Commercial Contracts

  • August 01, 2025

    Lamborghini Says Trade Secrets Case Best Heard In Italy

    Lamborghini has told a Texas federal court that a case brought by an Italian auto racing engineering firm alleging the sports carmaker stole steering wheel trade secrets is best left to Italian courts and is part of a long-running business dispute in that country.

  • August 01, 2025

    Amazon Customers Seek Massive Class In Antitrust Suit

    Consumers urged a Washington federal judge on Friday to certify a class of nearly 300 million in a sweeping antitrust case against Amazon, contending they all paid inflated prices because the e-commerce giant forced an "anti-discount policy" on merchants and monitored marketplace rates to ensure compliance.

  • August 01, 2025

    4 Argument Sessions Benefits Attys Should Watch In August

    The Ninth and Eleventh circuits in August will hear from employers fighting trial court decisions refusing to kick proposed class actions alleging ERISA violations into individual arbitration. Here's a look at four coming oral argument sessions that should be on benefits lawyers' radar.

  • August 01, 2025

    Most Of Property Co.'s Hailstorm Insurance Fight Tossed

    A property investment company can raise nearly none of its claims against its insurer for hailstorm damage from 2019 and 2023, a North Carolina federal court ruled, finding that because claims concerning the 2019 storm are time-barred, those corresponding documents can't support much of the 2023 claims.

  • August 01, 2025

    4 Mass. Rulings You May Have Missed In July

    A cannabis company in the process of going out of business cannot rely on a state court receivership to shield it from creditors in other states, and the owners of shuttered Norwood Hospital can't renew an expired permit issued to bankrupt Steward Health.

  • August 01, 2025

    Chancery Rules Gallagher Owes $50M In 'Earnout' Suit

    An Arthur J. Gallagher & Co. subsidiary breached a contract by withholding $50 million owed to a patent insurance and underwriting venture under first-year terms of a three-year merger and earnout deal, a Delaware vice chancellor has found.

  • August 01, 2025

    Mich. Judge Tosses MSU Students' $99 Class Fee Complaint

    A Michigan federal judge dismissed a lawsuit by two students claiming their Michigan State University professor should be liable for charging them a $99 course fee that she used to fund her political activism, saying the students were given a refund and the fee was not "compelled speech."

  • August 01, 2025

    Cargill Says Chubb Unit Must Cover $170M Ice Cream Loss

    Cargill Inc. accused a Chubb unit of failing to cover contaminated batches of ice cream and other food products that caused roughly $170 million in losses, telling a Pennsylvania state court that though the unit "may" rely on a pollution exclusion, an exception in the provision would restore coverage.

  • August 01, 2025

    NC Brewery Pares Partnership Rift With Music Operator

    An Asheville brewery has whittled down a live music operator's lawsuit over their sunk partnership to form an entertainment venue after a North Carolina Business Court judge ruled the pair had no fiduciary relationship.

  • August 01, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen several telco giants hit with a trademark claim, a collapsed hotel company sue a property investor in an ongoing dispute over a decades-old hotel sale, and two litigation funders square off against each other.

  • July 31, 2025

    'Abusive Behavior' Spurs $195M Add To Phillips 66 IP Verdict

    A California state judge added $195 million in exemplary damages to a $605 million trade secrets verdict against oil giant Phillips 66 following its "abusive behavior" toward startup and onetime acquisition target Propel Fuels.

  • July 31, 2025

    6th Circ. OKs Toss Of Trustee Removal Bid In Union Fund Row

    A Sixth Circuit panel on Thursday upheld an Ohio federal court's decision finding that a trade union, three trustees of a union benefit fund, and a fund participant cannot remove two other trustees they accused of self-dealing, saying they failed to show they would face irreparable harm.

  • July 31, 2025

    10th Circ. Says Water Exclusion Bars Co.'s $1.75M Loss

    A Kansas office building's property insurer has no duty to provide coverage for roughly $1.75 million in repairs over a broken water pipe, the Tenth Circuit ruled, rejecting the building owner's argument that an exception in one exclusion conflicted with a separate exclusion for water damage.

  • July 31, 2025

    Anadarko Asks 5th Circ. To Back La. Suit Indemnity Win

    Anadarko Petroleum Corp. has asked the Fifth Circuit to uphold its indemnification win against an environmental remediation company in connection with a decade-old Louisiana kickback suit, writing that "one who makes his own bed must lie in it."

  • July 31, 2025

    Latham & Watkins Signs New Manhattan Office Lease

    Latham & Watkins LLP expanded its presence in midtown Manhattan by signing a 12-year lease for 12,000 square feet on two whole floors in RXR's building at 1285 Avenue of the Americas, RXR announced Thursday.

  • July 31, 2025

    NC Homebuyer Says Mortgage Co. Sent Kickbacks To Broker

    A homebuyer has accused a Raleigh, North Carolina, brokerage of taking kickbacks to refer borrowers exclusively to mortgage origination company CrossCountry Mortgage under a secret arrangement by executives of the two businesses, according to a complaint filed in federal court.

  • July 31, 2025

    4th Circ. Says Brokers Owe Atty Fees Over Case Removal Row

    A unanimous Fourth Circuit panel has affirmed a South Carolina federal judge's order requiring several financial firms to pay more than $63,000 in legal fees for improperly trying to remove a securities class action to federal court for a second time, but said they don't have to pay additional fees to cover the cost of the appeal.

  • July 31, 2025

    PE Firm Risking Contempt, Receiver In Del. Over Legal Bills

    Noting that unpaid legal bills might already support a contempt or limited receivership order against private equity 777 Partners, a Delaware magistrate in Chancery gave the company and its counsel a Monday deadline to report still-accumulating fee advancement debts.

  • July 31, 2025

    Witness' Use Of 'Fraud' Doesn't Cancel TV Sports Exec's Verdict

    The First Circuit rejected arguments by a former executive at the cable channel for the Boston Red Sox and Boston Bruins that a witness' use of the word "fraud" and testimony about his lavish spending tainted the jury that convicted him of a fake invoice scheme.

  • July 31, 2025

    NC Judge Questions Barings' Bid For Ex-Employees' Emails

    A North Carolina business court judge seemed leery Thursday of forcing former Barings' employees to fork over their personal emails and text messages as part of a deposition notice, suggesting Barings was trying to bypass U.K. law to get information from a foreign witness in its suit alleging former executives conducted a "corporate raid" to start a competing credit platform.

  • July 31, 2025

    Metal Singer Misused Band's Money, Fired Co-Founder Says

    The founding bassist for iconic metal band Hatebreed was abruptly fired over false accusations that he harassed a Connecticut venue worker, according to a lawsuit that also accuses the singer of mismanaging the group's money for his own gain.

  • July 31, 2025

    Split 3rd Circ. Expels Rutgers MBA Fraud Suit Over Standing

    The plaintiff leading a proposed class action against Rutgers University for allegedly cooking its MBA rankings by fudging job placement statistics doesn't have standing because he was in a different part-time certificate program, a split Third Circuit has ruled, affirming a New Jersey federal court's decision.

  • July 30, 2025

    No Philly Clause Is Valid In Med Mal Case, Pa. Panel Says

    A Pennsylvania appellate panel said Wednesday that a contract a patient signed before surgery mandating that any legal actions must be heard in Bucks County is valid and enforceable, affirming a trial court's transfer of the medical malpractice suit from plaintiff-friendly Philadelphia County.

  • July 30, 2025

    State Farm Ordered To Pay $54.6M Over Vehicle Valuations

    State Farm must pay more than $54.6 million across two class actions for underpaying the value of totaled vehicles via a "typical negotiation" deduction, a Washington federal court ruled, noting the plaintiffs provided "undisputed" evidence that State Farm violated the state's Consumer Protection Act.

  • July 30, 2025

    Comscore Says Box Office Data TRO In Antitrust Suit Is Bunk

    Media analytics giant Comscore has accused the film distribution and data company that's suing it for box office data monopolization of "gamesmanship," telling a California federal judge it had every right to cancel its contract with Atlas Distribution Co.

Expert Analysis

  • 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.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

  • Decoding Arbitral Disputes: Precision In Jurisdiction Clauses

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    The High Court recently held that a contract requiring disputes to be heard by U.K. courts superseded arbitration agreements between long-time business affiliates, reinforcing the importance of drafting precise jurisdiction clauses that international commercial parties in multiagreement relationships will use to resolve prior disputes, says Josep Galvez at 4-5 Gray's Inn.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • Strategizing For Renewable Energy Project Success In Texas

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    The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

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