Commercial Contracts

  • March 27, 2024

    6th Circ. Won't Rethink $25M Crash Award Against Nissan

    Nissan North America Inc. still can't offload a $25 million award against it for a fatal crash onto a brake supplier, as the Sixth Circuit panel that ruled against it has said it will not reconsider its ruling, and the full court has declined to take up the matter. 

  • March 27, 2024

    Meta Settles Fired Worker's COVID Vax Religious Bias Suit

    Facebook parent company Meta has agreed to settle a Washington federal suit brought by a former project manager who claimed he was illegally fired after refusing to be vaccinated against COVID-19 because of his religious beliefs.

  • March 27, 2024

    Cannabis Retailer Sues To Revive Union Decertification Bid

    A western Massachusetts cannabis retailer has asked a state court to reinstate an employee's petition to decertify a budding local of the United Food and Commercial Workers Union, which was dismissed by a state labor board following a settlement of separate prohibited practices complaints.

  • March 26, 2024

    Columbia Beats Bulk Of Students' Ranking Stats Suit, For Now

    A New York federal judge on Tuesday largely threw out Columbia University students' proposed class action claiming the institution intentionally gave inaccurate data to U.S. News & World Report, but he also gave some of the former student plaintiffs the chance to tweak their complaint.

  • March 26, 2024

    Walmart Wins Bid To Ax Capital One Credit Card Agreement

    Walmart can terminate its agreement with Capital One, a New York federal judge ruled Tuesday, agreeing with Walmart that the plain meaning of the contract allows the retail behemoth to ax the agreement if its credit card partner doesn't meet certain customer service standards.

  • March 26, 2024

    Ex-LA Deputy Mayor's Fate In Bribery Trial Goes To Calif. Jury

    Former Los Angeles Deputy Mayor Raymond Chan connected corrupt public officials to wealthy developers for years as part of the "CD-14 Enterprise" racketeering conspiracy, a federal prosecutor told California federal jurors in closing arguments Tuesday, saying their shared goal was ensuring they "get money, keep power and avoid the Feds."

  • March 26, 2024

    9th Circ. Says Tanker Can't Be Used To Enforce $10M Debt

    The Ninth Circuit affirmed on Monday that a nearly 800-foot crude oil tanker could not be seized to enforce some $10 million in arbitral awards against a defunct gas shipping company, ruling that the plaintiffs couldn't prove the tanker's owner had helped to hide the shipping company's assets.

  • March 26, 2024

    Oil Cos. Say Partner Kept Them In The Dark On New Facilities

    A group of Colorado oil and gas companies have accused a Texas energy company they partnered with of secretly building and running pipelines and other infrastructure to support North Dakota oil and gas wells, cutting the Colorado companies out of their share. 

  • March 26, 2024

    Insurer Wants $29M Treble Damages Ruling Reversed In NC

    An insurer has asked a North Carolina state appeals court to overturn a nearly $29 million ruling penalizing it for failing to defend an employee who crashed a company truck, killing his colleague, citing a policy exclusion for employee injury cases it said the trial court ignored.

  • March 26, 2024

    Conn. Fertility Doctor Says Law Doesn't Support Distress Claim

    A retired fertility doctor facing a lawsuit for allegedly impregnating a patient with his own sperm wants a Connecticut state court judge to dismiss a claim for negligent infliction of emotional distress, arguing that the accusation amounts to medical malpractice and the plaintiff failed to clear a mandatory procedural hurdle.

  • March 26, 2024

    AI Weapons Detector Faces Investor Suit After Gov't Probes

    Evolv Technologies, which makes metal detectors that purportedly use artificial intelligence to detect weapons, is facing a proposed shareholder class action in Massachusetts federal court alleging that false claims about its products' abilities to screen for types of tactical knives and guns led to federal investigations and share declines.

  • March 26, 2024

    Mitsubishi Seeks $88.9M From Canadian Truck Sellers In US

    Mitsubishi's commercial financing arm has asked federal judges in Connecticut, Illinois and New York to issue at least $89 million in judgments against two individuals in Canada, saying the men in question breached promises to stand behind credit lines extended to two companies that sell tractor trailers and lease equipment.

  • March 26, 2024

    Turf Co. Secures Dismissal Of Funds' Contributions Row

    Benefits funds affiliated with the International Union of Painters and Allied Trades can't move ahead with their claims that a turf installer didn't pay contributions, a California federal judge ruled, saying the funds didn't include the calculation for payment in their allegations.

  • March 26, 2024

    Geico Alleges $5.6M Billing Scam Targeted NY Insurance Cos.

    The insurance giant Geico has sued a New Jersey man and three medical imaging companies in New York federal court, accusing them of a $5.6 million scheme to submit fraudulent bills for unnecessary or otherwise useless tests on auto accident victims.

  • March 26, 2024

    Auto Parts Co. Must Continue Shipping To FCA, Judge Rules

    A Michigan judge has ordered a Fiat Chrysler supplier to continue delivering parts while a pricing dispute plays out in court, finding that the automaker showed its reputation would suffer if it was forced to idle plants because of a part shortage.

  • March 26, 2024

    Sony Ducks $500M PlayStation Patent Suit In Del.

    A Delaware federal court has sided with Sony in a $500 million patent infringement suit brought by Genuine Enabling Technology LLC over PlayStation consoles, marking a close to the case.

  • March 26, 2024

    Girardi Fraud Trial Moved To Aug. 6

    A California federal judge has agreed to postpone disgraced California plaintiffs attorney Tom Girardi's trial to Aug. 6, setting the proceedings to begin 16 months later than originally required at the outset of the case.

  • March 26, 2024

    Ill. Judge Needs More Info To OK $57M Chicken Antitrust Fee

    An Illinois federal judge overseeing a sprawling antitrust litigation against broiler chicken producers said he couldn't rule on class counsel's renewed bid for a $57 million attorney fee award thrown out by the Seventh Circuit last year without more information on one of the firm's graduated fee arrangements in a similar 2015 antitrust case, which wasn't disclosed in the first go-around.

  • March 26, 2024

    GM Supplier Deal Missing 'Crucial' Info, Stymying Dismissal Bid

    A Michigan federal judge on Monday said it was too soon to consider tossing a South Korean producer's suit alleging a supplier failed to pay for electric-vehicle engineering services to make parts for General Motors, stating too much information is missing about the companies' agreement.

  • March 26, 2024

    REIT Exec Tells 2nd Circ. To Toss $3.2M Judgment

    The co-founder of a real estate investment trust told the Second Circuit to toss the $3.2 million judgment awarded in a former partner's 2014 suit, arguing that related jury instructions were "too confusing and prejudicial."

  • March 26, 2024

    Ailing Health Co. Steward Owes Attys $600K, Firm Says

    A small Boston law firm that represented Steward Health Care System in a variety of cases says the beleaguered healthcare provider has strung it along with promises to pay fees that now total more than $600,000.

  • March 25, 2024

    Something In The Way Of Nirvana Logo Trial, Judge Told

    Counsel for a former record company employee who claims he created Nirvana's "smiley face" logo urged a California federal judge Monday to let him immediately appeal a ruling denying his ownership claim, and argued the band's copyright suit against designer Marc Jacobs over the logo should be delayed in the meanwhile.

  • March 25, 2024

    Merchants Hit AmEx With Antitrust Claims Over Its Fee Rules

    American Express faces a proposed merchant class action alleging it violated federal antitrust law by barring businesses from taking certain measures to keep their credit card swipe costs down.

  • March 25, 2024

    Calif. Judge Sick Of VLSI, Intel Filing Without Permission

    A California federal judge has chastised VLSI and Intel for overflowing the court with endless "repetitive and unhelpful" briefs, which they were never authorized to file.

  • March 25, 2024

    Lender Wins $44M Award In Shanghai Real Estate Feud

    A California federal court has enforced a $44 million arbitral award issued to a British Virgin Islands lender as repayment for a loan to a Chinese entity to finance a Shanghai real estate project, rejecting arguments that the arbitration violated the parties' underlying agreement.

Expert Analysis

  • Key Shifts In EU, UK Emissions Credits: Challenges For Cos.

    Author Photo

    An upcoming deadline to apply for free carbon dioxide emissions allowances in the European Union, and a reduction in the supply of similar allowances in the U.K., are likely to increase competition for allowances, and cause production, supply chain and contract issues for companies, say attorneys at Orrick.

  • Earnout Contract Considerations After NC Good Faith Ruling

    Author Photo

    The North Carolina Supreme Court's recent Value Health Solutions v. Pharmaceutical Research decision, holding the implied covenant of good faith and fair dealing did not apply in an earnout dispute related to an asset sale, demonstrates the need for practitioners to pay careful attention to milestone concepts in M&A transactions, says Benjamin Hicks at Wagner Hicks.

  • Takeaways From Iran Missile Procurement Advisory

    Author Photo

    Companies should familiarize themselves with the entities and practices highlighted in the recent multiagency Iran Ballistic Missile Procurement Advisory, to avoid falling prey to deceptive practices that help bad actors evade sanctions, say attorneys at DLA Piper.

  • 7 NIL Considerations For Brand Deals With Student-Athletes

    Author Photo

    While the constantly changing laws, rules and regulations for name, image and likeness in collegiate athletics are difficult to navigate, the benefits of a brand's successful NIL marketing campaign can outweigh the challenge of traversing this complex framework, say attorneys at Arnold & Porter.

  • M&A Ruling Buoys Loss Calculation Method, R&W Insurance

    Author Photo

    The recent Southern District of New York decision in Taylor Precision Products v. Larimer affirms the use of EBITDA as a basis to quantify loss, highlighting the potential shortcomings of a traditional seller indemnity compared to representation and warranty insurance, say Mark Schwartz at Lockton, and William O’Neil and Gretchen Scavo at Winston & Strawn.

  • How Justices Could Rule On A Key Copyright Statute

    Author Photo

    Attorneys at Manatt discuss how the U.S. Supreme Court may choose to address a fundamental accrual issue in Warner Chappell Music v. Nealy, which precedents the court may look to in analyzing the issue and the challenges copyright claimants may face going forward.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

    Author Photo

    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Issues That Can Arise When Tech Founders Leave CEO Role

    Author Photo

    More founders of venture-backed technology companies are transitioning out of the CEO role earlier than before, which can lead to unanticipated consequences if parties haven't carefully reviewed the company's certificate of incorporation, stockholders' agreements and the founder's employment agreement, say Alex Leibowitz and Megan Monson at Lowenstein Sandler.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

    Author Photo

    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Del. Dispatch: Lessons From Failed ETE-Williams Merger

    Author Photo

    Attorneys at Fried Frank delve into the Delaware Supreme Court's recent decision in Energy Transfer v. Williams to highlight the major monetary consequences of a failed merger, and show why merger agreement drafting and factual context are of utmost importance.

  • Get Ready For Calif.'s Expanded Restrictive Covenant Ban

    Author Photo

    California recently passed the second of two new laws that together largely prohibit restrictive covenants, even for certain out-of-state employers — and since there's not much time before the statutes become effective, now is the time for companies to revisit how their confidential information will be protected, says Russell Beck at Beck Reed.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

    Author Photo

    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • High Court Bakery Driver Case Could Limit Worker Arbitration

    Author Photo

    Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.

  • Diamond Sports Cases Shed Light On Executory Contracts

    Author Photo

    Recent Texas bankruptcy cases involving telecast fees payable by Diamond Sports to certain Major League Baseball teams provide a window into the dynamic relationship that can develop between debtors and counterparties under some executory contracts, say Joseph Badtke-Berkow and Robin Spigel at Allen & Overy.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

    Author Photo

    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

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!