Commercial Contracts

  • July 21, 2025

    Pot Drink Co.'s Case Belongs In Arbitration, Stoel Rives Says

    Stoel Rives LLP and a group of its clients are urging a California federal court to send a fraud suit brought by a maker of nonalcoholic cannabis drinks back to arbitration, arguing all the claims are subject to a valid arbitration agreement.

  • July 18, 2025

    Law360 Names 2025's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.

  • July 18, 2025

    Texas Panel Says RE Funds Can Bar Manager, For Now

    A Texas appellate court mostly kept intact a court order barring the former manager of multiple commercial real estate funds from interfering with the funds going forward, saying the funds had done enough to show the former manager was undercutting their financial interests.

  • July 18, 2025

    4th Circ. Remands Insurance Award Feud Over FAA Confusion

    In a published decision that refers to the Federal Arbitration Act as "not a triumph of legislative draftsmanship," the Fourth Circuit on Friday overturned the enforcement of an arbitral award favoring health insurance service providers that is being challenged over an arbitrator's alleged conflict of interest.

  • July 18, 2025

    Texas Appeals Court Says City Wanted Too Much In Royalties

    A Texas appeals court affirmed a lower court's ruling against the city of Crowley, Texas, on Thursday, finding that the city's energy agreement with TotalEnergies E&P USA Inc. requires gas royalty payments to be calculated solely based on the market value of the gas at the point of sale.

  • July 18, 2025

    Chancery Fast-Tracks Game Co. Suit Over $250M Earnout

    A shareholder representative for a popular video game franchise won a Delaware Chancery Court partial fast-track Friday in a suit accusing the company's South Korean buyer of scheming to sabotage the acquired company's most promising game sequel to avoid paying a $250 million deal earnout bonus.

  • July 18, 2025

    Off The Bench: Latest NASCAR Win, Trans Athlete Fights Ban

    In this week's Off The Bench, Michael Jordan's racing team fails to bounce back right away from a tough defeat in its battle with NASCAR, a transgender woman fights a last-minute expulsion from a college women's track and field event, and a football player sees his window to playing an extra college season slammed shut by the NCAA and the Seventh Circuit.

  • July 18, 2025

    Insurer Improperly Took $7M From Letter Of Credit, Court Told

    A unit of a Qatar-based insurance company accused a U.S.-based insurer in North Carolina federal court of improperly drawing down roughly $7 million from a letter of credit that was part of one set of reinsurance transactions to pay for its obligations under another completely separate reinsurance transaction.

  • July 18, 2025

    Yale Says Patient Data Breach Suit Lacks Specifics

    Yale New Haven Health Services Corp. is urging a Connecticut federal court to toss a proposed class action over a March ransomware attack that allegedly may have affected millions of people, arguing patients haven't shown that the state's largest healthcare system violated any legal duties or contracts.

  • July 18, 2025

    Franchisee Stole Biz Model, College Advising Co. Says

    A college consulting company accused a former franchisee of doing business under false pretenses, poaching the company's proprietary methods and walking away to start a new venture, according to a complaint filed in North Carolina federal court.

  • July 18, 2025

    Supply Co. Looks To Spur New Judge Amid NC Staff Shortage

    A medical supply procurement company on Friday sought to hasten the assignment of a new judge to its contract suit against a pharmaceutical middleman after the previous judge retired, acknowledging there are staffing issues in the Western District of North Carolina but saying the "serious case" needs attention to stay on track.

  • July 18, 2025

    Pillsbury Atty Fights Sanctions In Nurse Wage-Fixing Case

    A partner with Pillsbury Winthrop Shaw Pittman LLP told a Nevada federal court he should not be sanctioned for using a poor choice of words when communicating with the government about the availability of an expert witness during a wage-fixing and wire fraud trial.

  • July 18, 2025

    Insurer Asks To Be Freed From Mass Shooting Coverage

    A home insurer has told a North Carolina federal court it should not have to cover an underlying lawsuit brought against the parents of a teen mass shooter by victims and family members of decedents, since its policy does not cover intentional acts, among other reasons.

  • July 18, 2025

    Armstrong Teasdale Adds Former CLO As A Litigator In Miami

    A former chief legal officer at professional services company Indelible has joined Armstrong Teasdale LLP as a litigation counsel in Miami.

  • July 18, 2025

    Student Housing Investor Says Partner Flouted LLC Contract

    A Tennessee-based company with a stake in a property manager for a Colorado student housing property has lodged a breach of contract suit against its Denver-based business partner, alleging the partner failed to provide more than $3.6 million to improve and repair the property and wrongfully refused to sell its membership interest after not putting up the funds.

  • July 18, 2025

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

    This past week in London has seen the former owner of British oil refinery Prax Group sued following the collapse of his business empire, a unit of Shard Credit Partners target a married couple believed to have inflated the value of their companies before selling them, and Aerofoil Energy reignite patent action against AFE Group over the design of its F1-inspired cooling units.

  • July 17, 2025

    Lenovo, Quectel Added To Avanci Patent Pool List

    Avanci has reached deals with Lenovo and Quectel to allow the China-based companies to be part of programs where automakers license their technologies for 4G and 5G connected vehicles, the patent pool operator announced Thursday.

  • July 17, 2025

    Fla. Judge Tosses Suits Over Errors In AI-Generated Filings

    A Florida federal judge on Thursday tossed four lawsuits that a disinfectant sprayer company brought against former executives and business associates after filings with fake legal citations produced by artificial intelligence were included in the record, saying the attorney who filed the documents violated duties owed to his clients.

  • July 17, 2025

    Stanford Trims Roche IP Suit, But Others Face Most Claims

    Stanford University was let out of all but one claim brought by subsidiaries of F. Hoffmann-La Roche AG over alleged trade secret theft, but a California federal judge allowed most claims to move forward against several Stanford professors and a startup they founded.

  • July 17, 2025

    NC Justices Urged To Let Property Foreclose In Debt Fight

    A company on the cusp of wrapping up the foreclosure sale of a Cornelius, North Carolina, land tract that is planned to be part of a larger mixed-use development has implored the state Supreme Court not to temporarily stay the sale.

  • July 17, 2025

    Jordan's NASCAR Team Loses New TRO Bid In Antitrust Row

    A North Carolina federal judge refused Thursday to guarantee two teams — one co-owned by basketball legend Michael Jordan and NASCAR driver Denny Hamlin — chartered cars while their antitrust suit unfolds, finding that they failed to show they'd endure harm in the immediate future.

  • July 17, 2025

    JPMorgan Chase Can't Force Arbitration In Client Racism Suit

    A Washington federal judge has rejected a bid by JPMorgan Chase Bank NA to send a customer's racial discrimination suit to arbitration, concluding the bank did not show the arbitration clause in its deposit account agreement is valid and enforceable against the plaintiff family.

  • July 17, 2025

    Mass. Cities Seek Order Forcing Trash Hauler To Honor Pacts

    Nearly three weeks after Republic Services workers went on strike, six Massachusetts communities went to court Thursday seeking an order compelling the trash hauler to immediately address what they say is a public health nuisance.

  • July 17, 2025

    Houston Texans Say No Thought Behind Ticket Holders' Suit

    A group of longtime Houston Texans season ticket holders told a judge Thursday that they were "blackballed" with increased prices after 20 years of loyalty, while the team countered that their antitrust claims "do not have a lot of thought."

  • July 17, 2025

    US Bank, NetSpeed Must Help In Conn. Atty's ID Theft Probe

    A Connecticut state court judge has directed U.S. Bancorp and internet service provider NetSpeed to provide documentation to an attorney who is alleging his identity was stolen and used to open fraudulent bank accounts.

Expert Analysis

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • Perfecting Security Interests In Renewable Energy Tax Credits

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    The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

  • 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.

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