Commercial Contracts

  • April 02, 2025

    Fintech Execs Want $2M Award Confirmed For 'Nonperformer'

    A trio of financial technology executives asked a Connecticut state judge to confirm a $2 million arbitration award in favor of another executive they say they pushed out for being a "chronic nonperformer" who failed to negotiate the terms of his exit in good faith.

  • April 02, 2025

    Energy Co. 'Fleeced' Customers In Bait-And-Switch, Suit Says

    An Illinois alternative energy supplier was accused Tuesday in federal court of exploiting its customers with a bait-and-switch scheme involving "outrageously high" markups that "fleeced" thousands of customers out of tens of millions of dollars they'd otherwise save on gas and electricity.

  • April 02, 2025

    NY Judge Sanctions Attys For Adding Futile Claims

    Lawyers representing an education resources supplier that sued its business partner over allegations of price-fixing and bid-rigging within the New York City school system have been sanctioned for repeatedly attempting to add claims to unauthorized amended complaints in what a federal judge said violated rules against bad faith or futile motions.

  • April 02, 2025

    Atty Can't Duck Land Dispute Malpractice Suit, NJ Sisters Say

    New Jersey sisters who sued Fox Rothschild and a firm attorney over the handling of their late stepfather's estate have told a New Jersey state judge that their claims were timely filed and that issues of material fact that would preclude summary judgment still remain.

  • April 02, 2025

    Davis Wright Welcomes Longtime Jones Day Finance Atty

    Davis Wright Tremaine LLP announced Tuesday that it has hired a longtime Jones Day attorney focused on advising investment management industry participants, praising his decades of experience helping clients navigate U.S. federal securities laws.

  • April 02, 2025

    Colorado AG Cuts Deal To Unwind Exclusive Broker Contracts

    A brokerage company in Colorado state court agreed to release 171 homeowners from exclusive listing agreements that are illegal under a 2023 state law, in a deal with prosecutors approved Wednesday.

  • April 01, 2025

    Ex-Microsoft Manager Says He Was Fired For Whistleblowing

    A former project manager for Microsoft says he was fired after flagging compliance issues and misconduct, including being forced to leak sensitive data from client Freddie Mac's workforce platform and being asked to falsify a report to cover up fraud, according to a suit filed Monday in Texas federal court.

  • April 01, 2025

    Saudi Co. Wants 11th Circ. To Revive Oil Suit Against Siemens

    A Saudi Arabian company on Tuesday urged the Eleventh Circuit to reverse the dismissal of its business interference complaint against Siemens Energy Inc., arguing a lower Florida federal court should allow the lawsuit to proceed and resolve the alleged factual claims.

  • April 01, 2025

    NJ Justices Enforce Award Review Limits In Profit Payout Row

    The New Jersey Supreme Court reinstated an arbitrator's finding that an ousted real estate investment partner wasn't entitled to a $25 million profit payout, toppling a lower appellate panel's decision that the arbitrator had improperly decided an issue that wasn't before him. 

  • April 01, 2025

    5th Circ. Judge Questions IRS Denial Of Insurance Deductions

    A Fifth Circuit judge pushed back Tuesday on the Internal Revenue Service's rejection of expense deductions for two physician-led micro-captive insurance companies, saying that the businesses seemed to serve a legitimate purpose while acknowledging that doctors are "notoriously inept" businessmen.

  • April 01, 2025

    5th Circ. Questions $37M FTC Award Against Online Retailer

    A Fifth Circuit panel seemed wary to accept a drop-shipping company's claim that a $37 million award to the Federal Trade Commission was out of line, saying the company seemed to admit it lied about how fast it could deliver protective equipment like masks during the COVID-19 pandemic.

  • April 01, 2025

    Nordstrom Suit Over $6.7M Shirt Deal Restitched At 9th Circ.

    A Ninth Circuit panel on Tuesday restored a garment maker's lawsuit accusing retailer Nordstrom of using baseless human rights concerns as a pretense to yank a $6.7 million menswear order, saying a U.S. Customs press release about a forced labor investigation wasn't enough to warrant the alleged cancellation.

  • April 01, 2025

    Meta Can't Narrow Health Privacy Suit Scope, Consumers Say

    Two consumers who claim that Meta secretly collected their health information data through an "invisible tracker" on third-party websites told a California federal judge Tuesday that the social media giant is improperly trying to narrow their proposed class action to cover just one third-party health website.

  • April 01, 2025

    Conn. Banking Boss Orders Fintech Duo To Repay Investors

    Connecticut's banking regulator has ordered two dissolved Greenwich-based companies to reimburse dozens of investors $843,000 for making them believe their money was earmarked for an investment algorithm patent, when instead company founders blew some of the cash at salons and department stores and on plastic surgery.

  • April 01, 2025

    Broker Must Face Mortgage Co.'s Claims It Worked With Rivals

    A mortgage broker cannot escape a lawsuit from United Wholesale Mortgage alleging the broker breached a contract by sourcing loans to United's top competitors despite agreeing not to, a Michigan federal judge said Monday in finding the new terms and the way they were enacted were allowed under state law. 

  • April 01, 2025

    Progressive's $43M Deal Over Car Valuations Nears Final OK

    A certified class of more than 151,000 Progressive customers has asked a Georgia federal judge to grant final approval to a $43 million settlement resolving allegations the insurer's units systematically undervalued totaled cars by applying a "projected sold adjustment," and they have sought an attorney fee award of $14.3 million. 

  • April 01, 2025

    Jack Nicklaus Defeats Suit Over NIL Rights

    Golfing legend Jack Nicklaus won a ruling in New York state court dismissing claims by his former company over the use of his name, image and likeness.

  • April 01, 2025

    Fox News Contributor Says Simon & Schuster Stole Book Idea

    Fox News contributor and writer Gregg Jarrett is suing publisher Simon & Schuster LLC and his former literary agency Vigliano Associates Ltd., alleging they stole the idea for a book he was planning to write about legal cases against President Donald Trump and had another writer develop it.

  • April 01, 2025

    NC Judge Affirms $68M Arbitration Award For Volvo

    A North Carolina judge affirmed a $68 million arbitration award Tuesday in Volvo Group North America LLC's favor over a Mexican auto parts manufacturer it accused of supplying the company with defective input shafts, an award that Volvo's counsel said is possibly the largest in the Tar Heel State court history.

  • April 01, 2025

    9th Circ. Urged To Keep Capital Group 401(k) Suit In Court

    An employee retirement plan participant urged the Ninth Circuit to keep in court her proposed class action alleging 401(k) mismanagement by The Capital Group Cos., arguing a lower court correctly blocked an arbitration provision in the plan that waived statutory rights under federal benefits law.

  • April 01, 2025

    French Auto Co., Ford Supplier Settle $4.5M Sensor Suit

    A U.S. automotive supplier has resolved its lawsuit accusing a unit of a French automotive company of failing to cover costs incurred from warranty claims because it sold defective speed sensors that were later built into Ford vehicles, according to a Monday order closing the case.

  • April 01, 2025

    Ex-Manager Asks To Toss Remainder Of Singer's Contract Suit

    The former manager for the Season 18 "American Idol" contestant behind the 2022 hit "Fingers Crossed" is hoping to toss what remains of her New York federal lawsuit against him, accusing the artist of trying to stop him from collecting his firm's entitlements under their agreement.

  • April 01, 2025

    Yale Student Accused Of AI Cheating Can't Sue Anonymously

    A Yale University student who was suspended for allegedly using artificial intelligence to cheat on a final exam can no longer shield his identity while he sues the school and officials for damages and a reversal of his discipline, a Connecticut federal judge has ruled.

  • March 31, 2025

    Insurer Beats Energy Cos.' Settlement Coverage Suit, For Now

    A Texas federal court tossed a lawsuit from a group of energy companies accusing Berkley National Insurance Co. of favoring the settlement of one underlying wrongful death lawsuit over another unrelated injury lawsuit, finding the companies' complaint fails to allege they've incurred damages exceeding their policy limits.

  • March 31, 2025

    Caterpillar Escapes $100M Contract Breach Verdict

    A Delaware federal court on Monday vacated $100 million in damages awarded to a defunct equipment importer that accused Caterpillar of interfering with a contract, and also refused to order a new trial for antitrust claims against the manufacturer.

Expert Analysis

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Bristol-Myers Win Offers Lessons For Debt Security Holders

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    A New York federal judge's recent dismissal of a $6.4 billion lawsuit against Bristol-Myers Squibb, due to plaintiff UMB Bank's lack of standing, serves as an important reminder to debt security holders to obtain depositary proxies before pursuing litigation, say attorneys at Milbank.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • How To Avoid Risking Arbitration Award Confidentiality In NY

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    Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

  • Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'

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    A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Int'l Agreements Are Key For Safe Nuclear Waste Disposal

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    By replacing fossil fuels, nuclear energy has the potential to offer a major contribution to the global fight against climate change — but ensuring that nuclear power is safe and sustainable will require binding, multinational agreements for safe nuclear waste disposal, say Ryan Schermerhorn and Christopher Zahn at Marshall Gerstein.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

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