Commercial Contracts

  • August 12, 2025

    Title Co. Hits Atty With Malpractice Suit Over $2.5M Refi

    Fidelity National Title Insurance Co. on Monday filed suit in state court against a Connecticut attorney, alleging his oversight when issuing a loan policy of title insurance for a $2.5 million refinancing cost Fidelity $920,000.

  • August 12, 2025

    Texas Says Eli Lilly Offered Nursing Services As Kickbacks

    Texas sued Eli Lilly & Co. Inc. on Monday in state court, accusing the drugmaker of offering kickbacks in the form of administrative services to healthcare providers via illegal marketing and quid pro quo arrangements to push its most popular drugs.

  • August 12, 2025

    Delta, Aeromexico Defend Partnership From Antitrust Scrutiny

    Delta and Aeromexico are pushing back against the federal government's move to strip their joint venture of its antitrust immunity, saying the move would only punish Delta and American consumers, not the Mexican government for restricting access to Mexico City International Airport.

  • 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.

Expert Analysis

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • Navigating Potential Sources Of Tariff-Related Contract Risk

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    As the tariff landscape continues to shift, companies must anticipate potential friction points arising out of certain common contractual provisions, prepare to defend against breach claims, and respond to changing circumstances in contractual and treaty-based relationships, say attorneys at Debevoise.

  • 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.

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