Commercial Contracts

  • October 23, 2025

    Wash. Justices Skeptical Of Debtor's Collection Notice Stance

    Washington Supreme Court justices appeared wary Thursday of second-guessing a Seattle federal judge who asked them to decide whether a hospital billing disclosure law applies to debt collectors, as the plaintiff in the underlying proposed class action pressed the court to "reformulate" the certified question.  

  • October 23, 2025

    Ga. Panel Says Statute Noncompliance Dooms Crash Deal

    The Georgia Court of Appeals reversed a trial court order granting a man's motion to enforce a settlement agreement in a personal injury suit where he was accused of hitting someone with his truck, finding the agreement wasn't a "valid offer capable of being accepted."

  • October 23, 2025

    Chancery Maps Out Math For Hefty Drug Co. Breach Interest

    A Delaware vice chancellor late Thursday issued a road map for calculating tens of millions of dollars in interest due after a ruling in June that Alexion Pharmaceuticals failed a "best efforts" duty to fulfill an autoimmune drug candidate deal with Syntimmune Inc.

  • October 23, 2025

    NC Judge Dubious Of NASCAR's 'Cartel' Counterclaims

    A North Carolina federal judge appeared skeptical Thursday of letting NASCAR bring to trial its antitrust counterclaims against a pair of stock car racing teams, one owned by retired NBA legend Michael Jordan, questioning how the teams could have colluded to force more favorable contract terms when there seems to be evidence NASCAR was able to negotiate with them individually.

  • October 23, 2025

    Texas Appeals Court OKs Challenge To $1M Default Judgment

    A Texas appeals court said Thursday that an energy company on the hook for a $1 million default judgment can have a second shot at seeking a new trial because it filed the request just before midnight on the date it was due, reversing a lower court decision that found the filing came too late.

  • October 23, 2025

    9th Circ. Calls For Evidence Hearing Over ICE Facility Access

    The Ninth Circuit on Thursday partially remanded the Washington State Department of Health's lawsuit accusing GEO Group of illegally blocking access to an immigration facility for safety inspections, calling for an evidentiary hearing into how the refusal for access played out.

  • October 23, 2025

    Walgreens Urges Pretrial Win In Shelf Space Fight

    Electronics accessories manufacturer Zeikos Inc. should not be allowed to take its product placement contract suit against Walgreens to trial because it's clear Zeikos misinterpreted sales data that spurred an agreement the company itself never fully satisfied, the pharmacy retailer argued Wednesday.

  • October 23, 2025

    Investor Says Biotech Co. Rigged Votes To Expand Share Pool

    A stockholder of Pennsylvania-based Ocugen Inc. sued the biotech company Thursday in Delaware Chancery Court, alleging that the company's board contrived a "clever" but unlawful scheme to push through a 2024 charter amendment that expanded its authorized share count without the required majority approval.

  • October 23, 2025

    $5M Lindell Arbitration Fight Submitted For High Court Review

    A software developer trying to revive his $5 million arbitral award against MyPillow CEO Mike Lindell has brought the case to the U.S. Supreme Court, where he is urging the justices to finally resolve whether manifest disregard of the law is a valid basis on which arbitral awards may be vacated.

  • October 23, 2025

    RingConn Settles With Oura After ITC Import Ban

    Ouraring Inc. has inked a deal allowing RingConn to keep its smart rings on the U.S. market following the U.S. International Trade Commission's decision to block Ultrahuman and RingConn from importing products it held infringed a wearable computing device patent.

  • October 23, 2025

    Conn. Judge Awards $71K Fees In 'Minute Entry' Appeal Loss

    A Connecticut federal judge on Thursday awarded $71,050 in attorney fees to a company that defeated a Second Circuit challenge questioning whether an oral ruling and a "minute entry" were real judicial decisions that triggered a 30-day appeal deadline, finding the charges reasonable.

  • October 23, 2025

    Ex-Exec Accused Of Stealing IVF Co.'s Trade Secrets

    The co-founder of a Garden State genetic testing company abruptly quit, deleted all the data on his company laptop — including the only copy of some materials — then took the trade secrets to help a competitor, according to a lawsuit filed in New Jersey federal court.

  • October 23, 2025

    Electric Co. Says Contractor Owes $5M For Denver Airport Job

    An electric infrastructure company accused a contractor in Colorado state court Wednesday of withholding over $5 million in payments for work completed in an expansion project at the Denver International Airport.

  • October 23, 2025

    Columbia University Wants Out Of Sportswear Trademark Suit

    Columbia University has asked an Oregon federal judge to toss a trademark infringement lawsuit brought by Columbia Sportswear, saying it had been using the name for about 200 years prior to the sportswear company putting it on a shirt.

  • October 23, 2025

    Eli Lilly Says Pharmacy Mass-Producing Weight Loss Drug

    Drugmaker Eli Lilly is suing a compounding pharmacy in Texas federal court, alleging the pharmacy ripped off its lucrative weight loss drug, began mass-producing it, and made as much as $2 million per month last year from its misdeeds.

  • October 23, 2025

    Conference Set In Discovery Fight Amid $900K Fee Dispute

    A Connecticut state judge has called a status conference but denied a request for an "urgent" evidentiary hearing in a fee dispute between two law firms stemming from a $900,000 personal injury settlement, noting in an order that the conference would be held to discuss outstanding discovery issues ahead of trial.

  • October 23, 2025

    Avadel, Jazz Settle Sleep Disorder Drug Claims

    Avadel Pharmaceuticals has announced it reached a global settlement with Irish rival Jazz Pharmaceuticals to dismiss their lawsuits against each other that alleged patent and antitrust violations related to sleep disorder drug Lumryz.

  • October 23, 2025

    Shipbuilder Can't Ax Md. Bridge Collapse Suit, Court Told

    The Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse maintained that South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. should be held accountable in Pennsylvania federal court for designing and building a "fatally flawed" ship.

  • October 22, 2025

    Blake Lively Seeks Sanctions Over 'Untraceable' Messages

    Blake Lively told a New York federal judge Wednesday her "It Ends With Us" co-star Justin Baldoni, his production company and other defendants in her defamation case should be sanctioned for using Signal's auto-delete function in an attempt to erase evidence of their alleged retaliatory smear campaign against the actress.

  • October 22, 2025

    Meta Beats False Ad Suit Over Bricked Devices, For Now

    A California federal judge indicated Wednesday that he'll toss a proposed class action alleging Meta deceptively sold Portal video-calling devices that it later "bricked" by dropping software support, but he allowed the buyers to amend their claims, saying Meta's decision to strip the devices of functionality "seems wrong."

  • October 22, 2025

    Phillips 66 Can't Undo $805M Trade Secrets Trial Loss

    Phillips 66 can't get a new trial after its $805 million loss on claims it stole startup Propel Fuels' intellectual property during due diligence for an acquisition, a California state judge has ruled, saying the jury's findings, including malicious misconduct, are well-supported.

  • October 22, 2025

    Bristol-Myers $450M Payment Dispute Heads To Arbitration

    A judge sitting for Delaware's Court of Chancery has sent to arbitration allegations from shareholders of a small biotechnology company acquired by Bristol-Myers Squibb that the pharmaceutical giant used trickery to avoid paying up to $450 million in milestone payments.

  • October 22, 2025

    Origins Tech Settles $4M Suit Over Canceled Pot License

    Cannabis brand holding and investment company Origins Tech Inc. has settled its legal fight with a Utah cannabis retailer, with both agreeing to drop claims and counterclaims alleging nearly $1 million in unpaid loans and breached contracts.

  • October 22, 2025

    StubHub Says Swift Fan Must Arbitrate Eras Tour Tickets Suit

    StubHub Holdings Inc. urged a Washington federal judge on Wednesday to force arbitration in a customer's proposed class action, contending the plaintiff launched the lawsuit after the company began arbitrating her claims that it failed to deliver on $14,000 worth of tickets she purchased for Taylor Swift's Eras Tour.

  • October 22, 2025

    Strava Drops Patent Suit Against Garmin Weeks After Filing

    Fitness app company Strava has agreed to drop a lawsuit filed last month accusing wearable device maker Garmin of infringing a trio of GPS patents for defining segments of road and mapping routes.

Expert Analysis

  • Negotiating Triparty Hotel Agreements To Withstand Risk

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    Brewing economic uncertainty in the hospitality industry underscores the importance of subordination, nondisturbance and attornment agreements, and hotel managers should tightly negotiate these agreements to ensure remedies will not disturb key rights, say attorneys at Sidley.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • Independent Contractor Rule Up In The Air Under New DOL

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    In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.

  • Key Questions When Mediating Environmental Disputes

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    As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • Notable Q1 Updates In Insurance Class Actions

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    The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • Reviving A Dormant Criminal Statute In Antitrust Prosecution

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    The U.S. Department of Justice is poised to revive a dormant misdemeanor statute to resolve bid-rigging charges against a foreign national, providing important context to a recent effort to entice foreign defendants to take responsibility for pending charges or face the risk of extradition, say attorneys at Axinn.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

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    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

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