Commercial Contracts

  • September 10, 2025

    Teleradiology Co. Seeks OK Of Award Nixing $2M Fraud Claim

    An Indian teleradiology company asked a Georgia federal court not to vacate an arbitral award that rejected a radiology provider's $2 million fraud claim against it, arguing that the arbitrator properly interpreted their longstanding vendor–vendee contract.

  • September 10, 2025

    Sonos Seeks Exit In $3M Royalties Suit By SoundExchange

    Sonos says it shouldn't have to face a suit claiming it and Napster failed to pay more than $3.4 million in royalties, interest and other costs related to the operation of Sonos Radio, saying it never had the responsibility of having to pay any royalties.

  • September 10, 2025

    Fla. Judge Chides Attys Over Discovery In High-Rise Ch. 11

    A Florida federal judge on Wednesday chided attorneys over discovery deadlines in a Chapter 11 bankruptcy case involving a downtown Miami high-rise development, setting an October deadline to produce documents after requests weren't fulfilled on time. 

  • September 10, 2025

    Disney Says Forged Doc Aids $532K 'Moana' Sanctions Bid

    An attorney for Disney on Wednesday urged a California federal judge to issue $532,815 in sanctions against attorneys representing an animator who unsuccessfully alleged "Moana" lifted from his Polynesian adventure story, saying the lawyers knew or should have known a key document in the case is a forgery.

  • September 10, 2025

    FTC Warns Healthcare Employers About Noncompetes

    The Federal Trade Commission has sent letters warning healthcare employers and staffing companies not to include overly broad noncompete restrictions in their employment contracts and urged them to conduct a review to ensure they comply with the law.

  • September 10, 2025

    Liberty Says Subcontractor's Insurer Must Defend Injury Row

    A subcontractor's insurer must defend and indemnify companies insured by a Liberty Mutual unit on a primary basis in a worker's injury lawsuit, the unit argued to a New York federal court.

  • September 10, 2025

    OpenAI Can't Keep For-Profit Shift Docs From Musk

    A California federal magistrate judge has said that OpenAI must produce key planning documents in Elon Musk's lawsuit challenging its attempted shift into a for-profit business, rejecting arguments that the information is protected because it could influence future takeover bids by the billionaire or future investments by Microsoft.

  • September 10, 2025

    Vehicle Cosmetics Co. Sues Over AI-Voice Suit Threats

    A manufacturer of vehicle wax and wash products has sued a voice actor in Texas federal court, seeking a declaration that he doesn't have a claim for misappropriating his likeness, saying a rogue employee created an artificial intelligence-generated version of his voice and that no revenues were derived from it.

  • September 10, 2025

    Del. Justices Urged To Reverse Ad Co. Note Conversion Nix

    An investor group attorney told three Delaware Supreme Court justices Wednesday that the Court of Chancery wrongly found last year that advertising tech company Vistar Media Inc. had a right to involuntarily cash out millions worth of matured investor notes despite noteholder claims their agreement never allowed the move.

  • September 10, 2025

    Quarry Blasting Suit Dropped By NC Construction Supplier

    A construction company dropped its lawsuit against a blasting services and distribution business Wednesday in North Carolina federal court, after accusing it in June of botching an explosives operation at a Colorado quarry.

  • September 10, 2025

    Kirkland Adds Fintech Regulatory Partner From McDermott

    Kirkland & Ellis LLP has enhanced its fintech regulatory compliance capabilities in New York with the addition of an experienced corporate partner who joins the firm from McDermott Will & Schulte.

  • September 09, 2025

    4th Circ. Debates Whether 'Silence' In 340B Empowers States

    Two states told a Fourth Circuit panel on Tuesday that "silence" in the law governing the federal government's drug discount program permits state enforcers to step in and regulate the delivery of those drugs to their communities.

  • September 09, 2025

    5th Circ. Says ConocoPhillips Can Arbitrate FLSA Suit

    The Fifth Circuit on Tuesday ruled that a former ConocoPhillips safety consultant must arbitrate claims in his proposed collective action that accuses the oil and natural gas company of not paying overtime wages, saying in an unpublished opinion that the consultant entered into an agreement that incorporated an arbitration provision.

  • September 09, 2025

    Investor Tells Texas Justices UDF Claims Aren't Derivative

    The Texas Supreme Court on Tuesday pressed an alternative investment firm to explain how its suit against an adviser to a fund at the center of a $100 million, decadelong Ponzi scheme would not be classified as a derivative action, asking what distinct injury allows the firm to sue individually.

  • September 09, 2025

    Private Fund Adviser To Pay $9.7M To End SEC Suit

    The U.S. Securities and Exchange Commission announced on Tuesday that a real estate-focused Colorado private fund adviser and his two management firms would pay $9.7 million to settle claims of defrauding investors with misrepresentations, which include concealing conflicts of interests in proposed buyout transaction requests he sent to investors.

  • September 09, 2025

    Mich. Judge OKs Auto Mogul's $19M Bid To Reclaim Assets

    A Michigan federal judge on Tuesday allowed a Detroit-area auto parts manufacturer to buy assets in a sale held by his own trust as part of efforts to satisfy a years-old $775 million judgment against it, finding the businessman didn't interfere with the sale or flout a court sales procedure order.

  • September 09, 2025

    Nursing Exec Says $10.5M Fraud Penalty Excessive

    A nurse staffing executive convicted of wage-fixing told a Nevada federal court the U.S. Department of Justice's request for a $10.5 million forfeiture order for allegedly failing to disclose the antitrust investigation when selling his business is excessive.

  • September 09, 2025

    Fed. Circ. Revives Realtek's Fee Bid In Semiconductor IP Feud

    The Federal Circuit on Tuesday faulted U.S. District Judge Alan Albright for denying Realtek Semiconductor Corp.'s request for fees following the dismissal of a patent infringement suit against it, saying the semiconductor company is the prevailing party even if the accusing company willingly abandoned the case.

  • September 09, 2025

    Google Says Ad Tech MDL Market Should Stay Within US

    Google has urged a New York federal judge not to expand the scope of its advertising placement technology business as targeted by publishers and advertisers in multidistrict litigation, arguing the plaintiffs had their chance and cannot now latch onto the worldwide scope found in the Justice Department's successful case.

  • September 09, 2025

    Pa. Justices Seem Split On Uber's 'Clickwrap' Arbitration Link

    The Pennsylvania Supreme Court appeared unsure about whether arbitration agreements linked in apps like Uber adequately inform consumers that they're giving up the right to a jury trial by using services, with some justices commenting during oral arguments Tuesday that more explicit warnings couldn't hurt and others saying they could muddle the state's contract laws.

  • September 09, 2025

    Ski Mountain Owner Points To Google Remedies Decision

    A New York ski mountain owner is citing the recent remedies decision in the Google search antitrust case as it looks to avoid selling one of its properties after the court found it violated state law by purchasing and closing a neighboring mountain ski park.

  • September 09, 2025

    Nestlé Wins Singapore Court Battle Over Thai Coffee Dispute

    A court in Singapore refused on Tuesday to set aside an arbitral award favoring Swiss food and drink conglomerate Nestlé in a dispute with a Thai coffee magnate over a nixed deal by which his company served as the sole producer of Nescafé instant coffee in Thailand.

  • September 09, 2025

    Woman Says Co.'s Auto Insurer Owes $7.5M Crash Judgment

    A woman injured in a crash with a food service distributor's employee said the company's insurer must pay for a $7.5 million judgment entered in her favor, telling a Connecticut federal court Tuesday that the carrier failed to protect its insureds.

  • September 09, 2025

    Heartland To Pay $18M For Charges On School Lunch Cards

    Heartland Payment Systems LLC will pay $18.25 million to approximately 5.6 million parents and caretakers to resolve a class action alleging it levied unfair surcharges when they deposited lunch money onto school-sponsored reloadable cards used by their kids, according to a final settlement approval motion filed Monday in Florida federal court. 

  • September 09, 2025

    WNBA Warned Of Fed Antitrust Probe Over Conn. Sun Sale

    U.S. Sen. Richard Blumenthal is the latest Connecticut political figure to publicly fight to keep the WNBA's Sun franchise in the state, telling Commissioner Cathy Engelbert that the league's "interference" in the team's sale could be a federal antitrust violation.

Expert Analysis

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • Florida Case Could Redefine Construction Defect Damages

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    If a Florida appellate court overturns the trial court in a pending construction contract dispute, the state could experience a seismic shift in construction defect damages, effectively leaving homeowners and developers with an incomplete remedy, says Andrew Gold at Akerman.

  • Indemnity Lessons From Mass. Construction Defect Ruling

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    The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' statute of repose, should spur design and construction professionals to negotiate limited provisions, says Christopher Sweeney at Conn Kavanaugh.

  • When Reshoring, IP Issues Require A Strong Action Plan

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    With recent headlines highlighting tariffs as high as 3,521%, more firms will contemplate reshoring manufacturing to the U.S., and they will need to consider important intellectual property issues as part of this complex, expensive and lengthy undertaking, say attorneys at Norton Rose.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

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    Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • 4 Strategies For De-Escalating Hospitality Industry Disputes

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    As recent uncertainty in the travel business exacerbates the risk of conflict in the hospitality sector, industry in-house counsel and their outside partners should consider proactive strategies aimed at de-escalating disputes, including preserving the record, avoiding boilerplate clauses and considering arbitration, say Randa Adra at Crowell and Stephanie Jean-Jacques at Hyatt.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • 'A Deal Is A Deal': Tariffs No Excuse To Dodge Contract Terms

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    Tariff policy uncertainty is unlikely to be a basis for allowing a party to avoid contractual obligations, but businesses can still plan for future disputes related to pricing, operations and the supply chain, including with the addition of tariffs to any force majeure provision, say attorneys at Arnold Porter.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

  • 3 Mistakes To Avoid In Service Provider AI Terms

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    Every service provider contract doesn't need extensive artificial intelligence provisions, because when poorly drafted, they create impracticable obligations, miss important distinctions and may reflect wrong understanding of the law, says Chris Wlach at Huge Inc.

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