Commercial Contracts

  • July 16, 2025

    Court Ditches Deutsche Bank Suit Over Lehman Claim Deal

    A New York federal court has dismissed a Deutsche Bank suit claiming a Boston portfolio management firm is demanding unreasonable terms to close the acquisition of $906 million worth of claims in Lehman Brothers' long-running bankruptcy, finding the court lacked subject matter jurisdiction over the suit.

  • July 16, 2025

    Materials Co. Must Reimburse Chubb For $2.5M Settlement

    A building materials supplier must reimburse two Chubb units for their $2.5 million payment to settle a lawsuit against the supplier over a railcar collision, a North Carolina federal court ruled, further rejecting the supplier's claims that they acted in bad faith and violated the state's deceptive trade practices law.

  • July 16, 2025

    Pac-12, Mountain West At Impasse On Poaching Fees Dispute

    The Pac-12 and Mountain West conferences, fighting in California federal court since last September over millions in fees the Mountain West charged the Pac-12 for luring its members away to rebuild the league, will go back to court after mediation attempts failed.

  • July 16, 2025

    Chemical Co. Claims Partner Duped It With Arbitration Clause

    Petrochemical company Indorama Ventures LLC has accused its Houston-area partner of slipping an arbitration clause into a chemical contract without its consent.

  • July 16, 2025

    Funkadelic Leader Seeks Sanctions In 'Baseless' Royalty Row

    Parliament-Funkadelic bandleader George Clinton again asked a Michigan federal court to sanction the estate of the band's former keyboardist in their royalty row on Tuesday, telling the court the estate is pursuing "frivolous" claims to financially harm the still-touring musician.

  • July 16, 2025

    2nd Circ. Revives TM Suit Over Chinese Speaker Shipment

    The Second Circuit has reinstated a trademark case from speaker manufacturer Altec Lansing over another company's purchase of speakers with Altec's branding from a Chinese company, saying Altec had created a genuine dispute over the nature of the sale.

  • July 15, 2025

    Ga. Judge Sends Online Casino Suit To Arbitration

    A Georgia federal judge has dismissed a lawsuit over money lost on casino-style gambling websites like Luckyland Slots and Global Poker, saying the case can't move forward in the Peach State and must go to arbitration instead. 

  • July 15, 2025

    Former IP Partners' Names Worth $52K, Expert Testifies

    The names of two deceased law partners are worth between $28,000 and $52,000 per year to a Connecticut intellectual property boutique, an expert testified Tuesday during a federal court hearing in a valuation dispute between two of the late lawyers' colleagues.

  • July 15, 2025

    NC Docs Say Practice Duped Them Into Providing Free Labor

    A trio of reproductive and women's health care physicians were enticed to sell their practice by promises of a brighter financial future, only to be forced into providing more than a year of free labor, the doctors say in a complaint designated to the North Carolina Business Court.

  • July 15, 2025

    FDIC Says Farella Braun Can't Get Fees In First Republic Suit

    The Federal Deposit Insurance Corp. has asked a California federal court to toss a more than $50,000 legal fee claim tied to First Republic Bank's collapse, arguing that Farella Braun, the law firm behind the claim, failed to submit a valid written agreement or itemized invoices and its claim is legally insufficient.

  • July 15, 2025

    4th Circ. Won't Rethink Affirmance Of $8M KBR Award

    The Fourth Circuit will not be rethinking its decision rebuff a Kuwaiti construction company's attempt to nix an $8 million arbitral award favoring Kellogg Brown & Root International, the appeals court has ruled.

  • July 15, 2025

    Modoc Nation Suit Against Computer Co. On Hold For Appeal

    An Oklahoma federal judge has paused the Modoc Nation's $14.6 million lawsuit against a computer management company while a former attorney general for the tribe appeals his entitlement to sovereign immunity, ruling that the case will be stayed until the interlocutory appeal is resolved.

  • July 15, 2025

    Deep Sea Mining Co. Gets Suit Over 'Green' Investments Axed

    A New York federal judge has dismissed in its entirety a suit accusing The Metals Co. Inc. of misleading investors about the magnitude of its "green" investments and its private equity backing before going public, finding that the suit's challenged statements were not false when made.

  • July 15, 2025

    Internet Provider Can't Duck Conn. Atty's ID Theft Probe

    Connecticut Trial Firm LLC co-founder Andrew Garza may pursue a bill of discovery against internet service provider NetSpeed LLC as he tries to unmask the person he says stole his identity to open a bank account, a Connecticut state judge has ruled.

  • July 15, 2025

    NC Brewery Accused Of 'Secret' Talks Amid Partnership Rift

    A live music operator accused a brewery during a hearing Tuesday of conducting secret negotiations with competitors and frustrating discovery efforts in a lawsuit over their failed partnership to form an entertainment venue in downtown Asheville, North Carolina.

  • July 15, 2025

    Energy Company Says NJ Real Estate Firms Owe $1.2M

    A Garden State supplier of renewable electricity has alleged in New Jersey federal court that a group of New Jersey commercial real estate firms is refusing to pay more than $1.28 million in energy bills.

  • July 15, 2025

    Ex-Yankee Wants $69K Tacked Onto Moldy Mansion Trial Win

    A retired New York Yankees player is seeking nearly $70,000 in prejudgment interest after a Connecticut federal jury handed him a $222,000 win in his suit that sought to hold his former landlord liable for mold in a Greenwich mansion.

  • July 15, 2025

    NC Justices Urged To Halt Project Tract's Foreclosure Sale

    A North Carolina property owner and other parties urged the state's high court Tuesday to pause foreclosure proceedings for a property that's part of a mixed-use real estate development project, arguing that an entity created by one of the project partners wrongfully increased the owner's related loan debt.

  • July 15, 2025

    Door Maker Defends Landmark Divestiture Order At 4th Circ.

    Steves & Sons Inc. has urged the Fourth Circuit to preserve the first court-ordered divestiture in a private merger challenge, arguing Jeld-Wen's sale of the Pennsylvania factory restored competition in the market for the door skins used to make molded interior doors.

  • July 15, 2025

    5th Circ. Says Media Matters Can Challenge X Suit Venue

    The Fifth Circuit gave left-leaning watchdog Media Matters for America another shot at transferring a business disparagement lawsuit launched by X Corp. to California, saying Tuesday the Texas federal judge overseeing the case didn't do an adequate venue analysis.

  • July 15, 2025

    Trash Hauler Accused Of Blocking Competitor Amid Strike

    A Massachusetts competitor to trash hauler Allied Waste Systems says the company is interfering with its efforts to offer customers an alternative during a strike that is entering its third week, according to a complaint filed Tuesday in state court.

  • July 15, 2025

    9th Circ. Upholds Axing Of IT Co.'s Microsoft Data Misuse Case

    The Ninth Circuit declined Tuesday to revive a cybersecurity supplier's case accusing Microsoft of misusing a proprietary database of login credentials recovered on the black market, concluding that the parties' contract did not impose limits on the tech giant's use of the data.

  • July 15, 2025

    Car Buyer Wants Class Cert. Over VIN Etching Price

    A Connecticut state court should grant class certification to more than 3,100 customers of the Milford-based Nissan dealership Napoli Motors Inc. on claims that its $299 charge for a service known as VIN etching violates a state law requiring "reasonable rates," the named plaintiff said in a new motion.

  • July 15, 2025

    Court Reporters Defend Suit Saying Group Coerces Dues

    A pair of court reporters defended their New Jersey federal court proposed class action accusing the National Court Reporters Association of anticompetitively conditioning needed certification on expensive membership with the group, arguing the NCRA can't try to argue that membership and certification are one and the same.

  • July 15, 2025

    Michigan Cases To Watch In The 2nd Half Of 2025

    Michigan's courts are gearing up for a busy second half of the year, with high-profile prosecutions of Chinese scientists accused of smuggling, the state's top court tackling arbitration and automotive contracts, and revisions to the professional conduct rules for lawyers and judges all on deck.

Expert Analysis

  • Key Questions When Mediating Environmental Disputes

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    As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • 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.

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