Commercial Contracts

  • September 03, 2025

    Judge Waves Off Need To Block NASCAR Charter Sales

    A North Carolina federal judge on Wednesday denied another request for a preliminary injunction in two NASCAR teams' breakneck antitrust battle against the racing organization, finding its commitment not to sell any more charters this season is enough for the teams ahead of a December trial.

  • September 03, 2025

    Radio Host Hit With IP Suit Over Hulk Hogan Sex Tape Doc

    Florida radio host Bubba the Love Sponge Clem has been hit with an intellectual property lawsuit in federal court to try to stop him from releasing a documentary about the Hulk Hogan sex tape scandal.

  • September 03, 2025

    Amazon Targets 3 Groups Over Alleged 'Refund Abuse' Scams

    International crime rings have fleeced Amazon for nearly $1 million in cash and merchandise through sophisticated manipulation of the company's return process, the retail giant has claimed in a trio of lawsuits filed in Washington federal court.

  • September 03, 2025

    Insurers Argue NC Law Doesn't Apply In Tanger's COVID Suit

    Two major insurance companies shouldn't be subject to North Carolina law in a dispute over a commercial property insurance policy they penned with a Tar Heel State-based retail outlet owner, one of the insurer's counsel told North Carolina's business court in a Wednesday hearing.

  • September 03, 2025

    Liberace Piano Dispute Returns To 1st Circ. After Gibson Win

    A Massachusetts music shop took its campaign to hold onto Liberace's rhinestone-encrusted piano to the First Circuit for the second time Wednesday, telling the appellate court that Gibson Guitars should never have been allowed to ask a jury for its return.

  • September 03, 2025

    Ex-Twitter Worker Fights X's Arbitration Push At 9th Circ.

    X waived its arbitration rights in a $20 million severance suit and should not be able to challenge a district court's decision keeping the case in court, Twitter's former chief marketing officer told the Ninth Circuit.

  • September 03, 2025

    Special Master Says Sherwin-Williams' Conduct Merits Fees

    A special master has recommended that a Pennsylvania federal court require paint maker Sherwin-Williams to pay fines, including attorney fees, due to its "unreasonably aggressive litigation strategy" in a patent dispute with a rival.

  • September 03, 2025

    Stoel Rives Gets Pot Co. Fraud Case Sent To Arbitration

    A California federal judge has sent a nonalcoholic cannabis beer company's claims alleging it was duped by Stoel Rives LLP and its clients into spending $2.2 million on an illicit business to arbitration, saying it can't escape a valid arbitration clause by refusing to participate.

  • September 02, 2025

    Google Advertisers' Attys Get $30M As $100M Deal Approved

    A California federal judge on Friday granted final approval of a $100 million settlement resolving a long-running certified class action that accused Google of overcharging for advertisements, authorizing $30 million in attorney fees as part of the deal — more than a $25 million benchmark but below a desired $33 million.

  • September 02, 2025

    5th Circ. Judge Says Reimbursement Drop 'Not Chicken Feed'

    A U.S. Circuit judge pushed the government to explain the policy rationale behind lowering how much hospitals can recoup in Medicare reimbursements for treating low-income patients who use state-specific programs, saying Tuesday the rule was seemingly aimed at "screwing these hospitals out of reimbursements."

  • September 02, 2025

    Amazon Judge Unseals Ruling Certifying Huge Antitrust Class

    A largely unredacted version of a Washington federal judge's order certifying a class of roughly 300 million consumers in a sweeping antitrust case accusing the e-commerce giant of inflating prices through its merchant policies was filed Friday, offering a window into the court's viewpoints after the initial order was sealed.

  • September 02, 2025

    Financial Firm Can't Pierce Atty-Client Privilege, Judge Rules

    Wealth Enhancement Group LLC cannot override privilege laws to view communications between a former financial adviser's new employer and its lawyers at Spencer Fane LLP, according to a Connecticut judge who viewed the contested documents privately.

  • September 02, 2025

    5th Circ. Says Firm Is Making 'Circular Problem' In Doc Dispute

    A Fifth Circuit panel pushed back Tuesday on a law firm's assertion that it gets to keep documents associated with a $30 million settlement with Ocwen Financial Corp. even though those documents were allegedly used to breach the settlement agreement, saying they were making a circular argument.

  • September 02, 2025

    2nd Circ. Affirms Arizona Iced Tea's Audit Expense Coverage

    Hanover Insurance Co. must cover the maker of Arizona Iced Tea for additional audit expenses from a power surge that erased years of financial data, the Second Circuit determined Tuesday, finding that delays and additional costs were directly traced to the surge and therefore covered.

  • September 02, 2025

    FTC, Amazon Urged To Iron Out Antitrust Discovery Tiff

    A Washington federal judge handling the Federal Trade Commission's landmark antitrust case against Amazon suggested on Tuesday the parties continue working toward a solution after the commission protested that the company failed to pass on documents received from other online retailers in related litigation in California.

  • September 02, 2025

    Md. Says Liability Shield Doesn't Apply To Dali Ship Manager

    The state of Maryland, injured plaintiffs and other claimants have told a federal judge that the manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge last year cannot invoke a nearly two centuries old maritime law to limit its liability for the wreck.

  • September 02, 2025

    4th Circ. Won't Stop Dance Teachers From Using 'Inspire' TM

    A charter school failed to convince the Fourth Circuit to block two former teachers from using the name "Inspire" for their dance company, with a panel finding Tuesday that the school's trademark infringement and false advertising claims didn't have enough juice.

  • September 02, 2025

    NASCAR Limits Charter Sales Amid Antitrust Trial Pressure

    Hoping to avoid a preliminary injunction, NASCAR has agreed not to sell any charters this season and to limit sales next season in an effort to appease the teams accusing the organization in a North Carolina federal court lawsuit of monopolizing stock car racing.

  • September 02, 2025

    NJ Judge Tosses REIT Shareholders' Liquidation Suit

    A New Jersey federal judge has rejected a proposed class action filed by shareholders accusing several real estate investment trusts and other parties of misleading them in order to avoid liquidating the REITs, ruling the claims must be thrown out without prejudice.

  • September 02, 2025

    Textor Cites Missing Docs To Fight $93M Share Buyout Claim

    The owner of a portfolio of professional football clubs told a London court he wasn't obliged to pay $93.6 million for an investment vehicle's stake in his company, arguing that it failed to provide documents needed for the transaction.

  • August 29, 2025

    OpenAI Denied Discovery On Musk's Buy Offer, Meta's Role

    A California federal magistrate judge blocked further OpenAI discovery into Elon Musk's $97.4 billion offer to buy the ChatGPT maker amid a lawsuit challenging its attempted shift into a for-profit business, finding that discovery on the offer, and any involvement by Meta and CEO Mark Zuckerberg, must wait.

  • August 29, 2025

    RICO, Fraud Claims Tossed In LA Real Estate Investment Suit

    A Georgia federal court has determined that fraud and racketeering claims from a group of Chinese and American investors in a real estate investment suit alleging a group of fraudsters duped them out of millions of dollars with bogus representations are barred by merger clauses and federal securities regulations.

  • August 29, 2025

    NC Tex-Mex Chain Says Ex-Employee Defected With Recipes

    The owner of a string of Tex-Mex restaurants has accused a former employee in North Carolina Business Court of taking the chain's proprietary recipes, menus, drinks and decor several states away to use at another restaurant in Missouri.

  • August 29, 2025

    NC Biz Court Crops Doctors' Dispute Over Practice Split

    A state court judge has pared down claims against a North Carolina doctor in a messy legal dispute with his former business partners, finding they failed to show how he breached a settlement agreement governing their separation and that his allegedly disparaging remarks about another doctor don't rise to the level of causing extreme emotional distress.

  • August 29, 2025

    Tort Report: Uber's 'Click-Through' Arbitration In Pa. Spotlight

    Upcoming oral arguments in a key suit over arbitration terms for Uber passengers and a closely watched medical malpractice case at the Texas high court lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

Expert Analysis

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • Navigating Potential Sources Of Tariff-Related Contract Risk

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    As the tariff landscape continues to shift, companies must anticipate potential friction points arising out of certain common contractual provisions, prepare to defend against breach claims, and respond to changing circumstances in contractual and treaty-based relationships, say attorneys at Debevoise.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • Florida Case Could Redefine Construction Defect Damages

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    If a Florida appellate court overturns the trial court in a pending construction contract dispute, the state could experience a seismic shift in construction defect damages, effectively leaving homeowners and developers with an incomplete remedy, says Andrew Gold at Akerman.

  • Indemnity Lessons From Mass. Construction Defect Ruling

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    The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' statute of repose, should spur design and construction professionals to negotiate limited provisions, says Christopher Sweeney at Conn Kavanaugh.

  • 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.

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