Commercial Contracts

  • August 21, 2025

    Aerospace Co. Must Face Ex-Exec's Claim Of Wrongful Firing

    A New Jersey federal judge cut defamation claims brought against an aerospace hardware company by its former president on Thursday, but allowed his wrongful-termination claims to proceed, finding that he sufficiently pled a causal connection between his protected whistleblowing activities and his firing. 

  • August 21, 2025

    Family Urges 5th Circ. To Hold Penske Liable For Fatal Crash

    The family of a man killed in a 2018 collision has told the Fifth Circuit that freight broker Penske cannot claim ignorance to escape liability for negligently hiring the unsafe motor carrier and driver who caused the Texas accident.

  • August 21, 2025

    Ex-Northwestern Coach Settles Firing Suit Over Hazing Probe

    Northwestern University's former football coach Pat Fitzgerald has settled his contract breach and defamation suit alleging he was fired without cause amid an investigation into hazing claims, with the school announcing Thursday that evidence revealed during discovery showed Fitzgerald never condoned or directed any hazing, and no player reported hazing to Fitzgerald. 

  • August 21, 2025

    OnlyFans Flags Bogus Citations In RICO Fraud Suit

    Attorneys for a proposed class of OnlyFans subscribers alleging racketeering by the company notified a California federal judge Thursday that they would be seeking permission to fix earlier filings found to have errors created by artificial intelligence, days after the web platform's parent company notified the court of the citation errors.

  • August 21, 2025

    NC Judge Warns Sabotage Trial Might Be A 'Slugfest'

    A North Carolina Business Court judge hinted Thursday that he might let a jury decide whether an ordinary person could deduce the identities of a couple who claim they were defamed online by their former friends, but he also urged the feuding families to consider what it might ultimately cost to take their case to trial.

  • August 21, 2025

    Receiver In Nate Paul Dispute Not Entitled To $2.8M In Fees

    A state appeals court said Thursday that a receiver in a dispute involving companies owned by real estate investor Nate Paul can't recover $2.8 million in fees because the sum the fees stem from never came into his possession.

  • August 21, 2025

    Guards Say DHS Contractor Can't Escape Wage Suit

    Employees of a contractor providing security at a U.S. Department of Homeland Security campus told a D.C. federal judge the company can't use a union agreement to escape allegations it's violating the district's wage and overtime laws.

  • August 21, 2025

    Foundry Exec Says Hong Kong Partner Took $1.3M By Fraud

    A Pennsylvania consultant and foundry executive claims he was fooled into sending his Hong Kong business partner $1.3 million from the sale of a machine shop, then pushed out of their joint venture without being repaid, according to a lawsuit filed in state court Wednesday.

  • August 21, 2025

    Seton Hall Gets COVID-19 Death Suit Tossed For Good

    A New Jersey federal judge wasn't swayed by new arguments brought by parents of a Seton Hall University sophomore who died during a COVID-19 isolation period, saying their contract-related claims failed to establish one existed at all.

  • August 21, 2025

    NY Appeals Court Throws Out Trump's $500M Fraud Penalty

    A divided New York state appeals court panel on Thursday tossed a nearly $500 million civil fraud penalty against President Donald Trump and his sons, companies and their executives, ruling that the fine was "excessive," but kept in place a judge's finding of liability.

  • August 20, 2025

    Ohio Justices Free Bank From $77M Guaranty Disclosure Duty

    The Ohio Supreme Court on Wednesday ruled that nothing in state law required Huntington Bank to inform a co-signer of a $77 million loan guaranty about the risks associated with signing the deal with two other partners, one of whom later pled guilty to a check-kiting scheme.

  • August 20, 2025

    Masimo's 'Empty Voting' Suit Against Founder Gets Green Light

    A California federal judge has rejected a bid to dismiss Masimo Corp.'s suit alleging the medical technology company's founder and an investment firm manipulated a shareholder vote through an "empty voting" scheme, finding there is enough evidence at this point to show the pair formed an undisclosed insider group under federal securities laws.

  • August 20, 2025

    Judge Keeps Yale-Prospect Medical Sale Feud In Ch. 11 Court

    A Texas bankruptcy judge on Wednesday paused Yale New Haven Health Services Corp.'s request to reopen a $435 million Connecticut feud over a deal to purchase three hospitals from debtor Prospect Medical Holdings Inc., saying she first wants to hear Prospect's plan to repair the troubled contract.

  • August 20, 2025

    Texas Judge Keeps Intact Suit Alleging Anadarko Busted Well

    A Texas federal judge kept intact a suit brought by W&T Energy VI LLC claiming Anadarko Petroleum Corp. improperly operated equipment on an offshore oil and gas well and then lied about the damages, saying Wednesday that W&T adequately alleged its claims.

  • August 20, 2025

    Texas AG Says Chase Can't Recoup Failed $10M Project

    The Texas Office of the Attorney General on Wednesday asked the state's highest court to reject JPMorgan Chase Bank NA's attempt to get a city to continue to make payments on a botched $10 million project, saying such payments would run afoul of the Texas Constitution.

  • August 20, 2025

    Envestnet Didn't Preserve Data In IP Suit, Special Master Says

    A special master in Delaware federal court has recommended sanctioning Envestnet for failing to properly preserve data from a piece of log management software as part of a suit, accusing it of scheming to steal rival fintech software company FinApps' trade secrets.

  • August 20, 2025

    Supertramp Co-Founder Must 'Give A Little Bit' In Royalty Row

    The Ninth Circuit said Wednesday that a California federal judge was wrong to rule that a 1977 royalties agreement between the members of rock group Supertramp could be terminated, overruling a jury verdict and ordering that the band's co-founder Roger Hodgson be held liable for discontinuing his royalty payments to three other band members.

  • August 20, 2025

    FTC Sues LA Fitness Over Difficult Gym Cancellation Policies

    The Federal Trade Commission sued gym chain LA Fitness in California federal court Wednesday, alleging it employs burdensome cancellation practices, such as requiring customers to come to the gym in-person to cancel memberships or send cancellation forms through registered or certified mail. 

  • August 20, 2025

    4th Circ. Upholds Class Cert. In EQT Gas Royalty Fight

    The Fourth Circuit on Wednesday affirmed a lower court's certification of a class of West Virginia landowners in their suit accusing energy company EQT Corp. of having shorted them on payments for natural gas royalties.

  • August 20, 2025

    Ga. Court Drops Greenberg Traurig Suit After Atty's Death

    The Georgia Court of Appeals said Wednesday that it will toss an appeal in a legal malpractice suit filed by a record executive against Greenberg Traurig LLP and its former music law guru Joel Katz after the parties were unable to identify a successor for Katz following his death earlier this year.

  • August 20, 2025

    Microsoft Fired Manager Despite Army Praise, Suit Says

    Microsoft removed a federal contract manager in Germany and later fired her after she pursued disability and retaliation claims, even as the U.S. Army expanded its contract with the company and praised her work, according to a complaint filed in Washington federal court.

  • August 20, 2025

    Error-Filled Pro Se Recusal Bid Draws Conn. Judge's Ire

    A Connecticut federal judge will not docket a pro se recusal request in a U.S. Securities and Exchange Commission fraud action accusing a man of skimming nearly $1 million in investments designated for hotel repair work, saying in a minute order that the defendant otherwise has counsel and submitted a meritless, error-riddled bid.

  • August 20, 2025

    Production Co. Says Vegas Atty Botched Basketball Deal

    A Las Vegas-based production company has hit a Las Vegas attorney with a malpractice suit for allegedly giving poor legal advice in its deal to build a basketball facility in Atlanta, which led to it being sued for over $5 million in cost overruns.

  • August 20, 2025

    5th Circ. Won't Stick BP, Chevron With $11M Well Cleanup Bill

    A Fifth Circuit panel has affirmed a lower court decision dismissing a surety company's lawsuit claiming BP and Chevron need to pony up $11 million to pay for offshore decommissioning costs, saying the insurer wasn't entitled to be reimbursed.

  • August 20, 2025

    Consumers Seek Clarification On Stay In NFL, Fanatics Suit

    A proposed class of consumers accusing the NFL and its 32 teams of colluding with retailer Fanatics Inc. to monopolize online sales of league-licensed merchandise has asked a New York federal court to clarify whether a stay entered last year pending the outcome of a similar case is still in place.

Expert Analysis

  • When Reshoring, IP Issues Require A Strong Action Plan

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    With recent headlines highlighting tariffs as high as 3,521%, more firms will contemplate reshoring manufacturing to the U.S., and they will need to consider important intellectual property issues as part of this complex, expensive and lengthy undertaking, say attorneys at Norton Rose.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

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    Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • 4 Strategies For De-Escalating Hospitality Industry Disputes

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    As recent uncertainty in the travel business exacerbates the risk of conflict in the hospitality sector, industry in-house counsel and their outside partners should consider proactive strategies aimed at de-escalating disputes, including preserving the record, avoiding boilerplate clauses and considering arbitration, say Randa Adra at Crowell and Stephanie Jean-Jacques at Hyatt.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • 'A Deal Is A Deal': Tariffs No Excuse To Dodge Contract Terms

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    Tariff policy uncertainty is unlikely to be a basis for allowing a party to avoid contractual obligations, but businesses can still plan for future disputes related to pricing, operations and the supply chain, including with the addition of tariffs to any force majeure provision, say attorneys at Arnold Porter.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

  • 3 Mistakes To Avoid In Service Provider AI Terms

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    Every service provider contract doesn't need extensive artificial intelligence provisions, because when poorly drafted, they create impracticable obligations, miss important distinctions and may reflect wrong understanding of the law, says Chris Wlach at Huge Inc.

  • 5 Ways In-House Counsel Can Stay Ahead Of New HSR Rules

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    Now that the Trump administration’s new Hart-Scott-Rodino Act rules have been in effect for several months, in-house counsel should consider several practice pointers that can help spearhead management of M&A-related antitrust risk, say attorneys at Squire Patton.

  • Series

    Law School's Missed Lessons: Supporting A Trial Team

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    While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

  • Recent Complex Global Deals Reveal Regulatory Trends

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    An analysis of six complex global deals that were completed or abandoned in the last year suggests that, while such deals continue to face significant and lengthy scrutiny across the U.S, U.K. and European Union, the path to closing may have eased slightly compared to recent years, say attorneys at Weil.

  • Google Damages Ruling May Spur Income Approach Usage

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    The Federal Circuit's recent decision in EcoFactor v. Google may affect the extent to which damages experts apply the market approach in patent infringement matters, and income approach techniques may assume greater importance, says Erin Crockett at Charles River Associates.

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