Commercial Contracts

  • December 10, 2023

    Trump Cancels Plan To Testify In NY Fraud Trial Defense

    Donald Trump abruptly canceled his plans to testify in his defense on Monday in the New York attorney general's civil fraud case, announcing the decision in a series of social media posts on the eve of his expected return to the Manhattan courtroom.

  • December 09, 2023

    Google And Epic CEOs Fail To Reach Deal As Trial Nears End

    Google LLC and Epic Games Inc. told a California federal judge late Friday that Google CEO Sundar Pichai and Epic CEO Tim Sweeney failed to reach a deal after they were ordered to mid-trial settlement talks, clearing the way for closing arguments Monday in their contentious antitrust battle.

  • December 08, 2023

    Terrence Howard Accuses CAA Of Fraud In Salary Suit

    Actor Terrence Howard sued Creative Artists Agency in California state court on Friday, alleging the talent agency's conflicting interests led him to accept a salary below industry standards for his role on the hit television show "Empire."

  • December 08, 2023

    Pa. Justices Reject Consolidation Of Future COVID Cases

    The Supreme Court of Pennsylvania on Friday held that an Allegheny County judge — one of few to rule in favor of businesses seeking insurance coverage for losses stemming from the COVID-19 pandemic — cannot consolidate all future pandemic cases against Erie Insurance Exchange in her courtroom, ruling that she exceeded her authority in doing so.

  • December 08, 2023

    Albertsons Wants Off The Hook For Amazon Reno Costs

    Albertsons is looking to force Amazon to disclose how $700,000 was spent on improving a California retail space leased to the e-commerce giant, as part of an underlying lawsuit filed by the property's landlord accusing former tenant Albertsons of owing millions for rebuilding the space to Amazon's specifications.

  • December 08, 2023

    Carriers Urge Pa. Justices To Flip Policyholder Pandemic Win

    The insurers of a Pittsburgh dental practice told the Pennsylvania Supreme Court in an appeal Friday to recognize that, like many other plaintiffs, the dentist can't be covered for his COVID-19 losses because there was no physical damage to his office.

  • December 08, 2023

    Nasdaq Pays $4M To Settle Alleged Iran Sanctions Breaches

    Nasdaq will pay $4 million to resolve claims it engaged in 151 apparent violations of the Iranian Transactions and Sanctions Regulations when it processed transactions through the Armenian Stock Exchange involving Mellat Armenia, the subsidiary of Iran's state-owned institution, Bank Mellat, the U.S. Department of the Treasury announced Friday.

  • December 08, 2023

    Billboard Co. Can't Avoid Retrial Verdict After Faking Evidence

    A Michigan appeals panel said a billboard company could not avoid a $700,000 verdict for rival Lamar Advertising Co., affirming that the company's initial victory was tainted by evidence it fabricated, which justified a retrial that Lamar won.

  • December 08, 2023

    9th Circ. Skeptical Of Wash. Vet Clinic Monopoly Claims

    Ninth Circuit judges hearing antitrust claims against an eastern Washington veterinary clinic on Friday kept getting hung up on how two of its vets could've been harmed by noncompete terms in an agreement they never signed and a merger proposal that never came to fruition.

  • December 08, 2023

    No Arbitration In Minor League Baseball Player's Fla. Death Suit

    A Florida appeals court on Friday found that the parents of a minor league baseball player do not need to arbitrate their wrongful death suit against a doctor for the Minnesota Twins who they say failed to diagnose their son's dangerous heart condition, finding the dispute does not fall within an arbitration agreement.

  • December 08, 2023

    Alex Jones Can Sell Guns, Cars, Boats, Jewelry In Ch. 11

    A Texas bankruptcy court has given conspiracy theorist Alex Jones leave to sell almost 50 guns, two golf carts, jewelry, a cryogenic chamber and several boats to help fund his Chapter 11 case, as long as he individually runs every sale worth over $10,000 by his creditors.

  • December 08, 2023

    AECOM Wants To Stop Co.'s 'End Run' On Liability Cap

    Design and engineering giant AECOM has accused its partner in a Colorado toll lanes project of filing a state lawsuit as an "end run" around a federal judge's ruling in AECOM's favor, according to a motion urging the federal judge to block the new case ahead of a trial in January.

  • December 08, 2023

    Pa. Court Sides With Cozen O'Connor In Malpractice Fight

    A Pennsylvania state appellate court on Friday backed a lower court's ruling in favor of Cozen O'Connor in a case where it was sued by a software company on allegations of legal malpractice over intellectual property issues, saying the litigation was filed beyond the applicable limitations period.

  • December 08, 2023

    Metals Dealer Urges 11th Circ. To Keep Loan Dispute In Fla.

    A Florida precious metals dealer urged an Eleventh Circuit panel on Friday to reverse a lower court ruling transferring arbitration in a loan dispute to California, arguing Florida's long-arm statute allows personal jurisdiction over non-residents when they breach a contract requiring disputes to be settled in the Sunshine State.

  • December 08, 2023

    Barnes & Thornburg Adds Healthcare Atty From Krieg DeVault

    Barnes & Thornburg LLP is continuing to expand its healthcare department, recently bringing on a longtime partner and chair of the healthcare practice group at Krieg DeVault LLP to its Indianapolis office.

  • December 08, 2023

    Magistrate Pans Countersuit To Rwanda's $40M Fraud Claim

    A Massachusetts pharmaceutical company that countersued Rwanda's social security board after it accused the firm and its owner of a $40 million fraud has failed to show the African nation abused the judicial process or interfered with the company's business deals, a Delaware Court of Chancery magistrate said Friday.

  • December 08, 2023

    Biomedical Cos. Score $62M Award In Trade Secrets Trial

    A California federal judge entered judgment Thursday ordering a former Skye Orthobiologics employee to pay more than $62 million to Skye and Human Regenerative Technologies after a jury found the defendant breached his fiduciary duties and loyalty when he started a competing business using the plaintiffs' proprietary information.

  • December 08, 2023

    Fla. Judge Says Banyan Cay DIP Lenders Are Still Owed $1.5M

    A bankruptcy judge has denied an objection by debtors including Banyan Cay Resort & Golf LLC to a $1.5 million deficiency claim that a Chapter 11 lender made after taking possession of the resort as collateral this year when debtor-in-possession financing ran out and a buyer backed out of the sale.

  • December 08, 2023

    Seattle Pot Shop Sued Over Collapsed Deal To Sell Licenses

    A lawsuit in a Washington state court says a cannabis company broke a $480,000 settlement by not maintaining a business license associated with a dispensary or keeping up with payments owed to the plaintiff.

  • December 08, 2023

    Insurer Claims Contractor Owes $31M For Defaulted Projects

    An insurer has sued a construction contractor in California federal court alleging that it shirked its duties on nearly $31 million in payment and performance bonds for a pair of construction projects, saying it expected claims to roll in soon for a third project.

  • December 08, 2023

    50 Cent's Co. Wants To Probe Assets Of Ex-Liquor Boss

    The liquor company owned by rapper Curtis "50 Cent" Jackson has asked a Connecticut bankruptcy judge to let it examine its ex-brand manager, who is liable for fraud in a New York arbitration and civil proceeding connected to his alleged embezzlement, to prove his assets in his bankruptcy case.

  • December 08, 2023

    How Hueston Hennigan Won Monster $336M False Ad Suit

    The California federal judge who handed Monster Energy $43 million in attorney fees and interest in October after a record-breaking $293 million false advertising jury win over Vital Pharmaceuticals observed that Vital's CEO was impeached on the stand over 50 times, an astonishing figure that Monster's co-lead attorney, John Hueston, credited to getting the CEO to "lose control."

  • December 08, 2023

    F-35 Parts Supplier Says Lockheed Avoiding Higher Costs

    Titanium parts supplier Howmet Aerospace countered Lockheed Martin's quest to have it deliver F-35 parts under a decades-old deal price, telling a Texas federal judge that the aerospace and defense contractor only wanted to avoid taking on titanium cost hikes.

  • December 08, 2023

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

    The past week in London has seen Tesla drive patent proceedings against technology company InterDigital, Genesis band members say That's (not) All in a breach of contract claim against Virgin Records, and betting giant Entain play its hand in a claim over its acquisition of BetCity last year. Here, Law360 looks at these and other new claims in the U.K.

  • December 08, 2023

    Off The Bench: NCAA Pay Plan, Title IX Claims, Graffiti Smear

    In this week's Off The Bench, the NCAA proposes opening the vaults, female athletes accuse the University of Oregon of unequal treatment, and a former college hockey player claims he was wrongly labeled as antisemitic. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.

Expert Analysis

  • Inside DOD's Final Commercial Products And Services Rule

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    The recently released final amendment of a Defense Federal Acquisition Regulation Supplement provision will help streamline negotiations over subcontracts that provide commercial products and services, but its failure to address certain key questions means government contractors must still await further guidance, say Alex Sarria and Connor Farrell at Miller & Chevalier.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Expect CFPB Flex Over Large Nonbank Payment Cos.

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    A recent enforcement action and a new rule proposal from the Consumer Financial Protection Bureau indicate a growing focus on the nonbank payment ecosystem, especially larger participants, in 2024, say Felix Shipkevich and Jessica Livingston at Shipkevich.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • IRA Monetization Energizes Clean Power Tax Credit Market

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    Recent large sales of clean energy production tax credits reflect an environment in which the Inflation Reduction Act's provisions for monetizing such credits via direct transfer — bypassing slow, costly tax equity transactions — offer opportunities for both developers and investors, says Andrew Eastman at Husch Blackwell.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Pay Attention To Contract Law Tenets Amid AI Incorporation

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    Providers of information technology products and services are rushing to market with various generative artificial intelligence-based solutions and attempting to unilaterally amend existing agreements with their customers, but parties should beware that such amendments may be one-sided, say Jeffrey Harvey and Sharon Harrington at Hunton.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • New Legal Frameworks Are Instrumental For AI In Music

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    As artificial intelligence encroaches — or complements — the deeply human art of music making, creating harmony between law and technology will require all stakeholders in the music industry to provide input on intellectual property and ethical concerns, say Ariela Benchlouch and Gai Sher at Greenspoon Marder.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • Rethinking Tech Contract Terms For Governance Of AI Use

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    Traditional considerations in technology deals are often inadequate for governing artificial intelligence use, which means lawyers should revisit and reimagine existing terms across the full spectrum of relevant contracts, ranging from procurement agreements and data licenses to customer agreements, say Marina Aronchik and Samuel Hartman at Mayer Brown.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

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