Commercial Contracts

  • May 20, 2024

    Idaho, Micron Defend 'Bad Faith' Patent Law At Fed. Circ.

    The state of Idaho and Micron Technology Inc. have told the Federal Circuit that Idaho's law barring "bad faith" allegations of patent infringement is constitutional, defending a lower court's ruling that Longhorn IP must pay an $8 million bond under the law.

  • May 20, 2024

    Startup Admits Sharing IP With Boeing After Supposed Swipe

    The co-founder of a startup accusing the Boeing Co. of plotting to steal its intellectual property to build a copycat electric jet acknowledged during cross-examination Monday that his company kept willingly sharing trade secrets with the aviation giant after discovering the alleged misappropriations.

  • May 20, 2024

    GM Cleared Of 'Inequitable Conduct' Accusations In Patent Row

    A federal judge in Chicago has ruled that General Motors's longtime legal rival there has failed to convince him that engineers working for the automaker showed "deceptive intent" when filing a design patent at the U.S. Patent and Trademark Office using the wrong name.

  • 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."

Expert Analysis

  • How Companies Can Use Big Data As A Strategic Asset

    Author Photo

    Artificial intelligence technology powered by big data has the potential to create radical improvements to business operations, but if big data is improperly protected or monetized, this same information can give competitors similar advantages, or at the very least undermine a company's edge, say Gary Weinstein and Hudson Peters at Faegre Drinker.

  • How Retail Tenants Can Avoid Paying Rent Prematurely

    Author Photo

    When negotiating leases for spaces in shopping centers, retail tenants should ensure that the language specifies they only need to begin paying rent when the center is substantially occupied as a whole, as it can be difficult to modify leases that are executed without co-tenancy requirements or termination rights, say Joshua Bernstein and Benjamin Joelson at Akerman.

  • Policy Misrepresentations Carry Insurance Rescission Risks

    Author Photo

    The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.

  • Analyzing New EU Measure To Prevent Reexports To Russia

    Author Photo

    Niels Ersbøll, Alexander Italianer and Laura Beuls at Arnold & Porter offer a comprehensive overview of the European Union's new rule requiring export agreements to contain a clause prohibiting the reexport of goods to Russia, and discuss what companies should do to ensure compliance.

  • 3 Tech Sourcing Best Practices That Are Relevant For AI

    Author Photo

    It might be tempting to think that sourcing artificial intelligence tools requires a completely new set of skills, but the best practices that lead to a good deal are much the same as traditional technology procurement, says Mia Rendar at Pillsbury.

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

    Author Photo

    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Practicing Law With Parkinson's Disease

    Author Photo

    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

    Author Photo

    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • A Snapshot Of The Evolving Restrictive Covenant Landscape

    Author Photo

    Rachael Martinez and Brooke Bahlinger at Foley highlight recent trends in the hotly contested regulation and enforcement of noncompetition and related nonsolicitation covenants, and provide guidance on drafting such provisions within the context of stand-alone employment agreements and merger or acquisition transactions.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

    Author Photo

    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Handling Customer Complaints In Bank-Fintech Partnerships

    Author Photo

    As regulators mine consumer complaint databases for their next investigative targets, it is critical that fintech and bank partners adopt a well-defined and monitored process for ensuring proper complaint handling, including by demonstrating proficiency and following interagency guidance, say attorneys at Jenner & Block.

  • Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law

    Author Photo

    A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.

  • What NAR Settlement Means For Agent Commission Rates

    Author Photo

    If approved, a joint settlement agreement between the National Association of Realtors and a class of home sellers will likely take the onus off home sellers to compensate buyers' agents, affecting considerations for all parties to real estate transactions, say attorneys at Jones Foster.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

    Author Photo

    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

    Author Photo

    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.

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!