Commercial Contracts

  • October 15, 2025

    Smart Thermostat Makers Keep PTAB, ITC Wins At Fed. Circ.

    Causam Enterprises owns the electrical utilities control patent it has accused ecobee and others of infringing with smart thermostats, but the patent is not valid, the Federal Circuit concluded Wednesday in a pair of precedential opinions.

  • October 15, 2025

    Texas Appeals Court Pushes Cigna On Payments To Hospitals

    A Texas appeals court seemed skeptical of Cigna Healthcare of Texas Inc.'s claim that once a patient gets hospitalized, any subsequent treatment should be classified as emergency care, asking Wednesday why Cigna should get to escape a lawsuit claiming it underpaid multiple hospitals.

  • October 15, 2025

    Fed. Circ. Says Anti-SLAPP Motion Wrongly Denied In IP Case

    The Federal Circuit on Wednesday said a California district court wrongly denied several semiconductor manufacturers' anti-SLAPP motion in a case where they are accused of stealing trade secrets, saying in a precedential opinion that filing a patent application is protected activity under the state's law.

  • October 15, 2025

    11th Circ. Sides With Insurer In Fla. Gas Station Pollution Fight

    An insurer for an owner and operator of Florida gas stations owes no coverage for pollution costs stemming from an underground fuel tank leak, the Eleventh Circuit ruled Wednesday, finding the owner failed to properly notify its insurer of a "pollution condition" that could result in an insurance claim.

  • October 15, 2025

    Sysnet Says Ex-Worker Breached Noncompete With New Job

    Cybersecurity company Sysnet North America Inc. has filed suit against one of its former business relationship managers in federal court for allegedly violating the restrictive covenants in his employment contract by taking a job with a "direct competitor."

  • October 15, 2025

    Lender Sues For Access To High-Tech Kiosks After Default

    A company that makes high-tech vending machines that dispense beauty and personal hygiene products has defaulted on a loan and is refusing to turn over credentials to keep the kiosks in operation, according to a suit filed in Massachusetts state court.

  • October 15, 2025

    Phone-Maker Oppo Wants Out Of Apple Trade Secret Case

    Chinese phone-maker Oppo has asked a California federal judge to release it from a case brought by Apple Inc. alleging that a former employee stole trade secrets when he moved to Oppo, saying the suit had no allegation that Oppo received any trade secrets.

  • October 15, 2025

    NY Court Tosses Most Of Ex-Lil Wayne Atty's Contract Claims

    A New York state judge has dismissed most counterclaims a former attorney for Lil Wayne pursued in a fee dispute with his ex-client, but the lawyer may still attempt to collect some funds he claims to be owed by the rap star.

  • October 15, 2025

    Sabre Says British Airways Must Reimburse For UK Digital Tax

    Flight booking giant Sabre sued British Airways over a digital tax bill it says it was required to pay the U.K. on the airline's behalf, claiming the airline was contractually obligated to reimburse Sabre for the expense but has refused.

  • October 15, 2025

    TTAB Denies 'Gasparilla' TM Despite Deal With Other IP Holder

    The Trademark Trial and Appeal Board has rejected a bid to register "Gasparilla" for mugs and clothing, because of potential confusion with "Gasparilla Treasures," concluding in a precedential opinion that a consent agreement offered by the parties was not enough to overcome a likelihood of consumer confusion.

  • October 14, 2025

    Sirius XM Can't Yet Ditch Proposed Class Action Over Pricing

    An Oregon federal judge on Tuesday refused to toss a proposed class action claiming Sirius XM concealed a royalty charge from subscribers, ruling that the subscribers have adequately alleged they did not know about the fee or the true cost of their subscription when they signed up.

  • October 14, 2025

    Exec Tells Fla. Jury He Wanted To Protect Nicklaus Brand

    An executive for the company bearing Jack Nicklaus' name denied making alleged defamatory statements in emails to clients regarding the golf legend's interest in a competing Saudi Arabian league, telling a Florida state court jury on Tuesday that he received contradicting information and wanted to protect the business' brand name.

  • October 14, 2025

    Construction Co. Says Insurer Owes $12M On Military Project

    A construction company sued its subcontractor and an insurance company in North Carolina state court, seeking more than $12 million in damages after the subcontractor allegedly failed to follow through on mechanical and plumbing work at a U.S. Marine Corps air station.

  • October 14, 2025

    Ex-Clear Street Employees Sue Over Retaliation, Defamation

    Four former employees of financial services company Clear Street Management have sued the firm, claiming they were retaliated against as whistleblowers and falsely terminated "for cause" when they attempted to resign over allegations of a toxic workplace.

  • October 14, 2025

    Concrete Co. Can't Challenge $2M Seattle Wage Theft Fine

    A Washington state appellate panel on Monday rejected a concrete subcontractor's appeal of more than $2 million in penalties for wage violations at Seattle construction sites, supporting a city hearing examiner's conclusion that the company was also on the hook alongside the primary contractor.  

  • October 14, 2025

    Texans Say Drinking Water Tainted With PFAS From Military Base

    Residents and local businesses in Lubbock, Texas, are suing 3M, DuPont de Nemours Inc. and others over alleged exposure to so-called forever chemicals that leached into their well water from firefighting foam used on a nearby former U.S. Air Force base and caused a woman's death.

  • October 14, 2025

    USPS Bailed On Wash. Real Estate Deal, Developer Claims

    A developer and its affiliate have claimed in federal court that the U.S. Postal Service violated an agreement to develop a piece of land in Issaquah, Washington, and split the proceeds from its sale.

  • October 14, 2025

    Aetna Dodges Colo. County's $1.1M Suit Over Unpaid Rebates

    A Colorado federal judge has dismissed a county's lawsuit alleging Aetna Life Insurance Co. withheld more than $1 million in pharmacy rebates under an unenforceable early termination clause, agreeing with the insurance company that the clause is valid and enforceable.

  • October 14, 2025

    Enterprise Seeks $358K In Unpaid Masters Tourney Rentals

    Auto rental giant Enterprise alleged in a new lawsuit that a corporate client still owes nearly $358,000 in bills on hundreds of luxury cars rented for the 2025 Masters Tournament, claiming the client reneged on a payment plan after just two installments.

  • October 14, 2025

    Microsoft Bullied OpenAI Into Cloud Deal, Antitrust Suit Says

    A group of ChatGPT subscribers launched a proposed class action in California federal court Monday accusing Microsoft Corp. of inflating prices by forcing OpenAI into a deal that made the software giant the sole provider of computing services for the growing suite of artificial intelligence products.

  • October 14, 2025

    Boston Says Celebrity Chef Moved Money To Skirt Tax Bills

    The city of Boston is accusing celebrity chef Barbara Lynch of intentionally scheming to avoid paying nearly $1.7 million in property taxes by "siphoning off" corporate assets, asking a judge to pierce the corporate veil and hold her liable for the bill.

  • October 14, 2025

    Fighter Wins $5.3M Judgment Against Fla. Promoter

    A Florida state judge on Tuesday approved a $5.3 million final default judgment against a promoter that allegedly failed to pay former Ultimate Fighting Championship fighter Jorge Masvidal for a 2024 bout in California.

  • October 14, 2025

    Liberty Mutual Unit Says Hotel Co.'s Storm Suit Must Be Axed

    A hotel group's suit seeking $12.5 million for business interruption losses stemming from Hurricane Helene should be tossed, a Liberty Mutual unit told a North Carolina federal court, saying it already filed suit first in Georgia federal court.

  • October 14, 2025

    EU Fines Fashion Brands €157M For Price Maintenance

    The European Commission has fined fashion companies Gucci, Chloé and Loewe a total of €157 million ($182.2 million) for allegedly breaching the bloc's competition rules by restricting the retail prices of their products.

  • October 14, 2025

    Tether Accused Of Wrongly Freezing $45M In Cryptocurrency

    Stablecoin issuer Tether faces a lawsuit from a business claiming that Tether improperly froze cryptocurrency worth about $44.72 million at the behest of a local police department in Bulgaria, departing from proper procedures for an asset freeze.

Expert Analysis

  • How Attorneys Can Master The Art Of On-Camera Presence

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    As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • Perfecting Security Interests In Renewable Energy Tax Credits

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    The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

  • The Central Issues Facing Fed. Circ. In Patent Damages Case

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    The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • The Revival Of Badie Arbitration Suits In Consumer Finance

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    Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • Lessons Learned From SAS' Flight Through Chapter 11

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    Scandinavia's SAS is the first European airline to find its wings through the U.S. Chapter 11 process since COVID-19 rocked the aviation industry — and while the process involved some familiar steps, certain complex jurisdictional issues and non-U.S. stakeholders required the carrier to venture into uncharted airspace, says Emily Hong at Norton Rose.

  • Bankruptcy Ruling Provides Guidance On 363 Asset Sales

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    HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.

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