Commercial Contracts

  • 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.

  • November 12, 2024

    Visa To Fight Market Definition In DOJ Antitrust Case

    Attorneys for Visa told a New York federal judge on Tuesday that the company plans to argue the U.S. Department of Justice's debit card monopolization case should be tossed because it ignores a key payment method and attacks legitimate contracts.

  • November 12, 2024

    'Sophie's Choice' Theater Rights Case Trimmed

    A Massachusetts judge on Tuesday cut a playwright's tortious interference and breach of fiduciary duty claims from a lawsuit against the 95-year-old widow of "Sophie's Choice" author William Styron.

  • November 12, 2024

    Unsatisfied With $70M UTC Win, Sandoz Appeals To 3rd Circ.

    Sandoz Inc. has moved to appeal its already $70 million-plus breach of contract damages win over biopharmaceutical firm United Therapeutics Corp., teeing up a Third Circuit request to ask for more damages and to revive antitrust claims previously tossed by a New Jersey federal court.

  • November 12, 2024

    Hertz Investors Urge Chancery Not To Toss Stock Warrant Suit

    An attorney for two Hertz Inc. institutional investors told a Delaware judge Monday that the vehicle rental giant relied on an impermissible reinterpretation of a warrant agreement to reject a redemption demand purportedly triggered by the company's post-Chapter 11 recapitalization.

  • November 12, 2024

    American Airlines Escapes Pandemic Early Retirement Suit

    A Texas federal court on Tuesday agreed to permanently toss a group of flight attendants' suit against American Airlines Inc. alleging they were misled into taking a less favorable retirement package during the height of the COVID-19 pandemic, finding a suit dismissed earlier over the same conduct bars their claims. 

  • November 12, 2024

    Arkansas Fights Bid To Block Cherokee Casino Amendment

    Arkansas is looking to dismiss a challenge by two Cherokee Nation businesses that seeks to block an amendment revoking one of the tribal entities' casino gaming license, arguing that "the glaring obstacle" of the Eleventh Amendment bars lawsuits against states in federal court.

  • November 12, 2024

    Developers Seek Dual $15M Deals In Conn. Mixed-Use Case

    A pair of companies connected to Connecticut developers Paxton Kinol and Brandon E. Lacoff have indicated that they'd be willing to accept two settlements of $15 million each to end their accusations that investors diverted $293.5 million in sale proceeds through a self-serving transfer agreement.

  • November 12, 2024

    Consultant In $213M 'Maya' Trial Says Atty Ducked Bill

    A trial consultant company that helped the attorney for the family of Maya Kowalski, the girl at the heart of the Netflix documentary "Take Care of Maya," win a $213 million judgment against Johns Hopkins All Children's Hospital Inc. is now suing the Kowalskis' attorney for allegedly failing to pay his bill.

  • November 12, 2024

    Navajo Co. Says Paralegal Blocking Return Of Privileged Docs

    A Navajo Nation natural resources company is suing a former paralegal in Colorado state court to enforce a settlement requiring the return of confidential documents that she allegedly emailed to herself, accusing the paralegal of "erecting unreasonable roadblocks" to their agreement.

  • November 12, 2024

    10th Circ. Backs Arbitration Denial In Distributor's OT Suit

    The Tenth Circuit declined Tuesday to disturb a ruling that a baking company can't boot to arbitration a distributor's lawsuit alleging he was denied overtime pay, finding the worker is exempt from arbitration because he's engaged in interstate commerce even though he doesn't cross state lines.

  • November 12, 2024

    Trial Consultant Agrees To Keep Ex-Employer's Biz Info Secret

    An ex-employee for jury analysis firm Jury-X has agreed to avoid using the company's confidential information while its trade secrets lawsuit unfolds, according to a stipulation filed Tuesday in North Carolina federal court.

  • November 12, 2024

    Suit Demands Boston Boutique Return Escrowed $7M

    A Chinese company says a Boston law firm has refused to account for or return $7 million in escrowed funds that were supposed to be used to secure a line of credit, allegedly ignoring the company's requests for months, according to a complaint filed in Massachusetts state court.

Expert Analysis

  • Series

    Rock Climbing Makes Me A Better Lawyer

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

    Author Photo

    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

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!