Commercial Contracts

  • July 09, 2025

    Microsoft IT Supplier's Suit May Be Doomed, 9th Circ. Hints

    A Ninth Circuit panel picked apart a cybersecurity firm's appeal Wednesday in a case accusing Microsoft of misusing a proprietary database of login credentials recovered on the dark web, with one judge remarking that the conduct in question was "expressly permitted" by the parties' agreement.

  • July 09, 2025

    11th Circ. Rules Against Hotelier In Arbitration Battle

    The Eleventh Circuit on Tuesday affirmed a bankruptcy court's annulment of an automatic stay to allow enforcement of an arbitral award issued in a dispute over a failed $250 million hotel conglomerate, rejecting arguments that the order was barred under a 2020 U.S. Supreme Court decision.

  • July 09, 2025

    Quinn Emanuel Says 'Spite' Behind Unpaid $30M Legal Tab

    The new owners of a business that was forced by Quinn Emanuel Urquhart & Sullivan LLP attorneys to honor a merger agreement are refusing to pay a $30 million legal bill "out of spite," the firm has alleged in Massachusetts state court.

  • July 09, 2025

    Most Claims Tossed In $60M Mortgage Loan Sale Fraud Case

    Western Alliance Bank and others have escaped several claims in a $60 million suit accusing them of conducting a mortgage loan sale scheme to steal an investment management firm's property rights in the loans and their proceeds.

  • July 09, 2025

    NJ Justices Revive Bias Suit After Altice Evidence Falls Short

    The New Jersey Supreme Court on Wednesday revived an Altice USA customer's discrimination suit against the cellular provider, ruling that there is not enough evidence to show that it was a regular business practice of Altice to email customers an agreement containing an arbitration provision.

  • July 09, 2025

    4th Circ. Rejects Machinery Co.'s 3rd Try At Trade Secrets Suit

    The Fourth Circuit on Wednesday shot down a Taiwanese manufacturer's third attempt to pursue claims of trade secrets theft against its North Carolina distributor, rebuffing the idea that a manufacturer can hold distributors liable for misappropriation if they sell a rival's product.

  • July 09, 2025

    Telecom Consultant Seeks To Enforce Nonsolicitation Deals

    A Pittsburgh-based telecommunications consulting firm says three of its employees joined up with a competitor and violated their nonsolicitation agreements by taking certain customers and jobs with them, according to a lawsuit filed in Pennsylvania state court.

  • July 08, 2025

    5th Circ. Wary To Let Surety Stick Chevron With $11M Bill

    A Fifth Circuit panel seemed skeptical of a surety company's argument that BP and Chevron need to pony up $11 million to pay for decommissioning costs, asking Tuesday what to do with contractual language that seemingly absolved them of having to pay that bill.

  • July 08, 2025

    11th Circ. Rejects Fla. Jurisdiction In $17M Cheese Fraud Case

    The Eleventh Circuit declined Tuesday to revive a lawsuit accusing Savencia Cheese USA LLC and its executives of fraudulently selling two Florida companies a worthless cheese distribution company for $17 million, finding that the presence of deal counsel in Miami is not enough to keep the suit in Florida federal court.

  • July 08, 2025

    Wells Fargo Seeks Dismissal Of COVID-19 Mortgage Suit

    Wells Fargo said a North Carolina woman's claims that the bank forced the short sale of her home by denying her forbearance on her mortgage as mandated under federal law at the onset of the COVID-19 pandemic should be dismissed for several reasons, including that the short sale never actually occurred.

  • July 08, 2025

    4th Circ. Revives Medical Device Co.'s Claim In Contract Suit

    The Fourth Circuit on Tuesday revived a medical device maker's breach of contract claim alleging a company it hired to manage its patents globally overcharged for services, sending the case back to a Virginia federal court.

  • July 08, 2025

    Insurer Fights Coverage For $13M Townhome Arbitration Row

    An insurer told a Washington federal court it has no duty to defend or indemnify a developer facing a nearly $13 million arbitration demand from a construction lender, which claims the developer misrepresented the completion of underground facilities at a Seattle townhome project while requesting funds for the work.

  • July 08, 2025

    Metal Trader Eyes Jurisdiction Fight In $3.7M Int'l Trade Feud

    A Taiwanese company that says a Connecticut metals trading firm owing it $3.7 million for magnesium shipments has signaled its intent to press a claim under the United Nations Convention on Contracts for the International Sale of Goods in Connecticut federal court, despite a subject matter jurisdiction challenge.

  • July 08, 2025

    'Practice Better Judgment,' Judge Tells Comscore Foe

    A California federal judge "strongly" admonished a film distribution and data company for filing an amended monopolization complaint against Comscore on the Fourth of July, while also concluding that the filing mooted, for now, a bid to force the box office giant to continue sharing data.

  • July 08, 2025

    Tenet Sues Blue Cross Over $21M In Unpaid Medical Claims

    Tenet Healthcare providers have sued Blue Cross and Blue Shield of Florida Inc., claiming the insurer failed to pay more than $21 million in claims for a slew of necessary medical services provided by Tenet hospitals and outpatient facilities.

  • July 08, 2025

    Wash. Law Firm Settles Investors' Suit Over $1M Escrow Loss

    A Washington-based law firm has settled a lawsuit in which investors accuse it of losing $1 million in escrow funds intended as a security deposit on a medical supplies purchase, the parties have informed a federal judge just weeks before the scheduled trial date.

  • July 08, 2025

    Amazon Wants To Challenge Class Cert. Bid On The Stand

    Amazon has asked a Washington state federal judge to let it interrogate the expert witness backing a bid for class action status covering tens of millions of consumers, arguing that an evidentiary hearing, with cross-examination, is needed in the antitrust litigation accusing it of keeping online retail prices artificially high.

  • July 07, 2025

    6th Circ. Affirms Toss Of 'Que Sera, Sera' Writer's Family Spat

    The Sixth Circuit Monday refused to revive a royalties spat between the granddaughter and daughter of Jay Livingston, the late Oscar-winning co-songwriter of "Que Sera, Sera," saying in a published opinion that the granddaughter failed to plausibly allege that her mom's bids to terminate copyright grants were invalid.

  • July 07, 2025

    FTC Wants More Time To Present Case Against Amazon Prime

    The Federal Trade Commission asked a Washington federal judge for 10 days to put on its case-in-chief against Amazon over alleged deceptive practices that trick customers into automatically renewing Prime subscriptions, arguing the evidence at the upcoming trial would be "voluminous and complex," and lengthening the trial won't prejudice Amazon.

  • July 07, 2025

    Aetna's Trade Law Claim Lacks Merit, Air Ambulance Cos. Say

    Six out-of-state air ambulance companies suing Aetna in Connecticut federal court claiming violations of the federal No Surprises Act say they shouldn't be forced to face the insurer's Connecticut Unfair Trade Practices Act counterclaim because their billing practices were for a time allowed by federal law.

  • July 07, 2025

    11th Circ. Backs UBS' $6.5M Arbitration Win

    The Eleventh Circuit has rejected a Puerto Rican man's bid to vacate a roughly $6.5 million arbitration award given to UBS Financial Services Inc. that stems from a long-running account contract dispute, finding there was no misconduct in the proceedings.

  • July 07, 2025

    4th Circ. Revives SC Builder's Bid For Condo Repair Coverage

    A Charleston builder will get a second chance at recouping the money it spent repairing a condo complex that flooded after the Fourth Circuit on Monday partially vacated a pretrial win favoring its insurer, finding there are still unanswered questions about whether certain costs might be covered under its policy.

  • July 07, 2025

    Fanatics Told To Give Panini Licensing Docs In Antitrust Case

    A New York federal court said Monday that Fanatics Inc. must turn over unredacted versions of its licensing deals with major sports leagues and player associations that are at the heart of Panini America Inc.'s case accusing Fanatics of monopolizing the sports trading card market.

  • July 07, 2025

    Texas Appeals Court Finds $50M Dubai Judgment Was Unfair

    A Texas appeals court has found that a $50 million judgment issued by a United Arab Emirates court system against executives who allegedly fled the country after committing fraud could not stand under state law, saying the UAE court system never provided the executives adequate notice.

  • July 07, 2025

    Newark Property Buyer Wins Appeal Over Axed $32.8M Sale

    A New Jersey appellate panel on Monday upheld a trial court's ruling that a real estate investment firm properly terminated its $32.8 million purchase agreement for a mixed-use building in Newark after receiving a noncompliant estoppel certificate from one of the tenants, rejecting the seller's argument that the certificate's deficiencies were immaterial.

Expert Analysis

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • If Elphaba Had Signed A Restrictive Covenant In 'Wicked'

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    Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • Notable Q4 Updates In Insurance Class Actions

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    In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy

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    A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.

  • 10 Issues To Watch In Aerospace And Defense Contracting

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    This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.

  • Series

    Competitive Weightlifting Makes Me A Better Lawyer

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    The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.

  • Pier Pressure: Contract Takeaways From Pa. Ocean Liner Suit

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    The settlement that resolved the fate of the landmark SS United States ocean liner illustrates important lessons on managing contract disputes, illuminating common trade-offs such as the choice between deferred legal risk and the cost of legal foresight, says Christopher Seck at Squire Patton.

  • Opinion

    Inconsistent Injury-In-Fact Rules Hinder Federal Practice

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    A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.

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