Commercial Contracts

  • August 22, 2025

    Valve Says Users Can't Arbitrate After It Axed Gamer Clause

    Valve is urging a Washington federal judge to block around 600 users of its video game platform from pursuing arbitration of consumer protection claims, saying the company nixed an arbitration clause from its subscriber agreement after a plaintiffs' attorney abused the previous terms.  

  • August 22, 2025

    Bank Must Produce Records On Prepaid Debit Card Program

    Former inmates accusing Central Bank of Kansas City of charging excessive fees on prepaid debit cards will be allowed to access certain records maintained by the financial service contractors the bank used to administer the cards, a Washington federal magistrate judge determined.

  • August 22, 2025

    NYC Mall Lenders, Developer Ax Foreign Investor Suit

    A New York federal judge dismissed foreign investors' suit over the loss of their investment in a New York City mall project, finding they failed to prove their investments were lost because parties allowed their funds to be subordinated to later financing provided by a Goldman Sachs affiliate.

  • August 22, 2025

    BNSF Sued In Del. Over 19 Locomotive Purchase Terms

    The Georgia-based owner of 19 locomotives leased to the nation's largest freight railroad in 2005 has sued in Delaware for their return, after Texas-headquartered BNSF Railway initiated a purportedly too-late, unilateral plan to hold and buy the equipment after a contested arbitration.

  • August 22, 2025

    NJ Judge Halts Ex-CEO's Sentencing After Habba Ruling

    Citing a federal court ruling that the Garden State's U.S. attorney is serving unlawfully, a New Jersey federal judge issued an order Friday postponing indefinitely the sentencing of the ex-chief executive of SCWorx Corp., who had promoted a $670 million COVID-19 test kit deal that later fell apart.

  • August 22, 2025

    DLA Piper Boosts VC Practice With Goodwin Atty In NY

    DLA Piper has added a longtime Goodwin Procter LLP partner to its emerging growth and venture capital practice in New York, the firm announced.

  • August 22, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen football manager Bruno Lage sue the owner of Olympique Lyonnais and Botafogo football clubs, luxury fashion brand Christian Dior Couture target a jewelry business trading under the same name, and a Russian motorsports promoter take action against Formula One after it canceled its Russian Grand Prix in 2022.

  • August 22, 2025

    Real Estate AI Co. Can't Dodge $100M Share Deal Breach Suit

    A New York federal judge has mostly denied reAlpha Tech Corp.'s bid to toss a Luxembourg-based investment firm's suit seeking to enforce a $100 million share purchase agreement, rejecting reAlpha's arguments seeking to toss the suit's breach of contract and damages claims but dismissing the plaintiff's declaratory judgment claim.

  • August 21, 2025

    Cannabis Cos. Face $2.9M IT Judgment After Unable To Pay Attys

    Subsidiaries of Canadian cannabis company Halo Collective Inc. were hit with a nearly $2.9 million judgment over claims that they infringed on a Colorado-based firm's patents, losing the litigation after their attorneys withdrew because they could "no longer pay."

  • August 21, 2025

    Google Got App Data Profits After Pledging Privacy, Jury Told

    A computer scientist testifying in a multibillion-dollar privacy lawsuit alleging Google LLC illegally collected data from 98 million cellphone users who had opted out of tracking told a California federal jury Thursday that the tech giant stores information about their app use in a "shadow account" and uses it to sell ads.

  • August 21, 2025

    Aerospace Co. Must Face Ex-Exec's Claim Of Wrongful Firing

    A New Jersey federal judge cut defamation claims brought against an aerospace hardware company by its former president on Thursday, but allowed his wrongful-termination claims to proceed, finding that he sufficiently pled a causal connection between his protected whistleblowing activities and his firing. 

  • August 21, 2025

    Family Urges 5th Circ. To Hold Penske Liable For Fatal Crash

    The family of a man killed in a 2018 collision has told the Fifth Circuit that freight broker Penske cannot claim ignorance to escape liability for negligently hiring the unsafe motor carrier and driver who caused the Texas accident.

  • August 21, 2025

    Ex-Northwestern Coach Settles Firing Suit Over Hazing Probe

    Northwestern University's former football coach Pat Fitzgerald has settled his contract breach and defamation suit alleging he was fired without cause amid an investigation into hazing claims, with the school announcing Thursday that evidence revealed during discovery showed Fitzgerald never condoned or directed any hazing, and no player reported hazing to Fitzgerald. 

  • August 21, 2025

    OnlyFans Flags Bogus Citations In RICO Fraud Suit

    Attorneys for a proposed class of OnlyFans subscribers alleging racketeering by the company notified a California federal judge Thursday that they would be seeking permission to fix earlier filings found to have errors created by artificial intelligence, days after the web platform's parent company notified the court of the citation errors.

  • August 21, 2025

    NC Judge Warns Sabotage Trial Might Be A 'Slugfest'

    A North Carolina Business Court judge hinted Thursday that he might let a jury decide whether an ordinary person could deduce the identities of a couple who claim they were defamed online by their former friends, but he also urged the feuding families to consider what it might ultimately cost to take their case to trial.

  • August 21, 2025

    Receiver In Nate Paul Dispute Not Entitled To $2.8M In Fees

    A state appeals court said Thursday that a receiver in a dispute involving companies owned by real estate investor Nate Paul can't recover $2.8 million in fees because the sum the fees stem from never came into his possession.

  • August 21, 2025

    Guards Say DHS Contractor Can't Escape Wage Suit

    Employees of a contractor providing security at a U.S. Department of Homeland Security campus told a D.C. federal judge the company can't use a union agreement to escape allegations it's violating the district's wage and overtime laws.

  • August 21, 2025

    Foundry Exec Says Hong Kong Partner Took $1.3M By Fraud

    A Pennsylvania consultant and foundry executive claims he was fooled into sending his Hong Kong business partner $1.3 million from the sale of a machine shop, then pushed out of their joint venture without being repaid, according to a lawsuit filed in state court Wednesday.

  • August 21, 2025

    Seton Hall Gets COVID-19 Death Suit Tossed For Good

    A New Jersey federal judge wasn't swayed by new arguments brought by parents of a Seton Hall University sophomore who died during a COVID-19 isolation period, saying their contract-related claims failed to establish one existed at all.

  • August 21, 2025

    NY Appeals Court Throws Out Trump's $500M Fraud Penalty

    A divided New York state appeals court panel on Thursday tossed a nearly $500 million civil fraud penalty against President Donald Trump and his sons, companies and their executives, ruling that the fine was "excessive," but kept in place a judge's finding of liability.

  • August 20, 2025

    Ohio Justices Free Bank From $77M Guaranty Disclosure Duty

    The Ohio Supreme Court on Wednesday ruled that nothing in state law required Huntington Bank to inform a co-signer of a $77 million loan guaranty about the risks associated with signing the deal with two other partners, one of whom later pled guilty to a check-kiting scheme.

  • August 20, 2025

    Masimo's 'Empty Voting' Suit Against Founder Gets Green Light

    A California federal judge has rejected a bid to dismiss Masimo Corp.'s suit alleging the medical technology company's founder and an investment firm manipulated a shareholder vote through an "empty voting" scheme, finding there is enough evidence at this point to show the pair formed an undisclosed insider group under federal securities laws.

  • August 20, 2025

    Judge Keeps Yale-Prospect Medical Sale Feud In Ch. 11 Court

    A Texas bankruptcy judge on Wednesday paused Yale New Haven Health Services Corp.'s request to reopen a $435 million Connecticut feud over a deal to purchase three hospitals from debtor Prospect Medical Holdings Inc., saying she first wants to hear Prospect's plan to repair the troubled contract.

  • August 20, 2025

    Texas Judge Keeps Intact Suit Alleging Anadarko Busted Well

    A Texas federal judge kept intact a suit brought by W&T Energy VI LLC claiming Anadarko Petroleum Corp. improperly operated equipment on an offshore oil and gas well and then lied about the damages, saying Wednesday that W&T adequately alleged its claims.

  • August 20, 2025

    Texas AG Says Chase Can't Recoup Failed $10M Project

    The Texas Office of the Attorney General on Wednesday asked the state's highest court to reject JPMorgan Chase Bank NA's attempt to get a city to continue to make payments on a botched $10 million project, saying such payments would run afoul of the Texas Constitution.

Expert Analysis

  • Mitigating Import Risks Around Southeast Asian Solar Cells

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    The U.S. Department of Commerce's recent final determinations in its antidumping and countervailing duty investigations into solar cells produced in certain Southeast Asian countries make it important for U.S. purchasers to consider risk mitigation strategies, including modifying supply chains and contractually assigning import responsibilities, say attorneys at Morgan Lewis.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Tracking The Evolution Of Liability Management Exercises

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    As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • Negotiating Triparty Hotel Agreements To Withstand Risk

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    Brewing economic uncertainty in the hospitality industry underscores the importance of subordination, nondisturbance and attornment agreements, and hotel managers should tightly negotiate these agreements to ensure remedies will not disturb key rights, say attorneys at Sidley.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • Independent Contractor Rule Up In The Air Under New DOL

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    In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.

  • Key Questions When Mediating Environmental Disputes

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    As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

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