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Commercial Contracts

  • July 01, 2025

    4th Circ. Urged To Rethink Decision Affirming $8M KBR Award

    A Kuwaiti construction company wants the Fourth Circuit to reconsider whether it missed a deadline to seek vacatur of an $8 million arbitral award favoring Kellogg Brown & Root International Inc. in a dispute over a U.S. Army contract, arguing Monday that its decision creates an "unworkable" rule.

  • July 01, 2025

    The Sharpest Dissents From The Supreme Court Term

    The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.

  • July 01, 2025

    Defamation Litigation Roundup: Newsom, Lively, MyPillow

    In this month's defamation litigation roundup, Law360 looks back on a decision in the high-profile fight between Blake Lively and Justin Baldoni, as well as at a jury verdict in a voting machine company executive's case against MyPillow's CEO.

  • July 01, 2025

    Calif. Panel Backs Warner Bros.' Win In Writer's Film Theft Suit

    A California appeals court refused to revive a writer's lawsuit alleging Warner Bros.' film "Life of the Party" was a "cinematic clone" of her concept about a mother going to college with her daughter, ruling Monday the evidence shows the film was independently created without knowledge of the plaintiff's ideas.

  • July 01, 2025

    Justices Face Busy Summer After Nixing Universal Injunctions

    The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term 鈥 a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.

  • July 01, 2025

    Judge Tosses Teva Suit Over Generic Drug Patent Deal

    An Indiana federal judge has thrown out a lawsuit brought by generic-drug maker Teva Pharmaceuticals USA Inc. alleging Eli Lilly and Co. breached a settlement agreement over the osteoporosis drug Forteo, saying Eli Lilly's promise to waive exclusivity for Teva ended when its patents for the drug expired.

  • July 01, 2025

    $70M Verdict Boosts TriZetto's Trade Secrets Award To $370M

    A New York federal jury has concluded that the TriZetto Group, a healthcare software company, is entitled to nearly $70 million in compensatory damages due to Syntel Inc.'s copyright infringement and trade secret theft, bringing the total award for TriZetto to $370 million following a damages retrial.

  • July 01, 2025

    Unvaccinated Ex-Staffer Can Pursue Leaked Health Info Claims

    A Missouri appeals court on Tuesday revived a former hospital staffer's claims that her former employer failed to protect her medical records while she was a patient, leading to her coworkers finding out she was unvaccinated against the COVID-19 virus and them harassing her until she resigned.

  • July 01, 2025

    South African Investors Say Ga. Atty Kept Escrowed Funds

    Four companies whose members are South African real estate investors have accused a now-disbarred Georgia attorney and his law firm in Georgia federal court of refusing to return funds he agreed to receive, hold and disburse on their behalf.

  • June 30, 2025

    Argentina Must Turn Over YPF Stake, NY Judge Says

    Argentina must give up its 51% equity stake in the nationalized oil company YPF SA to partially pay off a $16.1 billion judgment in a pair of investor lawsuits, a New York federal judge ruled Monday, rejecting the country's argument that sovereign immunity shields the shares from turnover.

  • June 30, 2025

    UMG Says Drake Insults Are Just Trash Talk, Not Defamation

    Universal Music Group on Monday urged a New York federal judge to dismiss a defamation suit from hip-hop star Drake against the record label over the hit dis track "Not Like Us" by his rival Kendrick Lamar, casting Lamar's lyrics as opinion and hyperbole.

  • June 30, 2025

    Allergan Botox Patent Fight Headed To July Trial In Del.

    Allergan's lawsuit accusing two biotechnology companies of infringing patents related to Botox products is headed to trial in July after a Delaware federal judge rejected the parties' summary judgment arguments Monday.

  • June 30, 2025

    Trump And Paramount In 'Advanced' Talks To Settle $20B Suit

    President Donald Trump and CBS News' parent Paramount Global asked a Texas federal court on Monday to pause Trump's $20 billion lawsuit accusing the news company of deceptively doctoring a "60 Minutes" interview with former Vice President Kamala Harris, saying the parties are engaged in "advanced" settlement talks.

  • June 30, 2025

    Genentech Says Biogen Owes $122M Royalties As Trial Opens

    Genentech Inc. told a California federal jury Monday that Biogen MA Inc. owes $122 million in royalties for supplies of Biogen's multiple sclerosis drug that it manufactured before Genentech's patent expired in December 2018, while Biogen said the companies' licensing agreement doesn't require royalties for drugs sold after the patent expired.

  • June 30, 2025

    Aspen Hotel Investor Can't Get 2nd Go In $1M Fraud Suit

    A Colorado federal judge on Monday dismissed the bulk of claims against a luxury hotel owner accused of stealing more than $1.3 million from a former investment partner, ruling that the claims have already been litigated in New York state court.

  • June 30, 2025

    RTX Expands Contract Fight With New Breach Claim

    RTX Corp. said the consulting firm Delaware North America LLC missed deadlines and failed to deliver on an information technology services contract, in a breach of contract counterclaim filed in litigation that Delaware initiated.

  • June 30, 2025

    NRA Pushes To Move Florida Lobbyist's Suit To Virginia Court

    The National Rifle Association has asked a Florida federal court to transfer its former longtime lobbyist's lawsuit alleging wrongful use of her image out of state, arguing that she previously agreed to bring any legal actions involving the parties to courts in Virginia.

  • June 30, 2025

    Catching Up With Delaware's Chancery Court

    Delaware's Supreme Court was kept busy this past week with litigants' attempts to challenge its previous decisions, as well as those of Delaware's Court of Chancery, which included an argument that the state's high court incorrectly ruled in favor of energy company Boardwalk Pipeline Partners LP by rejecting the Chancery's decision upholding class claims branding the call-in of public shares unfair. In case you missed it, here's the latest from the Delaware Chancery Court.

  • June 30, 2025

    6th Circ. Says Venue Unclear In $28M Ford Supplier Dispute

    The Sixth Circuit on Monday ordered a Michigan federal court to reconsider whether a $28 million auto parts supplier dispute over the halting聽of orders for electric vehicle parts belongs in the U.S. or Mexico, finding the companies' evolving documents and conflicting venue clauses create too much ambiguity.

  • June 30, 2025

    Justices Won't Disturb 10th Circ. Oklahoma PBM Law Ruling

    The U.S. Supreme Court on Monday declined to hear the state of Oklahoma's challenge to a Tenth Circuit decision that found parts of a recently enacted law regulating pharmacy benefit managers were preempted by federal benefits laws and Medicare Part D, cementing an industry group's win in the case.

  • June 30, 2025

    Fla. Court Declines To Ax $70M 'Usurious' High-Rise Loan Suit

    A Florida federal bankruptcy judge Monday declined to toss a Chapter 11 adversary lawsuit claim that a lender attempted to take ownership of a prized high-rise lot in downtown Miami through a "usurious" $70 million loan default, allowing parties to reargue their positions after an amended complaint was filed.

  • June 30, 2025

    4 Mass. Rulings You May Have Missed In June

    A now-shuttered Boston firm scored a win in a legal malpractice lawsuit by a youth soccer program, while a securities brokerage found that the old adage "if at first you don't succeed, try, try again" doesn't apply to litigation, among other recent noteworthy decisions in Massachusetts state court.

  • June 30, 2025

    DraftKings Hammers Away At Suit Disputing Voided NBA Bets

    DraftKings is looking to sink a proposed class action that an aggrieved customer brought alleging the online betting giant cheated him out of a six-figure payout by canceling wagers he placed with faulty odds, telling an Indiana federal judge the lawsuit's central claims are "untenable."

  • June 30, 2025

    Consulting Firm Says Ex-Exec's Wage Suit Is In Wrong Venue

    Consulting firm Profit Drivers LLC, its sole member and its chief executive officer have asked a Connecticut federal judge to dismiss a suit brought by their onetime vice president and chief financial officer claiming he was never paid for his work, arguing they have no ties to the Constitution State.

  • June 30, 2025

    Judge Hits Pause On Civil RICO Suit Against NJ Power Broker

    A New Jersey judge has entered a consent order pausing a real estate developer's civil racketeering suit against influential South Jersey businessman George Norcross III, holding the parties' dispute in stasis until an appeal over the dismissal of a related criminal indictment can be resolved.

Expert Analysis

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have 鈥渇led鈥 Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • Top 10 Noncompete Developments Of 2024

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    Following an eventful year in noncompete law at both state and federal levels, employers can no longer rely on a court's willingness to blue-pencil overbroad agreements and are proceeding at their own peril if they do not thoughtfully review and carefully enforce such agreements, say attorneys at Faegre Drinker.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • Best Practices To Find Del. Earnout Provisions That Hold Up

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    Recent Delaware earnout litigation illustrates the need for careful drafting and proactive planning to avoid later divergent interpretations of the signed contract, and a series of drafting tips can help, say attorneys at Cozen O'Connor.

  • UBS Ruling Shows SDNY's Pro-Award Confirmation Stance

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    A New York federal court's recent ruling upholding an arbitration award in Lakah v. UBS, a long-running dispute over a bond debt default, serves as a reminder that New York courts carry a strong presumption toward binding parties to arbitration agreements and enforcing arbitral awards, say attorneys at Mayer Brown.

  • Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws

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    Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.

  • Where Payments Law And Regulation Are Headed In 2025

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    The Trump administration will likely bring significant changes to payments regulations in 2025, but maintaining internal compliance efforts in the absence of robust federal oversight will remain key as state authorities and private plaintiffs step into the breach, say attorneys at Stinson.

  • 2 Cases May Signal Where FTC Is Headed On Labor Issues

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    Two recent Federal Trade Commission challenges to no-hire clauses in agreements between building service firms and their customers include comments by future FTC Chair Andrew Ferguson that may offer insight into the direction the FTC is headed on labor issues, says Michael Wise at Squire Patton.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor鈥檚 teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • 7 Pitfalls To Watch In Tech Referral Fee Programs

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    The recent attempt by FluidStack to recover $10 million in referral fees allegedly promised by software vendor Denvr Dataworks should alert potential participants in so-called partnership programs to seven signs that a proposed technology referral agreement may not equally benefit all sides, says Chris Wlach at Huge Inc.

  • Takeaways From 2024's Emerging IP Licensing Trends

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    Themes in intellectual property licensing from the past year 鈥 including artificial intelligence; risk management; and name, image and likeness rights 鈥 highlight key considerations for navigating an evolving landscape, say attorneys at Ballard Spahr.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • How The UPC, ITC Complement Each Other In Patent Law

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    Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.

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