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Commercial Contracts
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August 05, 2024
Ivory Coast Can't Enforce $12M Award In Fla., Oil Co. Says
A Nigerian oil company sued by the Ivory Coast to enforce a $12 million arbitration award over a distribution joint venture has told a Florida federal court that the lawsuit must be dropped, saying the oil company has no ties to the Sunshine State.
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August 05, 2024
Pomerantz To Lead Suit Over Ad Tech Co.'s Microsoft Ties
Pomerantz LLP beat out several other firms on Monday to lead a proposed shareholder class action alleging that shares of ad tech company Perion Network declined nearly 40% after its strategic partner Microsoft Bing "unilaterally" changed its search advertising pricing.
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August 05, 2024
Marriott Says NYC Hotels' Housing Of Migrants Violated Deal
Marriott International Inc. has accused a hotel company in Jamaica, Queens, of breaching a contract by repurposing two properties for migrant housing while refusing to "de-identify" itself with the global hotel brand.
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August 05, 2024
4th Circ. Revives Duke Monopoly Suit, Orders New Judge
The Fourth Circuit on Monday revived Florida-based NTE Energy Services' lawsuit accusing Duke Energy of squeezing it out of the market in North Carolina, concluding that the lower court should have looked at the big picture of the allegations.
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August 05, 2024
5th Circ. Remands $25M Dispute Over Winter Storm Losses
A Fifth Circuit panel is sending a $25 million dispute between a power trader and a power seller over price-hedging deals that saw losses during Winter Storm Uri back to a district court to determine if the federal court had jurisdiction over the matter.
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August 05, 2024
Mattel Beats $46M Contract Suit Over Reality Show Idea
A California jury has entered a verdict for Mattel Inc. in a $46 million contract suit brought against it by the company of "Lone Survivor" producer Norton Herrick alleging that the toy-maker stole its idea for a reality show in which inventors pitch toys to child judges, concluding there was no contract breach.
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August 05, 2024
Catching Up With Delaware's Chancery Court
Sunken treasure, rock band discord, a wrestling competition, and more news about Elon Musk — all in all, a colorful week in Delaware's Court of Chancery. The First State's famous court of equity also pushed forward on disputes involving a famous social media app, Delaware's largest hospital system, an artificial intelligence company and a budding commodity futures exchange.
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August 05, 2024
Musk Accuses OpenAI Of Fraud, RICO Over Business Model
Elon Musk on Monday accused OpenAI Inc. and its leaders of violating several laws related to fraud, conspiracy, contract violations and false advertising by claiming he was wrongly told the company would remain a nonprofit, in a suit filed in California federal court.
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August 05, 2024
CooperSurgical Says Lab Hid Flawed IVF Product Tests
Fertility technology company CooperSurgical Inc. has accused a Massachusetts testing lab of failing to follow proper procedures and misrepresenting the results of quality assurance testing on a product used in the in vitro fertilization process, leading to a recall.
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August 02, 2024
5th Circ. Upholds Challenge To Surprise Medical Billing Rule
The Fifth Circuit on Friday affirmed wins for plaintiffs challenging provisions of a federal surprise medical billing rule that relate to payment fights between out-of-network providers and health insurers, agreeing with a Texas federal judge that the rule places "a thumb on the scale" in insurers' favor.
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August 02, 2024
Boeing Wins Trim Of Rival Engineering Co.'s IP Case, For Now
A Washington federal judge has significantly trimmed an aerospace engineering firm's suit accusing Boeing of stealing patented technology, agreeing with Boeing that many of the claims are inadequate to proceed at this stage, but giving the firm the opportunity to amend them.
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August 02, 2024
CFPB Claim 'Strays Too Far' In Snap Finance Suit, Judge Says
A Utah federal judge allowed Snap Finance to escape some claims brought by the Consumer Financial Protection Bureau that alleged the lease-to-own consumer finance company intentionally misled customers with "virtually every step" of its consumer experience, saying that its lease agreements cannot be considered "credit."
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August 02, 2024
Bike Co. Says It's Lost 'Millions' From Royalty Deal Breaches
A Colorado bicycle company has sued machinery manufacturer Gates Corp. in Denver District Court for allegedly breaking promises under a joint licensing and distribution deal, claiming Gates may be trying to dodge millions of dollars in royalty payments by encouraging rival bicycle makers to use the Colorado company's invention for free.
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August 02, 2024
Panel Says Co. Forfeited $12.7M Claim Over Rail Project
A Colorado Court of Appeals panel has found that a construction company overstated how much it was owed from a public project to build a new Denver rail line and can't seek any remedy for that $12.7 million claim, according to an opinion that applied provisions of a public works law for the first time.
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August 02, 2024
Justices Urged To Hear Standing Issue For Patent Licensors
The U.S. Supreme Court has been asked to give its take on whether the terms of a decade-old loan can be used to create issues over legal standing and exclusionary rights in a lawsuit tied to radio frequency developed in the mid-2000s.
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August 02, 2024
US Soccer's Antitrust Suit Settlement Talks May Be Stalling
Settlement talks between the U.S. Soccer Federation and Relevent Sports LLC appear to be stalling in the sports promoter's antitrust suit against soccer's American governing body over its alleged monopoly on professional matches.
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August 02, 2024
Boeing's New CEO To Steer Daunting Safety Culture Rebound
Boeing's selection of an engineer and longtime aerospace industry executive as its next CEO demonstrates an eagerness to correct course amid daunting legal and regulatory troubles, as victims' families relentlessly press for Boeing to face a criminal trial over the two 737 Max 8 crashes.
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August 02, 2024
HFZ Capital Cops To $86M Fraud Charges, Blames Ex-Chief
Defunct real estate firm HFZ Capital Group pled guilty in an $86 million criminal case Friday, admitting that its former top executive Nir Meir evaded New York City property taxes and stole funds from commercial and residential building projects.
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August 02, 2024
Ex-CFO Of Embattled PE Firm Sues In Del. For Legal Fees
The former chief financial officer of 777 Partners LLC has sued the private equity firm in Delaware's Court of Chancery, seeking advancement of his legal fees in connection with a fraud investigation and at least 20 civil lawsuits related to the company's business.
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August 02, 2024
Monitor Says HCA Possibly Flouted Promises In Hospital Deal
The independent monitor tasked with ensuring HCA Healthcare has complied with an agreement that cemented its $1.5 billion acquisition of a North Carolina health system has said the for-profit network may have deviated from those promises, according to a new report.
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August 02, 2024
Off The Bench: NFL Reversal, Drone Spying, UFC Deal Tossed
In this week's Off The Bench, a bombshell ruling wipes out a $4.7 billion antitrust verdict against the NFL, Canada takes it on the chin for Olympic drone spying, and a nine-figure settlement to address UFC wage suppression is rejected.
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August 02, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen insurance broker Marsh sue the collapsed Greensill Bank, the former chair of the Islamic Students Association of Britain pursue a defamation case against the Jewish Chronicle, Berkshire Hathaway and Lloyd's face action from a shipping company, and alleged fraudster Ronald Bauer hit a loan company with a claim. Here, Law360 looks at these and other new claims in the U.K.
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August 01, 2024
Lewis Brisbois Slams RICO Claims Alleging 'Sham' Suits
Lewis Brisbois Bisgaard & Smith LLP has urged a California federal judge Tuesday to toss Chinese investors' accusations that its attorneys filed lawsuits to cover their failure to read "draconian" contract terms that led the investors to lose their $92.5 million stake in a $2.5 billion Los Angeles mixed-used development.
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August 01, 2024
Sidley Launches New San Diego Office With Five Partners
Sidley Austin LLP has opened a new office in San Diego, with five partners specializing in a range of areas including mergers and acquisition, venture capital and global finance, marking the global law firm's fifth office in the Golden State, the firm announced Thursday.
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August 01, 2024
Texas Biz Court Costs Unlikely To Be Prohibitive, Experts Say
The Texas business court's fee schedule is unlikely to price potential litigants out, but many questions remain about the efficiency of the new venue's fee schedule, experts told Law360.
Expert Analysis
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8 Legal Issues Influencing Investors In The Creator Economy
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.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
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.
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IP Considerations For Companies In Carbon Capture Sector
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.
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What's Notable In JAMS' New Mass Arbitration Rules
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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How New Rule Would Change CFIUS Enforcement Powers
Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Breaking Down 4th Circ. Pendent Appellate Jurisdiction Ruling
As illustrated by the Fourth Circuit's recent decision in Elegant Massage v. State Farm, denying class certification and granting a motion to dismiss, federal appellate courts continue to struggle with defining the scope of pendent appellate jurisdiction — or jurisdiction over nonfinal orders below, says Joan Steinman at the Chicago-Kent College of Law.
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FTC Noncompete Rule May Still Face Historical Hurdles
The Federal Trade Commission's final rule banning noncompetes might face challenges that could have been avoided with more cautious consideration of the commission's long history of failed lawsuits that went beyond the agency's statutory authority, as well as the mountain of judicial precedent justifying noncompete agreements in employment contracts, say attorneys at BakerHostetler.
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Microplastics At The Crossroads Of Regulation And Litigation
Though there are currently not many federal regulations specifically addressing microplastics as pollutants, regulatory scrutiny and lawsuits asserting consumer protection claims are both on the rise, and manufacturers should take proactive steps to implement preventive measures accordingly, say Aliza Karetnick and Franco Corrado at Morgan Lewis.
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How EB-5 Regional Centers Can Prepare For USCIS Audits
In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.
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As Arbitrator Bias Claims Rise, Disclosure Standards Evolve
The growth in post-award challenges based on arbitrators' alleged conflicts of interest has led to the release of new guidance and new case law on the topic — both supporting the view that professional familiarity alone does not translate to a lack of impartiality, say attorneys at Skadden.
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How Cos. Can Protect IP In Light Of FTC Noncompete Rule
While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.
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Setting Goals For Kicking Corruption Off FIFA World Cup Field
The unprecedented tri-country nature of the 2026 men's World Cup will add to the complexity of an already complicated event, but best practices can help businesses stay on the right side of anti-corruption rules during this historic competition, say Sandra Moser and Emily Ahdieh at Morgan Lewis.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Do Not Overstate Fla. Condo Termination Ruling's Impact
A close look at the unique language at issue in Avila v. Biscayne, in which a Florida appellate court deemed a condo termination to be invalid, shows that the case is unlikely to significantly affect other potential terminations, say Barry Lapides and Edward Baker at Berger Singerman.