Commercial Contracts

  • November 19, 2025

    NJ Panel Revives Fraud Claim Against Towing Company

    A New Jersey appeals panel partly revived a consumer fraud claim Wednesday against a towing company, ruling that the trial court failed to make required factual findings before rejecting allegations that the business misled a Newark man about the price of his junk car.

  • November 19, 2025

    Contractor Not Covered In Pa. Hotel Construction Dispute

    A pair of Zurich insurers have no duty to defend or indemnify a contractor accused of mismanaging the construction of a dual-brand hotel in Pennsylvania, a California federal court ruled, saying coverage for the alleged property damage is barred by a "course of construction" exclusion.

  • November 19, 2025

    NJ Construction Co. Sues Over Hudson Tunnel Union Limits

    A New Jersey construction company wants to delay bidding for part of the $16 billion Hudson Tunnel Project, claiming in a federal lawsuit that the multistate commission overseeing the project unlawfully barred employing the United Steelworkers union currently representing the company's workers.

  • November 19, 2025

    Kalshi Says Sports 'Swaps' Not Bets In Bid To End Mass. Suit

    Prediction market KalshiEX asked a Massachusetts state court to throw out a suit by state regulators alleging that its sports "event contracts" are illegal gambling, saying the U.S. Commodity Futures Trading Commission has already given its imprimatur to the products.

  • November 19, 2025

    Green Groups Sue To Block Gulf Oil And Gas Lease Sale

    Environmental groups have asked a federal court to block the first in a series of offshore oil and gas lease sales mandated by July's budget reconciliation bill, claiming the government shirked a required environmental review of the lease sale.

  • November 19, 2025

    Widener U. To Pay $800K To End COVID Refund Lawsuit

    Widener University has agreed to pay $800,000 to settle a proposed class action accusing the school of failing to provide the in-person education and campus services students paid for during the spring 2020 semester, when the COVID-19 pandemic forced classes online.

  • November 19, 2025

    Food-Ingredients Sellers Say Buyer Sabotaged $72M Earnout

    A holding company and two members of the family that built its subsidiary food business have accused the company's buyer in the Delaware Chancery Court of deliberately stripping them of promised operational autonomy and sabotaging its performance to avoid paying an earnout of up to $72 million.

  • November 19, 2025

    Mass. Court Says Waiver Valid In Adventure Park Injury Suit

    A Massachusetts appellate court on Wednesday upheld the dismissal of a suit seeking to hold an adventure park liable for a woman's injuries, saying the liability waiver she signed is valid and enforceable.

  • November 19, 2025

    Whole Foods' $1M Asbestos Suit Survives Dismissal Bid

    Whole Foods can proceed with its $1 million lawsuit over construction work that freed asbestos and forced a store to close temporarily, after a North Carolina Business Court judge ruled the grocer alleged enough to support contract breach claims against a plaza owner and sublessor.

  • November 19, 2025

    Dallas Stars Ask Bankruptcy Court To Stop Mavericks Suit

    The owner of the Dallas Stars hockey team asked a Texas bankruptcy judge to reopen the club's 2011 bankruptcy case to enforce its confirmation order and stop a suit from the NBA's Dallas Mavericks seeking to remove the NHL team from their American Airlines Center arena lease.

  • November 18, 2025

    Live Nation Says Promoter Can't Revive Nixed Damages

    Live Nation Entertainment Inc. urged a New Jersey federal judge Tuesday to bar all evidence of damages in a long-running concert interference lawsuit, arguing that a defunct promoter's trial plan attempts to revive allegations the court deemed inadmissible.

  • November 18, 2025

    Reed Smith Can't Represent Eletson By 'Repeated Incantation'

    A New York federal judge on Tuesday rejected Reed Smith LLP's latest effort to intervene on behalf of the purported former owners of international shipping company Eletson Holdings in Eletson's $102 million breach-of-contract litigation with rival Levona, saying the firm can't represent the holding company post-bankruptcy "by repeated incantation."

  • November 18, 2025

    TP-Link Accuses Wi-Fi Rival Netgear Of 'Smear Campaign'

    TP-Link Systems Inc. has filed suit in Delaware federal court, accusing rival Wi-Fi hardware maker Netgear Inc. of again pushing an "unlawful smear campaign" that falsely casts TP-Link products as infiltrated by the Chinese government, despite agreeing in a recent settlement that it would no longer make disparaging claims about TP-Link's business.

  • November 18, 2025

    Delaware Chancery Atty Fee Awards Under Fire In New Report

    Attorney fees in Delaware's Court of Chancery lack "consistent benchmarks" and, for big awards, may fail to reflect "risk or performance," according to a report Tuesday that potentially ratchets up pressure on state lawmakers wary of jeopardizing Delaware's standing as the national hub for corporate law disputes.

  • November 18, 2025

    Merck Wins Final PTAB Fight Against Johns Hopkins

    The Patent Trial and Appeal Board invalidated a cancer treatment patent owned by Johns Hopkins University, marking a full victory on the nine challenges Merck Sharp & Dohme LLC initiated against the university's patents. 

  • November 18, 2025

    Pa. Justice Spots 'Slippery Slope' In Trafficking Coverage Row

    Justices on Pennsylvania's Supreme Court seemed wary Tuesday of creating a "slippery slope" where alleged violations of criminal law could be used by insurers to deny coverage under a "public policy exception," scrutinizing a suit in which insurers wanted out of defending a Philadelphia hotel accused of ignoring sex trafficking.

  • November 18, 2025

    11th Circ. Won't Revive Oil Contract Suit Against Siemens

    The Eleventh Circuit has upheld the dismissal of a Saudi company's business interference complaint against Siemens Energy Inc. because Siemens, as the owner of the company's joint venture partner, was not a stranger to the agreement.

  • November 18, 2025

    Cognizant Accused Of Retaliation Over Ex-Worker's Claims

    A former employee of Cognizant Technology Solutions US Corp. claimed in Colorado state court Monday that the company retaliated against him for reporting a "make good" arrangement the company had with a client that he described as potentially illegal.

  • November 18, 2025

    Mass. Judge Axes Co.'s 'Second Bite' Dairy Trade Secrets Suit

    A Massachusetts federal judge has dismissed trade secret theft allegations brought by a dairy farm products company against two former business partners, saying an ongoing case between some of the same parties in Minnesota was too similar.

  • November 18, 2025

    4th Circ. Restores Trade Secrets Suit Against Insurance Execs

    The Fourth Circuit on Tuesday revived insurer Sherbrooke Corp.'s claims of trade secrets theft against three former executives, disagreeing with a district judge who found that the company had not made enough of an effort to guard the software in question.

  • November 18, 2025

    Disbarred NC Atty Must Pay $5.2M For Escrow Fund Misuse

    A disbarred attorney was ordered to pay $5.2 million in restitution and serve four years of probation during a Tuesday sentencing hearing in North Carolina federal court, after he pled guilty to a criminal wire fraud charge related to the misuse of escrow funds.

  • November 18, 2025

    Warner Bros. Appeals Village Roadshow's Ch. 11 Rights Sale

    Hollywood studio Warner Brothers asked a Delaware bankruptcy judge on Tuesday to pause the $18.5 million sale of its bankrupt former business partner Village Roadshow's derivative film rights while it challenges the deal.

  • November 18, 2025

    Chancery Rejects Mary Kay Founder's Fee Bid

    The Delaware Chancery Court has rejected the demand of Mary Kay Holding Corp.'s co-founder for corporate advancement of legal fees tied to a Texas trust battle with his son, concluding that the billion-dollar dispute stems from personal trust-administration issues, not the executive's service as a company director.

  • November 18, 2025

    NJ Panel Backs Arbitrator's Ruling In Parking Spaces Spat

    A New Jersey appellate court affirmed an arbitrator's decision that determined that two developers had to permanently maintain parking spaces for an Edgewater, New Jersey, mixed-use complex, ruling that the arbitrator for the related dispute didn't overstep their authority.

  • November 18, 2025

    Insurer Needn't Cover LA Zoo Org. In City Contract Dispute

    An insurer doesn't owe coverage to the Los Angeles Zoo's nonprofit arm in a contractual dispute brought by the city, a California federal court has ruled, finding that all claims are excluded under the association's nonprofit asset protection policy.

Expert Analysis

  • Series

    Power To The Paralegals: How And Why Training Must Evolve

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    Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.

  • Series

    Playing Softball Makes Me A Better Lawyer

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    My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.

  • What Novel NIL Suit Reveals About College Sports Landscape

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    A first-of-its-kind name, image and likeness lawsuit — recently filed in Wisconsin state court by the University of Wisconsin-Madison against the University of Miami — highlights new challenges and risks following the NCAA’s landmark agreement to allow schools to make NIL deals and share revenue with student-athletes, say attorneys at O'Melveny.

  • Series

    Law School's Missed Lessons: Mastering Time Management

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    Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.

  • How Hyperlinks Are Changing E-Discovery Responsibilities

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    A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.

  • Sales And Use Tax Strategies For Renewables After OBBBA

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    With the One Big Beautiful Bill Act sharply curtailing federal tax incentives for solar and wind projects, it is vital for developers to carefully manage state and local sales and use tax exposures through early planning and careful contract structuring, say advisers at KPMG.

  • Series

    Writing Musicals Makes Me A Better Lawyer

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    My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.

  • Series

    Adapting To Private Practice: From Va. AUSA To Mid-Law

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    Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.

  • 7 Document Review Concepts New Attorneys Need To Know

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    For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.

  • FTC Actions Highlight New Noncompete Enforcement Strategy

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    Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.

  • How Trump's Space Order May Ease Industry's Growth

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    President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.

  • Liability Lessons From Luxury Cruise Thwarted By Sanctions

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    An ongoing legal dispute over a canceled luxury cruise to the North Pole reminds attorneys that liability can surface even before a ship leaves the dock — and that U.S. sanctions law increasingly lurks in the background of global travel contracts, says Peter Walsh at The Cruise Injury Law Firm.

  • Agentic AI Puts A New Twist On Attorney Ethics Obligations

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    As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

  • How GILTI Reform Affects M&A Golden Parachute Planning

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    Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.

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