Commercial Contracts

  • January 10, 2025

    Feds Say Rocket Mortgage Can't Avoid Race Bias Suit

    The federal government has pushed back against Rocket Mortgage LLC's motion to dismiss a racial discrimination suit accusing the company and other parties of undervaluing a Black woman's Denver duplex after she applied for refinancing.

  • January 10, 2025

    ESPN, Fox, Warner Bros. Abruptly Scrap Sports Streaming JV

    ESPN, Fox and Warner Bros. Discovery called off their Venu joint live sports streaming venture Friday, just days after ESPN parent company The Walt Disney Co. used the acquisition of a majority stake in streaming startup FuboTV Inc. to nix Fubo's challenge to Venu on the courthouse steps.

  • January 09, 2025

    Amazon Loses Bad Faith Claims Against Nokia At ITC

    A U.S. International Trade Commission judge has shot down Amazon's arguments that Nokia failed to offer reasonable or nondiscriminatory patent license terms, ruling instead that Amazon was infringing a series of Nokia patents related to video technology.

  • January 09, 2025

    Tribe's Atty Looks To Ax Remaining Claims In $14.6M Suit

    An attorney who has represented the Modoc Tribe of Oklahoma as general counsel has asked a federal judge in a $14.6 million racketeering and breach of contract dispute against a computer management company to toss the case or pause it pending a circuit court appeal.

  • January 09, 2025

    Amazon Can't Cancel Audible Auto-Enrollment Suit

    A Washington federal judge declined to toss a California consumer's proposed class action over Amazon's Audible auto-enrollment practices on Wednesday, emphasizing the plaintiff has now specified she never received any emails outlining the terms of the subscription she was allegedly registered for after redeeming a promotional offer.

  • January 09, 2025

    Texas Oil Well Operator's Ch. 11 Plan Approved With Releases

    Oil well operator Independence Contract Drilling received approval Thursday from a Texas bankruptcy judge for its Chapter 11 reorganization plan, which includes consensual third-party releases.

  • January 09, 2025

    5 Things Executive Pay Attys Should Keep An Eye On In 2025

    Tesla chief executive Elon Musk will be seeking a green light for a $56 billion pay package while a new administration in the White House may scuttle proposed incentive pay regulations and a ban on noncompete agreements. Here, Law360 looks at five things executive compensation lawyers will be following in the new year.

  • January 09, 2025

    DirecTV, Dish Say Sports Streamer Harmful Despite Fubo Deal

    DirecTV and Dish are hoping to pump the brakes on any immediate plans to unwind a New York federal court's injunction stopping the ESPN, Fox and Warner Bros. Discovery joint sports venture from hitting the market after Disney announced its majority acquisition of the deal's biggest challenger, Fubo, this week.

  • January 09, 2025

    College Hoopers Ask NC Justices To Hear Free Speech Row

    Eight former Lenoir-Rhyne University women's basketball players and their team manager urged the North Carolina Supreme Court to take up their case claiming the school breached its contracts by removing them from its team for speaking up about racial issues.

  • January 09, 2025

    NJ Firm Accused Of Malpractice Hid Facts, Insurer Says

    An insurer has told a New Jersey federal court that a law firm it insured had no coverage for malpractice allegations because it knew its attorney was accused of bilking a man's heirs out of estate assets years before the firm was sued for wrongdoing, but never told the insurer.

  • January 09, 2025

    Yale Wins Info Battle In $435M Hospital Sale Contract Fight

    Three Connecticut property owners must hand over internal analyses and communications to Yale New Haven Health Services Corp. as it seeks evidence in support of its bid to back out of a $435 million deal to purchase hospitals from Prospect Medical Holdings Inc., a state court judge ruled.

  • January 09, 2025

    White And Williams Elevates New Subrogation Dept. Chair

    White and Williams LLP has elevated a longtime subrogation partner to chair of the firm's subrogation department, in which he has practiced for more than 30 years.

  • January 09, 2025

    Musk Could Dodge Some Claims In X Severance Suit

    Six former Twitter employees who alleged they weren't paid severance benefits after Elon Musk took over the company shouldn't be able to proceed with their claims under Texas law, a Delaware federal magistrate judge said, but he recommended that claims under California and New York law be given a second chance.

  • January 09, 2025

    Rooftop Owner Can't Strike Out Chicago Cubs' Ticket Suit

    A rooftop venue owner accused of selling tickets to Chicago Cubs games and other events without a license cannot ditch the lawsuit and redirect its claims to arbitration because he brought the wrong motion to do so, an Illinois federal judge said Tuesday.

  • January 08, 2025

    Group Alleges $10M 'Sham' In Fla. Plant-Based Co. Stock Deal

    A Canadian investment group has sued two Delaware corporations in Florida federal court over a "sham" stock deal, alleging it was fraudulently induced to sell its plant-based food technology company and later cheated out of $10 million worth of cash and common stock it was promised.

  • January 08, 2025

    2nd Circ. Weighs FIFA Verdicts In Light Of High Court Rulings

    Brooklyn federal prosecutors on Wednesday urged the Second Circuit to reverse a lower court's controversial decision to overturn the bribery convictions of a former 21st Century Fox television executive and an Argentine marketing company, disputing that the U.S. Supreme Court's recent corruption rulings impact the massive FIFA corruption ordeal.

  • January 08, 2025

    Bankrupt Ligado Sues Over $1.7B Cooperation Deal Breach

    Satellite communications company Ligado Networks accused a satellite service provider of breaching a $1.7 billion cooperation deal aimed at facilitating Ligado's terrestrial network operations by failing to upgrade its own satellite terminals and deliver portions of its spectrum.

  • January 08, 2025

    Judge Reverses His Own Ruling In Chicago Hotel Zoning Fight

    An Illinois federal judge ruled against the owners of a historic Chicago hotel Tuesday, dialing back an earlier victory he had granted them last year in a zoning suit against the city.

  • January 08, 2025

    Ex-Marketing Exec Says J&J Unit Dodging Basic Discovery

    An ex-marketing director for Johnson & Johnson's vision unit urged a New Jersey federal judge to order her former employer to produce documents related to its suit alleging she breached a noncompete agreement, arguing its stonewalling of discovery is depriving her of a fair chance to defend herself.

  • January 08, 2025

    Abbott Beats UC Regents' Probiotic Patent Claims

    An Illinois federal judge has found that claims in a pair of patents owned by the University of California related to a baby probiotic were invalid, handing a win to Abbott Laboratories in a suit accusing the company of infringing the patents.

  • January 08, 2025

    MLBPA Unit Drops NIL Suit Against Pirates, Store Chain

    A unit of the Major League Baseball Players Association has dropped a Pennsylvania federal lawsuit that accused the Pittsburgh Pirates and a local convenience store chain of exploiting the names, images and likenesses of team players in marketing materials.

  • January 07, 2025

    Charter Communications Says VP Stole Trade Secrets

    Charter Communications Inc. filed a lawsuit in Connecticut federal court Tuesday against a former executive it claims made off with trade secrets and began working as a senior vice president and chief information officer of a competitor, Metronet.

  • January 07, 2025

    NFT Buyers Can't Sue Over Market Fluctuations, Gallery Says

    A Metaverse-based art collection club has urged a federal judge to dismiss a fraud suit brought by investors claiming it lied about the benefits of investing in its members-only NFT opportunity, arguing that the alleged losses aren't attributable to anything other than market fluctuations and that New York's consumer protection laws do not protect out-of-state investors.

  • January 07, 2025

    Cooper Standard Says $11M Royalty Fight Can't Be Arbitrated

    The former parent company of a group of international automotive product suppliers has asked a Michigan federal judge not to force arbitration of its lawsuit accusing them of stiffing it out of more than $11 million in royalties, saying the suppliers waived their right to arbitration.

  • January 07, 2025

    Aerospace Co. Fights Injunction Bid In Amazon Contract Fight

    A Connecticut-based manufacturer of satellite launcher component parts is urging a federal court to nix a Swedish company's bid for emergency relief as it pursues arbitration over a supply contract for an Amazon project aimed at increasing global broadband access, saying it's blameless in the dispute.

Expert Analysis

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Understanding 2 Types Of Construction Payment Clauses

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    Given the recent trend of states prohibiting pay-if-paid clauses in construction clauses in favor of fortifying contractor protections with pay-when-paid clauses, parties involved in construction projects should take care to understand the nuances between the two clauses, say Jeffery Mullen and Josephine Bahn at Cozen O'Connor.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Loper Fuels Debate Over Merchant Cash Advances As Credit

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    The U.S. Supreme Court's recent rejection of the Chevron doctrine in Loper Bright may escalate a Florida federal court dispute between the Revenue Based Finance Coalition and the Consumer Financial Protection Bureau over whether merchant cash advances should be considered credit under the Dodd-Frank Act, say attorneys at Sheppard Mullin.

  • Nuclear Power Can Help Industrial Plants Get To Net-Zero

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    In the race to fight climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges — but the integration of nuclear energy is a promising solution, so companies should consider the financial and regulatory issues, opportunities, and risk-mitigating factors, say attorneys at Morgan Lewis.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • A Look At The Regulatory Scrutiny Facing Liquid Restaking

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    Recent U.S. Securities and Exchange Commission enforcement actions highlight the regulatory challenges facing emerging financial instruments like liquid restaking tokens and services, say Daniel Davis and Alexander Kim at Katten.

  • 3 Notes For Arbitration Agreements After Calif. Ruling

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    After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • How Justices' E-Rate Decision May Affect Scope Of FCA

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    The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • Addressing The Growing Hazards Of Mass Arbitration

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    Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.

  • Opinion

    Prejudgment Interest Is A Game-Changer In Ill. Civil Suits

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    Civil litigation can leave plaintiffs financially strained and desperate for any recovery, especially when defendants use delaying tactics — but the Illinois Legislature's move to allow prejudgment interest has helped bring litigants to the table earlier to resolve disputes, minimizing court expenses and benefiting all parties, says Benjamin Crane at Coplan + Crane.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

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