Commercial Contracts

  • October 22, 2025

    Sinkhole Coverage Dispute Up To Jury To Decide, Judge Says

    A construction company and its insurer must go to trial over whether the company's invitation to a mediation constituted a defense tender for a now-settled counterclaim relating to a sinkhole discovered in December 2022 at a Seattle ship canal project, a Washington federal court ruled.

  • October 22, 2025

    NC Biz Court Bulletin: COVID Coverage, A Suspect Signature

    The North Carolina Business Court has rounded the corner into fall with insurance disputes over COVID-19 coverage at a chain of outlet malls and the theft of over $900,000 in legal THC reportedly stolen from a warehouse in the Southwest.

  • October 22, 2025

    Mass. Cannabis Lab's Suit Against Rivals Trimmed

    A Massachusetts state judge will allow a cannabis testing lab to pursue unfair competition claims against more than half a dozen competitors it accuses of fudging potency and purity test results to lure growers to their businesses, but not claims of unjust enrichment or tortious interference.

  • October 21, 2025

    Anesthesia Giant Cuts Deals To End Hospital Antitrust Cases

    North America's largest anesthesia provider has reached settlements ending antitrust claims from hospitals in New York and Florida as well as counterclaims accusing the hospitals of illegally recruiting away clinicians, according to court filings.

  • October 21, 2025

    Uber MDL Judge Sets Litigation Funding Disclosure Deadline

    A California federal judge ruled Tuesday in multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers that plaintiffs' counsel must disclose any ties to third-party litigation funding companies by next week, but stopped short of ordering all plaintiffs' counsel to affirmatively deny any connection.

  • October 21, 2025

    Judge Sends Solar Co.'s Panama Grid Access Row To Trial

    An Illinois federal judge on Tuesday said Spanish energy company Avanzalia Solar can pursue a claim that rival Goldwind Americas blocked and delayed access to the Panamanian power grid.

  • October 21, 2025

    Tribe's Home Defects Suit Belongs In Arbitration, Judge Told

    Lennar Corp. on Tuesday told a Florida state judge that the Seminole Tribe's lawsuit alleging construction defects in more than 550 homes built for its members must be arbitrated, arguing that purchase agreements contain provisions that require the warranty claims to be resolved out of court. 

  • October 21, 2025

    Hemp Co. Alleges Fraud Over $574K Late Kratom Delivery

    A Colorado hemp company has sued two other businesses and their owners in state court, accusing them of violating a purchase agreement when they delivered nearly 100 kilograms of mitragynine extract, commonly known as kratom, several months after it had canceled the agreement.

  • October 21, 2025

    NASCAR Drivers Demand Say In Antitrust Settlement Talks

    A group of NASCAR drivers is seeking to weigh in on the highly publicized antitrust suit against the private stock car racing organization as the parties mull the possibility of a settlement, citing concerns Tuesday that their interests risk being overlooked.

  • October 21, 2025

    Deutsche Bank Wants Conn. Court To Stay Out Of Vik Fight

    A Connecticut state court should not entertain billionaire Alexander Vik's request to shut down a lawsuit that Deutsche Bank AG is pursuing against him and his daughter in Norway, the bank said in a trio of motions that caution against interfering in a foreign proceeding.

  • October 21, 2025

    NC Court Asked To Ignore Fla. Case In Lindberg Receiver Row

    An insurer seeking to collect on a $524 million arbitration award against convicted insurance mogul Greg Lindberg urged a North Carolina state appeals court not to take judicial notice of his lawsuit in Florida federal court challenging the award, noting the Fourth Circuit already upheld it.

  • October 21, 2025

    5th Circ. Revives Oil Co.'s Faulty Cement Coverage Suit

    The Fifth Circuit revived an oil and gas producer's suit seeking coverage for a settlement it reached with a bankrupt oilfield services firm over faulty cement, saying a Texas federal court incorrectly tossed the company's duty to defend and indemnify claims against certain underwriters at Lloyd's of London.

  • October 21, 2025

    Amazon Return Policy Suit On Hold Amid Tentative Class Deal

    A Washington federal judge Tuesday paused a proposed class action accusing Amazon of shortchanging customers on refunds for returned items, after the parties told the court they struck a classwide deal to end the case and intend to seek formal approval of the settlement in the next two months.

  • October 21, 2025

    9th Circ. Doubts Finance Guru's Stance In Timeshare Exit Suit

    A Ninth Circuit panel signaled on Tuesday that it's unlikely to force arbitration in a proposed class action accusing celebrity financial planner Dave Ramsey of roping his radio show's listeners into a timeshare exit scheme, with two judges emphasizing that Ramsey's argument hinges on a contract that he never signed.

  • October 21, 2025

    Baker McKenzie Can't Get Illinois Malpractice Suit Tossed

    An Illinois state judge has refused to dismiss a private equity firm's malpractice suit accusing Baker McKenzie of botching a client's bid to reacquire a Russian coal mine, saying the plaintiffs have sufficiently pled claims sustainable under both Illinois and Russian law at this stage of the case.

  • October 21, 2025

    CORRECTED: Widower Wants Restaurant Sanctioned In Disney Allergy Death Suit

    A widower suing Disney over his wife's food allergy death at a Walt Disney World restaurant asked a Florida court on Monday to sanction the restaurant, claiming it ambushed him with brand new evidence in the middle of depositions, after months of discovery had already been conducted.

  • October 21, 2025

    Connell Foley Hit With $40M Suit Over NJ Hotel Project

    A hotel developer is mounting a $40 million malpractice lawsuit against Connell Foley LLP in New Jersey state court, alleging the firm steered it into costly arbitration with a contractor on a hotel construction project.

  • October 21, 2025

    Finance Co. Says Chubb Must Pay Its Part Of $5M Wire Loss

    Financial services company Robert W. Baird & Co. told a Wisconsin federal court that a Chubb unit has wrongly refused to cover any of the company's more than $5 million loss stemming from fraudulent wire instructions, noting that AIG, its primary insurer, already paid a $2.5 million sublimit.

  • October 21, 2025

    NY Atty Blames Another Lawyer For AI-Faked Case Citations

    A New York attorney on Tuesday denied ever having used artificial intelligence in his law practice and said the fake, AI-hallucinated cases cited in a motion to dismiss a case against his client were prepared by another attorney.

  • October 21, 2025

    Beauty Exec Wants $40M Set-Aside After $1B L'Oreal Sale

    The former president of a Connecticut beauty brand that L'Oreal bought for around $1 billion wants the company to secure $40 million in case she wins her lawsuit claiming she is owed a much bigger slice of the proceeds.

  • October 20, 2025

    IT Company Says Plaintiff In Contract Suit Threatened Worker

    An information technology company defending against claims that it committed fraud while performing a contract for online retailer Wayfair LLC told a Texas federal court the plaintiff who brought the suit should be sanctioned for threatening an employee.

  • October 20, 2025

    5th Circ. Affirms Fraud Conviction Of Failed Bank's Ex-CEO

    A Fifth Circuit panel upheld the conviction of former First NBC Bank CEO Ashton J. Ryan Jr., who was sentenced to 14 years in prison and ordered to pay $215 million in restitution after a jury found him guilty of bank fraud and conspiracy related to the collapse of the Louisiana bank.

  • October 20, 2025

    Ex-Cano Health CEO Settles $70M Suit Over Failed Dental Deal

    The ex-CEO of formerly bankrupt Cano Health Inc. has settled a $70 million lawsuit in Florida state court by a dental services provider that sought to hold him personally liable for the collapse of its business after a deal with Cano Health went sour.

  • October 20, 2025

    Surfacing Co. Says AIG Must Cover Acquisition Losses

    A decorative surface manufacturer told a Delaware state court that an AIG unit must cover losses incurred after the chemical company it acquired allegedly misrepresented the state of its relationship with the company's top customer.

  • October 20, 2025

    OpenAI Says It Owes Musk Nothing In For-Profit Move

    OpenAI and Microsoft have asked a California federal court to avoid trial on claims that OpenAI duped Elon Musk into donating $45 million with false promises of remaining a nonprofit, arguing no such promises were made and that the billionaire's money came without strings or control.

Expert Analysis

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

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    As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

  • Tips For US Investors Eyeing Middle East Data Centers

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    While Middle East data center investment presents a compelling opportunity in light of renewed U.S.-Gulf cooperation on artificial intelligence and critical technologies, these projects require a nuanced understanding of regional legal and regulatory regimes, says Haykel Hajjaji at Covington.

  • 4th Circ. Favors Plain Meaning In Bump-Up D&O Ruling

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    The Fourth Circuit's latest denial of indemnity coverage in Towers Watson v. National Union Fire Insurance and its previous ruling in this case lay out a pragmatic approach to bump-up provisions that avoids hypertechnical constructions to limit the effect of a policy's plain meaning, say attorneys at Kennedys.

  • Series

    Playing Baseball Makes Me A Better Lawyer

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    Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

  • Series

    Law School's Missed Lessons: Skillful Persuasion

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    In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.

  • Litigation Inspiration: How To Respond After A Loss

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    Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.

  • The Metamorphosis Of The Major Questions Doctrine

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    The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.

  • Series

    Playing Mah-Jongg Makes Me A Better Mediator

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    Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.

  • Business Court Bill Furthers Texas' Pro-Corporate Strategy

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    The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.

  • Lively-Baldoni Saga Highlights Insurance Coverage Gaps

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    The ongoing legal dispute involving "It Ends With Us" co-stars Justin Baldoni and Blake Lively raises coverage questions across various insurance lines, showing that effective coordination between policies and a clear understanding of potential gaps are essential to minimizing unexpected exposures, says Katie Pope at Liberty Co.

  • Series

    Law School's Missed Lessons: Navigating Client Trauma

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    Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.

  • Opinion

    4 Former Justices Would Likely Frown On Litigation Funding

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    As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • State Law Challenges In Enforcing Arbitration Clauses

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    In recent cases, state courts in Pennsylvania, Massachusetts and New Jersey have considered or endorsed heightened standards for arbitration agreements, which can mean the difference between a bilateral arbitration and a full-blown class action in court, says Fabien Thayamballi at Shapiro Arato.

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

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