Commercial Contracts

  • August 12, 2025

    Pa. Marina Can't Cite 1849 Law To Reopen Railroad Crossing

    A Pennsylvania federal judge on Tuesday rejected an attempt by the owner of a bar and marina south of Pittsburgh to claim an 1849 law in seeking to force railroad company CSX Transportation to reopen a rail crossing providing the only public access to the business.

  • August 12, 2025

    Biogen Says It Owes Nothing After $122M IP Royalties Mistrial

    Biogen MA Inc. urged a California federal judge to rule that it owes Genentech Inc. nothing in royalties related to expired patents, saying Genentech's argument for a $122 million award relies on "linguistic gymnastics," in a rare post-mistrial arrangement that will see the judge step in to deliver the verdict.

  • August 12, 2025

    AstraZeneca, Stockholders Far Apart In Merger Damages Tally

    Syntimmune Inc. stockholders and Alexion Pharmaceuticals have landed tens of millions of dollars apart in new tallies of interest owed after a Court of Chancery ruling in June that Alexion failed a "best efforts" duty to fulfill an autoimmune drug candidate deal.

  • August 12, 2025

    11th Circ. Suggests 'Bad Drafting' Led NCR To Benefit Liability

    The Eleventh Circuit signaled Tuesday that it will likely uphold an early win by former executives of a Georgia e-commerce company who said they were short-changed in payouts from a "top hat" benefits plan, telling the company it couldn't escape the "bad drafting" of its contract.

  • August 12, 2025

    Insurer Obstructed $116M In Funding Claims, Court Told

    A company that invested in a personal injury law firm's docket of cases alleges in a lawsuit removed to North Carolina federal court that its insurer "intentionally obstructed" its recovery of more than $116 million in coverage under policies insuring that investment.

  • August 12, 2025

    Yale Hospital System Settles Data Breach Class Claims

    Connecticut's largest hospital system agreed to settle class claims over a March data breach that may have exposed the personally identifiable information and protected health information of millions of people, federal court records show.

  • August 12, 2025

    Roche Settles Trade Secrets Suit With Stanford And Profs

    Subsidiaries of F. Hoffmann-La Roche AG have settled claims with a competing startup founded by Stanford University professors to resolve claims of trade secret theft related to cancer detection technology.

  • August 12, 2025

    MLB Star, Agent Undermined Housing Project, Suit Says

    Los Angeles Dodgers star Shohei Ohtani and his sports agent have been accused in Hawaii state court of being behind "a calculated and unlawful scheme" to boot two members of a real estate joint venture from a luxury residential project.

  • August 12, 2025

    11th Circ. Wary Of Individual Arbitration Push In ESOP Fight

    The Eleventh Circuit on Tuesday appeared unlikely to force individual arbitration of a federal benefits lawsuit alleging that a legal technology company's employee stock ownership plan shares were undervalued in a plan termination, with multiple judges questioning the validity of an arbitration provision in ESOP plan documents.

  • August 12, 2025

    Travelers Units Freed From Builder's Asbestos Injury Dispute

    A Travelers subsidiary has no obligation to defend a construction company against a suit seeking indemnification for asbestos-related injury claims, a South Carolina federal court ruled, finding that the suit does not seek damages but rather a declaration of contractual right.

  • August 12, 2025

    NC Judge Rejects NASCAR's Sanctions Bid In Antitrust Fight

    A North Carolina federal judge rejected NASCAR's attempt to have two teams that are suing the organization over antitrust violations sanctioned for allegedly misleading the court, ruling that the request does not move the case forward and is an attempt to garner public sympathy.

  • August 12, 2025

    Disney Accuses InterDigital Of Monopolizing Video Tech

    Disney has launched an antitrust lawsuit in Delaware federal court accusing wireless technology company InterDigital Inc. of using its patents to create a monopoly on the market for technology necessary for streaming services.

  • August 11, 2025

    5th Circ. Backs Mexican Banks' Subpoena For Fraud Case

    The Fifth Circuit on Monday refused to revive a Mexican businessman's motion to quash a subpoena stemming from major Mexican financial institutions' efforts to obtain discovery as they pursue claims that the businessman absconded with $32 million in loans, saying it detected "no error" in a lower court's denial.

  • August 11, 2025

    2nd Circ. Revives Hezbollah Terrorism Suit Against Bank

    The Second Circuit held Monday that a Lebanese bank is subject to the personal jurisdiction of New York courts on claims over its predecessor's alleged assistance to Hezbollah, citing the state highest court's certified answer in the case while also reasoning that the bank being subjected to the state's jurisdiction was foreseeable.

  • August 11, 2025

    Petroleum Marketer Sues Subtenant Over $11M Contract Breach

    A petroleum marketer told a Texas federal judge that a gas station operator has used its purchase of several stores as an excuse to try to muscle through a new contract, saying the operator has caused at least $11 million in damages by breaching their existing contract.

  • August 11, 2025

    Aetna, CVS Want Lab's $21M Payment Suit Tossed For Good

    Aetna and its parent company, CVS Health Corp., said a medical laboratory can't stand in the shoes of patients who were allegedly denied coverage by the insurer for lab tests, and they have asked a Connecticut federal judge to toss the lab's lawsuit for good.

  • August 11, 2025

    What To Watch In Mega Union Pacific-Norfolk Southern Tie-Up

    Union Pacific and Norfolk Southern's bold plan to create the nation's first transcontinental railroad owned by a single firm would transform freight transportation in the U.S., but it must first clear a heightened standard for reviewing mega rail mergers that hasn't yet been tested since the standard was set 24 years ago.

  • August 11, 2025

    Data Co. Asks DC Circ. To Revive $22M Guinea Award Bid

    A data consulting company has again urged the D.C. Circuit to reverse a lower court order denying its bid to enforce a $22 million arbitral award against Guinea, saying the country wrongly wants the appeals court to ignore long-standing precedent and nix enforcement on jurisdictional grounds.

  • August 11, 2025

    Liberty Mutual Nabs FCPA Declination, Will Disgorge $4.7M

    Liberty Mutual Insurance Co. will avoid prosecution under the Foreign Corrupt Practices Act and disgorge nearly $4.7 million over bribes paid by employees of its Indian subsidiary, the U.S. Department of Justice said Monday, in the first FCPA declination since President Donald Trump paused prosecutions under the law.

  • August 11, 2025

    Judge Upholds 99-Year Lease In Dispute At Miami Beach Hotel

    A state court judge largely shot down an attempt by co-owners of a Miami Beach hotel to cancel an operator's 99-year lease, rejecting arguments that the agreement requires the property to be maintained in 1950s condition.

  • August 11, 2025

    4th Circ. Affirms $2M Insurer Car Crash Payout, Plus Interest

    An excess insurer for a construction company must pay a woman and her two children its full $2 million limit after they suffered severe injuries in a head-on collision, the Fourth Circuit ruled, further finding the insurer must also pay both pre- and post-judgment interest.

  • August 11, 2025

    Colo. Basketball Coach Sues For $1M In Restaurant Stake Row

    A Denver restaurant owner and operator owes a former investor and fellow high school basketball coach more than $1 million on an unpaid promissory note for relinquishing his ownership stake in the company, the investor has claimed in a lawsuit filed in state court.

  • August 11, 2025

    Posner Accuser Wants Roberts To Pick Judges For Wage Case

    The pro se plaintiff seeking to revive wage claims against retired Seventh Circuit Judge Richard A. Posner has filed an opposed motion asking the circuit's chief judge to request U.S. Chief Justice John Roberts assign out-of-circuit judges to preside over the case, arguing the circuit judges cannot be impartial.

  • August 11, 2025

    Catching Up With Delaware's Chancery Court

    Nielsen Holdings Ltd. and consumer intelligence spinoff Nielsen Consumer IQ agreed to end their dispute, a sole investor asked the court to name him lead plaintiff in a suit challenging Endeavor's $13 billion take-private deal, and the Chancery Court announced a new, automated case assignment regime. Here's the latest from the Delaware Chancery Court.

  • August 11, 2025

    Legal Tech Co. Hits Back At Norton Rose With $15M Fraud Suit

    Norton Rose Fulbright is facing a $15 million fraud suit in Illinois state court from a legal tech company claiming the firm made false promises to lure its founders to join its new Chicago office and offer its legal workflow product to clients, weeks after Norton Rose sued the company saying it deceived the firm and kept client files without authorization.

Expert Analysis

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • A Legal Perspective On NYC's Retail Real Estate Evolution

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    As New York City's retail market begins to show signs of resilience after the challenges of recent years, landlords must be cognizant of legal implications from shifting trends toward shorter-term leases and pop-up stores, says Andrea Gendel at Pryor Cashman.

  • The Fed. Circ. In October: Anti-Suit Injunctions And SEPs

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    The Federal Circuit's holding in Ericsson v. Lenovo, a complex global case involving standard-essential patents, will likely have broad consequences for practitioners, including by making it easier to obtain an anti-suit injunction, say attorneys at Knobbe Martens.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • How CFIUS' Updated Framework Affects Global Investors

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    The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.

  • Service Providers Must Mitigate 'Secondary Target' Risks

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    A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • OpenAI's Patent Pledge Is Not All It Seems

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    A recent statement that OpenAI won't assert its own patents is more of an aspiration than an obligation, and should prompt practitioners to think deeply about the underlying legal mechanisms of patent and contract law when determining the effectiveness of similar nonassertion pledges, say attorneys at McDonnell Boehnen.

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