Commercial Contracts

  • May 07, 2025

    FDA Gets Win In Eli Lilly Weight Loss Drug Shortage Fight

    A Texas federal judge on Wednesday refused to reverse a U.S. Food and Drug Administration decision to remove Eli Lilly & Co.'s popular weight loss drug from a national shortage list, denying a request from pharmacies that produce copycat doses of the drug and entering judgment in favor of the FDA.

  • May 07, 2025

    Ukraine Weapons Importer Looks For OK Of $20M Award

    A subsidiary of a Ukrainian state-owned entity that imports military supplies is asking an Arizona federal court to enforce a nearly $20 million arbitral award against a Tucson weapons exporter after the company experienced shipping delays.

  • May 07, 2025

    Racing Teams Drop Suit Seeking Formula One's Financials

    Michael Jordan's stock car racing team has dropped its lawsuit seeking financial records from the owners of Formula One, according to a filing in Colorado federal court.

  • May 07, 2025

    Vendor Loses Summary Bid In $9M Walgreens Fraud Suit

    An Illinois federal judge has refused to hand an electronic accessories distributor a partial win in the company's $9 million dispute over Walgreen Co.'s alleged failure to place its products on premium shelf space because genuine questions exist over whether allegedly insufficient product deliveries made contract compliance essentially impossible.

  • May 07, 2025

    Coffee Exporter Hit With $31M Judgment Over Missed Shipments

    A Florida federal judge said Wednesday she would enter a roughly $31 million judgment for a "green" coffee retailer that said it prepaid for coffee shipments that were never received from a Nicaraguan green coffee bean exporter.

  • May 07, 2025

    Wells Fargo Forced Short Sales Despite CARES Act, Suit Says

    Wells Fargo forced the short sale of a North Carolina woman's home by denying her forbearance on her mortgage as mandated under federal law at the onset of the COVID-19 pandemic, she alleged in a proposed class action filed in California federal court.

  • May 07, 2025

    Solar Firm Says Conn. Regulator Acted Without Valid Members

    The three Public Utilities Regulatory Authority commissioners who signed a final decision against a solar energy developer and in favor of an Avangrid Inc. unit were not "validly sitting" at the time the edict was issued in March, according to an administrative appeal in Connecticut state court.

  • May 07, 2025

    Nordstrom's Investor Can't Block Vote On Go-Private Deal

    A Washington federal judge said he won't block a shareholder vote on Nordstrom's proposed $6.25 billion deal to go private, issuing a sealed order on Tuesday denying a preliminary injunction bid in a proposed investor class action.

  • May 07, 2025

    Judge Affirms $9.4M Verdict For American Airlines In IP Case

    A Texas federal judge has finalized a $9.4 million judgment for American Airlines over airfare search engine Skiplagged Inc.'s unauthorized use of copyrighted booking content, while also upholding the jury's finding that Skiplagged's use of American's trademarks was fair and declining to revive the lawsuit's contractual claims.

  • May 07, 2025

    Cannabis Firm Faces $11M Loan Default Lawsuit In Colo.

    A lender is suing a cannabis company that operates cultivators and more than 60 dispensaries in Colorado and Mexico, alleging it owes more than $11 million on a loan, has defaulted on that loan, and has been attempting to devalue collateral held by the lender.

  • May 07, 2025

    AWOL Plaintiff Dropped From Apple, Amazon Antitrust Case

    A Washington federal judge has ousted the lead plaintiff in a proposed antitrust class action against Apple and Amazon, after deciding last month to sanction the firm bringing the case for failing to tell the court the client had abandoned the case.

  • May 07, 2025

    Developer Fights NJ Power Broker's Bid To Nix Civil RICO Suit

    A Camden, New Jersey, real estate developer is fighting to keep alive his civil racketeering suit against South Jersey power broker George Norcross, arguing in New Jersey state court the recent dismissal of a related indictment against Norcross "changes nothing" in the civil litigation.

  • May 07, 2025

    Fla. Law Firm Says Paralegal Stole Its Trade Secrets

    A law firm in Miami is suing a former paralegal in Florida state court, saying she misappropriated trade secrets and stole thousands of attorney-client records following a negative performance review.

  • May 07, 2025

    Ga. Judges Dubious Of Path To Atty Fees In Crash Injury Case

    A Georgia appellate panel seemed to doubt Wednesday an injured driver's claims that he could recover attorney fees from Allstate Insurance Co. after the insurer rejected a settlement offer prior to a $1.5 million verdict in the driver's favor, suggesting he'd have to pursue a separate suit to recover his expenses.

  • May 07, 2025

    Chemours Pans 'Perplexing' Patent Claim In Distribution Row

    The Chemours Co. FC LLC has ripped a competitor's amended antitrust suit against it and its distributor for adding a "perplexing claim" for a declaratory judgment that the chemical company does not have any patents on a refrigerant, arguing that patents are a matter of public record and that the suit should be tossed.

  • May 07, 2025

    9th Circ. Affirms FTC Loss In Microsoft-Activision Case

    The Ninth Circuit on Wednesday affirmed a lower court's ruling in a Federal Trade Commission case that refused to block Microsoft's $68.7 billion acquisition of game developer Activision Blizzard Inc.

  • May 06, 2025

    Cerence Sues Microsoft Over Text-To-Speech Tech Use

    Massachusetts-based artificial intelligence company Cerence Inc. on Tuesday sued Microsoft and a Microsoft subsidiary in Delaware federal court alleging copyright infringement and accusing them of selling licenses to Cerence's text-to-speech technology without permission.

  • May 06, 2025

    Emory Parent's COVID Tuition Refund Suit Axed Over Standing

    A Georgia federal judge threw out a proposed class action filed by the father of an Emory University student seeking a refund over the university's closures during the COVID-19 pandemic, finding only the student had the right to sue.

  • May 06, 2025

    Apple Seeks Sanctions Against Winston & Strawn In App Suit

    Apple has asked a California federal judge to sanction Winston & Strawn LLP and its client Musi Inc., arguing Monday they made "false and misleading allegations" in a lawsuit over Apple's decision to boot the music streaming service from the App Store for intellectual property infringement.

  • May 06, 2025

    Biz Owner Says $5M Panama Award Suit Should Be Paused

    A Miami businessman and his company asked a Florida federal court on Monday to pause Panama's bid to enforce a $4.8 million arbitral award over construction agreements, arguing that it should wait until a parallel arbitration concludes.

  • May 06, 2025

    NY Says Owner Has To Sell Ski Resort After Antitrust Loss

    A New York ski resort operator who a state judge has ruled violated antitrust law by buying a rival and shutting it down should have to sell off one of its properties, preferably the one it shut down, so it can be reopened for next winter, the Empire State is arguing.

  • May 06, 2025

    Boeing Battles Bid To Depose Engineer In 737 Max Fraud Suit

    Boeing is fighting LOT Polish Airlines' bid to force the deposition of a former 737 Max program engineer, contending the ex-employee's testimony isn't necessary in the airline's $200 million federal lawsuit accusing the aerospace giant of concealing jet design safety concerns to ink a 2016 lease deal.  

  • May 06, 2025

    Texas Jury Clears Marathon Oil In $123M Force Majeure Case

    A Texas federal jury has freed Marathon Oil Co. from a $123.7 million contract dispute stemming from a natural gas delivery impeded in 2021 by Winter Storm Uri.

  • May 06, 2025

    Cipriani Bellini Maker Says Drink Importer Copies Cocktail Dress

    Cipriani Bellini maker Altunis and its U.S. licensee Bicobi Ltd. have sued alcohol importer Monsieur Touton Selection in New York federal court for allegedly infringing its trade dress by using an Altunis cocktail's seafoam green color bottle and package for its own products after Bicobi walked away from a distribution agreement.

  • May 06, 2025

    DR Horton Sued In Del. Over Property Deal Conflict Claims

    Stockholders of residential land developer Forestar Group Inc. sued national homebuilding giant and Forestar controller D.R. Horton derivatively late Monday for hundreds of millions in potential damages tied to billions' worth of allegedly conflicted, below-market sales to Horton of Forestar-prepared lots.

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.

  • Perspectives

    The Benefits Of Aligning States On Legal Paraprofessionals

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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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