Commercial Contracts

  • July 10, 2025

    Original BBQ Joint Lays Claim To TM In Fight With Franchise

    The original location in a North Carolina chain of barbecue restaurants has shot back at a trademark infringement suit brought by the company that runs its sister restaurants, arguing it never lost ownership of the marks after the two entities split ways two decades ago.

  • July 10, 2025

    Conn. Couple Must Provide Harbor Access, Judge Says

    A Connecticut state court judge has sided with a married Bridgeport couple who sued another married couple over a now-completed home construction project that allegedly blocked the plaintiffs from accessing a local harbor.

  • July 10, 2025

    11th Circ. Tosses Satellite Co.'s $829K Finder's Fee Suit

    The Eleventh Circuit said Wednesday that a $829,000 award in favor of a satellite technology company should be tossed, writing that a Florida federal court didn't have jurisdiction over the case.

  • July 10, 2025

    Bettors Fight To Keep Suit Over DraftKings Promos Afloat

    DraftKings customers alleging the online betting giant's advertisements fuel gambling addiction are pushing to keep their proposed class action against the company alive, throwing water on its effort to escape the lawsuit by leaning on its extensive disclaimers and fine print.

  • July 09, 2025

    Uber Gets Some Driver Sex Assault Bellwether Claims Tossed

    The California federal judge overseeing multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers has partially granted the ride-share company's bid to dismiss 20 bellwether cases.

  • July 09, 2025

    OpenAI Must Give Musk Info On Altman Firing In Fraud Suit

    A California federal magistrate judge overseeing discovery in Elon Musk's lawsuit challenging OpenAI's plans to change its corporate structure ordered the artificial intelligence company to hand over documents related to CEO Sam Altman's brief firing by OpenAI's board, agreeing the information is "relevant" to Musk's charitable trust and fraud claims.

  • July 09, 2025

    Albireo Energy Faces Suit Over Mold In Colo. School

    A Colorado school district hit Albireo Energy with a negligence suit in state court Wednesday that blames the building controls company for nearly $1 million in damage to a middle school from a botched ventilation system upgrade.

  • July 09, 2025

    Florida Court Nixes $5.8M Ruling, Says Loans Not Securities

    Florida's Third District Court of Appeal on Wednesday reversed and remanded a roughly $5.8 million judgment in a dispute regarding loan participation agreements between a commercial lender and an investment firm, saying the agreements weren't securities and were instead "routine commercial transactions."

  • July 09, 2025

    Boeing Wants 787 Contract Claims Split From 737 Fraud Suit

    Breach of contract claims related to a 787 Dreamliner sale should be severed from litigation brought by Norwegian Air subsidiaries that also accuses the company of fraudulently misrepresenting its 737 Max aircraft, Boeing told a Washington federal judge.

  • July 09, 2025

    Amazon Customer Grilled On Whole Foods Ad Suit At 9th Circ.

    A Ninth Circuit panel appeared critical on Wednesday of a consumer's claim that Amazon duped Prime members by pulling its free Whole Foods grocery delivery perk, as the judges pointed to subscriber terms allowing the e-commerce giant to change the benefits package.

  • July 09, 2025

    J&J Unit Owes $76.6M For Ending AI Tissue Imaging Deal

    A New York federal judge held Tuesday that Johnson & Johnson's Ethicon unit owes ChemImage Corp. $76.6 million after unilaterally ending their deal to develop in-surgery artificial intelligence imaging techniques, adopting a 17% discount rate on intellectual property impairment damages proposed by ChemImage as opposed to Ethicon's proposed 40% rate.

  • July 09, 2025

    Former Josh Wine Exec Sues Over Soured Buyout Deal

    The former president of the wine and spirits company that owns multibillion-dollar brand Josh Cellars has filed suit in New York state court, claiming the family-run enterprise has withheld millions in royalty payments that he was due after his employment contract expired, exposing "the dark underbelly of the adage that blood is thicker than water."

  • July 09, 2025

    Costco Says Insurer Owes Defense In Heavy Box Injury Suit

    A Hartford unit violated Washington state's Insurance Fair Conduct Act by unreasonably denying additional insured coverage for a man's lawsuit alleging he suffered severe injuries when moving a product at Costco, the retail giant alleged in a lawsuit recently removed to Washington federal court.

  • July 09, 2025

    NJ Panel Revives Doctor's Fight Against Noncompete Clause

    A New Jersey appellate panel revived on Wednesday a physician's lawsuit challenging the enforceability of a restrictive covenant in his employment contract, ruling that the lower court prematurely dismissed the case without resolving key factual disputes.

  • July 09, 2025

    Ballpark Builder Wants Engineer Forced To Ink Settlement

    The original builder of a hotly litigated Hartford minor league baseball stadium has asked a Connecticut state court judge to force an engineering consultant's compliance with a confidential settlement agreement it has allegedly failed to sign despite sitting at the table with a number of other entities and lodging no objection to the terms.

  • July 09, 2025

    7th Circ. Nixes Rail Sharing Order Power For Subpar Service

    Federal regulators can't give themselves power to order rail carriers to share shipments with their rivals unless the incumbent railroad's service is "inadequate," a Seventh Circuit panel said in striking a Surface Transportation Board rule designed to empower such mandates when service merely fails certain reliability metrics.

  • July 09, 2025

    T.I.'s Big Punitive Damages Win Cut To $1, Teeing Up 4th Trial

    A California federal judge has reduced a jury's $53.6 million punitive damages award for rapper T.I. and his wife, singer Tameka "Tiny" Harris, to a $1 remitter, setting up a fourth trial in the trademark infringement case if the Harrises don't accept the remitter, which they have already said they will decline.

  • July 09, 2025

    8th Circ. Finds 'Chicken Coop' Trade Secrets Fight Can't Fly

    The Eighth Circuit will not reinstate an Iowa restaurant operator's lawsuit seeking a declaration that it did not misappropriate the trade secrets of another restaurant of the same name in Nebraska, saying there is no federal question that federal courts can answer.

  • July 09, 2025

    Microsoft IT Supplier's Suit May Be Doomed, 9th Circ. Hints

    A Ninth Circuit panel picked apart a cybersecurity firm's appeal Wednesday in a case accusing Microsoft of misusing a proprietary database of login credentials recovered on the dark web, with one judge remarking that the conduct in question was "expressly permitted" by the parties' agreement.

  • July 09, 2025

    11th Circ. Rules Against Hotelier In Arbitration Battle

    The Eleventh Circuit on Tuesday affirmed a bankruptcy court's annulment of an automatic stay to allow enforcement of an arbitral award issued in a dispute over a failed $250 million hotel conglomerate, rejecting arguments that the order was barred under a 2020 U.S. Supreme Court decision.

  • July 09, 2025

    Quinn Emanuel Says 'Spite' Behind Unpaid $30M Legal Tab

    The new owners of a business that was forced by Quinn Emanuel Urquhart & Sullivan LLP attorneys to honor a merger agreement are refusing to pay a $30 million legal bill "out of spite," the firm has alleged in Massachusetts state court.

  • July 09, 2025

    Most Claims Tossed In $60M Mortgage Loan Sale Fraud Case

    Western Alliance Bank and others have escaped several claims in a $60 million suit accusing them of conducting a mortgage loan sale scheme to steal an investment management firm's property rights in the loans and their proceeds.

  • July 09, 2025

    NJ Justices Revive Bias Suit After Altice Evidence Falls Short

    The New Jersey Supreme Court on Wednesday revived an Altice USA customer's discrimination suit against the cellular provider, ruling that there is not enough evidence to show that it was a regular business practice of Altice to email customers an agreement containing an arbitration provision.

  • July 09, 2025

    4th Circ. Rejects Machinery Co.'s 3rd Try At Trade Secrets Suit

    The Fourth Circuit on Wednesday shot down a Taiwanese manufacturer's third attempt to pursue claims of trade secrets theft against its North Carolina distributor, rebuffing the idea that a manufacturer can hold distributors liable for misappropriation if they sell a rival's product.

  • July 09, 2025

    Telecom Consultant Seeks To Enforce Nonsolicitation Deals

    A Pittsburgh-based telecommunications consulting firm says three of its employees joined up with a competitor and violated their nonsolicitation agreements by taking certain customers and jobs with them, according to a lawsuit filed in Pennsylvania state court.

Expert Analysis

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • 5 Key Licensing Considerations For AI Innovations

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    As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • How The CRE Industry Is Adapting To Tariff Uncertainty

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    Amid uncertainty about pending tariffs and their potential ripple effects, including higher material costs, supply chain delays and tighter margins, commercial real estate industry players are focusing on strategic planning and risk mitigation, says Daniel Diaz Leyva at Day Pitney.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • How Attorneys Can Master The Art Of On-Camera Presence

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    As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • Perfecting Security Interests In Renewable Energy Tax Credits

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    The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

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