Commercial Contracts

  • December 17, 2025

    EFF Loses Fed. Circ. Appeal Over Patent Case Intervention

    The Federal Circuit on Wednesday tossed the Electronic Frontier Foundation's challenge to a Texas federal court's denial of its bid to intervene in a now-settled patent dispute between Entropic and Charter Communications, agreeing the digital rights nonprofit waited too long.

  • December 17, 2025

    Korean Food Chain Stole Family Spring Roll Recipe, Suit Says

    Korean food conglomerate CJ Group has been accused of stealing a family spring roll recipe that dates to the 1950s and marketing its versions as knockoff frozen spring roll products in a suit seeking $100 million in damages.

  • December 17, 2025

    Co-Owner Of Cannabis Dispensary Says Partner Stole Funds

    A co-owner of a cannabis retailer in North Carolina has accused his business partner of stealing from the business and blocking his access to the company's financial records in a newly designated state business court complaint.

  • December 17, 2025

    DOJ Weighs In On Apple Watch Antitrust Claims

    The Justice Department filed a statement of interest in the private smartphone monopolization case against Apple to urge the court to reject several arguments supporting the tech giant's bid to nix claims that it restricts the capabilities of competing smartwatches.

  • December 17, 2025

    Zurich Owes $130M For Helene Damage, NC Mining Co. Says

    A quartz mining company has sued a Zurich insurer to recover $130 million for property damage and business interruption losses stemming from Hurricane Helene, saying the insurer has stonewalled for over a year and improperly tried to limit coverage to $28 million.

  • December 17, 2025

    6th Circ. Revives NJ Drivers' Wage Action Against Hub Group

    Two drivers alleging that logistics company Hub Group misclassified them as independent contractors have no connection to Tennessee, the Sixth Circuit ruled, departing from a Tennessee federal court's decision that found their suit under New Jersey law couldn't stand.

  • December 16, 2025

    Digital Marketing Co. Ibotta Seeks To Ditch Suit Over IPO

    Digital consumer discount company Ibotta Inc. and its brass and underwriters seek to shed a consolidated proposed investor class action alleging the company misled investors in the lead-up to its 2024 initial public offering, arguing that it properly disclosed certain risks that later purportedly affected trading prices for its shares.

  • December 16, 2025

    American Bridge Hit With $4.8M Sanction For Discovery Abuse

    A Washington state judge has slapped American Bridge Co. with $4.8 million in monetary sanctions and found the steel subcontractor and its counsel at Smith Currie Oles LLP on the hook for additional legal fees for "widespread discovery abuses" throughout a court battle with a general contractor over delays in a Seattle convention center project.

  • December 16, 2025

    Judge Blocks T-Mobile From Using Tool To Scrape AT&T Data

    A Texas federal judge blocked T-Mobile from using a price tool to scrape data from AT&T's website, saying that without a temporary restraining order T-Mobile would likely continue to enter into AT&T's password-protected software without permission.

  • December 16, 2025

    Arms Broker Sues Explosives Co. Over Subpar Product

    An arms broker sending munitions to support Ukraine has sued a Pennsylvania-based explosives manufacturer for allegedly grossly overselling its ability to provide high-quality explosives and secure faster-than-average export licenses, claiming the company is now refusing to return a $2.1 million deposit. 

  • December 16, 2025

    Crypto Host Must Pay $1.2M For Breaching Mining Deal

    A federal judge in Washington state ruled Tuesday that a cryptocurrency computer host breached a contract it signed with a bitcoin mining company and unlawfully retained its equipment, awarding the mining firm $1.2 million in damages.

  • December 16, 2025

    PVC Pipe Buyers Defend Price-Fix Conspiracy Claims

    Polyvinyl chloride pipe purchasers say they've alleged more than enough to show a Chicago federal judge that certain manufacturers participated in a plausible and illegal price-fixing conspiracy, urging the court to let their consolidated action proceed to discovery.

  • December 16, 2025

    Split 2nd Circ. Panel Revives DirecTV Case Against Nexstar

    A split Second Circuit panel on Tuesday revived DirecTV's antitrust case that accuses Nexstar Media Group of using a pair of broadcast station owners to demand excessive retransmission fees.

  • December 16, 2025

    Apartment Developer Sues JV Parties In Del. Over Spending

    A Florida general partnership has sued a joint venture partner and two key members in Delaware's Court of Chancery, alleging the loss of millions of dollars through mishandled, misspent or wrongly reported outlays for the development of a 204-unit apartment tower in Coral Gables.

  • December 16, 2025

    DOD Contractor Says Engineer Stole 2K Files On Last Day

    Defense contractor Competitive Range Solutions LLC is suing a field engineer in Virginia federal court, accusing him of violating the Defend Trade Secrets Act by downloading thousands of confidential documents at the end of his last day of work and after accepting a job with a competitor.

  • December 16, 2025

    Court Tosses Ex-Olympian's Claims That QVC Stole Show Idea

    A New Jersey federal court tossed a former Olympian's lawsuit accusing the home-shopping channel QVC of stealing her idea for a show based on her lifestyle brand, ruling her claims lacked a meaningful connection to New Jersey to exercise jurisdiction.

  • December 16, 2025

    NC Cardboard Box Salesman Freed From Trade Secrets Suit

    A corrugated packing manufacturer can't hold on to its lawsuit alleging a former star salesman defected to a close competitor with its trade secrets after a North Carolina Business Court judge ruled the complaint is too vague.

  • December 16, 2025

    Kasowitz Hid Plummeting Profits From Ex-Partner, Suit Says

    A former Kasowitz LLP partner has accused the firm and its founder, renowned litigator Marc Kasowitz, of misrepresenting its finances and failing to pay him the millions he is owed in a lawsuit in New York state court, alleging the firm's profits have plummeted due to poor management.

  • December 16, 2025

    Hagens Berman Sanctioned For Bot Errors In OnlyFans Case

    A California federal judge sanctioned Hagens Berman Sobol Shapiro LLP for submitting four briefs that contained errors blamed on ChatGPT while representing OnlyFans users pursuing proposed class fraud claims against the online platform, tossing the suit but allowing the users a chance to refile.

  • December 16, 2025

    NC Law Firm Says Insurer Must Cover Helene Biz Losses

    A North Carolina law firm has accused its insurance company of wrongfully denying coverage for business income losses stemming from Hurricane Helene, saying the suspension of operations during and after the storm is covered under its business owners policy.

  • December 15, 2025

    Nutrien Ag Says Wash. Farm Owes $5M For Breaking Contract

    Agricultural products supplier Nutrien Ag Solutions Inc. is accusing an Eastern Washington farm of reneging on a $5.4 million debt, claiming the producer has failed to make even partial payments on its credit line since mid-September.

  • December 15, 2025

    Telecom Says It Was Upcharged 864 Times For Fiber Install

    An Iowa-based telecom has accused a Lumen unit of trying to balloon a nearly $300,000 job to $257 million by forcing it to pay per foot for each of the 864 "hair-width glass fiber strands" in a single cable that will be pulled through 50-plus miles of tunnel under Phoenix.

  • December 15, 2025

    Microsoft Seeks To Exit ChatGPT Users' OpenAI Antitrust Suit

    Microsoft has slammed a proposed class action accusing the company of bullying OpenAI into a cloud computing deal as devoid of fact and economic sense in two motions filed in California federal court, saying the plaintiffs, ChatGPT subscribers, are trying to dodge an arbitration clause in the chatbot developer's user terms.

  • December 15, 2025

    Walmart Adds To Visa, Mastercard Swipe-Fee Deal Objections

    Walmart has become the latest retailer to object to a proposed new settlement between Visa, Mastercard and a class of potentially millions of merchants to resolve two decades of antitrust litigation, claiming the class plaintiffs and counsel have "sold out their fellow class members."

  • December 15, 2025

    Del. Justices Put ITG On Hook For $250M Reynolds Settlement

    Delaware's Supreme Court stubbed out an eight-year ITG Brands LLC legal battle to avoid paying R.J. Reynolds more than $250 million to cover health-related settlement payments to Florida after ITG's acquisition of four of the cigarette company's brands, according to a ruling issued Monday.

Expert Analysis

  • FTC Focus: When Green Goals And Antitrust Law Collide

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    A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.

  • How Bankruptcy Law Caps Landlords' Rejected Lease Claims

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    With corporate bankruptcy filings for the first half of the year at a 15-year high, landlords should be prepared for commercial tenants to use the bankruptcy process to reject unwanted leases in order to lessen corporate footprints and improve liquidity, say attorneys at Mintz.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • How To Address Tariff-Related Risks In Commercial Contracts

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    Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • A New IP Game Plan For College Football Players

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    For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.

  • 11th Circ. Ruling Shows Federal Question Jurisdiction Limits

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    The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • Opinion

    The Fallout Of Drake's Defamation Suit Against UMG

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    Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • 2 Appellate Rulings Offer Clickwrap Enforcement Road Map

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    Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.

  • SDNY Ruling Reinforces Joint Steering Committee Obligations

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    The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

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