Commercial Contracts

  • October 16, 2024

    Pa. AG Wants State Claims Restored In FTC Amazon Suit

    Pennsylvania's attorney general wants to get back into a joint state and federal antitrust case against Amazon, asking a Washington federal judge to reconsider tossing claims under Pennsylvania's consumer protection law because Amazon allegedly concealed its unfair trade practices from Pennsylvania customers.

  • October 16, 2024

    Georgia EV Battery Manufacturer Settles Fire Suit

    A Georgia electric vehicle battery manufacturer has reached a settlement ending a recycling facility's suit alleging it caught fire and burned to the ground last year after the manufacturer allegedly sent hundreds of charged lithium-ion battery scraps to the facility.

  • October 16, 2024

    PE Firm Trashed Exec To Avoid Payout In $98M Deal, Suit Says

    A Summit Partners affiliate and several executives concocted false allegations of misconduct to get out of fully compensating the owner of an investment management firm as part of an acquisition worth a reported $97.6 million, according to a complaint filed in Massachusetts state court.

  • October 16, 2024

    Railroad Holding Locomotive 'Hostage,' G&W Unit Says

    A Connecticut railroad has held a locomotive "hostage" since it derailed in August and is trying to "extort" its rightful owner for more than $100,000, according to a federal lawsuit that brings claims including larceny and unfair trade practices against Housatonic Railroad Co. Inc.

  • October 15, 2024

    Uber Faces Scrutiny From NY High Court In Negligence Case

    Judges on New York's highest court on Tuesday grilled an Uber attorney over whether the rideshare company violated ethical rules when it failed to omit a user already pursuing a negligence lawsuit against it from an email blast providing notice about an updated arbitration agreement in its terms of use.

  • October 15, 2024

    10th Circ. Finds Doll Co. Can Bring Copyright Suit In Utah

    A Utah company that makes realistic human-sized dolls won a ruling from the Tenth Circuit on Tuesday that it can sue two Chinese companies for counterfeiting in Utah federal court because those businesses agreed to the jurisdiction of anywhere Amazon can be legally "found."

  • October 15, 2024

    $215M Appeal Could Hinge On Whether Email Changed Deal

    An email thread referencing salt standards was not meant to be an enforceable part of a fracking water treatment plant contract, a French water firm told Colorado appellate judges Tuesday in its attempt to avoid a $215 million judgment for breaching those standards.

  • October 15, 2024

    Biz Fights Partner's $32.8M Cut Of Texas Migrant Busing Deals

    A transportation company sued to vacate an arbitration decision awarding an affiliate a $32.8 million share of migrant busing contracts under Texas' Operation Lone Star, saying the partner can't claim earnings from an initiative that didn't exist when their partnership began.

  • October 15, 2024

    Gamers End Challenge Of Microsoft's $69B Activision Deal

    Microsoft reached an agreement ending a challenge from a group of gamers targeting its $69 billion deal for Activision Blizzard as a merger challenge from the Federal Trade Commission remains pending at the Ninth Circuit.

  • October 15, 2024

    Realtors Ask High Court To Quash DOJ Antitrust Probe

    The National Association of Realtors has petitioned the U.S. Supreme Court for review of a ruling that would allow the U.S. Department of Justice's Antitrust Division to reopen an investigation into the trade group's rules and policies after an earlier settlement.

  • October 15, 2024

    Finnish Sports Biz Wins Asset Freeze In $1.2M NHL Deal Suit

    A Massachusetts federal judge on Tuesday granted a Finland-based sports management company's request to freeze the assets of the American owner behind a shuttered agency that represented hockey players while it pursues litigation seeking more than $1.2 million owed from a deal to represent Finnish players in the NHL.

  • October 15, 2024

    Investment Firm Says CNA Must Defend Competition Suits

    An investment adviser firm said a CNA unit must cover underlying suits accusing it of stealing a competitor firm's employees and soliciting its investors, telling a Connecticut federal court that the allegations constitute disparagement and advertising injury sufficient to trigger the insurer's duty to defend.

  • October 15, 2024

    Ex-Dodger Bauer Sues Accuser For Alleged Settlement Breach

    Former Major League Baseball pitcher Trevor Bauer has filed a California state court lawsuit against a woman who previously accused him of sexual assault, alleging that the two reached an out-of-court settlement but that she violated the deal by falsely claiming in public he paid her $300,000.

  • October 15, 2024

    Morgan Stanley, BofA Sued Over Cash Sweep Programs

    Minnesota-based financial services company Safron Capital Corp. launched a pair of proposed class actions against Morgan Stanley and Bank of America in New York alleging the firms used their so-called cash sweep programs "to generate massive revenue for themselves at the expense of their customers."

  • October 15, 2024

    Lenovo, InterDigital Settle Patent And Antitrust Suits

    A Delaware federal judge on Tuesday dismissed long-running antitrust and patent claims between Lenovo and InterDigital on Tuesday, after InterDigital announced the companies would drop their allegations in accordance with the terms of a patent licensing deal and a binding arbitration agreement.

  • October 15, 2024

    Mich. Judge Unsure If PE Firm's Loan Broke Usury Law

    The interest rate on a private equity firm's loan to a Detroit house-flipping venture exceeded usury limits, but it was unclear whether the lender knowingly charged an excessive rate, a Michigan state judge ruled after the case returned from a trip to the Michigan Supreme Court. 

  • October 15, 2024

    Ex-'Top Chef' Hopeful Sues Over Ouster From Food Hall

    A former celebrity chef who worked for a new Pittsburgh food hall is suing his ex-partner in Pennsylvania state court, claiming he was ousted for no good reason and is owed money for years of work setting up the business.

  • October 15, 2024

    Judge Rejects Firm's 'Support' Framing In Racetrack Flaw Suit

    A Florida state judge on Tuesday denied an attempt by a British racetrack consultant to define its role as merely providing "support" to the construction of a track that failed during the Formula 1 Miami Grand Prix race in 2022.

  • October 15, 2024

    Aerospace Firm Must Hand Over Bank Accounts To Buyer

    A Colorado state judge entered an emergency order Monday forcing a Colorado aerospace company that sold its assets to California-based Interconnect Solutions Co. for $15 million to turn over its business accounts to ISC, which said the accounts are needed to perform work for customer Lockheed Martin.

  • October 15, 2024

    Law Firms Diverge As Anti-ESG Pushback Continues

    A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.

  • October 15, 2024

    The 2024 Law360 Pulse Social Impact Leaders

    Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.

  • October 15, 2024

    Justices Let Solicitor General Argue In E-Rate Fraud Case

    The Solicitor General's Office will defend private citizens' ability to sue for E-rate fraud on behalf of the government under the False Claims Act, after the U.S. Supreme Court on Tuesday granted the solicitor general's request to participate in oral arguments in an AT&T subsidiary's challenge to the law's application.

  • October 11, 2024

    With Swipe At Attys, CFPB's Chopra Defends Use Of Guidance

    At a tough-talking appearance in Utah on Friday, Consumer Financial Protection Bureau Director Rohit Chopra said he doesn't sweat potential legal challenges to his agency's rules and suggested some industry-side attorneys can be "leeches" who relish compliance uncertainty if it boosts their billable hours.

  • October 11, 2024

    Fla. Suit Over $79M Bezos Property Purchase Moves Forward

    A Florida state court judge on Friday denied a motion to dismiss a lawsuit accusing a real estate broker of misrepresenting that Amazon founder Jeff Bezos wasn't the true purchaser of a $79 million property on Miami's exclusive Indian Creek Island, causing the seller to reduce the listing price by millions.

  • October 11, 2024

    La. Sugarcane Cos. Skimped On Migrant Work Pay, Suit Says

    Mexico residents who worked for two Louisiana sugarcane businesses have lodged a proposed class against their former employers in Louisiana federal court, alleging the companies secured the wrong temporary work visas to avoid paying higher wages and failed to reimburse preemployment expenses.

Expert Analysis

  • Rare Robinson-Patman Ruling Exhibits Key Antitrust Risk

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    A rare federal court decision under the Robinson-Patman Act, which prohibits certain kinds of price discrimination, highlights the antitrust risks faced by certain suppliers and is likely to be cited by future plaintiffs and enforcement officials calling for renewed scrutiny of pricing and discounting practices, say attorneys at Baker McKenzie.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Beware Shifting Provisions In Middle-Market Loan Documents

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    In recent years, many credit facility provisions previously considered to be market standard have been negotiated, often turning in favor of borrowers, demanding renewed diligence from workout officers and restructuring counsel operating in the middle market, say attorneys at Crowell & Moring.

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • 9th Circ. Ruling Shows Lies Must Go To Nature Of Bargain

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    The Ninth Circuit’s recent U.S. v. Milheiser decision, vacating six mail fraud convictions, clarifies that the key question in federal fraud cases is not whether lies were told, but what they were told about — thus requiring defense counsel to rethink their strategies, say Charles Kreindler and Krista Landis at Sheppard Mullin.

  • Adopting 7 Principles May Improve Voluntary Carbon Markets

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    The Biden administration's recently issued joint policy statement on improving the integrity of voluntary carbon markets may help companies using carbon credits to offset their emissions withstand scrutiny by government agencies, the public and investors, say attorneys at Morgan Lewis.

  • Managing Legal Risks After University Gaza Protests

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    Following the protests sparked by the war in Gaza, colleges and universities should expect a long investigative tail and take steps to mitigate risks associated with compliance issues under various legal frameworks and institutional policies, say Wiley's Diana Shaw and Colin Cloherty.

  • Debate Over CFPB Definition Of Credit Is Just Beginning

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    The Consumer Financial Protection Bureau has recently worked to expand the meaning of credit, so anyone operating on the edges of the credit markets, or even those who assumed they were safely outside the scope of this regulatory perimeter, should pay close attention as legal challenges to broad interpretations of the definition unfold, says John Coleman at Orrick.

  • Abu Dhabi Ruling Hints At More Arbitration-Friendly Approach

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    The international and comparative rationale an Abu Dhabi onshore court used to decide that an arbitration agreement referencing a defunct arbitration center was still enforceable suggests that the UAE judiciary may be adopting a more flexible, pro-arbitration framework and stabilizing Dubai's arbitration landscape, say attorneys at Reed Smith.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

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