Commercial Contracts

  • December 09, 2025

    CoStar Urges Justices To Review Revived Antitrust Claims

    CoStar is asking the U.S. Supreme Court to review a Ninth Circuit ruling reviving antitrust counterclaims from a rival commercial real estate platform, saying the appeals court accepted a novel theory of what constitutes exclusive dealing.

  • December 09, 2025

    Justices Told To Not Review Who Can Protest Gov't Contracts

    A company selected for a $376.4 million military contract urged the U.S. Supreme Court to not disturb the Federal Circuit's decades-old statutory interpretation that an "interested party" in procurement disputes is restricted to actual or prospective bidders.

  • December 09, 2025

    Co-Founder Gave Up Stock Rights, Weapons Co. Tells Chancery

    Armaments Research Co. Inc., a weapons analytics company that uses AI, told the Delaware Chancery Court on Tuesday that its co-founder relinquished the contractual rights he now seeks to enforce over the valuation of his repurchased shares.

  • December 09, 2025

    Amazon Still Can't Claw Back FTC Probe Documents

    A Washington federal judge refused Monday to reconsider his order allowing the Federal Trade Commission to hold on to documents produced in the investigation preceding its antitrust lawsuit accusing Amazon of creating an artificial pricing floor, concluding the online retail giant never clearly argued any material was produced "inadvertently."

  • December 09, 2025

    NJ Builder Says Court Can Decide Tunnel Labor Row

    The Third Circuit's finding that federal labor law blocks courts from stopping National Labor Relations Board cases doesn't apply to a builder's bid to block an imminent bidding deadline on the lucrative Hudson Tunnel Project, the builder and a unionized employee told a New York federal judge.

  • December 09, 2025

    Marsh Rival Wants Out Of Employee Poaching Scheme Suit

    An insurance company accused by Marsh & McLennan Agency of poaching an employee has asked a Manhattan federal judge to dismiss Marsh's suit, saying the court had no jurisdiction because the claims had not been sufficiently tied to New York.

  • December 09, 2025

    Sens. Propose NIL Accounts To Help Students Grow Earnings

    Two U.S. senators introduced legislation Monday to allow the growing number of college student-athletes inking name, image and likeness deals with companies to create tax-advantaged investment accounts to save some of their earnings.

  • December 08, 2025

    NASCAR Owes Teams $364M For Monopoly Harm, Jury Told

    Two NASCAR teams — including one owned by Michael Jordan — are seeking more than $364 million in damages from the private stock car racing organization in their lawsuit claiming the league made it impossible for a rival series to form, the teams' expert testified Monday.

  • December 08, 2025

    X Claims Engineer Stole 6M Lines Of Code To Launch New Co.

    X Corp. is accusing a fired software engineer of stealing trade secrets to start her own company, alleging in a federal lawsuit that she exploited upheaval following Elon Musk's April 2022 purchase of the Twitter social media platform to download 6 million lines of proprietary source code. 

  • December 08, 2025

    4th Circ. Backs EIDP In Dispute Over Annuity Reductions

    The Fourth Circuit backed agricultural chemical giant EIDP Inc. and its retirement plan administrator in a Monday opinion, finding that unambiguous contract language doomed the revival of a lawsuit from a retired employee who said his monthly benefit was unfairly reduced.

  • December 08, 2025

    Ex-Archetype Capital Exec Hit With Trade Secret Injunction

    A Nevada federal court on Friday temporarily blocked the former executive of a litigation finance business from using its trade secrets, finding the evidence indicates that his new law firm employer leveraged its proprietary mass tort review system. 

  • December 08, 2025

    Ex-Josh Cellars President Fights Gibson Dunn Withdrawal Bid

    The former president of the company behind the Josh Cellars wine brand disputed Gibson Dunn & Crutcher LLP's version of events around his allegedly unpaid legal bills, saying he has questions about the reasonableness of the firm's charges, which must be arbitrated per his contract with the firm.

  • December 08, 2025

    Cuts To Colo. Disability Transit Service Unlawful, Suit Says

    A Colorado public transit agency's cuts to a program that provides disabled individuals with free fares and subsidized ride-share services runs afoul of state and federal discrimination law, a disability-rights organization and two disabled riders alleged in a lawsuit filed in federal court.

  • December 08, 2025

    Borrower's Class Suit Says Tribal Lender's Rates Are Usurious

    A tribal lending entity accused of charging customers illegal interest rates ranging from about 500% to 700% does not have any legitimate connection to a Native American tribe, a proposed class has claimed in Kentucky federal court.

  • December 08, 2025

    Litigation Funder Says Attys Hid Deal To Evade $1.5M Payout

    A Florida-based litigation funder has sued two California attorneys and a law firm, alleging they secretly settled a client's civil dispute and steered the money so they wouldn't have to repay over $1.5 million.

  • December 08, 2025

    Israeli Meat Co. Owes $35M For NC Facility, Court Told

    An Israeli venture capital-backed cultivated meat company breached a payment agreement for work on its inaugural facility in North Carolina and now owes the builder over $35 million, according to a lawsuit filed in North Carolina federal court.

  • December 08, 2025

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court delivered a busy first week of December, featuring commercial disputes, post-closing merger and acquisition battles and renewed scrutiny of fiduciary conduct ranging from oil and gas investments to healthcare acquisitions. 

  • December 05, 2025

    Michael Jordan Tells Jury He'd 'Never Jeopardize' NASCAR

    From North Carolina, at 6'6", Michael Jordan took the stand Friday in his race team's antitrust trial against NASCAR, telling a jury that he would never jeopardize the sport but that the teams and their drivers deserve more credit from their sanctioning body.

  • December 05, 2025

    Calif. Court Reverses Arbitration Denial In Injury Firm Dispute

    A California state appeals court has reversed a lower court's decision denying an injury firm co-founding partner's petition to compel arbitration in a dispute with his former law partner over referral and attorney fees, finding that an arbitration clause may be enforceable.

  • December 05, 2025

    Factory Mutual Sued For $14M In Lost Power Plant Revenue

    A power plant owner hit Factory Mutual Insurance Co. with a suit in New York federal court alleging the insurer wrongly withheld at least $14 million in coverage for lost revenue following an outage.

  • December 05, 2025

    LA Pot Regulators Escape License Revocation Lawsuit

    A cannabis entrepreneur can't proceed with a lawsuit accusing the city of Los Angeles of wrongfully taking away her business license, preventing her from operating three long-standing medical marijuana dispensaries, a California state judge has ruled, finding that she never owned most of the licenses.

  • December 05, 2025

    Skybound Hit With $4M IP Theft Suit Over 'Stray' Videogame

    Skybound Game Studios stole video game designer iam8bit's trade secrets and confidential information to negotiate a deal behind its back to launch "Stray" for the Nintendo Switch with a publisher while cutting iam8bit out of the profits, according to a $4 million fraud suit filed in California state court.

  • December 05, 2025

    Man Says Insurer Served Shooting Coverage Suit Too Late

    The father of a mass shooter said his home insurer failed to serve him timely with a suit seeking to avoid coverage for an underlying action brought by the shooting victims and family members of decedents, telling a North Carolina federal court that the claims against him must be tossed.

  • December 05, 2025

    COVID Loss Insurance Suit Trimmed, But Eateries Can Refile

    A North Carolina federal judge trimmed two of four claims in a COVID-related insurance coverage lawsuit filed by four restaurants against Cincinnati Insurance Co. after the insurer denied coverage for financial losses during the pandemic, but told the restaurants they could refile their complaint. 

  • December 05, 2025

    ERISA Recap: 4 Rulings Worth Paying Attention To From Nov.

    The Ninth Circuit striking down a class action win for transgender employee health plan participants who said their gender-affirming care denials were discriminatory is just one noteworthy Employee Retirement Income Security Act ruling from November. Here's a recap of that ruling and three others.

Expert Analysis

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • Independent Contractor Rule Up In The Air Under New DOL

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    In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.

  • Key Questions When Mediating Environmental Disputes

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    As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • Notable Q1 Updates In Insurance Class Actions

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    The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • Reviving A Dormant Criminal Statute In Antitrust Prosecution

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    The U.S. Department of Justice is poised to revive a dormant misdemeanor statute to resolve bid-rigging charges against a foreign national, providing important context to a recent effort to entice foreign defendants to take responsibility for pending charges or face the risk of extradition, say attorneys at Axinn.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

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    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

  • Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration

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    The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.

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