Commercial Contracts

  • July 08, 2025

    5th Circ. Wary To Let Surety Stick Chevron With $11M Bill

    A Fifth Circuit panel seemed skeptical of a surety company's argument that BP and Chevron need to pony up $11 million to pay for decommissioning costs, asking Tuesday what to do with contractual language that seemingly absolved them of having to pay that bill.

  • July 08, 2025

    11th Circ. Rejects Fla. Jurisdiction In $17M Cheese Fraud Case

    The Eleventh Circuit declined Tuesday to revive a lawsuit accusing Savencia Cheese USA LLC and its executives of fraudulently selling two Florida companies a worthless cheese distribution company for $17 million, finding that the presence of deal counsel in Miami is not enough to keep the suit in Florida federal court.

  • July 08, 2025

    Wells Fargo Seeks Dismissal Of COVID-19 Mortgage Suit

    Wells Fargo said a North Carolina woman's claims that the bank forced the short sale of her home by denying her forbearance on her mortgage as mandated under federal law at the onset of the COVID-19 pandemic should be dismissed for several reasons, including that the short sale never actually occurred.

  • July 08, 2025

    4th Circ. Revives Medical Device Co.'s Claim In Contract Suit

    The Fourth Circuit on Tuesday revived a medical device maker's breach of contract claim alleging a company it hired to manage its patents globally overcharged for services, sending the case back to a Virginia federal court.

  • July 08, 2025

    Insurer Fights Coverage For $13M Townhome Arbitration Row

    An insurer told a Washington federal court it has no duty to defend or indemnify a developer facing a nearly $13 million arbitration demand from a construction lender, which claims the developer misrepresented the completion of underground facilities at a Seattle townhome project while requesting funds for the work.

  • July 08, 2025

    Metal Trader Eyes Jurisdiction Fight In $3.7M Int'l Trade Feud

    A Taiwanese company that says a Connecticut metals trading firm owing it $3.7 million for magnesium shipments has signaled its intent to press a claim under the United Nations Convention on Contracts for the International Sale of Goods in Connecticut federal court, despite a subject matter jurisdiction challenge.

  • July 08, 2025

    'Practice Better Judgment,' Judge Tells Comscore Foe

    A California federal judge "strongly" admonished a film distribution and data company for filing an amended monopolization complaint against Comscore on the Fourth of July, while also concluding that the filing mooted, for now, a bid to force the box office giant to continue sharing data.

  • July 08, 2025

    Tenet Sues Blue Cross Over $21M In Unpaid Medical Claims

    Tenet Healthcare providers have sued Blue Cross and Blue Shield of Florida Inc., claiming the insurer failed to pay more than $21 million in claims for a slew of necessary medical services provided by Tenet hospitals and outpatient facilities.

  • July 08, 2025

    Wash. Law Firm Settles Investors' Suit Over $1M Escrow Loss

    A Washington-based law firm has settled a lawsuit in which investors accuse it of losing $1 million in escrow funds intended as a security deposit on a medical supplies purchase, the parties have informed a federal judge just weeks before the scheduled trial date.

  • July 08, 2025

    Amazon Wants To Challenge Class Cert. Bid On The Stand

    Amazon has asked a Washington state federal judge to let it interrogate the expert witness backing a bid for class action status covering tens of millions of consumers, arguing that an evidentiary hearing, with cross-examination, is needed in the antitrust litigation accusing it of keeping online retail prices artificially high.

  • July 07, 2025

    6th Circ. Affirms Toss Of 'Que Sera, Sera' Writer's Family Spat

    The Sixth Circuit Monday refused to revive a royalties spat between the granddaughter and daughter of Jay Livingston, the late Oscar-winning co-songwriter of "Que Sera, Sera," saying in a published opinion that the granddaughter failed to plausibly allege that her mom's bids to terminate copyright grants were invalid.

  • July 07, 2025

    FTC Wants More Time To Present Case Against Amazon Prime

    The Federal Trade Commission asked a Washington federal judge for 10 days to put on its case-in-chief against Amazon over alleged deceptive practices that trick customers into automatically renewing Prime subscriptions, arguing the evidence at the upcoming trial would be "voluminous and complex," and lengthening the trial won't prejudice Amazon.

  • July 07, 2025

    Aetna's Trade Law Claim Lacks Merit, Air Ambulance Cos. Say

    Six out-of-state air ambulance companies suing Aetna in Connecticut federal court claiming violations of the federal No Surprises Act say they shouldn't be forced to face the insurer's Connecticut Unfair Trade Practices Act counterclaim because their billing practices were for a time allowed by federal law.

  • July 07, 2025

    11th Circ. Backs UBS' $6.5M Arbitration Win

    The Eleventh Circuit has rejected a Puerto Rican man's bid to vacate a roughly $6.5 million arbitration award given to UBS Financial Services Inc. that stems from a long-running account contract dispute, finding there was no misconduct in the proceedings.

  • July 07, 2025

    4th Circ. Revives SC Builder's Bid For Condo Repair Coverage

    A Charleston builder will get a second chance at recouping the money it spent repairing a condo complex that flooded after the Fourth Circuit on Monday partially vacated a pretrial win favoring its insurer, finding there are still unanswered questions about whether certain costs might be covered under its policy.

  • July 07, 2025

    Fanatics Told To Give Panini Licensing Docs In Antitrust Case

    A New York federal court said Monday that Fanatics Inc. must turn over unredacted versions of its licensing deals with major sports leagues and player associations that are at the heart of Panini America Inc.'s case accusing Fanatics of monopolizing the sports trading card market.

  • July 07, 2025

    Texas Appeals Court Finds $50M Dubai Judgment Was Unfair

    A Texas appeals court has found that a $50 million judgment issued by a United Arab Emirates court system against executives who allegedly fled the country after committing fraud could not stand under state law, saying the UAE court system never provided the executives adequate notice.

  • July 07, 2025

    Newark Property Buyer Wins Appeal Over Axed $32.8M Sale

    A New Jersey appellate panel on Monday upheld a trial court's ruling that a real estate investment firm properly terminated its $32.8 million purchase agreement for a mixed-use building in Newark after receiving a noncompliant estoppel certificate from one of the tenants, rejecting the seller's argument that the certificate's deficiencies were immaterial.

  • July 07, 2025

    Ex-Essential Oil Co. Manager Gets 6 Years For Fraud

    A former manager of an essential oils company was sentenced to nearly six years in federal prison Monday for his role in an embezzlement scheme that stripped his employer of more than $29 million and awarded him millions in kickbacks he hid from the IRS, according to the U.S. Department of Justice.

  • July 07, 2025

    DC Court OKs $7.6M Award Against Niger In Airport Dispute

    A D.C. federal judge has enforced a 12-year-old arbitral award worth some $7.6 million against Niger in a fight brought by a Luxembourg subsidiary of British aviation services company Menzies following a soured deal to operate ground handling services at the African country's airports.

  • July 07, 2025

    Ex-Leerink Banker Can't Get Redo On Unpaid Bonuses Claim

    A Massachusetts federal judge declined on Monday to rethink partially tossing a former Leerink Partners employee's suit alleging she was cheated out of millions of dollars in bonuses, rejecting the worker's argument that new evidence should change the court's mind.

  • July 07, 2025

    Energy Co. Says $7.6M Award Result Of 'Classic' Contract Law

    An energy company that ended a contract with a Houston Ship Channel facility over a lack of dock space is asking an appeals court to back its $7.6 million award, writing that the lack of availability was a clear violation of its original agreement.

  • July 07, 2025

    George Clinton Faces Sanctions Bid In IP Suit

    Music executive Armen Boladian has asked a Florida federal court to sanction funk legend George Clinton, saying he was raising issues already adjudicated in their decades-long series of legal disputes.

  • July 07, 2025

    ESPN, NFL Skewer Jets Legend's Suit Over Doc Portrayal

    ESPN and NFL Films are looking to escape a lawsuit that Mark Gastineau, a former New York Jets defensive end, brought against them over their portrayal of him in a "30 for 30" documentary, telling a New York federal court the onetime defensive player of the year granted the companies full access to his image and likeness and surrendered any right to approve its use.

  • July 07, 2025

    Catching Up With Delaware's Chancery Court

    In Delaware in the past week, a vice chancellor awarded just $1 in damages to a China-tied company looking to secure a $50 million stake in SpaceX while also slamming the fund's manager for acting "insincerely," Tyson Foods won $55 million in damages in a suit claiming the owner of two poultry rendering plants Tyson acquired hid that it relied on a "disfavored" practice of recovering "unappetizing remnants of butchered chickens," and a suit over a one-site bank's 11-aircraft fleet was moved into the discovery phase.

Expert Analysis

  • The Central Issues Facing Fed. Circ. In Patent Damages Case

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    The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • The Revival Of Badie Arbitration Suits In Consumer Finance

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    Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • Lessons Learned From SAS' Flight Through Chapter 11

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    Scandinavia's SAS is the first European airline to find its wings through the U.S. Chapter 11 process since COVID-19 rocked the aviation industry — and while the process involved some familiar steps, certain complex jurisdictional issues and non-U.S. stakeholders required the carrier to venture into uncharted airspace, says Emily Hong at Norton Rose.

  • Bankruptcy Ruling Provides Guidance On 363 Asset Sales

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    HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.

  • Anticipating Calif. Oversight Of PE Participation In Healthcare

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    A new bill recently introduced in the California Senate revives last year's attempt to increase oversight of healthcare transactions involving private equity groups and hedge funds, meaning that attorneys may soon need to assess the compliance status of existing management relationships and consider modifying contract terms, says Andrew Demetriou at Husch Blackwell.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

    Excerpt from Practical Guidance
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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • If Elphaba Had Signed A Restrictive Covenant In 'Wicked'

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    Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

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