Commercial Contracts

  • May 20, 2024

    Ski Resorts Can't Dodge Safety Duties, Colo. Justices Rule

    Colorado ski resorts can't use waivers to free themselves from liability for failing to follow state ski safety laws, the state Supreme Court ruled Monday, concluding that allowing ski resorts to escape such liability would frustrate lawmakers' intent.

  • May 20, 2024

    UTA Atty Sued Over 'Pathological Liar' Remark Nears Win

    Counsel for MediaLink's founder on Monday urged a Los Angeles judge not to toss his $125 million defamation suit against United Talent Agency's attorney for publicly calling him a "pathological liar," saying the tentative ruling protecting the attorney's speech would immunize lawyers to say "whatever they want" about opposing parties.

  • May 20, 2024

    Rite Aid Settles Trademark Suit Over New Logo

    Rite Aid has reached an agreement with Brand Design Co. to end a lawsuit claiming that the drugstore chain misused the design firm's font for a new logo, the parties have told a Pennsylvania federal court.

  • May 20, 2024

    Ga. Accounting Firm Says UK Fintech Co. Suit Must Be Tossed

    Georgia-based accounting firm Frazier & Deeter LLC has asked a federal court to dismiss a lawsuit brought against it by U.K.-based fintech company Genesis Global Technology, which alleges it was forced to spend time and money redressing issues after the firm miscalculated the fair market value of its common shares in 2021.

  • May 20, 2024

    Caterpillar, Equipment Co. Seek New Trial After $100M Verdict

    Caterpillar and a defunct equipment importer have asked a Delaware federal court for a new trial after a jury cleared Caterpillar of antitrust violations but found it caused the importer $100 million in damages by interfering with its contract.

  • May 20, 2024

    Colo. Justices Toss Decision That Restricted Appeals

    The Colorado Supreme Court on Monday said a lower court had made it too hard for parties to get immediate interlocutory appeals, with justices finding appellants should not have to show a hardship or injustice in order to do so.

  • May 20, 2024

    7-Eleven Says Insurer Must Cover Wrongful Death Suit

    The insurer of a Houston 7-Eleven lessee facing negligence claims after one person was fatally shot and another was injured on its property must also cover 7-Eleven corporate in the litigation, the convenience store giant said, though conceding the lessee store's policy didn't specifically include 7-Eleven as an additional insured.

  • May 20, 2024

    Senate Report Ties Automakers To Uyghur Forced Labor

    BMW, Jaguar Land Rover and Volkswagen imported cars and their parts that were manufactured by a Chinese company sanctioned for using forced labor, according to a congressional report released Monday raising concerns about compliance with recent measures to crack down on labor violations.

  • May 20, 2024

    Stanley Black & Decker Nixes $3.8M Factory Equipment Suit

    Stanley Black & Decker Inc. has dropped a $3.8 million lawsuit against a supplier that it accused of providing faulty equipment for a factory in Texas that ultimately shut down, according to a filing in Connecticut federal court.

  • May 20, 2024

    Ex-CEO Urges NC Justices To Gut $3M Self-Dealing Verdict

    The former CEO of a high-speed knitting machine manufacturer accused of self-dealing has asked North Carolina's top court to unravel a more than $3 million verdict against him, saying there wasn't sufficient evidence to support the jury's findings.

  • May 20, 2024

    Upscale Mass. Restaurant's COVID Loss Claims Fail In Appeal

    Massachusetts restaurant chain Davio's is not entitled to coverage for what it says were property losses due to the COVID-19 pandemic, an intermediate state appellate court concluded on Monday, finding its arguments are no different from those rejected by the state's highest court two years ago in a similar case.

  • May 20, 2024

    Co-Head Of Deadlocked $5B Wealth Firm Asks To Dissolve

    A New York investment advisory firm managing $5 billion for elite clients including a minority owner of the St. Louis Cardinals is heading for trial in Delaware's Court of Chancery after one of its controlling members asked for a judicial dissolution, saying the company was deadlocked.

  • May 17, 2024

    Apple OK'd New App Fees Despite Antitrust Ruling

    An Apple Inc. executive conceded during a high-stakes antitrust hearing Friday over Apple's compliance with a court-ordered ban on App Store anti-steering rules that executives decided to implement a new 27% fee on out-of-app transactions despite knowing a jury had recently found that similar Google fees violated antitrust laws.

  • May 17, 2024

    Insurer Escapes Claim In SimulTV's Tower Work Deal Suit

    Development & Managers Group can't go after the insurer of a company that accused it of taking a down payment on the purchase of three DMG-owned television stations and then looking for other potential buyers, a Louisiana federal court has ruled.

  • May 17, 2024

    Boeing Jury Urged To Award Startup At Least $163M At IP Trial

    An electric-jet company told a Seattle jury Friday that Boeing misappropriated its trade secrets to build a copycat plane under the guise of investing in the startup, entitling it to an award of more than $163 million.

  • May 17, 2024

    Two Guilty Of Wire Fraud And Conspiracy In Forex Case

    A Colorado federal jury on Friday found two men guilty of wire fraud and conspiracy related to their work soliciting tens of millions of dollars from investors for their foreign exchange investment business.

  • May 17, 2024

    UAW, Fiat Chrysler Say Ohio Workers' Bribery Suit Untimely

    The United Auto Workers and Fiat Chrysler told an Ohio federal judge Friday that a recent Sixth Circuit decision nullifies a racketeering lawsuit from plant workers trying to tie their claims of lost wages and benefits to an illicit bribery scheme involving former union and company officials.

  • May 17, 2024

    BCBS Says 'Clear' Contract Ends Ex-NBA Player's Suit

    Blue Cross and Blue Shield of North Carolina pressed a state district court to throw out a lawsuit brought by retired NBA star Rodney Rogers that alleges in-home nursing was suddenly denied, arguing the "clear language" of his benefits doesn't provide for long-term, in-home nursing.

  • May 17, 2024

    Furniture Co. Says Insurer Wrongly Denied Hacking Coverage

    A Pittsburgh furniture company accused its insurer of bad faith and breach of contract for failing to cover more than $530,000 in losses due to monthslong hacking that began in 2021.

  • May 17, 2024

    Eagles Coach Didn't Fumble When He Flew Nest, Panel Says

    Philadelphia Eagles Head Coach Nick Sirianni and his wife were allowed to back out of buying a $2.3 million home in New Jersey because the sellers hadn't disclosed or obtained a waiver for a "right of first refusal" from a previous owner's children, a New Jersey state appeals court affirmed Friday.

  • May 17, 2024

    Air Gun Co. Manager Accused Of Fraud By Receiver

    The court-appointed overseer of a crumbling North Carolina air gun company has alleged that an owner was fraudulent and self-dealing with the businesses' money, saying a forensic accounting showed money flowing between accounts.

  • May 17, 2024

    Royalty Suit Aims To Make Spotify Nix 'Bundled' Subscription

    In a lawsuit against Spotify, the nonprofit the U.S. Copyright Offices uses to distribute royalties alleged Thursday that the audio streaming service's new premium subscription package could cause illegal underreporting of royalties and cost songwriters and music publishers "hundreds of millions of dollars."

  • May 17, 2024

    Las Vegas Sun Wants Day In Court Against Review-Journal

    The Las Vegas Sun asked a Nevada federal judge Thursday to schedule trial in its antitrust suit against the Las Vegas Review-Journal, arguing the larger paper and soured distribution partner cannot be allowed to continue running out the clock in an effort to put the Sun out of business.

  • May 17, 2024

    Judge Won't Bar Thermo Fisher Exec's Jump To Repligen

    A Massachusetts judge won't block a former Thermo Fisher Scientific executive from jumping to smaller rival Repligen, calling a noncompete agreement signed by the employee overbroad and suggesting that it was really aimed at stifling competition in a ruling released Friday.

  • May 17, 2024

    Pot Co. Can Amend Complaint Or Reply To Dismissal Motion

    A Michigan federal judge has given a cannabis company three weeks to either amend its complaint against a former business partner or respond to a motion to dismiss its claims that the former business partner sabotaged a project by convincing investors to put their money elsewhere.

Expert Analysis

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • How 3 Unfolding Cases Could Affect The Energy Industry

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    Three judicial decisions now in the pipeline — Texas' challenge to the U.S. Environmental Protection Agency's methane regulations, Delaware's climate suit against big energy companies, and a case before the Supreme Court of Texas on royalty lease interpretation — could have important implications for the energy industry, say Michelle Scheffler and Rachael Cox at Skadden.

  • Flexibility Is Key In Hybrid Capital Investment Strategies

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    Flexible or hybrid capital funds have become a solution for some owners adverse to private debt or requiring short-term capital support not otherwise available in the market, but the complexity and possible range of structures available means that principals need to consider how they may work in different scenarios and outcomes, says Daniel Mathias at Cohen Gresser.

  • Contract Negotiation Prep Checklist For In-House Ad Lawyers

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    Barriers for in-house lawyers and procurement professionals persist in media and ad tech contract negotiations — but a pre-negotiation checklist can help counsel navigate nuances and other industry issues that need to be considered before landing a deal, including supplier services, business use cases and data retrieval, says Keri Bruce at Reed Smith.

  • Calif. Ruling Shows Limits Of Exculpatory Lease Clauses

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    A California court's recent decision in Epochal Enterprises v. LF Encinitas Properties, finding a landlord liable for failing to disclose the presence of asbestos on the subject property, underscores the limits of exculpatory clauses' ability to safeguard landlords from liability where known hazards are present, say Fawaz Bham and Javier De Luna at Hunton.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Negotiating Milestones In Pharma Licenses Requires Care

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    For life sciences companies, understanding the unique issues that arise in licensing agreements' milestone payment provisions can increase the likelihood and amount of payments received by the licensor and ensure payments are carefully and closely tied to events that truly drive value for the licensee, say Edward Angelini at Amneal Pharmaceutical and Lori Waldron at Sills Cummis.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Independent Regulator Could Chip Away At FIFA Autonomy

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    After the U.K.'s recent proposal for an independent football regulator, FIFA's commitment to safeguarding football association autonomy remains unwavering, despite a history of complexities arising from controversies in the bidding and hosting of major tournaments, say Yasin Patel at Church Court Chambers and Caitlin Haberlin-Chambers at SLAM Global.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Examining The Arbitration Clause Landscape Amid Risks

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    Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.

  • 10 Areas To Watch In Aerospace And Defense Contracting Law

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    The near future holds a number of key areas to watch in aerospace and defense contracting law, ranging from dramatic developments in the space industry to recent National Defense Authorization Act updates, which are focused on U.S. leadership in emerging technologies, say Joseph Berger and Chip Purcell at Thompson Hine.

  • Meta Data Scraping Case Has Lessons For Platforms, AI Cos.

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    The California federal court ruling that artificial intelligence company Bright Data's scraping of public data from Meta social media sites does not constitute a breach of contract signals that platforms should review their terms of service and AI companies could face broad implications for their training of algorithms, say attorneys at Arnold & Porter.

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