Commercial Contracts

  • November 14, 2024

    Judge Vows Atty Fee Trims For Handling Of $90M Google Deal

    A California federal judge overseeing Google's $90 million antitrust deal with Play Store developers on Thursday blasted counsel representing smaller developer plaintiffs and the administration company handling the settlement, criticizing the administrator's work as "the worst performance I've seen" and vowing to trim the attorney fees "substantially."

  • November 14, 2024

    'The World Has Changed': Google's $700M Deal Gets 2nd Look

    The California federal judge considering Google's $700 million antitrust deal with states and consumers told plaintiffs' counsel Thursday to review the settlement terms to ensure that they comport with Google Play store changes he ordered in Epic Games' separate lawsuit, saying "the world has changed" since they struck the deal.

  • November 14, 2024

    LuLaRoe Hit With $164M Verdict In Contract, Fraud Trial

    Troubled multilevel marketing company LuLaRoe has been saddled with a $164 million jury verdict in California state court for breaching its contract with a clothing supplier and fraudulently hiding assets in real estate ownership entities and a race car company to avoid paying up.

  • November 14, 2024

    McDonald's Vendor Says Partner Owes Him $6M Over Ice-Out

    A longtime property management vendor for McDonald's Corp. is accusing a business partner of pushing him out of their company just as it was poised to triple the number of sites it would maintain for the fast-food chain, in a $6 million lawsuit filed Thursday in Massachusetts state court.

  • November 14, 2024

    NYC Speeds Away From Taxi Drivers' RICO Claim

    New York City and its transportation officials have escaped a racketeering suit filed by New York cabdrivers that accused them of artificially pumping the value of taxi licenses, a federal judge ruled, saying that drivers failed to show that awarding them money would prevent others from becoming victims of the same allegedly "fraudulent scheme."

  • November 14, 2024

    Man Found Guilty Of Scamming NBA Players Seeks New Trial

    A Georgia businessman and recidivist fraudster is seeking a retrial after being convicted of swindling former NBA players Dwight Howard and Chandler Parsons out of a combined $8 million, in a scheme under which the pro basketball players believed their money was going toward legitimate investments.

  • November 14, 2024

    Houston Back Wages Trial Was 'Circus,' Atty Tells Court

    A California attorney who lost his bid for back wages from a Houston commercial litigation firm where he was formerly an associate asked a Texas appeals court to order a new trial, writing that his former law firm's attorneys "turned the trial into a circus" about his personal life.

  • November 14, 2024

    Clutch-Maker Sues Off-Road Vehicle Co. For Stalled Royalties

    An off-road vehicle maker in North Carolina has shortchanged a Canadian manufacturer on royalty payments for a clutch and is otherwise tarnishing the supplier's reputation by selling vehicles that frequently malfunction, according to a newly filed federal lawsuit in the Tar Heel State.

  • November 14, 2024

    Cherokee Nation Can't Get Ark. Casino Amendment Blocked

    An Arkansas amendment that revokes the casino gaming license of a Cherokee Nation tribal entity has taken effect after a federal district court judge denied a bid to block the measure while also dismissing the state and its racing commission as defendants in the litigation.

  • November 14, 2024

    Ben & Jerry's Says Unilever Broke Their Deal Over Gaza

    Ben & Jerry's sued its parent company, Unilever, Wednesday in New York federal court accusing the consumer goods giant of breaching their settlement agreement that allows the ice cream company freedom in taking political stances by trying to dismantle its independent board and muzzle its stance on the war in Gaza.

  • November 14, 2024

    Termination Agreement Sinks Pastry Shop Injury Suit

    A Pennsylvania appeals court won't revive an injury claim from a man who says he fell while delivering baked goods to Martin's Famous Pastry Shoppe Inc., saying an agreement to terminate their working relationship released any claims related to that relationship.

  • November 14, 2024

    Chipmaker's 'Bounty' Lawsuit Was 'Nonsensical,' Court Told

    A pair of litigation businesses want a California federal court to punish a Taiwanese chipmaker for responding to a patent lawsuit with "frivolous," "meritless" and "nonsensical" antitrust allegations surrounding use of a "bounty" to encourage litigation.

  • November 14, 2024

    Conn. Atty Must Pay $282K Default In Estate's Home Sale Suit

    A Connecticut attorney must pay a $282,000 default judgment for distributing real estate proceeds to at least one "unknown party" and writing a bad check to a trust beneficiary after a $1.2 million home sale, a state trial court judge has ruled.

  • November 14, 2024

    DLA Piper Int'l Arbitration Co-Chair Swaps Paris For NY

    DLA Piper said Wednesday that its Paris-based international arbitration practice co-chair is crossing the Atlantic to lead the team from New York, a move he says "will help us build on the very strong base we already have in place there."

  • November 13, 2024

    Telecom Co. Lumen's Contract Breach Suit Survives, For Now

    A Colorado federal judge on Tuesday ruled that an engineering consulting firm is liable to telecommunications company Lumen Technologies for damages caused by a subcontractor's faulty structural analysis, but said she couldn't yet rule on whether Florida law and a two-year statute of limitation barred Lumen's claims against the firm.

  • November 13, 2024

    Live Nation Ruling Chills Modern Arbitration, 9th Circ. Told

    The Ninth Circuit's recent decision invalidating Live Nation Entertainment Inc. and Ticketmaster's choice of a digital arbitration startup for consumer antitrust claims has created "massive uncertainty" and undermines innovative approaches for dealing with abusive mass arbitrations, the live event companies argued in a rehearing petition Tuesday.

  • November 13, 2024

    Judge To Confirm Ambri Ch. 11 Wind-Down Plan

    A Delaware bankruptcy judge Wednesday agreed to approve the Chapter 11 plan of battery company Ambri Inc., which will sell its assets to its lenders and wind down.

  • November 13, 2024

    Connecticut Banking Dept. Can Fine Legal Funder, Judge Says

    The Connecticut Department of Banking has jurisdiction over a legal funding company under the state's Small Loan Act, a state judge ruled in dismissing an administrative appeal linked to a $25,000 fine that the regulator imposed.

  • November 13, 2024

    Exploration Co. Opposes Atty DQ Bid In Fla. Shipwreck Suit

    An exploration company being sued by an ocean salvage operation in a dispute involving a sunken Spanish galleon is pushing back on a bid to have its would-be attorney disqualified, claiming procedural rules haven't been followed and that there is no conflict warranting the lawyer's exclusion.

  • November 13, 2024

    Paralegal Says She's Owed For Work On Stuart Scott Estate

    A former paralegal at the disbanded Hartford, Connecticut-based firm Rome McGuigan PC claims in a recently filed suit that she is owed $50,000 for work she performed while the firm represented the estate of legendary ESPN anchor Stuart Scott.

  • November 13, 2024

    Team Owner Hits United Soccer League With Fraud Suit

    The owner of professional soccer team Northern Colorado Hailstorm FL has sued the United Soccer League for fraud in California state court, alleging the league never paid the team prize money for winning the inaugural USL League One Jaegermeister Cup and uses league funds to promote its other products while not helping out its League One teams.

  • November 13, 2024

    Connecticut Atty Frees AAA From Firm Break-Up Spat

    Connecticut attorney Andrew P. Garza has removed the American Arbitration Association as a defendant from a lawsuit seeking to block his former 50-50 partner Ryan C. McKeen from arbitrating a dispute about their law firm's breakup, according to a withdrawal notice filed Tuesday in state court.

  • November 13, 2024

    Perkins Coie Insurance Litigator Returns From Pillsbury

    Perkins Coie LLP is rehiring an insurance litigator from Pillsbury Winthrop Shaw Pittman LLP, as the firm's insurance recovery work has more than doubled in the past three years, that group's practice chair told Law360 Pulse on Wednesday.

  • November 12, 2024

    Catfished Ex-NBA Player Says Atty Stole Cash, Blew Film Deal

    A former NBA player is suing his longtime attorney for legal malpractice in Colorado state court, claiming the attorney stole his money and failed to protect his intellectual property rights while negotiating the terms of a documentary deal about his victimization in an elaborate online catfishing scheme.

  • November 12, 2024

    Shuttered NHL Talent Rep Appeals Asset Freeze To 1st Circ.

    The owner of a now-defunct talent agency that represented professional hockey players is asking the First Circuit to overturn a ruling that froze his assets while a suit from a rival Finland-based management company proceeds in Massachusetts federal court.

Expert Analysis

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • NY Ruling Offers A Foreclosure Road Map For Lenders

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    A New York appellate court recently upheld a summary judgment ruling in favor of a commercial lender's foreclosure in U.S. Bank v. 1226 Evergreen Bapaz, illustrating the proofs lenders will need to prosecute a foreclosure action, especially where the plaintiff is an assignee of the originating lender, say attorneys at Sherman Atlas.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Opinion

    OFAC Sanctions Deserve To Be Challenged Post-Chevron

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    The U.S. Supreme Court's Loper Bright decision opens the door to challenges against the Office of Foreign Assets Control's sanctions regime, the unintended consequences of which raise serious questions about the wisdom of what appears to be a scorched-earth approach, says Solomon Shinerock at Lewis Baach.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • Ambiguity Ruling Highlights Deference To Arbitral Process

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    A New York federal court’s recent ruling in Eletson v. Levona, which remanded an arbitral award for clarification, reflects that the ambiguity exception’s analysis is not static and may be applied even in cases where the award, when issued, was unambiguous, says arbitrator Myrna Barakat Friedman.

  • 2 Rulings Serve As Conversion Fee Warnings For Banks

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    A comparison of the different outcomes in Wright v. Capital One in a Virginia federal court, and in Guerrero v. Bank of America in a North Carolina federal court, highlights how banks must be careful in describing how currency exchange fees and charges are determined in their customer agreements, say attorneys at Weiner Brodsky.

  • Expect CFPB To Enforce Warning Against 'Coercive' Fine Print

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    The recent Consumer Financial Protection Bureau warning against unenforceable terms "deceptively" slipped into the fine print of contracts will likely be challenged in court, but until then, companies should expect the agency to treat its guidance as law and must carefully scrutinize their consumer contracts, say attorneys at Ballard Spahr.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Leveling Up IP Protections For Video Game Icons' Film Debuts

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    Video game creators venturing into new realms of entertainment that include their iconic characters, such as television and film adaptations, should take specific steps to strengthen their intellectual property rights, say Joshua Weigensberg and Parmida Enkeshafi at Pryor Cashman.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Mitigating Risks Amid 10-Year Sanctions Enforcement Window

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    In response to recent legislation, which doubles the statute of limitations for actions related to certain U.S. sanctions and provides regulators greater opportunity to investigate possible violations, companies should take specific steps to account for the increased civil and criminal enforcement risk, say attorneys at Freshfields.

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