with a defamation claim. Here, Law360 looks at these and other new claims in the U.K.

  • February 06, 2025

    Kraken Co-Founder Accuses 'Elite' SF Condo Of Political Bias

    Crypto-exchange Kraken co-founder Jesse Powell sued the owner of a landmark condominium — dubbed "Susie's Building" — in California state court Wednesday, claiming the property's allegedly "elite" Democratic shareholders discriminated against him by blocking his efforts to buy a condo due to his conservative views and role in the crypto industry.

  • February 06, 2025

    Sony Blocked From Axing CBS Deals Amid Game Show Battle

    A California state judge has issued a temporary restraining order blocking Sony Pictures Television from terminating its distribution agreements for popular game shows "Jeopardy!" and "Wheel of Fortune" with CBS while the pair dukes it out in Los Angeles County Superior Court, according to a minute order.

Expert Analysis

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • 2nd Circ. Ruling May Limit Discovery In Int'l Arbitration

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    The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • NY Ruling Offers A Foreclosure Road Map For Lenders

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    A New York appellate court recently upheld a summary judgment ruling in favor of a commercial lender's foreclosure in U.S. Bank v. 1226 Evergreen Bapaz, illustrating the proofs lenders will need to prosecute a foreclosure action, especially where the plaintiff is an assignee of the originating lender, say attorneys at Sherman Atlas.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Opinion

    OFAC Sanctions Deserve To Be Challenged Post-Chevron

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    The U.S. Supreme Court's Loper Bright decision opens the door to challenges against the Office of Foreign Assets Control's sanctions regime, the unintended consequences of which raise serious questions about the wisdom of what appears to be a scorched-earth approach, says Solomon Shinerock at Lewis Baach.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • Ambiguity Ruling Highlights Deference To Arbitral Process

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    A New York federal court’s recent ruling in Eletson v. Levona, which remanded an arbitral award for clarification, reflects that the ambiguity exception’s analysis is not static and may be applied even in cases where the award, when issued, was unambiguous, says arbitrator Myrna Barakat Friedman.

  • 2 Rulings Serve As Conversion Fee Warnings For Banks

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    A comparison of the different outcomes in Wright v. Capital One in a Virginia federal court, and in Guerrero v. Bank of America in a North Carolina federal court, highlights how banks must be careful in describing how currency exchange fees and charges are determined in their customer agreements, say attorneys at Weiner Brodsky.

  • Expect CFPB To Enforce Warning Against 'Coercive' Fine Print

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    The recent Consumer Financial Protection Bureau warning against unenforceable terms "deceptively" slipped into the fine print of contracts will likely be challenged in court, but until then, companies should expect the agency to treat its guidance as law and must carefully scrutinize their consumer contracts, say attorneys at Ballard Spahr.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Leveling Up IP Protections For Video Game Icons' Film Debuts

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    Video game creators venturing into new realms of entertainment that include their iconic characters, such as television and film adaptations, should take specific steps to strengthen their intellectual property rights, say Joshua Weigensberg and Parmida Enkeshafi at Pryor Cashman.

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