Commercial Contracts

  • August 04, 2025

    Subcontractor Can't Get Fees In Seattle Sewer Pipeline Saga

    A Washington state appeals court panel will not let a subcontractor recoup roughly $500,000 in legal fees and costs tied to a construction firm's passthrough claims over a county-commissioned sewer pipeline project in Seattle, ruling on Monday the subcontractor was never dubbed the winner in the dispute.

  • August 04, 2025

    Ex-Yankee Strikes $729K Deal With Moldy Mansion's Landlord

    Former Major League Baseball player Joshua Donaldson will receive around $729,000 from the landlord of a Connecticut mansion that suffered a mold problem after they reached a post-verdict deal to end their federal contract dispute.

  • August 04, 2025

    'Cardiac Pack' Says Ohio NIL Ruling Doesn't Apply To NC Suit

    The end of a name, image and likeness lawsuit in Ohio has little bearing on a suit filed against the National Collegiate Athletic Association in the Tar Heel State, a group of former collegiate basketball players have told the North Carolina Business Court. 

  • August 04, 2025

    9th Circ. Rejects Most Of Sodexo's ERISA Arbitration Push

    The Ninth Circuit said Monday that employers can't unilaterally change Employee Retirement Income Security Act-governed plans to require arbitration, backing the bulk of a trial court ruling that refused to throw out of court a nicotine fee lawsuit against food service company Sodexo.

  • August 04, 2025

    Jimmy Page, Songwriter Resolve 'Dazed And Confused' Suit

    A settlement has been reached in a lawsuit brought by an American songwriter who accused Led Zeppelin guitarist Jimmy Page of infringing his copyright on "Dazed and Confused" and improperly collecting licensing fees after the song was used in the documentary "Becoming Led Zeppelin."

  • August 04, 2025

    Oil Co., Tokio Marine Unit Settle $24M Bond Dispute

    A Tokio Marine unit, an oil and gas company and a property owner have settled a $24 million dispute over outstanding reclamation bonds guaranteeing the proper environmental remediation of oil and gas properties, according to an order dismissing the case filed in Texas federal court.

  • August 04, 2025

    Catching Up With Delaware's Chancery Court

    Last week at the Delaware Court of Chancery, insurance brokerage and risk management giant Marsh & McLennan Cos. sought injunctive relief in a new suit accusing U.S. affiliates of London-based Howden Holdings Ltd. of a poaching scheme that involved over 100 M&M employees resigning on July 21. 

  • August 04, 2025

    Boeing Settles Defunct African Airline's 737 Max Fraud Suit

    Boeing has resolved a lawsuit accusing it of duping a South African airline into purchasing faulty 737 Max jets, the parties told a Washington federal judge, ending a case marked by discovery disputes that the judge recently said had "spiraled out of control."

  • August 01, 2025

    Supreme Court Asked To Weigh In On Distillery-Union Row

    An Oregon distillery has urged the U.S. Supreme Court to revive its challenge of a National Labor Relations Board decision that dinged the liquor maker for unfair labor practices, saying clarity was needed for a legal standard that the distillery says has allowed NLRB decisions to escape judicial review.

  • August 01, 2025

    Investors Fight Sanctions Over Telecom Arbitration Dispute

    Minority shareholders in telecommunications infrastructure firm Continental Towers LATAM Holding say they are not the ones stopping an arbitral award from being enforced, and have tried to comply with the court's orders but are "caught in the cross-hairs of a personal vendetta."

  • August 01, 2025

    Conn. Firm Seeks Pause Amid Firm Breakup Arbitration

    In the latest legal skirmish between former law partners Andrew Garza and Ryan McKeen following the dissolution of Connecticut Trial Firm LLC, Garza's new firm on Friday asked a Connecticut state court to pause unfair trade practices claims brought against it by McKeen's new firm, arguing that the complaint is an attempt to circumvent arbitration stays.

  • 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."

Expert Analysis

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Tracking The Evolution Of Liability Management Exercises

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    As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • Negotiating Triparty Hotel Agreements To Withstand Risk

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    Brewing economic uncertainty in the hospitality industry underscores the importance of subordination, nondisturbance and attornment agreements, and hotel managers should tightly negotiate these agreements to ensure remedies will not disturb key rights, say attorneys at Sidley.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • Independent Contractor Rule Up In The Air Under New DOL

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    In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.

  • 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.

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