Commercial Contracts

  • October 07, 2025

    NASCAR Wins Fight With LGBCoin Over Racing Deal Approval

    A Miami jury returned a defense verdict late Monday in favor of NASCAR in a $76 million suit by the LetsGoBrandon.com Foundation accusing the league of destroying the value of its cryptocurrency LGBCoin after it revoked approval of sponsorship of a racing team.

  • October 06, 2025

    NASCAR Pans Antitrust Suit As 'Frontal Assault' On Charters

    NASCAR's charter system does not restrain trade and is good for the sport, the league said in asking a North Carolina federal judge to find it has not committed antitrust violations, pointing in part to the support of other team owners who allegedly want the monopoly suit put to bed.

  • October 06, 2025

    Boeing Aims To Trim Damages In Trade Secrets Case

    Facing a trade secrets misappropriation claim revived by the Eleventh Circuit, The Boeing Co. told an Alabama federal judge that a defunct company isn't entitled to unjust enrichment damages for a temporary contract the U.S. Air Force awarded two decades ago or a jury trial.

  • October 06, 2025

    Ex-UBS Reps Can't Solicit Bank Clients Amid Arbitration

    UBS Financial Services has secured a preliminary injunction blocking former UBS advisers from soliciting the firm's account holders while arbitration accusing the representatives of violating nonsolicitation and confidentiality agreements proceeds, a decision the defendants say is the result of a mutual agreement between the parties.

  • October 06, 2025

    Conn. Judges Unsure Why Court Called IVF A Sexual Act

    Connecticut appellate judges expressed some doubt Monday that a fertility doctor accused of impregnating two in vitro fertilization patients with his own sperm had committed sexual misconduct that disqualifies him from insurance coverage of a civil suit brought by his alleged children.

  • October 06, 2025

    Pioneer Couldn't Deliver Gas During Storm, Court Hears

    Pioneer Natural Resources USA Inc. told a Texas federal court Monday that Winter Storm Uri made it impossible to deliver about $9 million worth of natural gas to an energy trading company, saying during a Monday bench trial that the storm exempted it from its contractual obligations.

  • October 06, 2025

    Einstein Bagels Sues Franchisee For Breach Of Contract

    Einstein Bros. Bagels' franchising company claimed in Colorado federal court on Friday that a California man who owns and operates several franchises violated the terms of a development agreement by failing to comply with deadlines or open the agreed upon number of stores.

  • October 06, 2025

    Fed. Circ. Vacates J&J's $20M Loss Over Patent Ownership

    The Federal Circuit freed Johnson & Johnson subsidiary DePuy Synthes from a $20 million infringement verdict on Monday, saying the orthopedic surgeon suing it didn't own the asserted knee replacement patents.

  • October 06, 2025

    Justices Nix Petition Over Due Process In Arbitration

    The U.S. Supreme Court on Monday turned away a petition challenging a Florida appellate court decision that vacated a $1.5 million legal malpractice arbitration award against a company's former attorneys, Miami-based personal injury firm Ferraro Law Firm PA.

  • October 06, 2025

    Justices Asked To Narrow Honest Services Fraud In FIFA Case

    A South American sports marketing firm has asked the U.S. Supreme Court to review its reinstated bribery convictions, arguing that the Second Circuit's "extreme" application of honest services fraud law expanded the ability to secure convictions based on a private code of conduct.

  • October 06, 2025

    Catching Up With Delaware's Chancery Court

    Last week, the owner of the Kentucky Derby was hit with a suit accusing it of withholding escrow funds for environmental compliance violations owed under a 2022 deal with hospitality company Enchantment Holdings LLC.

  • October 06, 2025

    State Farm Underpaid Totaled Vehicle Claims, NC Drivers Say

    A proposed class of drivers told a North Carolina federal court that State Farm has systematically manipulated data in vehicle valuation reports to underpay policyholders' claims for totaled vehicles in violation of the state's total loss regulation.

  • October 06, 2025

    Angels Owner Testifies Noise Issue Marred NYC Penthouse

    Los Angeles Angels owner Arte Moreno testified Monday that he became "very concerned" about noise from a fire suppression system, as a Manhattan federal judge weighed his claim for the return of an $8.5 million deposit he made in a Park Avenue penthouse deal that never closed.

  • October 06, 2025

    Health Data Co. Accused Of Post-Deal Doc Deletions

    A post-acquisition representative for Caravan Health Inc. shareholders has asked Delaware's Court of Chancery to approve a forensic examination of records held by acquirer Signify Inc. after Signify was said to have acknowledged post-closing erasures of some Caravan employee records.

  • October 06, 2025

    High Court Won't Review NYC Bus Tour Antitrust Case

    The U.S. Supreme Court refused on Monday to review a New York City tour bus operator's case accusing a group of rivals of combining their operations and using the partnership to squash competition for hop-on, hop-off tour bus service.

  • October 06, 2025

    Justices Won't Review Live Nation's Arbitration Terms

    The U.S. Supreme Court refused Monday to grant Live Nation's request for clarity about whether federal arbitration law covers "alternative" forms of arbitration after the Ninth Circuit found Ticketmaster's consumer arbitration agreement cannot be enforced in an antitrust case.

  • October 06, 2025

    Justices Won't Hear Coinbase's Calif. Arbitration Challenge

    The U.S. Supreme Court on Monday declined to take up a case from Coinbase over whether federal arbitration laws preempt a California high court precedent that enabled a group of users to keep the crypto exchange in court over claims it misrepresented the security of its platform.

  • October 03, 2025

    Up First At High Court: Election Laws & Conversion Therapy

    The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail. 

  • October 03, 2025

    Meta Gets Facebook Ad Overcharging Suit Tossed, For Now

    A California federal judge on Friday dismissed a proposed class action from Iron Tribe Fitness claiming Meta Platforms Inc. secretly overcharged Facebook advertisers $4 billion by using an undisclosed auction system, but gave the fitness company the opportunity to submit a bolstered complaint.

  • October 03, 2025

    10th Circ. Rules Modoc Nation's Ex-AG Not Immune From Suit

    The Tenth Circuit said Friday that the Modoc Nation's former attorney general isn't entitled to immunity in the Oklahoma tribe's $14.6 million racketeering lawsuit against a computer management company, ruling the ex-official "is the real party in interest."

  • October 03, 2025

    Calif. Resort Fights To Toss Jewish Musician's Bias Suit

    A Northern California hot springs resort urged a San Francisco judge on Friday to toss a Jewish musician's lawsuit alleging his concert was canceled over his pro-Israel views, arguing he was trying to expand civil rights laws to include political beliefs.

  • October 03, 2025

    4 Top Supreme Court Cases To Watch This Term

    After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.

  • October 03, 2025

    Telecom Investors Say Guatemala Said No To Giving Up Docs

    Majority shareholders in telecommunications infrastructure firm Continental Towers LATAM Holding told a New York federal judge that Guatemalan law is what's stopping them from fully complying with a discovery order in a legal fight over a corporate coup and they shouldn't be sanctioned.

  • October 03, 2025

    Portland Labor Peace Rule Not Preempted By NLRA, City Says

    The city of Portland asked an Oregon federal judge Friday to toss a nonprofit's challenge to the city's requirement for its janitorial, security and industrial laundry contractors to sign labor peace agreements with unions, telling the judge the requirement isn't preempted by the National Labor Relations Act.

  • October 03, 2025

    Kentucky Derby Owner Churchill Downs Sued In Escrow Fight

    Churchill Downs Inc., the owner of the Kentucky Derby, has been sued in Delaware Chancery Court for allegedly withholding escrow funds for environmental compliance violations owed under a 2022 deal with hospitality company Enchantment Holdings LLC.

Expert Analysis

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • What Contractors Can Do To Address Material Cost Increases

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    In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.

  • Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion

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    The recent Delaware Superior Court ruling in Harman International v. Illinois National Insurance offers a critical framework for interpreting bump-up exclusions in management liability insurance policies, and follows the case law trend of narrow interpretation of such exclusions, says Simone Haugen at Tressler.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz

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    Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Likely Doomed CFPB Contract Rule Still Has Industry Pointers

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    While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • What To Expect From Trump's Deputy Labor Secretary Pick

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    President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

  • 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.

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