Commercial Contracts

  • October 29, 2024

    Retired Fed. Circ. Judge Backs Invisalign In Monopoly Cases

    Retired Federal Circuit Judge Paul R. Michel warned the Ninth Circuit on Tuesday that reversing a lower court's decision to toss a pair of class actions accusing Invisalign of monopolizing the clear braces and teeth scanners market by illegally refusing to deal with a rival would increase patent owners' legal uncertainties.

  • October 29, 2024

    ByteDance's Sanctions Bid Against Ex-Worker Delays Trial

    A California federal judge delayed a trial in a wrongful termination lawsuit filed by an engineer formerly at TikTok's parent company ByteDance, directing the parties on Tuesday to instead submit briefing on the defendants' motion to terminate the case as a sanction for the plaintiff's alleged destruction of evidence and perjury.

  • October 29, 2024

    Lye Buyers Can't Save Rejected $38.5M Antitrust Settlement

    A New York federal judge refused Tuesday to change her mind about rejecting a $38.5 million class settlement between direct chemical buyers and three manufacturers accused of colluding to inflate the price of lye.

  • October 29, 2024

    Pet Toy Co. Parent Says Management Rights Fight Isn't Stale

    The parent company for pet toy maker Kong Co. has urged a Colorado state judge not to cast aside a suit seeking a declaration of its management rights in Kong, arguing in a brief that the dispute is alive even if its complaint raises the past.

  • October 29, 2024

    Pa. Seeks State Takeover Of Embattled Hospital System

    Pennsylvania urged a state court to appoint a receiver for a hospital system after its operator, Prospect Medical Holdings Inc., allegedly violated an asset purchase agreement by spending millions of dollars on its investors instead of healthcare system management.

  • October 29, 2024

    Ga. Court Says Apt. Must Face Shooting Death Suit

    The Georgia Court of Appeals affirmed a trial court ruling holding that an apartment complex company's attempt to waive its liability for third-party crimes in a lease agreement with a tenant who was shot and killed is void and unenforceable under Peach State law.

  • October 29, 2024

    Argent Strikes Symbria ESOP Suit Settlement Deal

    A class of Symbria Inc. workers alleging mismanagement of their employee stock ownership plan told an Illinois federal court they had reached a settlement with ESOP trustee Argent Trust Co. to end their federal benefits lawsuit.

  • October 29, 2024

    Baseball Bat Cos. Reach Deal To End Fla. Trademark Battle

    A baseball bat company owned by ex-MLB player Yoenis Céspedes has settled an intellectual property lawsuit against several businesses over baseball bats, months after a Florida federal judge handed the former New York Mets outfielder's business a preliminary injunction in the case.

  • October 29, 2024

    NBA Angles To Keep Sensitive Media Rights Info Under Wraps

    Litigation over the National Basketball Association's broadcast rights lurched ahead Tuesday as the league published carefully redacted documents detailing its negotiations with media heavyweights while asking a New York state court to keep sensitive details under wraps.

  • October 29, 2024

    Greenberg Traurig Adds Bradley Arant Banking Ace In Dallas

    Greenberg Traurig LLP has brought on a former Bradley Arant Boult Cummings LLP counsel to its Dallas office to meet client demand, bolstering the firm's expertise in guiding banks on financial regulatory compliance and enforcement matters with a former senior attorney for the Federal Deposit Insurance Corp., the firm announced Tuesday.

  • October 29, 2024

    Burns & Levinson Atty Duo Latest To Join Blank Rome

    Blank Rome has announced it added a pair of attorneys from Burns & Levinson to its office in Boston, a move that the firm said bolsters its litigation and corporate capabilities and serves as the latest example of lawyers moving between the two firms since Blank Rome opened the office in April with 25 Burns & Levinson corporate and finance attorneys.

  • October 29, 2024

    Roberto Clemente's Family Drops Bias Suit Against Allstate

    A long-running discrimination lawsuit against Allstate, filed by the insurance agency run by the son of baseball legend Roberto Clemente, has officially come to a close with a Tuesday dismissal following a settlement reached last month.

  • October 29, 2024

    Akerman Hires 2 IP Partners From Kilpatrick In NYC

    Akerman LLP announced Monday that two former partners at Kilpatrick Townsend & Stockton LLP are the latest additions to its intellectual property practice group in New York City.

  • October 29, 2024

    Financial Firm Gets $1.4M Placeholder Against Adviser

    A Connecticut state court judge has granted a financial firm's bid for a nearly $1.4 million placeholder against an exiting financial adviser during ongoing FINRA arbitration, reasoning the firm has shown a likely chance of proving the adviser siphoned customers during a transition to a new broker-dealer.

  • October 29, 2024

    Ex-Jones Day Litigator Joins Honigman In Detroit

    Honigman LLP has brought on a former Jones Day business and tort litigation associate as a business litigation practice group partner.

  • October 28, 2024

    Partner Sues Over Firm Breakup After $100M Conn. Verdict

    Ryan C. McKeen, the former CEO of a trial firm known for high-dollar verdicts, is wrongfully trying to arbitrate a dispute over the terms of the practice's breakup, his former law partner Andrew P. Garza alleged in a state court showdown between the two 50% owners and their families.

  • October 28, 2024

    ​​​​​​​Nokia Strikes Deal Ahead Of Trial In Texas Patent Co.'s Suit

    Less than two weeks before a jury trial is set to begin, intervenor Nokia of America and patent owner Wireless Alliance LLC struck a deal resolving part of a lawsuit accusing telecommunication behemoths AT&T, Verizon and T-Mobile of patent infringement, according to a settlement notice filed in Texas federal court Friday.

  • October 28, 2024

    9th Circ. Nixes Arbitration In Live Nation Ticket Sale Suit

    The Ninth Circuit affirmed Monday that Live Nation and Ticketmaster can't force consumer litigation over allegedly exorbitant ticket prices into arbitration, ruling in a published opinion that the underlying arbitration agreement linking to "borderline unintelligible" arbitral rules is unenforceable.

  • October 28, 2024

    X Says Watchdog's Discovery Can't Target Musk In Libel Suit

    X Corp. fired back Monday at a left-leaning watchdog's attempt to secure information concerning how the social media platform polices its content, telling a Texas federal judge that the organization is merely trying to get a "scoop" by obtaining Elon Musk's personal messages.

  • October 28, 2024

    Investment Firm's Head Indicted For Alleged Ponzi Scheme

    Federal prosecutors have unsealed an indictment accusing a Utah man of carrying out a Ponzi scheme to embezzle millions of dollars from private investors who believed they were contributing to restaurant ventures.

  • October 28, 2024

    Parts Manufacturer Tells Pa. Jury Competitor Poached Stats

    A lawyer for hardware manufacturer Penn Engineering & Manufacturing Corp. told a federal jury in Philadelphia on Monday that one of its competitors used performance data from Penn's products to boost its own line of parts, creating confusion among consumers.

  • October 28, 2024

    NASA Says Sensor Co.'s Contract Breach Case Should Fail

    NASA has said the U.S. Court of Federal Claims should throw out a sensor business's breach of contract suit over commercialization and licensing deals related to patented NASA technology, saying certain milestones couldn't be reached under the pact.

  • October 28, 2024

    Fidelity Investments Sued Over Money Market Fund's Fees

    Fidelity Investments has been hit with a class action suit in New York federal court alleging it charged high fees, mismanaged the administration of one of its money market funds, and failed to act in the best interests of the fund's shareholders. 

  • October 28, 2024

    FuboTV Fights To Keep Broadcast Bundling Under Scrutiny

    Sports streaming service FuboTV is pushing to keep its antitrust claims against the content distribution used by Disney, Fox and Warner Bros. Discovery in court, telling a New York federal judge such arrangements "freeze out" smaller distributors.

  • October 28, 2024

    Tribe-Linked Lenders Flouted Interest Laws, Borrower Says

    A Florida man and his purported data analytic companies face a proposed class action alleging they improperly touted a relationship with a small Native American tribe as they made consumer loans with triple-digit annual interest rates.

Expert Analysis

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

    Author Photo

    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Google And The Next Frontier Of Divestiture Antitrust Remedy

    Author Photo

    The possibility of a large-scale divestiture in the Google search case comes on the heels of recent requests of business breakups as remedies for anticompetitive conduct, and companies should prepare for the likelihood that courts may impose divestiture remedies in the event of a liability finding, say Lauren Weinstein and Nathaniel Rubin at MoloLamken.

  • Considering Possible PR Risks Of Certain Legal Tactics

    Author Photo

    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • Exploring Practical Employer Alternatives To Noncompetes

    Author Photo

    With the Federal Trade Commission likely to appeal a federal court’s recent rejection of its noncompete ban, and more states limiting the enforceability of these agreements, employers should consider back-to-basics methods for protecting their business interests and safeguarding sensitive information, says Brendan Horgan at FordHarrison.

  • It's No Longer Enough For Firms To Be Trusted Advisers

    Author Photo

    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Service Agreement Lessons From July's Global Tech Outage

    Author Photo

    The worldwide outages recently caused by Crowdstrike Holdings' misconfigured software update highlight the need to evaluate potential IT vendors, negotiate certain service agreement terms, and review existing agreements and diligence forms to help prevent future disruptions and mitigate the fallout should one occur, say attorneys at WilmerHale.

  • Rise Of Transpo Contractors Brings Insurance Disputes

    Author Photo

    As more independent contractors are contracted and subcontracted in the delivery industry, companies must be prepared to defend claims from drivers who are injured on the job as they are often seeking to establish an employment relationship with one of the entities in the chain, says Nathan Milner at Goldberg Segalla.

  • Co-Tenancy Clause Pointers For Shopping Center Landlords

    Author Photo

    Large retail tenants often require co-tenancy provisions in their leases, entitling them to remedies if a shopping center's occupancy drops in certain ways, but landlords must draft these provisions carefully to avoid giving tenants too much control, says Gary Glick at Cox Castle.

  • What VC Fund Settlement Means For DEI Grant Programs

    Author Photo

    An unexpected settlement in American Alliance for Equal Rights v. Fearless Fund, based on specific details of an Atlanta venture capital fund's challenged minority grant program, leaves the legal landscape wide open for organizations with similar programs supporting diversity, equity and inclusion to chart a path forward, say attorneys at Moore & Van Allen.

  • New Lessons On Managing Earnout Provision Risks

    Author Photo

    Earnout provisions can be a useful tool for bridging valuation gaps in M&A, particularly in developmental-stage pharmaceutical transactions, but the Delaware Chancery Court’s recent decision in Shareholder Representative Services v. Alexion sheds new light on the inherent risks and best practices for managing them, say attorneys at Cleary.

  • How Methods Are Evolving In Textualist Interpretations

    Author Photo

    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • Employer Arbitration Lessons From Calif. Consumer Ruling

    Author Photo

    Although a California state appeals court’s recent arbitration ruling in Mahram v. Kroger involved a consumer transaction, the finding that the arbitration agreement at issue did not apply to a third-party beneficiary could influence how employment arbitration agreements are interpreted, says Sander van der Heide at CDF Labor Law.

  • Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling

    Author Photo

    The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.

  • Why Attorneys Should Consider Community Leadership Roles

    Author Photo

    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

    Author Photo

    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Commercial Contracts archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!