Commercial Contracts

  • March 29, 2024

    Lawmakers Call For Robinson-Patman Act Revival

    A group of lawmakers is urging the Federal Trade Commission to reinvigorate enforcement of the Robinson-Patman Act, a Roosevelt-era wholesale pricing statute that fell out of use in the 1970s, to help small businesses and stem the power of dominant grocery chains.

  • March 29, 2024

    5 Appellate Arguments Benefits Attys Should Watch In April

    A defense contractor will square off with the government over pension obligations, workers at an auto parts retailer and Georgetown University staffers will look to revive suits claiming their retirement savings were mismanaged, and a ban on gender-affirming care for minors will get an en banc review. Here are five argument sessions that should be on benefits attorneys' radar in April.

  • March 28, 2024

    Penile Implant Doc Awarded $18.3M After Trade Secrets Trial

    A California federal judge on Thursday awarded more than $18.3 million in royalties and damages to a urologist who won a jury trial verdict last year over a competitor's theft of penile implant trade secrets.

  • March 28, 2024

    Telecom Co. Wants Rival Sanctioned In Contract Row

    Florida telecom Local Access LLC is again seeking sanctions against the Chicago-based rival it's suing over a contract dispute, claiming that Peerless Network destroyed records and refuses to turn over revenue information it's been seeking since 2017, even after a Florida federal judge directed the company to do so.

  • March 28, 2024

    United Airlines Beats Class Cert. Bid In COVID Refund Suit

    Passengers who say United Airlines used the COVID-19 pandemic as cover for refusing to reimburse them for cost-cutting cancelations cannot pursue their case as a class because their claims turn on too many individual questions, an Illinois federal judge determined Wednesday.

  • March 28, 2024

    Chancery Tosses Mixmax Derivative Suit

    A stockholder who filed a derivative suit against two Mixmax Inc. directors without first notifying the company's board has failed to prove that a majority of the board was too compromised to respond to the shareholder's concerns, so the lawsuit must be dismissed, a Delaware Chancery Court judge ruled.

  • March 28, 2024

    Foxwoods Tribal Owner Loses $76M COVID Insurance Appeal

    The Mashantucket Pequot Tribal Nation, which owns and operates the Foxwoods Resort Casino in Connecticut, did not meet a key burden when suing its insurer for more than $76 million in losses tied to the COVID-19 pandemic, the state's intermediate-level appeals court ruled Thursday in declining to revive the litigation.

  • March 28, 2024

    Faruqi & Faruqi Beats 5 Firms To Lead NewAge Investor Suit

    A Colorado district judge has selected two clients of Faruqi & Faruqi LLP to lead an investor class action accusing the executives and directors of wellness company NewAge Inc. of securities fraud, saying the plaintiff with an even bigger financial interest is unfit for appointment because he hid his "troubling" background.

  • March 28, 2024

    Auto Parts Mogul Must Face Lender's $127M Trust Fraud Suit

    An auto parts mogul must face allegations that he tampered with assets in a trust that owes hundreds of millions of dollars to a lending agent, a Michigan federal judge said this week after ruling the lender has plausibly alleged the mogul made fraudulent transfers to hinder the debt repayment.

  • March 28, 2024

    NC Atty Says Career Coaching Business Stiffed Him On Pay

    A North Carolina lawyer said this week that he hasn't been paid for his work at a career coaching business in which he owns a minority stake after he discovered the company was bleeding funds and rife with mismanagement, according to an amended state business court complaint.

  • March 28, 2024

    Mercedes, Insurer Don't Owe Reimbursement For Vehicle Fire

    Mercedes-Benz's North American research arm and its insurer don't owe reimbursement to a commercial real estate operator's insurer for $1 million in damages stemming from a vehicle fire at a testing facility, a Michigan federal judge ruled, finding that Mercedes' insurer issued commercial general liability coverage, not property protection insurance.

  • March 28, 2024

    Timberwolves Owner Calls Off $1.5B Sale To A-Rod, Lore

    Glen Taylor, the longtime majority owner of the NBA's Minnesota Timberwolves and the WNBA's Minnesota Lynx, confirmed Thursday he will not sell the teams for $1.5 billion to former MLB star Alex Rodriguez and entrepreneur Marc Lore, publicly stating the two would-be buyers missed the deadline to acquire a controlling interest.

  • March 28, 2024

    McCarter & English Wins Extra $1.8M In Client Billing Suit

    A Connecticut federal judge has found that McCarter & English LLP is entitled to another $1.8 million on top of the $1.85 million it has already been granted as a prejudgment remedy in a contract dispute, saying the former client on the hook for the award must also disclose assets under oath that could support the total $3.65 million award.

  • March 28, 2024

    Fired Alston & Bird Aide Fights Arbitration Of Vax Claims

    An Alston & Bird LLP staffer fired after refusing to get vaccinated for COVID-19 told a Georgia federal court that it should refuse to force her discrimination suit into arbitration, since her employment contract was not a matter of interstate commerce.

  • March 28, 2024

    NBCUniversal, DeLorean Settle 'Back To The Future' TM Suit

    NBCUniversal Media LLC has settled a trademark infringement suit over royalty payments for its use of the iconic DeLorean DMC-12 sports car on "Back to the Future" merchandise, according to a notice filed Tuesday in California federal court.

  • March 28, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen investors target fraudsters who ran a fake film tax scheme, Barclays Bank sue privately owned Russian bank PJSC Sovcombank, easyGroup bring a trademark infringement claim against online casino TGI Entertainment for its "easybet" word sign, and a bioethanol fuel company hit high-profile individuals connected to the collapsed Elysian Fuels scheme. Here, Law360 looks at these and other new claims in the U.K.

  • March 27, 2024

    No New Trial For Hedge Fund Boss In Forex Rigging Case

    A New York federal judge on Friday refused to acquit or call for a new trial for a U.K.-based hedge fund chief convicted of illegally manipulating a currency exchange rate, rejecting his argument that his alleged conduct lacked sufficient ties to the United States.

  • March 27, 2024

    AI Software Co. Hid Oil Biz Partnership's Collapse, Suit Says

    Executives and directors of artificial intelligence company C3.ai Inc. have been hit with a shareholder derivative suit in California federal court claiming they failed to disclose that the company's partnership with oil company Baker Hughes Co. was falling apart and that its sales team was experiencing high turnover.

  • March 27, 2024

    Energy Co. Origis Exits Investor Suit Over Devalued Shares

    Renewable energy company Origis USA Inc. has escaped a suit by former shareholders after a New York federal judge concluded that the plaintiffs failed to show that the company was privy to an alleged scheme by its now-former CEO to induce them to sell their stakes for considerably less than the $1.4 billion they were later sold for.

  • March 27, 2024

    Texas Appeals Court Nixes Injunction In Bitcoin Mining Dispute

    A Texas state appeals court chucked a temporary injunction Wednesday that would have forced a property owner to keep providing electricity and access to a bitcoin mining company, ruling Thursday that the injunction was lacking in specifics and insufficient under Texas law.

  • March 27, 2024

    Vrbo Host Is Breaking Zoning Regs, Conn. High Court Told

    Some justices of the Connecticut Supreme Court signaled on Wednesday that a lower court may have failed to provide a workable definition of the word "residence" when deciding that a Branford-based zoning board's regulations allowed short-term rentals through services like Vrbo and Airbnb.

  • March 27, 2024

    9th Circ. Urged To Rethink Arbitration Of Cathay Pacific Feud

    A couple left stranded in the Philippines during the height of the COVID-19 pandemic are urging the Ninth Circuit to reconsider its decision ordering them to arbitrate their breach of contract dispute with Cathay Pacific Airways under their pact with a third-party booking site.

  • March 27, 2024

    Citi Can't Arbitrate Anti-Armenian Bias Claims, Court Told

    A California woman has urged a federal court to reject Citibank NA's motion to arbitrate her proposed class action accusing the bank of discriminating against consumers with Armenian surnames, saying it fails because it ignores a ruling in a separate case against Citibank that voided arbitration agreements that don't allow for public injunctive relief.

  • March 27, 2024

    DoorDash, Grubhub Want Docs From NY Restaurant Lobbyists

    DoorDash, Grubhub and Uber Eats have urged a Manhattan federal judge to let them subpoena the trade group executives who allegedly "worked closely" with officials on challenged New York City caps on fees that food delivery apps can charge restaurants.

  • March 27, 2024

    Malpractice Suit Against Texas Magnate's Atty Revived

    A Texas appeals court has revived claims that a longtime family attorney violated his duty as trustee to their fortune by using his position to enrich himself and undercut the heir to a Lone Star State business empire.

Expert Analysis

  • Trouble Indemnity: IP Lawsuits In The Generative AI Boom

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    Attorneys at Ropes & Gray explore the contours of the intellectual property indemnification protections offered by providers of generative AI models — including their scope, coverage, conditions, exclusions and caps — to assess where businesses may still face liability exposure.

  • 6 AI Cases And What They Mean For Copyright Law

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    Artificial intelligence cases filed last year, some decided and others pending, demonstrate how the appellate courts that set binding precedent look at the intersection between copyright and AI, so legal frameworks must adapt and provide clarity in order to foster innovation, protect creators, and ensure fair and equitable outcomes, say attorneys at Crowell & Moring.

  • The Space Law And Policy Outlook For 2024

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    Expect significant movement in space law, regulation and policy in 2024, as Congress, the administration and independent federal agencies like the Federal Communications Commission address the increasingly congested, contested and competitive nature of space and the space industry, say Paul Stimers and Leighton Brown at Holland & Knight.

  • Charting The Course For Digital Assets In 2024

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    Although 2023 was a tough year for the digital asset industry, upcoming court decisions, legislation and regulatory action will bring clarity, allowing the industry to expand and evolve, and the government will decide what innovation it will allow without challenge, says Joshua Smeltzer at Gray Reed.

  • Antitrust Enforcement Initiatives To Watch In 2024

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    The U.S. Department of Justice is likely to prioritize information-sharing prosecutions in 2024, following last year's withdrawal of safe harbors, as well as labor market enforcement after trial losses forced a pullback in 2023, say attorneys at Fried Frank.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • HHS Advisory Highlights Free Product Inducement Risks

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    A recent U.S. Department of Health and Human Services advisory opinion highlights concerns that valuable free products and other inducements may influence patients and providers to choose one manufacturer’s product over another, notwithstanding that such free healthcare products may be a benefit, say attorneys at Morgan Lewis.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Del. Dispatch: The 2023 Corporate Cases You Need To Know

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    Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.

  • Contract Disputes Recap: Termination and Accrual

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    Edward Arnold and Bret Marfut at Seyfarth Shaw examine three recent decisions that illustrate why contractors should consider, during the bidding process, impediments to their ability to meet contract requirements, and the need to track the accrual dates of individual claims that may arise during performance to avoid being time-barred.

  • The Year In FRAND: What To Know Heading Into 2024

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    In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • What DOD Commercial Product Rule Means For Contractors

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    A recent amendment to the Defense Federal Acquisition Regulation Supplement, along with forthcoming changes to the definition of what constitutes a subcontract, will offer some relief for commercial products and services contractors, but the U.S. Department of Defense should do more to reduce regulatory burdens, say Daniel Ramish and Jonathan Shaffer at Haynes Boone.

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