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Commercial Contracts
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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.
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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.
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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.
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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.
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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."
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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.
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July 17, 2025
5th Circ. Affirms Nix Of Doctor's Captive Insurance Deductions
The owner of a Texas urgent care network is not entitled to $1 million in tax deductions for insurance premiums he paid to inside companies, the Fifth Circuit ruled, affirming the U.S. Tax Court's decision that the payments were not actually for insurance.
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July 16, 2025
Jane's Addiction Members Clash In Court Over Onstage Fight
Three members of Jane's Addiction on Wednesday sued vocalist Perry Farrell over an onstage altercation they say has destroyed the rock band's reputation and trademark, while in his own suit Farrell claims it is his bandmates who have jettisoned the group's success in favor of bullying him during performances.
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July 16, 2025
8th Circ. Sends Part Of OptumRx Pricing Fight To Arbitration
The Eighth Circuit partially reversed a ruling Wednesday that denied pharmacy benefits manager OptumRx's bid to send a drugstore's proposed class action over generics prescription reimbursements to arbitration, finding that OptumRx waived arbitration as to three claims, but an arbitrator must decide the fate of two recently pleaded claims.
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July 16, 2025
PR Consultant Wins Exit From Lively's 'It Ends With Us' Suit
A New York federal judge Wednesday dismissed a public relations consultant and his company from actress Blake Lively's lawsuit that accuses her "It Ends With Us" co-star and director, Justin Baldoni, of sexual harassment on set and trying to orchestrate a public relations campaign to "destroy" her reputation.
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July 16, 2025
Amazon Beats Class Suit Over Prime Video Ads For Good
A Washington federal judge has permanently ended a proposed class action against Amazon.com Inc. over the introduction of commercials on the company's Prime Video streaming service, reiterating on Wednesday her prior ruling that the company's subscriber terms permitted the change.
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July 16, 2025
Ex-Tech Exec Says Ga. Law Can't Hold Her To Trade Secrets
An ex-vice president of Georgia-based software firm Trinoor LLC said Tuesday that a trade secrets suit from her former company should be thrown out over contradictory language about which state's law ought to govern the spat.
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July 16, 2025
Senior Placement Co. Wants Out Of False Ad Suit
A company that places senior citizens in retirement homes has asked a Georgia federal judge to toss a proposed class action alleging it falsely advertised free services and steered business away from communities that declined to participate in its "pay-to-play" business model, arguing the claims were just "speculation and conjecture."
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July 16, 2025
Court Ditches Deutsche Bank Suit Over Lehman Claim Deal
A New York federal court has dismissed a Deutsche Bank suit claiming a Boston portfolio management firm is demanding unreasonable terms to close the acquisition of $906 million worth of claims in Lehman Brothers' long-running bankruptcy, finding the court lacked subject matter jurisdiction over the suit.
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July 16, 2025
Materials Co. Must Reimburse Chubb For $2.5M Settlement
A building materials supplier must reimburse two Chubb units for their $2.5 million payment to settle a lawsuit against the supplier over a railcar collision, a North Carolina federal court ruled, further rejecting the supplier's claims that they acted in bad faith and violated the state's deceptive trade practices law.
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July 16, 2025
Pac-12, Mountain West At Impasse On Poaching Fees Dispute
The Pac-12 and Mountain West conferences, fighting in California federal court since last September over millions in fees the Mountain West charged the Pac-12 for luring its members away to rebuild the league, will go back to court after mediation attempts failed.
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July 16, 2025
Chemical Co. Claims Partner Duped It With Arbitration Clause
Petrochemical company Indorama Ventures LLC has accused its Houston-area partner of slipping an arbitration clause into a chemical contract without its consent.
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July 16, 2025
Funkadelic Leader Seeks Sanctions In 'Baseless' Royalty Row
Parliament-Funkadelic bandleader George Clinton again asked a Michigan federal court to sanction the estate of the band's former keyboardist in their royalty row on Tuesday, telling the court the estate is pursuing "frivolous" claims to financially harm the still-touring musician.
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July 16, 2025
2nd Circ. Revives TM Suit Over Chinese Speaker Shipment
The Second Circuit has reinstated a trademark case from speaker manufacturer Altec Lansing over another company's purchase of speakers with Altec's branding from a Chinese company, saying Altec had created a genuine dispute over the nature of the sale.
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July 15, 2025
Ga. Judge Sends Online Casino Suit To Arbitration
A Georgia federal judge has dismissed a lawsuit over money lost on casino-style gambling websites like Luckyland Slots and Global Poker, saying the case can't move forward in the Peach State and must go to arbitration instead.
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July 15, 2025
Former IP Partners' Names Worth $52K, Expert Testifies
The names of two deceased law partners are worth between $28,000 and $52,000 per year to a Connecticut intellectual property boutique, an expert testified Tuesday during a federal court hearing in a valuation dispute between two of the late lawyers' colleagues.
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July 15, 2025
NC Docs Say Practice Duped Them Into Providing Free Labor
A trio of reproductive and women's health care physicians were enticed to sell their practice by promises of a brighter financial future, only to be forced into providing more than a year of free labor, the doctors say in a complaint designated to the North Carolina Business Court.
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July 15, 2025
FDIC Says Farella Braun Can't Get Fees In First Republic Suit
The Federal Deposit Insurance Corp. has asked a California federal court to toss a more than $50,000 legal fee claim tied to First Republic Bank's collapse, arguing that Farella Braun, the law firm behind the claim, failed to submit a valid written agreement or itemized invoices and its claim is legally insufficient.
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July 15, 2025
4th Circ. Won't Rethink Affirmance Of $8M KBR Award
The Fourth Circuit will not be rethinking its decision rebuff a Kuwaiti construction company's attempt to nix an $8 million arbitral award favoring Kellogg Brown & Root International, the appeals court has ruled.
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July 15, 2025
Modoc Nation Suit Against Computer Co. On Hold For Appeal
An Oklahoma federal judge has paused the Modoc Nation's $14.6 million lawsuit against a computer management company while a former attorney general for the tribe appeals his entitlement to sovereign immunity, ruling that the case will be stayed until the interlocutory appeal is resolved.
Expert Analysis
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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3 Mistakes To Avoid In Service Provider AI Terms
Every service provider contract doesn't need extensive artificial intelligence provisions, because when poorly drafted, they create impracticable obligations, miss important distinctions and may reflect wrong understanding of the law, says Chris Wlach at Huge Inc.
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5 Ways In-House Counsel Can Stay Ahead Of New HSR Rules
Now that the Trump administration’s new Hart-Scott-Rodino Act rules have been in effect for several months, in-house counsel should consider several practice pointers that can help spearhead management of M&A-related antitrust risk, say attorneys at Squire Patton.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Recent Complex Global Deals Reveal Regulatory Trends
An analysis of six complex global deals that were completed or abandoned in the last year suggests that, while such deals continue to face significant and lengthy scrutiny across the U.S, U.K. and European Union, the path to closing may have eased slightly compared to recent years, say attorneys at Weil.
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Google Damages Ruling May Spur Income Approach Usage
The Federal Circuit's recent decision in EcoFactor v. Google may affect the extent to which damages experts apply the market approach in patent infringement matters, and income approach techniques may assume greater importance, says Erin Crockett at Charles River Associates.
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Lessons From FTC Action On Dark Patterns In User Interfaces
The Federal Trade Commission's recent complaint against Uber for its billing and cancellation practices comes amid other actions addressing consumer confusion and deception, so it is paramount to deploy tools that assess customers' cognitive states of mind to separate lawful marketing from misconduct, says Ceren Canal Aruoba at Berkeley Research Group.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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11th Circ. Ruling Warns Parties To Follow Arbitral Rules
The Eleventh Circuit's recent decision in Merritt Island Woodwerx v. Space Coast is important for companies utilizing arbitration clauses because it clearly demonstrates the court's intent to hold noncompliant parties responsible in federal court — regardless of subsequent efforts to cure, says Ed Mullins at Reed Smith.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Trucking Litigation Will Shift Gears In The Autonomous Era
As driverless trucks begin to roll out across Texas, a shift in how trucking accidents will be litigated is swiftly coming into view, with the current driver-centered approach likely to be supplanted by a focus on the design, manufacture and performance of autonomous systems, says Geoffrey Leskie at Segal McCambridge.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.