Commercial Contracts

  • September 15, 2025

    Catching Up With Delaware's Chancery Court

    Delaware's governor weighed in on a challenge to recently approved state legislation that bars damages or "equitable" relief for some controlling stockholder or going-private deals. Meanwhile, Moelis told the Delaware Supreme Court that the struck-down stockholder agreement that triggered that legislation was valid. Additionally, one of two newly funded magistrates' posts in the Chancery Court has been filled.

  • September 15, 2025

    US, China Agree On TikTok Ownership Transfer, Bessent Says

    The U.S. and China established a commercial framework for a deal with video sharing giant TikTok to transfer ownership of the app to the U.S., just days before a deadline to sell the app or shut it down, U.S. Treasury Secretary Scott Bessent told reporters at a press conference in Madrid on Monday.

  • September 15, 2025

    Stradley Ronon Aims To Toss Keesal Young's Poaching Suit

    Stradley Ronon Stevens & Young LLP has moved to nix a suit by California firm Keesal Young & Logan, saying its recruitment of 10 former Keesal Young attorneys was entirely above board and that the noncompete clauses in Keesal Young's partnership agreement were not allowed under California law.

  • September 15, 2025

    Insurance Agency Says It's Not Liable For Lack Of Coverage

    An insurance agency told a Pennsylvania state court that it can't be held liable for a furniture company's roughly $534,000 cyber loss, arguing that under state law, there is "no common law duty to advise, inform, or recommend optional coverage to the insured."

  • September 15, 2025

    Ex-NFL Player Nabs Default Against Firms Tied To Adviser

    Retired NFL defensive lineman Mike Rucker and his wife won default judgment against several companies tied to their former financial adviser who is accused of mismanaging their money, after a state Business Court judge said the entities failed to respond to the Ruckers' suit alleging they enabled the adviser's fraud.

  • September 15, 2025

    Telecom Co. Can't Toss Liberty's Marshall Fire Coverage Suit

    A Liberty Mutual unit may proceed with its suit seeking to avoid coverage for a Lumen Technologies subsidiary in underlying actions over the 2021 Marshall Fire, a Colorado federal court ruled, finding that the insurer alleged an injury sufficient to establish Article III standing.

  • September 12, 2025

    F1 Team Fights Ex-Sponsor's Third $34M Fraud Suit In Fla.

    A British Formula One racing team is fighting back against a former supporter's third complaint alleging fraudulent inducement into sponsorship agreements, telling a Florida federal court the lawsuit is trying to evade a $34 million arbitration award. 

  • September 12, 2025

    Cannabis Brokers Sue Over $250K In Unpaid Commissions

    Two brokerage companies claim they were never paid his commission for helping guide two deals worth roughly $1.7 million involving the purchase of Los Angeles cannabis permits, according to a California state lawsuit seeking compensation from the cannabis entrepreneurs and their companies.

  • September 12, 2025

    DOJ Says It Rejected Info-Sharing In Wayne-Sanderson Talks

    The U.S. Department of Justice sought to show a Maryland federal judge a key document from its settlement talks with Wayne-Sanderson Farms, arguing it underscores that the poultry producer wanted to keep sharing wage information, only for the company to be told no.

  • September 12, 2025

    9th Circ. Orders Feds To Restore Refugee Agency Agreements

    The Ninth Circuit ordered the federal government to reinstate cooperative agreements with refugee resettlement agencies on Friday, saying President Donald Trump likely acted lawfully when suspending U.S. refugee admissions in January, but his administration must still provide legally mandated services to those who have already arrived.

  • September 12, 2025

    Taylor Swift Will Only Sit For 'It Ends With Us' Depo If 'Forced'

    Taylor Swift's counsel at Venable LLP told a Manhattan federal judge Friday that the pop superstar has not agreed to be deposed in actress Blake Lively's defamation case against her "It Ends With Us" co-star Justin Baldoni, but could do so the week of Oct. 20 "if she is forced."

  • September 12, 2025

    9th Circ. Won't Rethink Rejection Of Vegas Newspaper Pact

    The Ninth Circuit refused to reconsider a panel's decision finding that a long-standing arrangement between the Las Vegas Sun and the Las Vegas Review-Journal is unlawful because the rival newspapers needed approval from the U.S. attorney general.

  • September 12, 2025

    Del. Judge Says Pet Med Co. Founder Liable For $40.2M

    A Delaware Superior Court judge has ruled the founder of a veterinary orthopedic implant venture must indemnify the company's recent buyer for $40.2 million from a $70 million patent infringement-related settlement, while capping the cumulative liability award after other costs at $55 million and awaiting proposals covering interest awards.

  • September 12, 2025

    Woman Gets Another Shot At LA Fitness Treadmill Suit

    A California appeals court has revived a woman's suit alleging that she was injured by a faulty treadmill at an LA Fitness gym, saying there is a triable issue of fact regarding whether she electronically signed an injury waiver.

  • September 12, 2025

    Off The Bench: NCAA Athlete Ban, WNBA Sun Controversy

    In this week's Off The Bench, the NCAA administered permanent bans to three basketball players, and two high-profile politicians warned the WNBA that it could be at risk of violating antitrust laws if it interferes in the sale of the Connecticut Sun.

  • September 12, 2025

    Texas Jury Finds AT&T Didn't Infringe Telecom Patent

    A Texas federal jury has found that Irish company Daingean Technologies Ltd. hadn't proven that AT&T infringed a telecommunications patent when it launched its 5G phone service networks.

  • September 12, 2025

    Insurer Doubles Down On Bid To Undo $1.1M Roof Verdict

    A North Carolina federal court adopted the wrong causation standard in its instructions to a jury that awarded a church $1.1 million over its roof damage claim under what is known as an all-risk property policy, the church's insurer told the Fourth Circuit, urging the appeals court to set aside the verdict.

  • September 12, 2025

    Hagens Berman Doubles Down On AI-Tainted Brief Correction

    Hagens Berman Sobol Shapiro LLP said that the firm has an ethical duty to correct briefs tainted by artificial intelligence errors and that the corrected versions shouldn't be stricken from a proposed class action against online platform OnlyFans' parent company.

  • September 12, 2025

    Taxation With Representation: Felesky Flynn, Gibson, Kirkland

    In this week's Taxation With Representation, copper mining companies Anglo American and Teck Resources plan to merge, EchoStar agrees to sell spectrum licenses to SpaceX, and Diversified Energy acquires fellow energy operator Canvas.

  • September 12, 2025

    Quinn Emanuel's $30M Fee Bid Flouts Ch. 11, Co. Says

    Israeli printed circuit maker Nano Dimension has told a Massachusetts federal judge that Quinn Emanuel Urquhart & Sullivan LLP can't claim a $30 million attorney's lien to make an "end run" around the bankruptcy of 3D printing company Desktop Metal, a former client that Nano acquired.

  • September 12, 2025

    Title Group Says FinCEN Erred In Rule On All-Cash Resi Deals

    The American Land Title Association told a Florida federal judge that the U.S. Department of the Treasury's Financial Crimes Enforcement Network underestimated the costs and overestimated the benefits of a rule imposing new reporting requirements on all-cash residential real estate transactions.

  • September 11, 2025

    6th Circ. Says Papa John's Founder's Ex-PR Can't Arbitrate

    The Sixth Circuit ruled Wednesday that a marketing agency Papa John's founder and former CEO accused of leaking comments that led to his resignation from the pizza company's board cannot ship his lawsuit to arbitration, saying in a published opinion that the agency had defaulted on its arbitration rights.

  • September 11, 2025

    Girardi's Atty, Judge Debate If His Conviction Is 'Debatable'

    A California federal judge pushed back Thursday on arguments by Tom Girardi's lawyer that he should be free on bond while he appeals his wire fraud conviction, saying that debating the case doesn't automatically mean it raises "fairly debatable" questions sufficient to meet the Ninth Circuit's standard for remaining free on appeal.

  • September 11, 2025

    Doctor Says Brother's Ex-Firm Reneged On Pro Bono Promise

    A doctor has accused Whiteford Taylor & Preston LLP of backing out of its promise to represent her free of charge in litigation by her former employer, the University of Oklahoma College of Medicine, over her efforts to publish testimonials from patients regarding gender transition care.

  • September 11, 2025

    Insurers Claim 'Collusion' In Ga. School's $345M Abuse Deal

    Five insurance companies urged the Georgia Court of Appeals Thursday to let them off the hook for a $345 million settlement between a private school and nearly two dozen men who said they were sexually abused as students, alleging the deal was "tainted by collusion" and well outside the bounds of their respective policies.

Expert Analysis

  • How Trump's Space Order May Ease Industry's Growth

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    President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.

  • Liability Lessons From Luxury Cruise Thwarted By Sanctions

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    An ongoing legal dispute over a canceled luxury cruise to the North Pole reminds attorneys that liability can surface even before a ship leaves the dock — and that U.S. sanctions law increasingly lurks in the background of global travel contracts, says Peter Walsh at The Cruise Injury Law Firm.

  • Agentic AI Puts A New Twist On Attorney Ethics Obligations

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    As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

  • How GILTI Reform Affects M&A Golden Parachute Planning

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    Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.

  • Series

    Law School's Missed Lessons: Adapting To The Age Of AI

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    Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.

  • Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning

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    A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.

  • Demystifying The Civil Procedure Rules Amendment Process

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    Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.

  • How The 5th, DC Circuits Agreed On FCC Forfeiture Orders

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    The Fifth and D.C. Circuits split this year on the Federal Communications Commission's process for adjudicating enforcement actions, but both implicitly recognized the problem with penalizing a party based on a forfeiture order that has not yet been challenged in any way in court, says Jared Marx at HWG.

  • With Obligor Ruling, Ohio Justices Calm Lending Waters

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    A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

  • The Crucial Question Left Unanswered In EpicentRx Decision

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    The California Supreme Court recently issued its long-awaited decision in EpicentRx Inc. v. Superior Court, resolving a dispute regarding the enforceability of forum selection clauses, but the question remains whether private companies can trust that courts will continue to consistently enforce forum selection clauses in corporate charters, says John Yow at Yow PC.

  • Why EpicentRx Ruling Is A Major Win For Business Certainty

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    The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

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