Commercial Contracts

  • March 28, 2025

    NY Ski Resort Co. Appealing Court's Antitrust Ruling

    A New York ski resort operator told a state court on Friday that it's appealing the state's victory in its antitrust suit, which alleged that the operator purposefully closed a local competitor after acquiring it.

  • March 28, 2025

    Ex-MLB Player Says Pro-Gun Social Media Site Duped Him

    Former catcher and current TV commentator for the Pittsburgh Pirates Michael McKenry claims he was duped into investing in a "pro-Second-Amendment" online video platform with false promises of social media reach and growth, in a lawsuit in Pennsylvania state court seeking his money back.

  • March 28, 2025

    Google To Pay $100M To Resolve AdWords Action

    Groups of Google advertisers asked a California federal judge Thursday to greenlight a $100 million settlement that would resolve their long-running class claims that the tech company overcharged them for advertisements.

  • March 28, 2025

    Water Park Injury Award Coverage Capped At $1M, Court Told

    An insurer and underwriter for a water park owner said they are responsible for no more than $1 million of a $9 million judgment entered in favor of a man injured at the park, according to a suit filed in Connecticut federal court.

  • March 28, 2025

    Kroger, Albertsons Appeal Block Of $24.6B Merger

    Kroger and Albertsons say they plan to appeal a Washington state judge's ruling that blocked the $24.6 billion merger of the grocery chains and determined the state could collect legal costs for prevailing in its Consumer Protection Act suit opposing the deal.

  • March 28, 2025

    Shutts & Bowen Accused Of Sinking Florida Country Club Sale

    A real estate corporation is suing Florida firm Shutts & Bowen LLP and one of its partners for malpractice, alleging that as part of a fee dispute, they scuttled a deal for the sale of a country club that the business had been negotiating.

  • March 28, 2025

    Crypto Firm Wants To Trim Marketer's $3.6M Contract Suit

    A cryptocurrency company says a Florida marketing business's $3.6 million breach of contract lawsuit must be trimmed because the presence of an express agreement means two contract-related claims automatically fail under Connecticut law.

  • March 28, 2025

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

    This past week in London has seen sparkling winemaker Nyetimber hit a rival distillery with an intellectual property claim, Newcastle United's former owner Mike Ashley target the club's ex-vice president for damages tied to a fraudulent investment, and a real estate agency file a legal claim against law firm Winston & Strawn LLP. Here, Law360 looks at these and other new claims in the U.K.

  • March 28, 2025

    Off The Bench: NCAA Wages, Coach Hacking, Tennis Tension

    In this week's Off The Bench, the NCAA fires its latest salvo against paying wages to college athletes, the legal fallout from hacking allegations against a former University of Michigan football coach intensifies, and the men's tennis tour fights back against claims of intimidation.

  • March 28, 2025

    LA Zoo Org. Not Covered In City Contract Row, Insurer Says

    An insurer has no duty to defend or indemnify the Los Angeles Zoo's nonprofit arm in a contractual dispute brought by the city, the carrier told a California federal court, saying claims arising out of a breach of contract or related to the association's professional services are excluded.

  • March 28, 2025

    Protego Says Texas Firm Broke $200M Crypto Bank Promise

    Protego Holdings Corp. said a Texas-based firm promised to invest $200 million in its launch of a cryptocurrency bank but delivered only excuses as the funding failed to materialize and a rare conditional approval from the U.S. government lapsed when financing wasn't in place.

  • March 28, 2025

    PE Firm Peppertree Wins $354M Award In Telecom Deal Row

    An international arbitration panel has awarded $354 million to affiliates of private equity firm Peppertree Capital Management Inc. against the majority shareholders of a Latin American telecommunications tower operator, in a dispute stemming from an attempted sale of the company.

  • March 28, 2025

    Attorney Accused Of Tax Scam Wants Opposing Counsel Cut

    An attorney accused by a precious metals dealer's partnership of selling it a tax scam asked a Colorado federal court to disqualify the partnership's attorney from the case, saying the lawyer has a conflict because he formerly represented her.

  • March 28, 2025

    NC Biz Court Bulletin: TikTok Duel Heats Up, NIL Suit Plays On

    In March, the North Carolina Business Court readied for trial in an insurance coverage dispute involving Smithfield Foods, heard why TikTok is subject to the state's jurisdiction, and allowed the Cardiac Pack's NIL suit against the NCAA to proceed while a parallel case plays out.

  • March 27, 2025

    FTC Seeks Amazon Execs' Financials For Prime Renewal Suit

    The Federal Trade Commission urged a Washington federal court to make several Amazon executives hand over an accounting of their assets and liabilities, saying the financial information was essential for determining civil penalties in its lawsuit accusing the e-commerce giant of trapping consumers into renewing Prime subscriptions.

  • March 27, 2025

    Chamber Asks Justices To Review Duke Energy Monopoly Suit

    The U.S. Chamber of Commerce urged the U.S. Supreme Court on Thursday to review a decision that revived a case accusing Duke Energy of squeezing a rival out of the market in North Carolina, saying the appeals court was wrong to recognize a "Frankenstein's monster" theory of harm.

  • March 27, 2025

    Target Settles Antitrust Claims Against Visa Over Swipe Fees

    Target Corp. and Visa have settled a yearslong antitrust dispute accusing the card company of being part of an illegal anticompetitive scheme that forced merchants to pay excessive fees when customers pay with credit or debit cards, according to a stipulation filed Thursday in New York federal court.

  • March 27, 2025

    Ga. Firm Sues Allstate Over Wrecked Car Fee Coverage

    A Georgia law firm hit Allstate Insurance Co. with a proposed class action over allegations that it fails to pay title transfer fees and license registration fees to insureds who incur total loss claims.

  • March 27, 2025

    Insurer Can't Escape Auto Co.'s $50M COVID Coverage Suit

    An insurer can't escape an auto parts manufacturer's suit seeking $50 million in coverage for COVID-19-related losses, a North Carolina federal court ruled, saying the manufacturer sufficiently alleged that its losses are covered under the policy's communicable disease endorsement.

  • March 27, 2025

    AIG Drops Water Damage Suit Against NFL Player's Contractor

    An insurer who sued the contractor and plumbers who worked on the home of NFL player Darius Slay for more than $300,000 in water damage dropped the suit Thursday, after the companies never responded to it.

  • March 27, 2025

    Ex-Exec Doesn't Owe Holtec For Losses, NJ Appeals Court Says

    Holtec International and one of its divisions are not entitled to payments from a former employee for losses, a New Jersey appeals court said Wednesday in affirming a lower court ruling that a contract was unambiguous about profit sharing and made no provisions for splitting losses.

  • March 27, 2025

    Apple Says Its Affidavits Are Admissible In Google Case

    After an unsuccessful bid to intervene in the remedies phase of the Justice Department's antitrust case against Google, Apple is urging a D.C. federal judge to consider its affidavits from company executives as the court weighs the proper fix for Google's search monopoly.

  • March 27, 2025

    Tarter Krinsky Adds Ex-Buchanan Ingersoll Corporate Atty

    Tarter Krinsky & Drogin LLP has brought on a corporate attorney previously with Buchanan Ingersoll & Rooney PC as a partner in New York, the firm has announced.

  • March 27, 2025

    Texas Law Firm Must Face 2nd Firm's Paxil Fees Suit

    A Texas appellate court affirmed Thursday that a law firm battling its former co-counsel over the proceeds of lawsuits concerning the antidepressant drug Paxil can't use the state's anti-SLAPP statute to avoid a breach of contract claim but tossed an award of $100,000 in attorney fees.

  • March 27, 2025

    Pa. Court Voids Theme Park's 'Click-Through' Contract

    A Pittsburgh-area amusement park's online season tickets came with a "click-through" agreement to resolve disputes out of court that Pennsylvania appellate courts have said is not binding without including a clear warning, which a judge said justified not sending a proposed class action to arbitration.

Expert Analysis

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • FERC's Reactive Power Compensation Cutoff Is No Shock

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    While the Federal Energy Regulatory Commission's recent final rule ending compensation for reactive power provided within the standard power factor range will mean less revenue for some generators, it should not come as a surprise, since FERC has long signaled its interest in this shift, says Linda Walsh at Husch Blackwell.

  • Opinion

    Feds May Have Overstepped In Suit Against Mortgage Lender

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    The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • Next Steps In The $2.8B Blue Cross Payout To Providers

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    Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Key Territory-Split Licensing Lessons For Life Sciences Cos.

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    Territory-split deals can allow life sciences companies to maximize products' potential across a range of geographic areas, but these deals also present unique challenges requiring highly bespoke structures that can make or break the value of an asset, say attorneys at Covington.

  • Notable Q3 Updates In Insurance Class Actions

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    Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Opinion

    In Visa Case, DOJ Continues To Misapply The Sherman Act

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    The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Key Legal Considerations After Supply Chain Disruptions

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    After U.S. supply chain disruptions — like the recent port workers' strike, and Hurricanes Helene and Milton — stakeholders should look to contractual provisions to mitigate losses, and keep in mind that regulators will be watching closely for unfair shipping practices, say attorneys at Holland & Knight.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • 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.

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