Commercial Contracts

  • October 07, 2024

    Henderson Franklin Adds Tax Pro To Florida Offices

    A tax attorney who formerly practiced at Stradling Yocca Carlson & Rauth PC has joined Henderson Franklin Starnes & Holt PA's business and tax planning department and will work from the firm's Florida offices in Fort Myers and Naples.

  • October 07, 2024

    Vendor Says Rue21 Skipped $2M In Bills For Clothing

    A Los Angeles-based clothing supplier has sued Rue21, saying the fashion retailer stiffed it on $300,000 worth of invoices and is on the hook for $1.7 million to another vendor.

  • October 07, 2024

    NJ City Sues To Halt Hudson Riverfront Development

    The Hoboken Planning Board has turned into a rubber stamp for developers including a duo that wants to build towers that will impede the view from the scenic Palisades cliffs, a neighboring city alleged in a New Jersey state court lawsuit.

  • October 07, 2024

    Calif. Landlord Sued By Tenants Over 'Hidden' Rent Fees

    A California multifamily landlord responsible for over 60,000 apartments wrongfully charged tenants "hidden and misleading" rent fees, a proposed class of tenants has claimed in California federal court.

  • October 07, 2024

    Brothers' $10B Real Estate Battle Nets Another $11.6M In Fees

    A California judge granted over $11 million in attorney fees Monday to a man who prevailed in a 20-year legal battle with his brother over a real estate empire when a jury awarded him and his other brothers a $10 billion verdict, granting the bulk of the request.

  • October 07, 2024

    Justices Won't Review 9th Circ. Case On Service Issue

    The U.S. Supreme Court declined on Monday to review a Ninth Circuit decision enforcing an arbitral award favoring a Los Angeles-based film production company over a 2020 Jessica Chastain movie, in a case that raised a technical question relating to service of process on foreign parties.

  • October 07, 2024

    CM Law Grows With Litigation Partners In NY, DC And Texas

    CM Law PLLC, formerly known as Culhane Meadows Haughian & Walsh PLLC, has grown with the addition of three litigation partners in New York; Washington, D.C.; and Texas.

  • October 07, 2024

    Mass. High Court Reluctant To Kill Lost Value Policy Exclusion

    Massachusetts' highest court on Monday appeared likely to reject a challenge to standard auto insurance policy language that excludes coverage for the dip in resale value of a vehicle after a crash.

  • October 07, 2024

    NC Paper Mill Says Buyer Can't Ditch Deal Over Flood Damage

    The owners of a shuttered paper mill in flood-ravaged western North Carolina are suing a development group for threatening to walk away from a contract to buy and redevelop the site, saying the group can't use Hurricane Helene as an excuse to slash the price.

  • October 04, 2024

    Top 5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.

  • October 04, 2024

    Pa. Noncompete Ban Challenger Drops Case After Stay Denied

    A Pennsylvania tree service company Friday relinquished its lawsuit challenging the Federal Trade Commission's recent ban on noncompete agreements after a federal judge in the Keystone State denied the company's bid to pause its case despite another judge blocking the ban.

  • October 04, 2024

    Attys Tried To Coerce Client For Larger Fee, Texas Court Rules

    A Texas appeals court found that two attorneys tried to finagle a higher fee out of their client by threatening her with a lawsuit if she didn't fork over a larger amount than was specified in their contract, with the three-judge panel overruling all the attorneys' issues.

  • October 04, 2024

    Rebel Wilson Says 'The Deb' Producers Embezzled, Harassed

    Rebel Wilson has responded to defamation claims from the producers of the musical film "The Deb" with a countersuit in California state court, alleging that the producers engaged in "a troubling pattern of egregious and illicit behaviors, including theft, bullying and sexual misconduct" while involved with the film.

  • October 04, 2024

    Apple Sued For Booting Music App Amid YouTube IP Fight

    A music streaming service has sued Apple Inc. in California federal court for allegedly removing it from the app store based on an unsubstantiated complaint of intellectual property infringement sent in by YouTube.

  • October 04, 2024

    11th Circ. Sends Tribal Loan Dispute Back For Arbitration

    An Eleventh Circuit panel has reversed and remanded a lower court's ruling that a Tampa-based consumer collection company cannot compel arbitration in a bid seeking payment on a tribally owned firm's loans, arguing provisions of the agreements require such proceedings under tribal and federal law.

  • October 04, 2024

    Martin Selig Fights Founder Deposition In Renovation Bill Suit

    Affiliates of Martin Selig Real Estate told a Washington state court that the company's founding billionaire should not be deposed in a suit brought by a tenant of the Seattle Federal Reserve building over the bill for renovation work at the property.

  • October 04, 2024

    Kraft Heinz Sued In Ga. For Stealing Distributor Database

    The Kraft Heinz Co. has been slapped with a complaint in Georgia federal court accusing it of downloading hoards of information from an Atlanta-based company's database of international distributors and passing it off as its own to generate as much as $25 million in revenue, in breach of the company's licensing agreement.

  • October 04, 2024

    Energy Cos. Say Toshiba Unit Can't Use Parent's Jury Waiver

    Michigan's largest energy companies said a jury should hear their claims that a Toshiba subsidiary botched a $500 million job to renovate their jointly owned power plant, saying a jury trial waiver in an agreement with the parent company doesn't apply to the unit that did the work.

  • October 04, 2024

    Off The Bench: NIL Atty Beef, 'Hard Knocks' Death, MJ Racing

    In this week's Off The Bench, friction over the pending settlement in the vast NCAA name, image and likeness compensation class action fuels an attorney feud, the widow of a "Hard Knocks" production assistant blames the league for his death, and Michael Jordan accuses NASCAR of having a motorsports monopoly.

  • October 04, 2024

    Denver Charity Drops Fraudulent Grant Coverage Fight

    A Denver-based nonprofit has agreed to drop its suit over insurance coverage for $349,000 in grants it gave to a different charity whose founder was accused by Colorado authorities of lying about its nonprofit status, according to court filings Friday.

  • October 04, 2024

    A Month Into Texas Biz Court, Removal Questions Loom

    One month into the Texas Business Court's operations, the largest looming question is how judges across the state will handle removals of preexisting cases into the Lone Star State's newest venue, experts told Law360.

  • October 04, 2024

    Judge Says Live Nation Case Runs Deeper Than Merger Pact

    In refusing to transfer the government's monopolization case against Live Nation, a New York federal judge said the settlement allowing the company's 2010 merger with Ticketmaster dealt only with potential problems that existed at the time and has no bearing on the new claims.

  • October 04, 2024

    Repeat Fraudster Guilty Of Scamming Ex-NBA Players

    A Manhattan federal jury on Friday convicted a Georgia businessman and recidivist fraudster of conning former NBA players Dwight Howard and Chandler Parsons out of $8 million through the use of forged documents and other lies.

  • October 04, 2024

    Massumi & Consoli Adds Ex-Morgan Lewis Attorney In DC

    An attorney with more than two decades of experience representing clients in transactions in the healthcare industry moved her practice this week to Massumi & Consoli's Washington, D.C., office after more than 13 years with Morgan Lewis & Bockius LLP.

  • October 04, 2024

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

    This past week in London has seen GMB Union sued by the makers of Tetley Tea after a staff walkout in September, boxer Mike Tyson hit with legal action from a marketing company and the Met Police face a misuse of private data claim from a woman who had a relationship with an undercover police officer. Here, Law360 looks at these and other new claims in the U.K.

Expert Analysis

  • Insurance Types That May Help Cos. After Key Bridge Collapse

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    Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Businesses Should Take Their AI Contracts Off Auto-Renew

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    When subscribing to artificial intelligence tools — or to any technology in a highly competitive and legally thorny market — companies should push back on automatic renewal contract clauses for reasons including litigation and regulatory risk, and competition, says Chris Wlach at Huge Inc.

  • What To Know About NIGC's Internal Review Process

    Excerpt from Practical Guidance
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    If the National Indian Gaming Commission disapproves of a tribal management contract for gaming operations, it's important to properly go through the commission's internal hearing mechanism before litigating in federal court, or else an action may be dismissed for failure to exhaust administrative remedies, says Rebecca Chapman at the University at Buffalo School of Law.

  • What The Justices' Copyright Damages Ruling Didn't Address

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    While the U.S. Supreme Court’s recent ruling in Warner Chappell v. Nealy clarified when a copyright owner may recover damages in jurisdictions that apply the so-called discovery rule, it did not settle the overriding question of whether the Copyright Act even permits applying the rule, say Ivy Estoesta and William Milliken at Sterne Kessler.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • 7 Effects Of DOL Retirement Asset Manager Exemption Rule

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    The recent U.S. Department of Labor amendment to the retirement asset manager exemption delivers several key practical impacts, including the need for managers, as opposed to funds, to register with the DOL, say attorneys at Ropes & Gray.

  • Del. Rulings Make Clear That 'Arbitrator' Isn't A Magic Word

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    Recent decisions by the Delaware Chancery Court clarify that calling a process an "expert determination" or "arbitration" in a purchase agreement is not sufficient to define it as such, so practitioners must consider how to structure dispute resolution provisions to achieve their clients’ desired result, say attorneys at Troutman Pepper.

  • Protecting IP May Be Tricky Without Noncompetes

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    Contrary to the Federal Trade Commission's view, trade secret law cannot replace noncompetes' protection of proprietary information because intellectual property includes far more than just trade secrets, so businesses need to closely examine their IP protection options, say Aimee Fagan and Ching-Lee Fukuda at Sidley.

  • A Look At FERC's Plan To End Reactive Power Compensation

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    A recent notice of proposed rulemaking indicates that the Federal Energy Regulatory Commission is likely to eliminate compensation for reactive power within the standard power factor range — causing significant impacts for the electric power industry, which relies on income from providing this service, say Norman Bay and Matthew Goldberg at Willkie and Vivian Chum at Wright & Talisman.

  • 8 Legal Issues Influencing Investors In The Creator Economy

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    The rapidly expanding digital creator economy — funding for which more than doubled in the U.S. in the first quarter — comes with its own set of unique legal issues investors must carefully consider before diving in, say Louis Lehot and Alan Pate at Foley & Lardner.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • IP Considerations For Companies In Carbon Capture Sector

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    As companies collaborate to commercialize carbon capture technologies amid massive government investment under the Infrastructure Investment and Jobs Act, a coherent intellectual property strategy is more important than ever, including proactively addressing and resolving questions about ownership of the technology, say Ashley Kennedy and James De Vellis at Foley & Lardner.

  • What's Notable In JAMS' New Mass Arbitration Rules

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    The Judicial Arbitration and Mediation Services’ recently released guidelines, coming on the heels of similar American Arbitration Association amendments, suggests that mass arbitrations will remain an efficient means for consumers to vindicate their rights against companies, say Jonathan Waisnor and Brandon Heitmann at Labaton Keller. 

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