Commercial Contracts

  • October 15, 2025

    TTAB Denies 'Gasparilla' TM Despite Deal With Other IP Holder

    The Trademark Trial and Appeal Board has rejected a bid to register "Gasparilla" for mugs and clothing, because of potential confusion with "Gasparilla Treasures," concluding in a precedential opinion that a consent agreement offered by the parties was not enough to overcome a likelihood of consumer confusion.

  • October 14, 2025

    Sirius XM Can't Yet Ditch Proposed Class Action Over Pricing

    An Oregon federal judge on Tuesday refused to toss a proposed class action claiming Sirius XM concealed a royalty charge from subscribers, ruling that the subscribers have adequately alleged they did not know about the fee or the true cost of their subscription when they signed up.

  • October 14, 2025

    Exec Tells Fla. Jury He Wanted To Protect Nicklaus Brand

    An executive for the company bearing Jack Nicklaus' name denied making alleged defamatory statements in emails to clients regarding the golf legend's interest in a competing Saudi Arabian league, telling a Florida state court jury on Tuesday that he received contradicting information and wanted to protect the business' brand name.

  • October 14, 2025

    Construction Co. Says Insurer Owes $12M On Military Project

    A construction company sued its subcontractor and an insurance company in North Carolina state court, seeking more than $12 million in damages after the subcontractor allegedly failed to follow through on mechanical and plumbing work at a U.S. Marine Corps air station.

  • October 14, 2025

    Ex-Clear Street Employees Sue Over Retaliation, Defamation

    Four former employees of financial services company Clear Street Management have sued the firm, claiming they were retaliated against as whistleblowers and falsely terminated "for cause" when they attempted to resign over allegations of a toxic workplace.

  • October 14, 2025

    Concrete Co. Can't Challenge $2M Seattle Wage Theft Fine

    A Washington state appellate panel on Monday rejected a concrete subcontractor's appeal of more than $2 million in penalties for wage violations at Seattle construction sites, supporting a city hearing examiner's conclusion that the company was also on the hook alongside the primary contractor.  

  • October 14, 2025

    Texans Say Drinking Water Tainted With PFAS From Military Base

    Residents and local businesses in Lubbock, Texas, are suing 3M, DuPont de Nemours Inc. and others over alleged exposure to so-called forever chemicals that leached into their well water from firefighting foam used on a nearby former U.S. Air Force base and caused a woman's death.

  • October 14, 2025

    USPS Bailed On Wash. Real Estate Deal, Developer Claims

    A developer and its affiliate have claimed in federal court that the U.S. Postal Service violated an agreement to develop a piece of land in Issaquah, Washington, and split the proceeds from its sale.

  • October 14, 2025

    Aetna Dodges Colo. County's $1.1M Suit Over Unpaid Rebates

    A Colorado federal judge has dismissed a county's lawsuit alleging Aetna Life Insurance Co. withheld more than $1 million in pharmacy rebates under an unenforceable early termination clause, agreeing with the insurance company that the clause is valid and enforceable.

  • October 14, 2025

    Enterprise Seeks $358K In Unpaid Masters Tourney Rentals

    Auto rental giant Enterprise alleged in a new lawsuit that a corporate client still owes nearly $358,000 in bills on hundreds of luxury cars rented for the 2025 Masters Tournament, claiming the client reneged on a payment plan after just two installments.

  • October 14, 2025

    Microsoft Bullied OpenAI Into Cloud Deal, Antitrust Suit Says

    A group of ChatGPT subscribers launched a proposed class action in California federal court Monday accusing Microsoft Corp. of inflating prices by forcing OpenAI into a deal that made the software giant the sole provider of computing services for the growing suite of artificial intelligence products.

  • October 14, 2025

    Boston Says Celebrity Chef Moved Money To Skirt Tax Bills

    The city of Boston is accusing celebrity chef Barbara Lynch of intentionally scheming to avoid paying nearly $1.7 million in property taxes by "siphoning off" corporate assets, asking a judge to pierce the corporate veil and hold her liable for the bill.

  • October 14, 2025

    Fighter Wins $5.3M Judgment Against Fla. Promoter

    A Florida state judge on Tuesday approved a $5.3 million final default judgment against a promoter that allegedly failed to pay former Ultimate Fighting Championship fighter Jorge Masvidal for a 2024 bout in California.

  • October 14, 2025

    Liberty Mutual Unit Says Hotel Co.'s Storm Suit Must Be Axed

    A hotel group's suit seeking $12.5 million for business interruption losses stemming from Hurricane Helene should be tossed, a Liberty Mutual unit told a North Carolina federal court, saying it already filed suit first in Georgia federal court.

  • October 14, 2025

    EU Fines Fashion Brands €157M For Price Maintenance

    The European Commission has fined fashion companies Gucci, Chloé and Loewe a total of €157 million ($182.2 million) for allegedly breaching the bloc's competition rules by restricting the retail prices of their products.

  • October 14, 2025

    Tether Accused Of Wrongly Freezing $45M In Cryptocurrency

    Stablecoin issuer Tether faces a lawsuit from a business claiming that Tether improperly froze cryptocurrency worth about $44.72 million at the behest of a local police department in Bulgaria, departing from proper procedures for an asset freeze.

  • October 14, 2025

    Catching Up With Delaware's Chancery Court

    Last week at the Delaware Chancery Court, Vice Chancellor Lori W. Will ruled that Carlos Vasallo remains the CEO of Caribevision TV Network LLC, finding that majority investors' attempt to remove him under a defective 2019 agreement was invalid for lack of proper notice.

  • October 14, 2025

    Justices Won't Decide If 'Minute Entry' Triggers Appeal Clock

    The U.S. Supreme Court said Tuesday it won't review the Second Circuit's finding that a Connecticut federal judge's oral ruling and follow-up minute entry were formal orders that triggered a 30-day countdown to appeal losses in a sales representation contract dispute worth $1.7 million. 

  • October 10, 2025

    Ex-Trump Ally Felix Sater Liable In Money Laundering Trial

    A bank and a Kazakh city won $52 million in New York federal court over claims that real estate financier and former Donald Trump ally Felix Sater skimmed money while helping others launder tens of millions of dollars, according to the plaintiffs. 

  • October 10, 2025

    Delta, Aeromexico Say USDOT Erred In Blocking Partnership

    Delta Air Lines and Aeromexico have asked the Eleventh Circuit to vacate the U.S. Department of Transportation's order terminating approval of their joint venture and ordering them to dismantle it by January, according to a petition for review posted to the case docket Friday.

  • October 10, 2025

    Judge Dubious Of Amazon Shoppers' Slow Shipping Zone Suit

    A Washington federal judge cast doubt Friday on a group of Amazon Prime subscribers' argument that variability in delivery time by ZIP code amounts to an unfair business practice, highlighting data that suggests packages sometimes take longer than two days to arrive regardless of the purchaser's address.

  • October 10, 2025

    Law Firm Seeks To Uphold $6.6M Arbitral Award In Fee Dispute

    A personal injury law firm embroiled in a long-running dispute over fees owed in litigation over a 1983 terrorist bombing in Lebanon urged a New York federal court to preserve a $6.59 million arbitral award it had secured for its work, arguing that tossing the arbitrator's "carefully balanced" decision would wrongly send the parties back to square one.

  • October 10, 2025

    Musk Accuses OpenAI Ex-Exec Of Subpoena 'Cat And Mouse'

    A California federal magistrate judge is allowing Elon Musk to serve a deposition subpoena by Federal Express to a tech executive who briefly served as OpenAI's interim CEO after hearing that process servers and investigators had attempted personal service 11 times but were "stonewalled" by the woman and her security.

  • October 10, 2025

    $20M Gas Plant Verdict At Texas High Court Gets Settled

    Arrow Field Services LLC settled with Linde Engineering North America Inc. after the latter secured a $20 million verdict, ending an appeal of the decision at the Texas Supreme Court Friday.

  • October 10, 2025

    Wyden Urges Justices To Revive UBS Retaliation Case Again

    Sen. Ron Wyden and several whistleblower organizations have urged the U.S. Supreme Court to revive for a second time a fired UBS worker's whistleblower retaliation lawsuit, pointing to a "deep and direct conflict" the Second Circuit has created with its latest decision in the case.

Expert Analysis

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • Navigating Potential Sources Of Tariff-Related Contract Risk

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    As the tariff landscape continues to shift, companies must anticipate potential friction points arising out of certain common contractual provisions, prepare to defend against breach claims, and respond to changing circumstances in contractual and treaty-based relationships, say attorneys at Debevoise.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • Florida Case Could Redefine Construction Defect Damages

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    If a Florida appellate court overturns the trial court in a pending construction contract dispute, the state could experience a seismic shift in construction defect damages, effectively leaving homeowners and developers with an incomplete remedy, says Andrew Gold at Akerman.

  • Indemnity Lessons From Mass. Construction Defect Ruling

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    The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' statute of repose, should spur design and construction professionals to negotiate limited provisions, says Christopher Sweeney at Conn Kavanaugh.

  • When Reshoring, IP Issues Require A Strong Action Plan

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    With recent headlines highlighting tariffs as high as 3,521%, more firms will contemplate reshoring manufacturing to the U.S., and they will need to consider important intellectual property issues as part of this complex, expensive and lengthy undertaking, say attorneys at Norton Rose.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

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    Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • 4 Strategies For De-Escalating Hospitality Industry Disputes

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    As recent uncertainty in the travel business exacerbates the risk of conflict in the hospitality sector, industry in-house counsel and their outside partners should consider proactive strategies aimed at de-escalating disputes, including preserving the record, avoiding boilerplate clauses and considering arbitration, say Randa Adra at Crowell and Stephanie Jean-Jacques at Hyatt.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

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