Commercial Contracts

  • March 24, 2025

    Residents Rip Hospital Co.'s 'Scorched-Earth' Sanctions Bid

    A proposed class of Connecticut residents pursuing antitrust claims against Hartford HealthCare Corp. slammed the company's bid to sanction them for seeking judicial enforcement of a document exchange deal the parties had reached, arguing that sanctions would only complicate discovery rather than help it along.

  • March 24, 2025

    Colo. Justices Take Subcontractor's Forfeit For Excess Case

    The Colorado Supreme Court will consider whether a construction company that allegedly overstated how much it was owed from a project to build a new Denver rail line forfeited its ability to pursue any remedy for that $12.7 million claim, in a case involving a novel interpretation of a public works law.

  • March 24, 2025

    3rd Circ. Upholds No-Coverage Ruling For PNC's $106M Loss

    PNC Bank NA can't get coverage for a more than $106 million judgment it paid over underlying claims that a bank PNC acquired had mismanaged certain trust accounts, the Third Circuit ruled, finding a provision that barred coverage for wrongful acts occurring before an acquisition was applicable.

  • March 24, 2025

    Ga. Law Firm Accuses Recruiting Agency Of Contract Breach

    Atlanta law firm Mozley Finlayson & Loggins LLP is accusing recruiting company Frederick Fox LLC of breach of contract after it refused to pay back a more than $36,000 placement fee when its candidate quickly left his role.

  • March 24, 2025

    Netlist Again Wins Samsung Patent Contract Suit On Retrial

    Netlist Inc. secured a repeat win Monday in a California federal court retrial of a breach of contract suit against Samsung Electronics Co., a verdict that itself carries no money judgment but bolsters the chipmaker's position on maintaining $421 million worth of patent infringement damages from separate trials.

  • March 24, 2025

    NC High Court OKs Fee Suit Over Campus COVID Closures

    The North Carolina Supreme Court has kept alive a proposed class action over student fees paid to public universities whose campuses shut down during the COVID-19 pandemic, finding sovereign immunity doesn't bar the students' breach of contract claims.

  • March 21, 2025

    NHL, CHL Antitrust Suit May Require Plaintiff Line Change

    A Washington federal judge on Friday asked the National Hockey League if a rule that dictates where junior athletes can play restricted the freedom of player movement, but the judge also questioned if the wrong players were plaintiffs in an antitrust suit because they were never drafted by the premiere professional league.

  • March 21, 2025

    Netlist 'Invented' Samsung Breach For Patent Grab, Jury Told

    A lawyer for Samsung Electronics Co. closed out the third trial in contract litigation with Netlist Inc. on Friday by telling a California federal jury that the chipmaker has "invented" a nonexistent breach because it wants to claw back valuable patent licenses.

  • March 21, 2025

    NJ, Pa. Claims Over Amazon Price Hike Project Cut For Good

    Pennsylvania and New Jersey's attorneys general's efforts to shore up state law claims in the Federal Trade Commission monopolization lawsuit against Amazon.com failed after a Washington federal judge found nothing "unconscionable" about a project that matches rivals' price increases or deceptive about its concealment.

  • March 21, 2025

    Amazon Beats Consumer's Suit Over Late Delivery Again

    A Washington federal judge on Friday permanently threw out a proposed class action accusing Amazon of breaking scheduled delivery promises, finding that the e-commerce giant did not engage in deception by requiring customers to request shipping fee refunds for packages that arrive after a guaranteed time.

  • March 21, 2025

    Lockheed, Navy Push To Nix $8.25M Dock Damage Suit

    Lockheed Martin and the U.S. Navy are urging a Michigan federal judge to dismiss a marine transportation company's lawsuit accusing them of negligently causing $8.25 million worth of damages to its dock while testing a naval combat vessel.

  • March 21, 2025

    Loan Servicer Faces 'Zombie Mortgage' Truth In Lending Suit

    A mortgage loan servicer that allegedly tried to charge a North Carolina borrower $160,000 for a mortgage he discharged in bankruptcy during the Great Recession got hit with a proposed federal class action accusing it and a trust that purportedly attempted to foreclose his house of violating the Truth in Lending Act.

  • March 21, 2025

    Crocs Defends News Release In Bid To Beat Defamation Suit

    Footwear maker Crocs Inc. told a Colorado federal judge Friday that a 2022 news release in which it said Crocs secured "a judgment of infringement" against a rival company was at least substantially true, contending that's enough to defeat the rival's summary judgment bid in a defamation suit.

  • March 21, 2025

    Travelers Wants Exit From $4.5M Faulty Apartment Settlement

    Travelers told a Georgia federal judge Friday that the insurer should not owe the lion's share of a construction contractor's $4.5 million settlement over botched site work at an apartment complex, arguing the bill should be footed by the company's primary policies with Amerisure.

  • March 21, 2025

    Bausch & Lomb Says Amcor Must Pay For Botched Bottles

    A packaging company evaded quality controls to deliver defective plastic bottles that caused a slowdown in manufacturing at a Bausch & Lomb facility, the eye care company has claimed in a complaint filed in Michigan federal court.

  • March 21, 2025

    Off The Bench: Celts Sold, Tennis 'Cartel,' DraftKings In Deep

    In this week's Off The Bench, two BigLaw titans help steer the record sale of a prestigious NBA franchise, tennis pros heap damning antitrust allegations on the sport's leadership, and DraftKings remains mired in a dispute over its use of baseball players' likenesses to promote their gambling offers.

  • March 21, 2025

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

    This past week in London has seen a sub-postmaster sue the Post Office and Fujitsu, Russian insurer Ingosstrakh hit the Financial Times with a defamation claim, and Britvic-owned Robinsons Soft Drinks file a passing off claim against Aldi. Here, Law360 looks at these and other new claims in the U.K.

  • March 20, 2025

    Media Matters Says X Can't Restrict Dispute To Texas

    A nonprofit media watchdog wants to preserve its California federal lawsuit challenging social media site X's efforts to pursue defamation claims in Texas federal court, telling a Texas federal judge that X failed to adequately argue for an anti-suit injunction.

  • March 20, 2025

    'Epic Self-Own': Lively Says Baldoni Libel Suit Hikes Damages

    Blake Lively urged a New York federal judge on Thursday to toss Justin Baldoni's claims that she defamed him with sexual harassment allegations, saying the law prohibits such retaliatory libel suits and that he has committed an "epic self-own" that will put him on the hook for additional damages.

  • March 20, 2025

    Calif. Panel Doubts Byron Allen's $100M McDonald's Suit

    A California appeals panel expressed skepticism Thursday at an attempt by Byron Allen's television companies to revive their $100 million lawsuit accusing McDonald's of lying in a 2021 pledge to spend more advertising money on Black-owned media.

  • March 20, 2025

    Sanyo Owes $1 In Touchscreen Tech Case, Judge Finds

    An electronics manufacturer on Thursday was awarded $1 in damages by a Michigan federal judge after it prevailed on its claim that Sanyo North America Corp. wrongly used its touchscreen technology to develop a vehicle console for General Motors.

  • March 20, 2025

    Ex-Kubient CEO Gets 1 Year For Lying About AI Fraud Tool

    A New York federal judge on Thursday sentenced software company Kubient Inc.'s former CEO to a year and a day in prison for putting $1.3 million in phony revenue on the digital advertising technology company's books and lying about an artificial intelligence-powered tool meant to spot digital ad fraud.

  • March 20, 2025

    Fla. Fund Sued In Del. After Denying Investor Redemptions

    Investors in Florida-based limited partnership P and J Titan Fund LP sued the fund, its general partner, sole director and investment manager in Delaware's Court of Chancery on Tuesday, alleging improper redemption refusals and diversions of funds.

  • March 20, 2025

    Fox Sues Mexico Media Cos. For $13M Over Broadcast Deal

    Fox and its streaming service Tubi have filed suit against a group of Mexican media companies in California federal court alleging they breached contracts over soccer-related broadcasting rights and failed to pay $13 million owed for sublicense agreements.

  • March 20, 2025

    Pot Co. Disputes 'Forgery' Of Service In Banking Suit

    A cannabis company is urging an Oregon federal court to reject a venture capital firm's bid to vacate a default judgment in a suit against a defunct cannabis "neobank," saying the evidence shows the suit was properly served and that receipts weren't forged.

Expert Analysis

  • Likely Doomed CFPB Contract Rule Still Has Industry Pointers

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    While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • What To Expect From Trump's Deputy Labor Secretary Pick

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    President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • Gas Contract Fight Holds Lessons On Force Majeure Clauses

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    Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.

  • Art Fraud Cases Highlight Importance Of Due Diligence

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    Recent high-profile art fraud cases provide a helpful reminder that a healthy skepticism can prevent prospective buyers from becoming victims, and that lawyers can take steps to help safeguard their clients, say attorneys at Arnold & Porter.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • A Deep Dive Into Singapore's New Int'l Arbitration Rules

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    The latest revisions to the Singapore International Arbitration Centre's rules, effective as of Jan. 1, contain numerous innovative and industry-leading updates, including new rules on coordinated and emergency procedures, and third-party funding, say attorneys at WilmerHale.

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • Trump Likely To Prioritize Trade, Customs Fraud Enforcement

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    With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.

  • Recent Suits Show Antitrust Agencies' Focus On HSR Review

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    The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • Private-Bidding Compliance Lessons From Siemens Plea Deal

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    Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.

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