Commercial Contracts

  • October 07, 2025

    Aetna COVID-19 Test Provider Sues Insurer For 'Unpaid' $53M

    A Nebraska company that provided COVID-19 testing for Aetna has filed suit in California federal court, alleging that the insurer owes it more than $53 million for testing services but has refused to pay up.

  • October 07, 2025

    5th Circ. Queries If ChampionX Covered In $40M Oil Spill Suit

    A Fifth Circuit panel Tuesday pressed ChampionX Corp. to explain how it can pursue a lawsuit in Texas seeking to make multiple insurers pay for its defense in a $40 million oil spill lawsuit if the underlying policies don't name it.

  • October 07, 2025

    Ex-Prisoners Push Back On Bid To Decertify Debit Card Class

    Former prisoners accusing Central Bank of Kansas City of charging excessive fees on prepaid debit cards have pushed back on the bank's effort to undo their certified class, arguing they were subject to a "uniform pattern of conduct" that forced them to accept the cards.

  • October 07, 2025

    11th Circ. Rules Atty Privacy Invasion Suit Can't Be Arbitrated

    The Eleventh Circuit on Tuesday denied two Florida attorneys' request for the out-of-court resolution of a lawsuit brought by former clients alleging their private legal information was disclosed in public court dockets, ruling that the claims against the lawyers aren't covered by a retainer agreement's arbitration clause.

  • October 07, 2025

    Chamber Asks 9th Circ. For Clarity In Trade Secrets Cases

    The U.S. Chamber of Commerce backed Boeing's bid for the Ninth Circuit to reconsider a panel's decision to reinstate a $72 million jury verdict against the company, saying the panel's "swift treatment" of such a complex issue threatens creating confusion.

  • October 07, 2025

    Fed. Circ. Ponders Document Sealing In EDTX's Patent Cases

    A Federal Circuit panel grappled Tuesday with document sealing practices in patent cases in the Eastern District of Texas, appearing at points skeptical about a digital rights nonprofit's efforts to unseal records in since-concluded litigation involving Charter Communications Inc.

  • October 07, 2025

    Prospect Medical Fights $1M Software Fee Claims In Ch. 11

    Prospect Medical Holdings Inc. says the pending Chapter 11 proceedings for its hospitals in California and Connecticut should keep two technology companies from demanding more than $1 million in payment for disputed software and IT contracts, according to Prospect's filings with a Texas bankruptcy court on Monday.

  • October 07, 2025

    No Coverage For Smoke Shop Over Fatal Crash, Insurer Says

    A smoke shop's insurer told a North Carolina state appeals court the shop shouldn't receive coverage for a lawsuit alleging it's liable for a fatal auto collision because it sold nitrous oxide products to the at-fault driver, arguing its policy covered bodily injury only on the shop's premises.

  • October 07, 2025

    4 Oral Argument Sessions Benefits Attys Should Watch In Oct.

    The Second Circuit will hear from Teamsters looking to revive a proposed class action alleging mismanagement of a multiemployer pension plan, while Alcoa will ask the Seventh Circuit to overturn a ruling requiring the aluminum maker to cover union retirees' healthcare for life. Here, Law360 looks at four arguments that benefits attorneys should have on their radar this month.

  • October 07, 2025

    Bank's Ex-Compliance Chief Sues Over 'Bad Faith' Termination

    A Florida community bank has been sued in New Jersey federal court by its former chief risk and compliance officer, who claims that he was fired without cause just months after signing a three-year contract with the bank at a $250,000 annual salary.

  • October 07, 2025

    Biote Sues In Del. To Block Founder Indemnification Suit

    Hormone replacement therapy venture biote Corp. and two affiliates on Tuesday asked the Delaware Court of Chancery for an injunction barring founder Dr. Gary S. Donovitz from pursuing a Texas suit cross-claim seeking indemnification for any liability predating an April 2024 settlement agreement, alleging that earlier deal terms prohibited such claims.

  • October 07, 2025

    9th Circ. Tosses Sporting Goods Co. Suit Against Ex-Landlord

    The Ninth Circuit on Tuesday backed the dismissal of a sporting goods retailer's suit against its former landlord, which was accused of wrongfully charging the retailer with monthly fee invoices even after the retailer left the location it was renting due to the COVID-19 pandemic.

  • October 07, 2025

    Cruise Cos. Say Tax Injunction Act Doesn't Bar Hawaii Suit

    A group of cruise companies should be allowed to proceed with their complaint against the state of Hawaii for an extension of a transient occupancy tax to cruise passengers, the companies told a federal district court, saying the Tax Injunction Act doesn't bar the complaint.

  • October 07, 2025

    NASCAR Seeks Judge-Led Settlement Talks In Antitrust Row

    Just eight weeks before a highly publicized antitrust battle between NASCAR and two of its teams heads to trial, the private stock car racing company asked a North Carolina federal court for a judicial settlement conference, noting the parties have "exhausted" alternative options.

  • October 07, 2025

    DOJ Backs Patent Rights In Disney's Streaming Antitrust Case

    The U.S. Department of Justice urged a Delaware federal court to ensure wireless technology company InterDigital's patent rights are protected when it assesses Disney's antitrust case accusing the company of monopolizing video streaming technology.

  • October 07, 2025

    Reinsurer Resists Arbitration In $7M Letter Of Credit Fight

    A Qatari insurance conglomerate's reinsurance unit told a North Carolina federal court that its dispute with a domestic insurer over the insurer's roughly $7 million letter of credit drawdown shouldn't go to arbitration, arguing that a contract the insurer relies on is "wholly unrelated" to the letter of credit.

  • October 07, 2025

    NJ Justices Won't Disturb Locke Lord Win In Oil Co.'s Suit

    The New Jersey Supreme Court has declined to review a lower appellate court decision handing a victory to Locke Lord LLP over malpractice claims from an oil processing company on the grounds that the firm does not have a significant connection to New Jersey and cannot be sued in the state's courts.

  • October 07, 2025

    Online Test Proctor Fights Suit Over California Bar Exam

    ProctorU Inc., which does business as Meazure Learning, asked a federal judge to toss a potential class action from three Californians who accuse the company of administering a glitch-ridden state bar exam that they were unable to complete as planned, arguing that it made no direct promises or sales to the test-takers, and isn't covered by the cited consumer protection laws.

  • October 07, 2025

    Title Insurer Fights Mortgage Lender's Fraud Claim

    A title insurer has no duty to pay a mortgage lender's claim over a $510,000 loan a borrower alleged was fraudulent, it told a North Carolina federal court, saying its closing protection letter explicitly excludes coverage for third-party fraud and that no policy was ever issued.

  • October 07, 2025

    NASCAR Wins Fight With LGBCoin Over Racing Deal Approval

    A Miami jury returned a defense verdict late Monday in favor of NASCAR in a $76 million suit by the LetsGoBrandon.com Foundation accusing the league of destroying the value of its cryptocurrency LGBCoin after it revoked approval of sponsorship of a racing team.

  • October 06, 2025

    NASCAR Pans Antitrust Suit As 'Frontal Assault' On Charters

    NASCAR's charter system does not restrain trade and is good for the sport, the league said in asking a North Carolina federal judge to find it has not committed antitrust violations, pointing in part to the support of other team owners who allegedly want the monopoly suit put to bed.

  • October 06, 2025

    Boeing Aims To Trim Damages In Trade Secrets Case

    Facing a trade secrets misappropriation claim revived by the Eleventh Circuit, The Boeing Co. told an Alabama federal judge that a defunct company isn't entitled to unjust enrichment damages for a temporary contract the U.S. Air Force awarded two decades ago or a jury trial.

  • October 06, 2025

    Ex-UBS Reps Can't Solicit Bank Clients Amid Arbitration

    UBS Financial Services has secured a preliminary injunction blocking former UBS advisers from soliciting the firm's account holders while arbitration accusing the representatives of violating nonsolicitation and confidentiality agreements proceeds, a decision the defendants say is the result of a mutual agreement between the parties.

  • October 06, 2025

    Conn. Judges Unsure Why Court Called IVF A Sexual Act

    Connecticut appellate judges expressed some doubt Monday that a fertility doctor accused of impregnating two in vitro fertilization patients with his own sperm had committed sexual misconduct that disqualifies him from insurance coverage of a civil suit brought by his alleged children.

  • October 06, 2025

    Pioneer Couldn't Deliver Gas During Storm, Court Hears

    Pioneer Natural Resources USA Inc. told a Texas federal court Monday that Winter Storm Uri made it impossible to deliver about $9 million worth of natural gas to an energy trading company, saying during a Monday bench trial that the storm exempted it from its contractual obligations.

Expert Analysis

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • Gas Contract Fight Holds Lessons On Force Majeure Clauses

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    Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.

  • Art Fraud Cases Highlight Importance Of Due Diligence

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    Recent high-profile art fraud cases provide a helpful reminder that a healthy skepticism can prevent prospective buyers from becoming victims, and that lawyers can take steps to help safeguard their clients, say attorneys at Arnold & Porter.

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    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • A Deep Dive Into Singapore's New Int'l Arbitration Rules

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    The latest revisions to the Singapore International Arbitration Centre's rules, effective as of Jan. 1, contain numerous innovative and industry-leading updates, including new rules on coordinated and emergency procedures, and third-party funding, say attorneys at WilmerHale.

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • Trump Likely To Prioritize Trade, Customs Fraud Enforcement

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    With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.

  • Recent Suits Show Antitrust Agencies' Focus On HSR Review

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    The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • Private-Bidding Compliance Lessons From Siemens Plea Deal

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    Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.

  • FTC Report On AI Sector Illuminates Future Enforcement

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    The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

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