Commercial Contracts

  • January 31, 2025

    Conn. Justices Let McCarter Ex-Client Off $3.6M Hook

    Answering a certified question from a federal judge, the Connecticut Supreme Court on Friday ruled that McCarter & English LLP can't claw an additional $3.6 million in common law punitive damages from a nutritional supplement maker as part of a protracted fee feud, holding that the firm should have pleaded and proven an "independent tort" if it wanted to pursue the money.

  • January 31, 2025

    Seasoned Patterson Belknap Trial Team Joins Linklaters In NY

    Linklaters LLP announced Friday it has brought aboard a high-profile team of litigation partners from Patterson Belknap Webb & Tyler LLP, including one who is the current president of the New York City Bar Association and a lawyer former President Joe Biden had nominated to the Third Circuit.

  • January 31, 2025

    NJ Firm Blasts Pier Investment Suit As 'Shameless Fiction'

    Hankin Sandman Palladino Weintrob & Bell has urged a New Jersey federal court to toss a Garden State couple's legal malpractice lawsuit over their investment in an Atlantic City Boardwalk amusement park, arguing that their claims are barred by the state's entire controversy doctrine and are "premised on knowing falsities and fail on the merits."

  • January 31, 2025

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

    This past week in London has seen another claim by Woodford investors against Hargreaves Lansdown in the widening £200 million ($248 million) dispute over the fund's collapse, a solicitor barred for his role in a suspected advance fee fraud face action by a Swiss wholesaler, and The Resort Group, which markets investments in luxury hotel resorts, hit with a claim by a group of investors. Here, Law360 looks at these and other new claims in the U.K.

  • January 30, 2025

    Merck Can't Ditch Worker's Race Bias Suit Ahead Of Trial

    A New York federal judge on Wednesday refused to enter judgment for Merck & Co. in a Black former information technology director's suit alleging the company discriminated against him by firing him after he had a contractor removed from his project, teeing up the case for trial.

  • January 30, 2025

    Paramount Settles Fee Suit Over Pacquiao-Mayweather Fight

    Paramount Global has settled a nearly decade-old lawsuit over a finder's fee for the lucrative 2015 boxing match between Manny Pacquiao and Floyd Mayweather Jr., according to a Thursday notice in California state court.

  • January 30, 2025

    Lower Court Altered Contract Reading, Texas Justices Told

    An Energy Transfer subsidiary told the Texas Supreme Court that a lower court upended the way contracts are interpreted in the state when it found no remedy for alleged losses from a soured $1 billion deal with an Exxon Mobil Corp. unit.

  • January 30, 2025

    Perdue Loses Bid To Halt DOL's Whistleblower Process

    Perdue can't block the U.S. Department of Labor's administrative proceedings for whistleblower complaints, a North Carolina federal judge has concluded, saying the chicken producer failed to show why the proceedings should be stopped urgently.

  • January 30, 2025

    Ex-Partners Used Co. Money For Other Biz Ventures, Suit Says

    A Colorado restaurant company is suing two former managing members for "brazen and wide-ranging fraud" against the company, alleging the members used company coffers to fund employees and expenses for their own business ventures.

  • January 30, 2025

    Semiconductor Co. Eyeing $5M Award Can't Get Asset Freeze

    A California federal judge has denied a Chinese semiconductor company's request to bar a commodity trading firm from dissipating its assets while the two are locked in an arbitration battle over a contract for lithography machines, saying the trader, now aware of the litigation, had not sold off its assets or indicated an intention of doing so.

  • January 30, 2025

    Historic Soda Co. Says Ex-Officer's Lease Suit Is 'Revenge'

    Foxon Park Beverages Inc., a century-old soft drink maker in Connecticut, has asked a state court judge to dismiss a lawsuit alleging that it entered into an unfair lease agreement with another company owned by the same family, arguing that the entities' former president brought it for an improper purpose.

  • January 30, 2025

    Panel Passes On Snowboarder's Version Of Ski Waiver Ruling

    A Colorado state appeals court on Thursday said it didn't need to touch an injured snowboarder's argument that precedent limiting the reach of ski resort liability waivers also applies to his lawsuit over a snowmobile collision, because the snowboarder released any legal claims when he later purchased a resort pass.

  • January 30, 2025

    Food Co. Says Ex-Manager Hoodwinked Customers For Rivals

    The former general manager of a chicken processing plant allegedly double-crossed his employer by working with two competing food distributors to poach customers through deceptive sales pitches and pocketing company funds through off-the-book rental agreements, according to a newly designated North Carolina Business Court complaint.

  • January 30, 2025

    Ligado Creditor Pans 'Exorbitant' Fees For $115M DIP Loan

    Satellite communications company Ligado Networks LLC's largest unsecured creditor asked a Delaware bankruptcy judge to reject the company's proposed $115 million Chapter 11 financing package, saying Ligado's secured lenders were seeking to help themselves to $100 million in fees as part of the deal.

  • January 30, 2025

    WB's 'The Pitt' Is 'Absolutely' An 'ER' Reboot, Crichton Says

    Counsel for the widow of "ER" creator Michael Crichton urged a California state judge on Thursday not to toss allegations that Warner Bros. Discovery's new medical drama "The Pitt" is an unauthorized reboot, saying the now-streaming show's development history proves it "absolutely derived" from the 1990s and early 2000s hit.

  • January 30, 2025

    NC Biz Court Bulletin: Sanctions Miss, Philip Morris Refund

    In the second half of January, the North Carolina Business Court tussled with sanctions against a biogas company, heard claims an insurer tried to deliberately embarrass Cadwalader Wickersham & Taft LLP and ordered an $11 million tax refund for Philip Morris.

  • January 30, 2025

    Ex-Charter Communications IT Exec Says Noncompete Is Void

    A former Charter Communications Inc. executive has asked a Connecticut federal judge to throw out the company's trade secrets claims against him or at least transfer the case to Colorado, arguing that his ex-employer has failed to say what secrets he allegedly took to his new job and that his noncompete agreement is void.

  • January 30, 2025

    Broker Sues Builder After Condo Plan Ditched For Apartments

    A brokerage contracted to market condominiums in Denver says a developer is refusing to pay commission and other costs after deciding to convert the project into an apartment complex, according to a lawsuit filed in Colorado state court.

  • January 30, 2025

    Storage Co. Says Rothman Gordon Left Behind Files, Big Bills

    The defunct Pittsburgh law firm Rothman Gordon PC has left thousands of file boxes in storage at a contractor's warehouse without paying, and is insisting that the contractor go through the stored records to return files to former clients, according to a lawsuit the storage company filed in Pennsylvania state court.

  • January 29, 2025

    Fla. Yacht Owner Seeks Depo At Courthouse After Shooting

    A yacht owner has urged a Florida state court to allow a deposition in a lawsuit over an ownership dispute to be taken at the downtown Miami courthouse, saying he fears for his safety following threats on his life and a shooting that almost killed him.

  • January 29, 2025

    Spotify Beats Suit Challenging 'Bundling' Royalty Structure

    A New York federal judge tossed a challenge to Spotify's new method for calculating artist royalties Wednesday, finding that the streaming giant followed the law in "bundling" a premium subscription that gives users access to both music and audiobooks.

  • January 29, 2025

    Apple Will Appeal Denial Of Bid To Defend Google Search Deal

    Apple said Wednesday that it will appeal an order refusing to let it intervene in the government's search monopolization case against Google to defend a multibillion-dollar revenue-sharing deal that makes Google the default search engine for the Safari browser.

  • January 29, 2025

    $17M Punitive Award Reversed In Miami Hotel's Noise Suit

    A Florida state appeals court on Wednesday upheld sanctions against the owner of two Miami Beach hotels for committing fraud on the court in a commercial landlord-tenant dispute, but the court threw out a $17.4 million punitive damages award and ordered a new trial on that issue.

  • January 29, 2025

    Dentons Taps SEC Enforcement Vet From Morrison Cohen

    Dentons has brought on a former U.S. Securities and Exchange Commission enforcement attorney from Morrison Cohen LLP, where his work made headlines when he won a rare sanctions order against the regulator over its handling of a case against a client, the crypto project known as Debt Box. 

  • January 29, 2025

    Mich. Judge Doubts Discovery Dispute Should DQ Firm

    A Michigan federal judge on Wednesday said a law firm's alleged "bad behavior" doesn't necessarily mean it can't represent a former CEO of a solar energy company, telling residents who sought to disqualify the firm because of a supposed conflict that their complaints may be better dealt with through discovery motions.

Expert Analysis

  • UBS Ruling Shows SDNY's Pro-Award Confirmation Stance

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    A New York federal court's recent ruling upholding an arbitration award in Lakah v. UBS, a long-running dispute over a bond debt default, serves as a reminder that New York courts carry a strong presumption toward binding parties to arbitration agreements and enforcing arbitral awards, say attorneys at Mayer Brown.

  • Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws

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    Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.

  • Where Payments Law And Regulation Are Headed In 2025

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    The Trump administration will likely bring significant changes to payments regulations in 2025, but maintaining internal compliance efforts in the absence of robust federal oversight will remain key as state authorities and private plaintiffs step into the breach, say attorneys at Stinson.

  • 2 Cases May Signal Where FTC Is Headed On Labor Issues

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    Two recent Federal Trade Commission challenges to no-hire clauses in agreements between building service firms and their customers include comments by future FTC Chair Andrew Ferguson that may offer insight into the direction the FTC is headed on labor issues, says Michael Wise at Squire Patton.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • 7 Pitfalls To Watch In Tech Referral Fee Programs

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    The recent attempt by FluidStack to recover $10 million in referral fees allegedly promised by software vendor Denvr Dataworks should alert potential participants in so-called partnership programs to seven signs that a proposed technology referral agreement may not equally benefit all sides, says Chris Wlach at Huge Inc.

  • Takeaways From 2024's Emerging IP Licensing Trends

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    Themes in intellectual property licensing from the past year – including artificial intelligence; risk management; and name, image and likeness rights – highlight key considerations for navigating an evolving landscape, say attorneys at Ballard Spahr.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • How The UPC, ITC Complement Each Other In Patent Law

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    Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • The 6 Most Significant FCRA Litigation Developments Of 2024

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    From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling

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    The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.

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