Commercial Contracts

  • December 04, 2025

    Fed. Circ. Mulls If Switching $104M Verdict For $3 Was Fair

    The Federal Circuit didn't seem to be buying Versata Software's argument Thursday morning that a Michigan federal judge made a big mistake by clearing a nearly $105 million trade secrets and breach of contract verdict it won against Ford and replacing it with just $3 in damages.

  • December 04, 2025

    'Gun At My Head': Jury Hears From NASCAR Contract Holdout

    Team owners felt strong-armed into signing their 2025 race agreements with NASCAR despite the "egregious" terms, owner Bob Jenkins told a federal jury in North Carolina Thursday on his second day testifying in the high-profile antitrust case against the league.

  • December 04, 2025

    Judge Weighs Venue For $146M Chilean Hospital Award Feud

    A Connecticut federal judge Wednesday appeared sympathetic to arguments that a Chilean construction company's petition to enforce a $146.5 million arbitral award against Italian construction giant Webuild belongs in Italy.

  • December 04, 2025

    Credit Bureaus Can't Duck Suit Over Excluded Medical Debt

    A California federal judge has found that Equifax, Experian and TransUnion must face key parts of a rejiggered proposed antitrust class action from medical practices and collection agencies targeting the credit reporting agencies' decision to exclude medical debt under $500 from consumer credit reports.

  • December 04, 2025

    Geico Claims Cos. Ran $2.7M Medical Device Billing Scheme

    Two New York companies exploited the state's no-fault insurance laws by fraudulently billing Geico more than $2.7 million for unnecessary durable medical equipment for drivers involved in auto accidents who could receive no-fault coverage, the insurer told a New York federal court Thursday.

  • December 04, 2025

    NC Court Blocks AI Tech Rollout Amid Trade Secret Dispute

    A North Carolina federal judge agreed with Canada-based Atlas Power Technologies Inc. that its multimillion-dollar technology for data centers using artificial intelligence will be endangered by the launch of a parallel product from a board member in coming weeks, granting the company's request for a temporary restraining order.

  • December 04, 2025

    Sunday Ticket Subscribers Claim NFL Added Late Arguments

    The National Football League improperly introduced new arguments into their defense of the decision to dismiss the $4.7 billion verdict in their favor in the Sunday Ticket antitrust trial last year, a group of subscribers told the Ninth Circuit.

  • December 04, 2025

    LA Fitness Says FTC Can't Expand Online Shopping Law

    LA Fitness urged a California federal judge to dismiss the Federal Trade Commission's lawsuit alleging the gym has burdensome cancellation methods, arguing Wednesday that it fails to state a claim under the Restore Online Shoppers' Confidence Act, which doesn't apply to brick-and-mortar businesses and only regulates online commerce.

  • December 04, 2025

    Texas Justices Weigh Fraud Claims Against Defense Attys

    Texas justices had qualms with a law firm's argument that a former client and his mother can't bring fraud claims for a fee dispute, asking during oral arguments Thursday if the firm was contending that it is impossible for a defense lawyer to defraud their client.

  • December 04, 2025

    Goldberg Segalla Adds New Special Counsel To NYC Office

    Goldberg Segalla LLP has hired an experienced commercial litigation attorney as special counsel for its real estate litigation and title disputes team in New York City, the firm recently announced.

  • December 04, 2025

    Traffic Safety Exec Joined Rival After $77K Bonus, Court Told

    A traffic safety company has alleged in North Carolina federal court that the person who was in charge of expanding its business in the Southeast resigned just hours after receiving a $77,000 bonus check and took a trove of trade secrets, a slew of employees and customer lists to his new job for a rival.

  • December 04, 2025

    11th Circ. Won't Rehear NCR Corp. Compensation Fight

    The Eleventh Circuit denied on Wednesday software company NCR Corp.'s request to rehear a case in which the court ruled that the company cannot issue lump-sum payments to deferred compensation plan participants as alternatives to promised life annuities.

  • December 04, 2025

    Doc Defends Suit Over Bills From Brother's Former Law Firm

    An Ohio physician asked a Pennsylvania county judge to keep her brother's former law firm in her lawsuit over an alleged broken promise to represent her pro bono, urging the court to reject the firm's argument that she missed her chance to bring the claims earlier in a separate Ohio case, according to a filing made public Thursday.

  • December 04, 2025

    Texas Firm Looks To Sanction Ex-Atty For Filing Fraud Suit

    Shortly after being sued by a former attorney for fraud, Davis & Santos PLLC on Wednesday asked a Texas state court to sanction her for what it said is retaliation against the firm due to dissatisfaction with an ongoing arbitration between the two sides.

  • December 04, 2025

    Buchanan Ingersoll Atty Wants Out Of Widow's Insurance Row

    A Buchanan Ingersoll & Rooney attorney wants a Pennsylvania state court to dismiss him from a lawsuit filed by the widow of a Pittsburgh wig-maker, arguing he was acting solely as the attorney for the family partnership she is fighting for millions of dollars from her husband's life insurance policy.

  • December 03, 2025

    NASCAR Contracts Sped Up Team's Financial Woes, Jury Told

    The longtime owner of a race team suing NASCAR for antitrust violations alongside fellow team owner Michael Jordan told a federal jury in North Carolina Wednesday that his team has never turned a profit in 22 years, with the losses allegedly worsening after the advent of the charter system.

  • December 03, 2025

    5th Circ. Skeptical Ex-NFL Player Can Keep $1.86M Fee Award

    A Fifth Circuit panel expressed skepticism that ex-NFL running back Michael Cloud can collect $1.86 million in attorney fees from the National Football League's retirement plan, saying Wednesday that even if Cloud won a "moral victory," he needed a merits victory to collect the fees.

  • December 03, 2025

    Chemours Monopolizing Refrigerant Market, Court Told

    DuPont spinoff The Chemours Co. FC LLC is clutching on to monopolistic control of the refrigerant gas market in order to fend off a competitor's emerging gas reclamation business, the competitor's counsel told a North Carolina federal court in a Wednesday hearing.

  • December 03, 2025

    NY Judge Won't Nix Madagascar Plant Award

    A New York federal judge has enforced an approximately $4 million arbitral award relating to a soured Madagascan power plant project, rejecting power developer Symbion and R.W. Chelsea Energie Ltd.'s assertions that the award should be nixed because the arbitrator allegedly disregarded key evidence.

  • December 03, 2025

    Seatrium Fights Maersk's Wind Farm Contract Termination

    A Singapore-headquartered energy engineering company has initiated arbitration proceedings against a Maersk Offshore Wind affiliate over a terminated $475 million deal, saying it breached their contract for a turbine installation vessel at a wind farm project off the coast of New York.

  • December 03, 2025

    Hagens Berman Must Give Apple, Amazon Ethics Pros Docs

    Hagens Berman Sobol Shapiro LLP must give Apple and Amazon all the communications it shared with outside ethics experts as the firm fought allegations that it hid a consumer plaintiff's desire to exit an antitrust case, a Washington federal judge has ruled.

  • December 03, 2025

    NuVasive Urges Del. Justices To Revive Officer Conflict Suit

    A Delaware vice chancellor applied the wrong standards in tossing a suit alleging a former officer of spine surgery tech venture NuVasive Inc. ran an insider scheme to lure surgeons to a competitor while planning his own jump, an attorney for NuVasive told a Delaware Supreme Court panel on Wednesday.

  • December 03, 2025

    ITG Urges Del. Justices To Snuff $250M Reynolds Award

    An attorney for ITG Brands LLC told Delaware's Supreme Court on Wednesday that a Chancery Court ruling in April effectively rewrote contract terms, which resulted in the tobacco company's liability for more than $251 million in payments to Florida that ITG never agreed to assume under a settlement covering acquired cigarette brand liabilities.

  • December 03, 2025

    UMB Bank Gets Partial Win In $80M Hard Rock Hotel Dispute

    UMB Bank NA has been granted wins on some of its claims in a suit regarding a failed $80 million Hard Rock Hotel development project, with a Kansas federal court ruling that claims it did not properly reimburse the project developer's costs have already been decided in Minnesota court.

  • December 03, 2025

    Landlord Can't Nix $4M Jury Award Over Mugging, Shooting

    A Florida appeals panel on Wednesday affirmed a $4 million judgment in favor of a renter who alleged that his landlord failed to protect him from a mugging in which he was shot four times, finding that the issue of whether the incident was foreseeable was properly put in front of a jury.

Expert Analysis

  • Assessing Jurisdictional Issues In 2nd Circ. Bank Audi Case

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    The Second Circuit's reasoning last month in Raad v. Bank Audi that the exercise of personal jurisdiction must be based on conduct taking place within the jurisdiction reminds foreign financial institutions to continually monitor how plaintiffs are advocating for an expansive view of personal jurisdiction in the U.S., say attorneys at Freshfields.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • Mitigating Import Risks Around Southeast Asian Solar Cells

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    The U.S. Department of Commerce's recent final determinations in its antidumping and countervailing duty investigations into solar cells produced in certain Southeast Asian countries make it important for U.S. purchasers to consider risk mitigation strategies, including modifying supply chains and contractually assigning import responsibilities, say attorneys at Morgan Lewis.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Tracking The Evolution Of Liability Management Exercises

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    As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • Negotiating Triparty Hotel Agreements To Withstand Risk

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    Brewing economic uncertainty in the hospitality industry underscores the importance of subordination, nondisturbance and attornment agreements, and hotel managers should tightly negotiate these agreements to ensure remedies will not disturb key rights, say attorneys at Sidley.

  • 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.

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