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Commercial Contracts
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April 18, 2025
OxyChem Unit Settles Bid To Share Ohio Derailment Blame
Chemical shipper OxyVinyls Inc. and Norfolk Southern struck a deal toward the end of a trial seeking to spread the blame — and the cost of a $600 million settlement — for the 2023 derailment in East Palestine, Ohio.
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April 17, 2025
Incyte Can Get Novartis' Privileged Info On Drug Royalty Deal
Novartis must produce certain privileged documents to Incyte concerning its understanding of their contract for royalty payments from sales of Incyte's blood cancer drug, unless Novartis agrees its former outside counsel, who negotiated the terms, won't testify about that topic at the upcoming contract breach trial, a New York federal judge said Thursday.
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April 17, 2025
Fla. Legal Consultant Says La. Atty Stole Info, Started Own Biz
A Florida company that advises small law firms on how to run successful businesses has sued a lawyer and former manager for allegedly stealing confidential information, saying he quit and ran off to Louisiana to start a competing business using trade secrets he learned at his previous job.
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April 17, 2025
David Geffen Hits Back At Crypto Exec In 'Stolen' Art Suit
Media giant David Geffen has called a suit brought against him by crypto entrepreneur Justin Sun over a valuable Alberto Giacometti sculpture a "sham" and has shot back at the Tron founder with claims of "unethical and/or illegal business activities" in a response filed in New York federal court.
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April 17, 2025
Judge Grants Reduced Atty Award in Bowling Alley Chain Suit
A Virginia federal judge trimmed just over $150,000 in attorney fees requested by a bowling alley chain after winning summary judgment in a suit against its former chief information officer, whom it accused of hacking into its computer system and CEO's email.
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April 17, 2025
Planned Parenthood Patients Sue Lab Co. Over Data Breach
A Washington state-based diagnostic testing services provider for Planned Parenthood has been hit with a pair of proposed class actions in Seattle federal court over an October data breach that reportedly impacted as many as 1.6 million people.
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April 17, 2025
Rapper Drops Houston Texans From 'Still Tippin' Lawsuit
Texas rapper Bigg Tyme and his company dropped the Houston Texans from a copyright infringement lawsuit that alleges the NFL team and fellow rapper Mike Jones stole Bigg Tyme's 2002 song "Still Tippin" to use at games without his permission.
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April 17, 2025
UK Says NY Convention Doesn't Kill Sovereign Immunity
Ratifying the New York Convention isn't enough to strip away a state's right to plead sovereign immunity in a later dispute over a contract that might be subject to the convention's rules, a London court has ruled.
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April 17, 2025
Robocall Arb. Denied Despite Alleged Recording Of Consent
A federal judge declined to force a Tennessee man into arbitration in his suit accusing a health insurance brokerage of making illegal robocalls, ruling that the plaintiff had created enough doubt to get to trial.
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April 17, 2025
K&L Gates Bungled Crypto Co.'s Bankruptcy Claim, Suit Says
Gryphon Digital Mining has sued its former counsel K&L Gates LLP, claiming it dropped the ball on a bankruptcy filing that cost the company millions of dollars and complicated another legal case, all while allegedly overbilling the crypto mining firm by $1 million for related matters.
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April 17, 2025
Minn. Co. Sues Shippers Over Veggies Left Sitting At Ga. Port
A Minnesota company told a Georgia federal judge three ARL Network companies have failed to haul 20 containers of frozen vegetables from the Port of Savannah as promised, leaving it on the hook for growing fees that now exceed $1 million.
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April 17, 2025
Ibotta Misrepresented Kroger Deal, Shareholder Suit Alleges
Digital consumer discount company Ibotta Inc. was hit with a proposed shareholder class action claiming its registration statement for its April 2024 initial public offering omitted information regarding the nature of its relationship with grocery retailer The Kroger Co., prompting stocks to plummet when investors learned the relationship had ended.
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April 17, 2025
Chancery Fast-Tracks Suits Targeting Reinsurance Offshoring
A trio of Oxford Risk Management Group LLC reinsurance customers this week won fast-tracking of three Court of Chancery suits that raised multiple claims, including for treble damages, after ORMG declared that it had unilaterally transferred some of its U.S. accounts and exposures to an allegedly steeply undercapitalized, captive Bermuda reinsurer.
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April 17, 2025
Music Rights Orgs. Trade Barbs In Copyright Office Inquiry
The organizations responsible for getting musical artists their royalty payments sparred with each other in comments to the U.S. Copyright Office, with one legacy organization accusing newer entrants of insufficient transparency, and one of those competitors in turn alleging "anticompetitive practices" by the established players.
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April 17, 2025
Copyright Office Opines On Harper Lee 7th Circ. Appeal
The U.S. Copyright Office is lending its opinion in a dispute over who has the rights to authorize stage adaptions of Harper Lee's iconic book "To Kill A Mockingbird," saying in an amicus brief to the Seventh Circuit that the company that once had the rights for the play cannot prevent others from creating new adaptions after the late author terminated those rights.
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April 17, 2025
NC Hospital Operator Can't Escape AG's Merger Suit Yet
A North Carolina Business Court judge rejected HCA Healthcare's bid for a partial win in state Attorney General Jeff Jackson's compliance suit reviewing the company's 2019 purchase of another hospital system, ruling that the purchase agreement's language is too ambiguous to decide the matter without further discovery.
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April 17, 2025
Wyoming Biz Accuses Pa. Entities Of $3.9M Explosives Fraud
A Wyoming-based defense contractor on Thursday accused a Pennsylvania company and its owner of pocketing $3.9 million and never delivering explosives bought to aid Ukrainian and Israeli forces, and using the money to pay for helicopters, luxury watches and a posh overseas wedding.
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April 17, 2025
Chevron Owes $24M For Years Of Work, Venezuelan Co. Says
A Venezuelan oil company accused Chevron of taking advantage of its family-owned business by pressuring it into performing years of work without paying $24 million in invoices.
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April 17, 2025
'Latter-Day Machiavelli' Defamed Calif. Law Firm, Court Told
California employment law firm Lawyers for Justice PC has filed a suit in state court accusing one of its former clients of defamation in what the firm calls "a scorched-earth crusade against her former attorneys."
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April 17, 2025
Yale Health System Faces Class Claims Over Data Breach
Connecticut's largest healthcare system failed to properly secure patients' personal information ahead of a data breach in March that may have affected millions of people, according to three proposed class actions.
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April 17, 2025
Moderna Says New Drug Plant Riddled With Defects, Mold
Life sciences company Moderna is suing a Massachusetts construction firm over multiple alleged defects in a recently built production facility for one of its experimental cancer drugs, including leaks that led to mold growth so "extensive and pervasive" the entire roof has to be replaced.
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April 17, 2025
Petersen Health Gets Initial OK To Take Votes On Ch. 11 Plan
A Delaware bankruptcy judge on Thursday provisionally approved skilled nursing facility operator Petersen Health Care's bid to send its Chapter 11 liquidation plan out to creditors for voting, months after the company sold off most of its assets.
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April 17, 2025
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen the producers of West End show "Elf the Musical" face a contract dispute, Korean biotech company ToolGen Inc. bring a fresh patents claim against pharma giant Vertex, and ousted car tycoon Peter Waddell bring a claim against the private equity firm that backed his business. Here, Law360 looks at these and other new claims in the U.K.
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April 16, 2025
Fla. Court Urged To Deny Panama's Bid To Enforce $5M Award
A Miami businessman and his company urged a Florida federal court to deny Panama's bid to enforce a $4.8 million arbitral award over construction agreements, saying the court hasn't heard the whole story on the money he says he's owed and how a post-award settlement was breached by government officials.
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April 16, 2025
Leprino Foods Granted Win In Whey Protein Dispute
A Connecticut federal district court granted cheese giant Leprino Foods a summary judgment win Wednesday over a nutritional supplement company in a suit over a whey protein deal, holding that an alleged "implied in fact" supply agreement is unenforceable.
Expert Analysis
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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Exploring Practical Employer Alternatives To Noncompetes
With the Federal Trade Commission likely to appeal a federal court’s recent rejection of its noncompete ban, and more states limiting the enforceability of these agreements, employers should consider back-to-basics methods for protecting their business interests and safeguarding sensitive information, says Brendan Horgan at FordHarrison.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Service Agreement Lessons From July's Global Tech Outage
The worldwide outages recently caused by Crowdstrike Holdings' misconfigured software update highlight the need to evaluate potential IT vendors, negotiate certain service agreement terms, and review existing agreements and diligence forms to help prevent future disruptions and mitigate the fallout should one occur, say attorneys at WilmerHale.
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Rise Of Transpo Contractors Brings Insurance Disputes
As more independent contractors are contracted and subcontracted in the delivery industry, companies must be prepared to defend claims from drivers who are injured on the job as they are often seeking to establish an employment relationship with one of the entities in the chain, says Nathan Milner at Goldberg Segalla.
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Co-Tenancy Clause Pointers For Shopping Center Landlords
Large retail tenants often require co-tenancy provisions in their leases, entitling them to remedies if a shopping center's occupancy drops in certain ways, but landlords must draft these provisions carefully to avoid giving tenants too much control, says Gary Glick at Cox Castle.
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What VC Fund Settlement Means For DEI Grant Programs
An unexpected settlement in American Alliance for Equal Rights v. Fearless Fund, based on specific details of an Atlanta venture capital fund's challenged minority grant program, leaves the legal landscape wide open for organizations with similar programs supporting diversity, equity and inclusion to chart a path forward, say attorneys at Moore & Van Allen.
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New Lessons On Managing Earnout Provision Risks
Earnout provisions can be a useful tool for bridging valuation gaps in M&A, particularly in developmental-stage pharmaceutical transactions, but the Delaware Chancery Court’s recent decision in Shareholder Representative Services v. Alexion sheds new light on the inherent risks and best practices for managing them, say attorneys at Cleary.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Employer Arbitration Lessons From Calif. Consumer Ruling
Although a California state appeals court’s recent arbitration ruling in Mahram v. Kroger involved a consumer transaction, the finding that the arbitration agreement at issue did not apply to a third-party beneficiary could influence how employment arbitration agreements are interpreted, says Sander van der Heide at CDF Labor Law.
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Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling
The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.