Commercial Contracts

  • July 11, 2025

    Nonparties Object To 'Oppressive' Subpoenas In Contract Suit

    An apartment complex and a contractor told the North Carolina Business Court that a construction company that filed suit, seeking to prove it was jilted by a subcontractor on more than $13 million worth of electrical work, is overreaching in its request for communications from them.

  • July 11, 2025

    11th Circ. Won't Reinstate Worker's ERISA Arbitration Award

    A divided Eleventh Circuit panel refused to restore a former water treatment company director's arbitration award of about $129,000 on claims that he should've been offered severance when demoted to a consultant, saying an arbitrator erroneously decided a federal benefits law claim the worker never raised.

  • July 11, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen HS2 hit with a defamation claim by two ex-employees who blew the whistle on alleged under-reporting of costs, Craig Wright and nChain face legal action brought by its former chief financial officer over a fraud scheme, and pro-footballer Axel Tuanzebe bring a clinical negligence claim against his former club Manchester United F.C. Here, Law360 looks at these and other new claims in the U.K.

  • July 10, 2025

    Punitive Damages Ruling Deferred In Jack Nicklaus' Fla. Suit

    A Florida state court judge deferred a decision on whether he'll overrule a previous order denying punitive damages in a defamation lawsuit brought by former professional golfer Jack Nicklaus against a company he founded and two of its officers, saying there must be enough evidence to find that reprehensible misconduct occurred.

  • July 10, 2025

    Chubb Units Say Conn. City Owes $1.8M For Water Main Break

    Two Chubb units told a Connecticut federal court that the city of New Britain must reimburse them for over $1.8 million in coverage payments for a water main break that they said caused severe flood damage, arguing local authorities took too long to step in.

  • July 10, 2025

    Construction Equipment Co. Says Dealer Withheld $3M

    A Japanese construction machinery company told a Texas federal court that an Amarillo-based equipment dealer has failed to pay several invoices and continues to hold onto about $3 million worth of equipment, asking the court to order the dealership to turn over the equipment.

  • July 10, 2025

    'Admonition' But No More Amazon Penalty For Hidden Docs

    A federal judge in Washington state took Amazon.com to task Thursday for "bad faith" material review that labeled tens of thousands of documents as covered by attorney-client privilege despite involving no legal advice, but the judge, who is presiding over the Federal Trade Commission's Prime subscriptions case against the company, opted against further punishment.

  • July 10, 2025

    Judge Trims IP Claims In Voice Actors' Suit Against AI Co.

    A New York federal judge ruled Thursday that two voice actors accusing an artificial intelligence startup of cloning their voices for narration software without permission can proceed with their state-level claims, but their trademark and most of their copyright claims must be dismissed for now.

  • July 10, 2025

    Apple, Visa And Mastercard Beat Payment Fee Collusion Suit

    An Illinois federal judge on Wednesday dismissed several retailers' proposed antitrust class action that accused Apple, Visa and Mastercard of scheming to restrain competition in point-of-sale transaction payment networks, saying the express terms of agreements retailers had claimed were anti-competitive showed otherwise.

  • July 10, 2025

    X Can't Escape Don Lemon Suit, But Musk Can, Judge Says

    X Corp. has lost its bid to ditch all of former CNN anchor Don Lemon's lawsuit claiming the social media platform reeled him into a talk show partnership and then unceremoniously canceled the deal, although its leader Elon Musk was allowed to duck out of the case.

  • July 10, 2025

    Original BBQ Joint Lays Claim To TM In Fight With Franchise

    The original location in a North Carolina chain of barbecue restaurants has shot back at a trademark infringement suit brought by the company that runs its sister restaurants, arguing it never lost ownership of the marks after the two entities split ways two decades ago.

  • July 10, 2025

    Conn. Couple Must Provide Harbor Access, Judge Says

    A Connecticut state court judge has sided with a married Bridgeport couple who sued another married couple over a now-completed home construction project that allegedly blocked the plaintiffs from accessing a local harbor.

  • July 10, 2025

    11th Circ. Tosses Satellite Co.'s $829K Finder's Fee Suit

    The Eleventh Circuit said Wednesday that a $829,000 award in favor of a satellite technology company should be tossed, writing that a Florida federal court didn't have jurisdiction over the case.

  • July 10, 2025

    Bettors Fight To Keep Suit Over DraftKings Promos Afloat

    DraftKings customers alleging the online betting giant's advertisements fuel gambling addiction are pushing to keep their proposed class action against the company alive, throwing water on its effort to escape the lawsuit by leaning on its extensive disclaimers and fine print.

  • July 09, 2025

    Uber Gets Some Driver Sex Assault Bellwether Claims Tossed

    The California federal judge overseeing multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers has partially granted the ride-share company's bid to dismiss 20 bellwether cases.

  • July 09, 2025

    OpenAI Must Give Musk Info On Altman Firing In Fraud Suit

    A California federal magistrate judge overseeing discovery in Elon Musk's lawsuit challenging OpenAI's plans to change its corporate structure ordered the artificial intelligence company to hand over documents related to CEO Sam Altman's brief firing by OpenAI's board, agreeing the information is "relevant" to Musk's charitable trust and fraud claims.

  • July 09, 2025

    Albireo Energy Faces Suit Over Mold In Colo. School

    A Colorado school district hit Albireo Energy with a negligence suit in state court Wednesday that blames the building controls company for nearly $1 million in damage to a middle school from a botched ventilation system upgrade.

  • July 09, 2025

    Florida Court Nixes $5.8M Ruling, Says Loans Not Securities

    Florida's Third District Court of Appeal on Wednesday reversed and remanded a roughly $5.8 million judgment in a dispute regarding loan participation agreements between a commercial lender and an investment firm, saying the agreements weren't securities and were instead "routine commercial transactions."

  • July 09, 2025

    Boeing Wants 787 Contract Claims Split From 737 Fraud Suit

    Breach of contract claims related to a 787 Dreamliner sale should be severed from litigation brought by Norwegian Air subsidiaries that also accuses the company of fraudulently misrepresenting its 737 Max aircraft, Boeing told a Washington federal judge.

  • July 09, 2025

    Amazon Customer Grilled On Whole Foods Ad Suit At 9th Circ.

    A Ninth Circuit panel appeared critical on Wednesday of a consumer's claim that Amazon duped Prime members by pulling its free Whole Foods grocery delivery perk, as the judges pointed to subscriber terms allowing the e-commerce giant to change the benefits package.

  • July 09, 2025

    J&J Unit Owes $76.6M For Ending AI Tissue Imaging Deal

    A New York federal judge held Tuesday that Johnson & Johnson's Ethicon unit owes ChemImage Corp. $76.6 million after unilaterally ending their deal to develop in-surgery artificial intelligence imaging techniques, adopting a 17% discount rate on intellectual property impairment damages proposed by ChemImage as opposed to Ethicon's proposed 40% rate.

  • July 09, 2025

    Former Josh Wine Exec Sues Over Soured Buyout Deal

    The former president of the wine and spirits company that owns multibillion-dollar brand Josh Cellars has filed suit in New York state court, claiming the family-run enterprise has withheld millions in royalty payments that he was due after his employment contract expired, exposing "the dark underbelly of the adage that blood is thicker than water."

  • July 09, 2025

    Costco Says Insurer Owes Defense In Heavy Box Injury Suit

    A Hartford unit violated Washington state's Insurance Fair Conduct Act by unreasonably denying additional insured coverage for a man's lawsuit alleging he suffered severe injuries when moving a product at Costco, the retail giant alleged in a lawsuit recently removed to Washington federal court.

  • July 09, 2025

    NJ Panel Revives Doctor's Fight Against Noncompete Clause

    A New Jersey appellate panel revived on Wednesday a physician's lawsuit challenging the enforceability of a restrictive covenant in his employment contract, ruling that the lower court prematurely dismissed the case without resolving key factual disputes.

  • July 09, 2025

    Ballpark Builder Wants Engineer Forced To Ink Settlement

    The original builder of a hotly litigated Hartford minor league baseball stadium has asked a Connecticut state court judge to force an engineering consultant's compliance with a confidential settlement agreement it has allegedly failed to sign despite sitting at the table with a number of other entities and lodging no objection to the terms.

Expert Analysis

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • Gas Contract Fight Holds Lessons On Force Majeure Clauses

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    Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.

  • Art Fraud Cases Highlight Importance Of Due Diligence

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    Recent high-profile art fraud cases provide a helpful reminder that a healthy skepticism can prevent prospective buyers from becoming victims, and that lawyers can take steps to help safeguard their clients, say attorneys at Arnold & Porter.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • A Deep Dive Into Singapore's New Int'l Arbitration Rules

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    The latest revisions to the Singapore International Arbitration Centre's rules, effective as of Jan. 1, contain numerous innovative and industry-leading updates, including new rules on coordinated and emergency procedures, and third-party funding, say attorneys at WilmerHale.

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • Trump Likely To Prioritize Trade, Customs Fraud Enforcement

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    With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.

  • Recent Suits Show Antitrust Agencies' Focus On HSR Review

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    The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • Private-Bidding Compliance Lessons From Siemens Plea Deal

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    Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.

  • FTC Report On AI Sector Illuminates Future Enforcement

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    The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

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