Commercial Contracts

  • December 12, 2025

    Merchant Orgs. Fight Latest Visa, Mastercard Swipe-Fee Deal

    The National Association of College Stores, Energy Markets of America and other industry groups objected Friday 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 deal "does not come close to fixing the swipe fee challenges" faced by merchants.

  • December 12, 2025

    Duke Energy Pushes Back On DOJ's View Of 'Monopoly Broth'

    Duke Energy told the U.S. Supreme Court the government is backing a rival's antitrust claims accusing the power giant of squeezing it out of the North Carolina market simply to help enforcers' own cases accusing Big Tech companies of using a "monopoly broth" to thwart competition.

  • December 12, 2025

    Wrong Metric Created $2 Valuation, Chancery Suit Says

    A former equity holder in a nutrition services business has sued in Delaware Chancery Court seeking to unwind what it calls a sham $2 repurchase of its ownership interest and to force payment of a separate $2 million deferred purchase price, arguing that the business disregarded contractually mandated valuation mechanics to engineer a zero-value outcome.

  • December 12, 2025

    NC Justices Won't Let Tech Parent Co. Exit Fraud Case

    North Carolina's highest court refused Friday to free the parent company of a security technology business and one of its executives from a lawsuit alleging they conspired to devalue the majority member's stake and funnel assets out of reach.

  • December 12, 2025

    Chancery Issues Rare Redemption Order In Congo Dispute

    A rare Court of Chancery battle over control of a sprawling palm oil plantation enterprise along Africa's Congo River has produced an equally rare court order for "redemptions in kind," or an unwinding and separation from an investor who led what the court described as a multi-faceted enterprise "coup."

  • December 12, 2025

    Judge Orders Fastener Co. To Pay $17K For Misleading Ads

    A Philadelphia federal judge permanently barred industrial fastener company Peninsula Components Inc. from using a competitor's trademark "PEM" product name in its online ads, and ordered it to pay $17,866 in damages.

  • December 12, 2025

    U.S. Steel Can Arbitrate $22M Canadian Contract Spat

    Canadian steelmaker Algoma Steel Inc. must arbitrate its bid to break off its contract for buying iron ore from U.S. Steel Corp., since the contract contains a clause bringing all disputes to an arbitrator in Pittsburgh, a federal judge ruled Friday.

  • December 12, 2025

    Caterpillar Dealer Ex-Worker Files 401(k) Fee Suit In Fla.

    An ex-worker for a dealer of Caterpillar construction equipment in Florida hit his former employer with a proposed class action in federal court alleging his employee 401(k) plan paid excessive fees, breaching fiduciary duties under federal benefits law.

  • December 12, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Shell hit with a climate change claim from 100 survivors of a typhoon in the Philippines, London Stock Exchange-listed Oxford Nanopore bring legal action against its co-founder, and the editors of Pink News sue the BBC for defamation following its investigation into alleged sexual misconduct at the news site.

  • December 11, 2025

    Fla. Judge OKs Ch. 11 Plan For $1.7B Miami High-Rise Plot

    A Florida bankruptcy judge has confirmed the Chapter 11 plan for the owners of a prized piece of land proposed for a high-rise construction along the skyline of downtown Miami that could be worth more than $1 billion once redeveloped.

  • December 11, 2025

    NJ Judge Won't Lift Bid Deadline On Tunnel Rail Project

    A New Jersey federal judge said Thursday she won't lift a deadline to bid on a railway-construction project associated with building a new tunnel to New York City, saying a New Jersey construction company isn't likely to win its challenge to a project labor agreement tied to the venture.

  • December 11, 2025

    Texas Business Group CEO Resigns After Sexual Assault Suit

    The CEO of Texas' largest business association has stepped down after a woman who founded a business advocacy group said he attempted to coerce her into a sexual relationship and then assaulted her when she rejected his advances. 

  • December 11, 2025

    Disney Cuts $1B OpenAI Licensing Deal Amid Google IP Clash

    The Walt Disney Co. has cut a $1 billion investment deal with OpenAI to become OpenAI's first major content licensing partner on its generative AI video-platform Sora, the companies announced Thursday, a day after Disney sent Google a cease-and-desist letter accusing Google's AI tools of "massive infringement."

  • December 11, 2025

    Suit Over DraftKings' Voided Bets Advances With Class Cert.

    An Indiana federal judge has certified a class of 99 bettors who were denied payouts when DraftKings canceled their successful wagers on an NBA game, pushing forward a suit over the online betting giant's administration of its house rules.

  • December 11, 2025

    Josh Cellars President Denied Early Win In $4M Royalty Feud

    The former president of the company that produces Josh Cellars wines has been denied an early win in a $4 million trademark royalties lawsuit because a judge said she cannot resolve whether the parties orally amended an LLC agreement or whether a clause requiring written alterations is controlling.

  • December 11, 2025

    NJ Cannabis Co. Challenges Law Requiring Deal With Unions

    A cannabis company is urging a New Jersey federal court to pause an upcoming arbitration proceeding with a United Food and Commercial Workers local over its firing of several employees, claiming that it had been coerced into entering an agreement with the union by an unconstitutional state law.

  • December 11, 2025

    Offshore Lease Sales Net $279M With Chevron, BP, Shell Bids

    The Trump administration wrapped up the first in a series of offshore oil and gas lease sales in the Gulf of Mexico under a July tax cut and spending bill, with Chevron, BP and Shell joining in the bidding process.

  • December 11, 2025

    Willkie Hires 2nd Jones Day Partner In 2 Weeks In DC

    Another member of the Jones Day litigation team who represented Boeing in its contract suit over production issues for fighter jet parts has joined Willkie Farr & Gallagher LLP's Washington, D.C., office as a partner, making him the second in as many weeks to make the move.

  • December 11, 2025

    FTC, Amazon Want To Delay Antitrust Trial By 7 Weeks

    As they try to get back on track after the government shutdown, the Federal Trade Commission and Amazon asked a Washington federal judge Wednesday to push back the start of the antitrust trial accusing the online retail giant of creating an artificial pricing floor.

  • December 11, 2025

    NASCAR Inks Midtrial Antitrust Deal With Teams

    NASCAR has agreed to give its race teams permanent contracts as part of an otherwise confidential settlement that cut short a high-profile antitrust trial in which two teams — including one owned by retired NBA star Michael Jordan — accused it of illegally maintaining a monopoly on premier stock car racing.

  • December 10, 2025

    Hyundai Attacks Judge's 'Disdain For Arbitration' At 9th Circ.

    Hyundai urged the Ninth Circuit Wednesday to revive its bid to arbitrate litigation over an alleged defect in its Palisade SUVs, saying that a district court judge erred by rejecting an arbitration agreement within a contract for complimentary "connected" services and arguing that the order "drips with disdain for arbitration."

  • December 10, 2025

    Feds Drop 2 FIFA Bribery Cases Despite Appellate Win

    Brooklyn federal prosecutors are dropping criminal cases against a former 21st Century Fox executive and an Argentine sports marketing company in the long-running FIFA corruption probe, just months after successfully appealing the dismissal of their honest-services fraud conspiracy convictions.

  • December 10, 2025

    Boardwalk Pipeline Case Sees Partial Reversal

    The Delaware Supreme Court on Wednesday partially revived long-running challenges to Loews Corp.'s 2018, $1.5 billion cash-out of Boardwalk Pipeline Partners LP, ruling that the Chancery Court misread the high court's 2022 guidance and prematurely shut down minority unitholder claims attacking the legal opinion that triggered the buyout.

  • December 10, 2025

    Ukrainian Civilians Say Intel, TI Parts Used In Russian Missiles

    Several Ukrainian civilians told a Texas state court that semiconductor components manufactured by Intel Corp., Texas Instruments Inc. and others ended up in Russian missiles, saying Wednesday the companies negligently allowed their products to flow to the Russian military.

  • December 10, 2025

    Ex-Software CEO Asks Delaware Justices To Revive $20M Claim

    The former CEO of a software company asked a Delaware Supreme Court panel on Wednesday to revive his $20 million claim against London investment firm 3i Group PLC, arguing that a lower court misread Texas venue rulings and Delaware's tolling law.

Expert Analysis

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • Texas' Cactus Ruling Clarifies 'Produced Water' Rules

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    The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • A Look At Trump Admin's Shifting Strategies To Curtail CFPB

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    The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Google Damages Ruling Offers Lessons For Testifying Experts

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    The Federal Circuit's recent decision in EcoFactor v. Google represents a shift in how courts evaluate expert testimony in patent cases, offering a practical guide for how litigators and testifying experts can refine their work, says Adam Rhoten at Secretariat.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

  • Rocket Mortgage Appeal May Push Justices To Curb Classes

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    Should the U.S. Supreme Court agree to hear Alig v. Rocket Mortgage, the resulting decision could limit class sizes based on commonality under Rule 23 of the Federal Rules of Evidence as opposed to standing under Article III of the U.S. Constitution, say attorneys at Carr Maloney.

  • 3 Judicial Approaches To Applying Loper Bright, 1 Year Later

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    In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.

  • Employer Best Practices For Navigating Worker Separations

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    As job cuts hit several major industries, employers should take steps to minimize their exposure to discrimination claims, information leaks and enforcement challenges, such as maintaining sound documentation, strategic planning and legal coordination, says Mark Romance at Day Pitney.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.

  • Opinion

    IRS Should Work With Industry On Microcaptive Regs

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    The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.

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