Commercial Contracts

  • September 30, 2025

    Wu-Tang Trade Secret Ruling Hints At New Way To Protect Art

    A New York federal judge caused a splash last week when she ruled that a one-of-a-kind Wu-Tang Clan album can constitute a trade secret, and attorneys say the surprising decision could broaden the scope of trade secret protections to cover artistic works.

  • September 30, 2025

    Wash. MLS Asked About Fairness Of Banning 'Office Exclusives'

    A Washington federal judge pressed Northwest Multiple Listing Service at a hearing Tuesday to explain how its board of directors justified limiting homeowners' options when listing their residential properties for sale.

  • September 30, 2025

    NY Court Ends $2.5M Bid In West Point Project Fight

    A New York federal judge on Tuesday rejected a subcontractor's attempt to recover $2.5 million for construction work on a West Point Military Academy renovation, finding the company's claims are barred under state law because it never submitted written notices of dispute.

  • September 30, 2025

    Union Pacific Takes Chicago Metra Lines Fight To 8th Circ.

    Union Pacific told the Eighth Circuit that a federal rail regulator acted arbitrarily when it recently granted terminal trackage rights on three of its rail lines to Metra, Chicago's commuter rail system, the latest escalation in a yearslong contractual dispute over access to the crucial rail hub.

  • September 30, 2025

    $200M Investor In Studio 8 Asks Chancery For Records

    A Chinese investor has asked the Delaware Chancery Court to force Studio 8 Holdings LLC to open its books, alleging the Hollywood film and television production company squandered a $200 million investment the investor made in June 2014.

  • September 30, 2025

    College Athlete Advocates Join Supporters Of Senate NIL Bill

    A day after three Democratic U.S. senators introduced a bill promising more protections for college athletes — including women, athletes in smaller sports and those at smaller institutions — under the new revenue-sharing rules, the proposal on Tuesday drew praise from advocates for athletes and labor, including an official from the AFL-CIO.

  • September 30, 2025

    Wash. Panel Keeps Wage Suit Against Logistics Co. In Court

    The arbitration agreements that a logistics company gave to two workers were unconscionable because they either didn't contain a severability clause or included a class waiver, a Washington state appellate panel ruled, affirming a decision to keep the workers' wage and hour suit in court.

  • September 30, 2025

    NJ Law Firm Defeats Suit Over Boardwalk Pier Investment

    A New Jersey law firm won summary judgment in federal court over malpractice claims by a couple suing over a failed investment in an Atlantic City boardwalk project.

  • September 30, 2025

    FTC Accuses Zillow, Redfin Of Stifling Rental Ad Competition

    The Federal Trade Commission filed a lawsuit in Virginia federal court on Tuesday accusing Zillow of paying Redfin more than $100 million to stop competing for the sale of rental housing advertisements on their listing services.

  • September 30, 2025

    Altria Loses Out On $38M Refund On Foreign Subsidiaries

    Tobacco products maker Altria is not entitled to a $38 million tax refund on foreign subsidiaries, a Virginia federal court found, saying the company was an indirect shareholder through its interest in Anheuser-Busch and therefore owes taxes on its portion of the subsidiaries' income.

  • September 30, 2025

    3M Wins Toss Of $1.7B Suit Over Post-It Notes IP Deal

    A New York federal judge has tossed an inventor's $1.7 billion lawsuit challenging the terms of a settlement of his earlier intellectual property case against 3M over the inventorship of the Post-it note, saying his claims are barred by earlier litigation.

  • September 30, 2025

    Co-Marketing Isn't A Kickback Scheme, NC Lender Says

    A mortgage lender is urging a North Carolina federal court to toss a homebuyer's suit accusing it and an insurance broker of running a kickback scheme, arguing that the homebuyer is wrongfully alleging that its co-marketing agreement with the brokerage is some sort of kickback scheme.

  • September 29, 2025

    Zurich Wins $2M Coverage Dispute Over Wrongful Death Suit

    A Colorado federal judge dismissed the claims of a pipeline construction company against Zurich Monday after the court found the insurance policy between the insurer and one of the construction company's subcontractors only allowed coverage up to $1 million, not $2 million.

  • September 29, 2025

    Wash. Bank Abetted $230M Ponzi Scheme, Investors Say

    A Washington state bank has been accused of keeping afloat a real estate investment firm's $230 million Ponzi scheme by maintaining the enterprise's accounts even when evidence of fraud surfaced, according to a new lawsuit in Seattle federal court.

  • September 29, 2025

    Mich. Judge Says Truck Maker Must Face Delivery Failure Suit

    Vehicle manufacturer International Motors LLC can't escape claims that it misrepresented its ability to produce hundreds of trucks on time for a large-volume purchaser, costing the buyer tens of millions of dollars in damages, a Michigan federal judge has ruled.

  • September 29, 2025

    Kazakh Money Laundering Retrial Against Felix Sater Begins

    A Manhattan federal jury heard opening statements Monday in a civil money laundering retrial against financier Felix Sater, whom plaintiffs branded as a thief who enriched himself as he helped hide millions of dollars looted from a Kazakh bank 20 years ago.

  • September 29, 2025

    NJ Panel Rejects Suit Over Deadly Warehouse Fire

    A New Jersey appellate court on Monday backed the dismissal of a proposed class action that was filed over a deadly December 2021 fire in a Hoboken commercial warehouse that killed two people.

  • September 29, 2025

    Hagens Berman Misstep Ends Amazon-Apple Suit, For Now

    A Washington federal judge threw out a proposed class action targeting an alleged pact between Amazon and Apple to limit device sales on the e-commerce platform, agreeing on Monday to revisit an earlier ruling after fresh facts surfaced showing that the former lead plaintiffs' counsel misled the court for months.

  • September 29, 2025

    Why $2.5B Might Not Be Enough In FTC's Amazon Settlement

    As the Federal Trade Commission and some observers hailed Amazon's $2.5 billion deal over its Prime membership practices as a milestone to protect consumers from manipulative tactics, others doubted the 10-figure settlement will be enough to hold the company accountable following a case it had seemed likely to lose.

  • September 29, 2025

    Ga. Panel Says Insurer Not Liable For Fees In $1.5M Case

    The Georgia Court of Appeals said a trial court rightly refused to make Allstate pay attorney fees after rejecting a settlement offer from a man who was later awarded $1.5 million for crash injuries, saying the award "was not warranted" because the insurer wasn't a named party at trial.

  • September 29, 2025

    In Chancery, Bankrupt First Brands Accused Of Deal Breach

    Automotive manufacturer Grammer Inc. filed a suit in the Delaware Chancery Court accusing APC Parent LLC and guarantor First Brands Group, which filed for Chapter 11 protection on Sunday, of breaching multiple agreements and withholding more than $20 million in payments involved with a $40 million merger.

  • September 29, 2025

    6th Circ. Won't Revive Software Development IP Case

    The Sixth Circuit has declined to revive copyright infringement and trade secrets claims brought by a business communications company over a software development tool, saying the company waited too long to look into its concerns that a rival was distributing a modified version of the software.

  • September 29, 2025

    Crypto Promoter Fined For Skipping Deposition In Fraud Case

    A Michigan federal judge has ordered a cryptocurrency promoter to pay $1,000 for missing a deposition deadline in a case brought by investors who said the promoter duped them into buying digital assets.

  • September 29, 2025

    McCarter & English Slams Pre-Trial Win Bid In $22M Suit

    McCarter & English LLP has asked a Connecticut state judge to block two insurers' summary judgment bids on breach of contract claims connected to a $22.3 million professional negligence lawsuit, saying both sides agreed to a 2026 bench trial and conducted discovery assuming neither side would seek a quick win.

  • September 29, 2025

    Sherwin-Williams Contests 'Exceptional Case' Fee Claim

    Arguing over a single contentious issue does not support a report that labeled Sherwin-Williams' litigation strategy in a patent dispute as "exceptional," the company asserted in a recent objection to recommendations that it should pay fines and attorney fees in the case.

Expert Analysis

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

  • Trucking Litigation Will Shift Gears In The Autonomous Era

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    As driverless trucks begin to roll out across Texas, a shift in how trucking accidents will be litigated is swiftly coming into view, with the current driver-centered approach likely to be supplanted by a focus on the design, manufacture and performance of autonomous systems, says Geoffrey Leskie at Segal McCambridge.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

  • Google Case Amicus Briefs Reveal Patent Damage Fault Lines

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    The 21 amicus briefs filed before the en banc rehearing of EcoFactor v. Google offer opposing viewpoints on important patent damages issues that extend beyond the specific question the Federal Circuit eventually ruled on, helping practitioners anticipate and address likely objections to future damages opinions, say attorneys at Stout.

  • How Trucking Cos. Can Keep Rolling Under Tariff Burdens

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    Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.

  • Tariff Strategies For The US Renewable Energy Sector

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    The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • As Tariffs Hit The Radar, PE Counsel Should Review Strategies

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    As tariffs compound existing challenges in the private equity sector, counsel should consider existing headwinds such as interest rates and industry-specific impacts like supply chains and pricing power, which may help mitigate risks and capture opportunity, says Nathan Viehl at Thompson Coburn.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • Mass. Suit Points To New Scrutiny For Home Equity Contracts

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    The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

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    A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

  • Hints Of Where Enforcement May Grow Under New CFPB

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    Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the CFPB seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.

  • Assessing Jurisdictional Issues In 2nd Circ. Bank Audi Case

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    The Second Circuit's reasoning last month in Raad v. Bank Audi that the exercise of personal jurisdiction must be based on conduct taking place within the jurisdiction reminds foreign financial institutions to continually monitor how plaintiffs are advocating for an expansive view of personal jurisdiction in the U.S., say attorneys at Freshfields.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

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