Commercial Contracts

  • April 30, 2025

    Judge Will OK Wellpath's Ch. 11 Plan Over Release Objections

    A Texas bankruptcy judge said Wednesday he will confirm prison healthcare company Wellpath's Chapter 11 plan over objections after the debtor achieved a global settlement and agreed to additional changes, saying he was convinced the plan offered the best outcome.

  • April 30, 2025

    Judge Rejects $5M Fee Bid In Prospect Medical's Ch. 11

    Bankruptcy Code provisions that allow creditors who make substantial contributions to be reimbursed for costs don't cover Prospect Medical's pre-Chapter 11 investment banker, a Texas bankruptcy judge said Wednesday, rejecting a finance firm's bid for a $5 million sale fee.

  • April 30, 2025

    Energy Cos., Texans Seek To Dodge $230M Project Feud

    Guatemalan and Texas energy companies and several Texas residents are pushing to join a petition from oilfield services company Schlumberger NV to try to avoid being dragged into an arbitration through which US Oil of Guatemala aims to seek $230 million in damages over an allegedly mismanaged hydrocarbon project in Guatemala.

  • April 30, 2025

    Agri Stats Gets Say In DOJ's Poultry Worker Wage-Fixing Case

    A Maryland federal court allowed Agri Stats Inc. to intervene Wednesday in the U.S. Department of Justice's case accusing Wayne-Sanderson Farms and George's Inc. of suppressing wages, after the government said the poultry companies need to stop using the agricultural data firm.

  • April 30, 2025

    Amazon's Suit Over Soured Solar Deals Survives Dismissal

    Amazon can sue a California-based private equity company and firms tied to a pair of Golden State solar energy developments for allegedly trying to sabotage the projects after signing long-term power purchase deals, a Washington state judge has ruled, rejecting jurisdictional arguments from the defendants.

  • April 30, 2025

    3rd Circ. Preview: NJ To Defend ICE Contractor Law In May

    The Third Circuit's argument lineup for May will see the state of New Jersey defend a law barring its immigration detention centers from contracting with U.S. Immigration and Customs Enforcement, while Rutgers University seeks to keep its victory over claims it falsely inflated its business school's ranking.

  • April 30, 2025

    Fla. Lender Urges 11th Circ. To OK Arbitration In Fee Suit

    A Florida credit union urged an Eleventh Circuit panel Wednesday to overturn a lower court order denying arbitration in a proposed class action over wrongly assessed overdraft fees, saying failure to preregister with the American Arbitration Association isn't grounds for a default.

  • April 30, 2025

    DraftKings Wants MLB Players' IP Case Sent To 3rd Circ.

    Sports betting company DraftKings Inc. told a Pennsylvania federal judge Wednesday that she was wrong to allow an MLB players organization's suit over unlicensed use of athletes' likenesses to proceed, arguing that the Third Circuit should weigh in on potentially novel legal issues that could quickly end the case.

  • April 30, 2025

    Biotech Co. Throws Flag On NFL Alumni's Bid To Toss Suit

    A biotechnology company accusing the National Football League's largest alumni club of breaking a contract in retaliation for being questioned about its use of government funds told a Georgia federal court Tuesday the company would add details to its suit to head off the club's bid to have the suit thrown out.

  • April 30, 2025

    Honeywell, Sourcing Co. End Scuffle Over Soured Supply Deal

    Honeywell has dropped its lawsuit accusing a sourcing company of making up quality concerns to bail on a contract for medical-grade gloves, according to a notice filed in the North Carolina Business Court.

  • April 30, 2025

    McDonald's Operator Loses Assault Suit Coverage Appeal

    Two insurers were correct to deny coverage for a former Pittsburgh-area McDonald's franchisee in a lawsuit accusing it of failing to stop a supervisor from sexually harassing and assaulting underage employees, since the litigation that sent it into bankruptcy fell under exceptions to the insurance policies, a Third Circuit panel ruled Wednesday.

  • April 30, 2025

    Amazon Can't Claw Back 'Inadvertent' Discovery Docs

    A Seattle federal judge has ruled that documents Amazon.com Inc. produced as part of three proposed antitrust class actions may not be clawed back, finding that despite the online retailer's claims that they were produced "inadvertently," there was no indication the document-sharing was a mistake.

  • April 30, 2025

    Barclay Damon Continues Growth With Morrison Cohen Hire

    Barclay Damon LLP is continuing the momentum its headcount growth made in 2024, announcing Tuesday that it has hired an employee benefits attorney from Morrison Cohen LLP in New York City.

  • April 30, 2025

    Boston Hospital Fends Off Doctor's Whistleblower Claims

    A Massachusetts state court judge on Tuesday tossed whistleblower, contract and wrongful termination claims brought by a doctor who alleged that Boston Medical Center ousted him in retaliation for his expert witness testimony contradicting his colleagues in child abuse cases.

  • April 30, 2025

    Allstate Settles Law Firm's Wrecked Car Fee Coverage Suit

    A settlement has been reached in a Georgia law firm's proposed class action against Allstate Insurance Co. over allegations that it failed to pay title transfer fees and license registration fees to insured people who incurred total loss claims.

  • April 29, 2025

    5th Circ. Backs $1.6M Pipeline Project Arbitration Award

    The Fifth Circuit on Tuesday unanimously affirmed a more than $1.6 million arbitration award covering stand-by costs an underground drilling company incurred on a subcontract for a pipeline construction firm, saying in a published opinion that the construction company failed to show that an arbitration panel exceeded its authority.

  • April 29, 2025

    5th Circ. Hints Exclusivity Could End Tata's $168M Woe

    A Fifth Circuit panel asked whether Tata Consultancy Services had taken trade secrets to solely build a product for a specific customer, questioning Tuesday whether to keep intact a $168 million judgment finding Tata stole an IT company's technology concerning source code and life insurance software documentation.

  • April 29, 2025

    Duke Energy Rival Tells Justices Not To Review Monopoly Suit

    Independent power producer NTE Energy is urging the U.S. Supreme Court not to review a decision that revived its monopoly suit against Duke Energy, saying the North Carolina-based company is asking the justices to issue an advisory opinion answering a hypothetical question.

  • April 29, 2025

    Deal Terms An Issue In $60M Mortgage Loan Sale Con Case

    A Washington federal judge suggested on Tuesday that she might hold off on interpreting the terms of a multimillion-dollar mortgage loan sale agreement at issue in a racketeering suit, since a contractual dispute involving the same deal is slated for a bench trial before her in October.

  • April 29, 2025

    'Alvin And The Chipmunks' Owner Says Arbitrator Overstepped

    The owner of the "Alvin and the Chipmunks" franchise is urging a California federal court to vacate a $2.2 million arbitral award favoring its international distributor based on the arbitrator's alleged "egregious errors," including inflating the damages owed over a rejected Nickelodeon deal.

  • April 29, 2025

    Sports Illustrated Owner Ends TM Row With Former Publisher

    Sports Illustrated's owner has agreed to permanently end its trademark dispute against its former publisher over claims that the publisher tore apart a long-standing licensing agreement while sabotaging the brand and holding hostage valuable intellectual property, according to a stipulation filed Tuesday in New York federal court. 

  • April 29, 2025

    Amazon Can't Shake Return Policy Suit, Wash. Judge Rules

    A Washington federal judge refused Tuesday to dismiss claims accusing Amazon of unlawfully recharging consumers under its "advanced refund" return policy, ruling that the e-commerce giant could face tort and quasi-contract liability alongside breach of contract allegations.

  • April 29, 2025

    Insurers Say 9th Circ. Extended Tribal Jurisdiction Too Far

    A group of insurers again urged the U.S. Supreme Court to review a Ninth Circuit decision ordering them to litigate COVID-19 coverage claims in Suquamish Tribal Court, saying Tuesday that the lower court's conception of tribal sovereignty is so broad that even the tribe is unwilling to defend it.

  • April 29, 2025

    Kroger-Owned Chain Fights To Keep UFCW Suit Alive

    The Kroger-owned grocery chain King Soopers urged a Colorado federal judge Tuesday to preserve its lawsuit against a United Food and Commercial Workers local, saying the company can prove that the union is placing unlawful pressure on it to bargain with multiple locals at once.

  • April 29, 2025

    4th Circ. Rules Honeywell Royalty Fight Belongs In Fed. Circ.

    The Fourth Circuit on Tuesday found that a fight over royalty payments between technology conglomerate Honeywell and its Japan-based rival should be kicked to the Federal Circuit, which has jurisdiction over all patent-related lawsuits.

Expert Analysis

  • 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.

  • 4th Circ. Health Data Ruling Opens Door To State Law Claims

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    In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • 5 Key Licensing Considerations For AI Innovations

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    As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

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