Commercial Contracts

  • July 31, 2025

    10th Circ. Says Water Exclusion Bars Co.'s $1.75M Loss

    A Kansas office building's property insurer has no duty to provide coverage for roughly $1.75 million in repairs over a broken water pipe, the Tenth Circuit ruled, rejecting the building owner's argument that an exception in one exclusion conflicted with a separate exclusion for water damage.

  • July 31, 2025

    Anadarko Asks 5th Circ. To Back La. Suit Indemnity Win

    Anadarko Petroleum Corp. has asked the Fifth Circuit to uphold its indemnification win against an environmental remediation company in connection with a decade-old Louisiana kickback suit, writing that "one who makes his own bed must lie in it."

  • July 31, 2025

    Latham & Watkins Signs New Manhattan Office Lease

    Latham & Watkins LLP expanded its presence in midtown Manhattan by signing a 12-year lease for 12,000 square feet on two whole floors in RXR's building at 1285 Avenue of the Americas, RXR announced Thursday.

  • July 31, 2025

    NC Homebuyer Says Mortgage Co. Sent Kickbacks To Broker

    A homebuyer has accused a Raleigh, North Carolina, brokerage of taking kickbacks to refer borrowers exclusively to mortgage origination company CrossCountry Mortgage under a secret arrangement by executives of the two businesses, according to a complaint filed in federal court.

  • July 31, 2025

    4th Circ. Says Brokers Owe Atty Fees Over Case Removal Row

    A unanimous Fourth Circuit panel has affirmed a South Carolina federal judge's order requiring several financial firms to pay more than $63,000 in legal fees for improperly trying to remove a securities class action to federal court for a second time, but said they don't have to pay additional fees to cover the cost of the appeal.

  • July 31, 2025

    PE Firm Risking Contempt, Receiver In Del. Over Legal Bills

    Noting that unpaid legal bills might already support a contempt or limited receivership order against private equity 777 Partners, a Delaware magistrate in Chancery gave the company and its counsel a Monday deadline to report still-accumulating fee advancement debts.

  • July 31, 2025

    Witness' Use Of 'Fraud' Doesn't Cancel TV Sports Exec's Verdict

    The First Circuit rejected arguments by a former executive at the cable channel for the Boston Red Sox and Boston Bruins that a witness' use of the word "fraud" and testimony about his lavish spending tainted the jury that convicted him of a fake invoice scheme.

  • July 31, 2025

    NC Judge Questions Barings' Bid For Ex-Employees' Emails

    A North Carolina business court judge seemed leery Thursday of forcing former Barings' employees to fork over their personal emails and text messages as part of a deposition notice, suggesting Barings was trying to bypass U.K. law to get information from a foreign witness in its suit alleging former executives conducted a "corporate raid" to start a competing credit platform.

  • July 31, 2025

    Metal Singer Misused Band's Money, Fired Co-Founder Says

    The founding bassist for iconic metal band Hatebreed was abruptly fired over false accusations that he harassed a Connecticut venue worker, according to a lawsuit that also accuses the singer of mismanaging the group's money for his own gain.

  • July 31, 2025

    Split 3rd Circ. Expels Rutgers MBA Fraud Suit Over Standing

    The plaintiff leading a proposed class action against Rutgers University for allegedly cooking its MBA rankings by fudging job placement statistics doesn't have standing because he was in a different part-time certificate program, a split Third Circuit has ruled, affirming a New Jersey federal court's decision.

  • July 30, 2025

    No Philly Clause Is Valid In Med Mal Case, Pa. Panel Says

    A Pennsylvania appellate panel said Wednesday that a contract a patient signed before surgery mandating that any legal actions must be heard in Bucks County is valid and enforceable, affirming a trial court's transfer of the medical malpractice suit from plaintiff-friendly Philadelphia County.

  • July 30, 2025

    State Farm Ordered To Pay $54.6M Over Vehicle Valuations

    State Farm must pay more than $54.6 million across two class actions for underpaying the value of totaled vehicles via a "typical negotiation" deduction, a Washington federal court ruled, noting the plaintiffs provided "undisputed" evidence that State Farm violated the state's Consumer Protection Act.

  • July 30, 2025

    Comscore Says Box Office Data TRO In Antitrust Suit Is Bunk

    Media analytics giant Comscore has accused the film distribution and data company that's suing it for box office data monopolization of "gamesmanship," telling a California federal judge it had every right to cancel its contract with Atlas Distribution Co.

  • July 30, 2025

    6th Circ. Unsure It Can Toss Papa John's Leaked Audio Suit

    The Sixth Circuit grappled Wednesday with the fate of a lawsuit that the founder of Papa John's brought against a marketing agency alleging it leaked comments that led to his resignation, with one judge questioning the appellate court's jurisdiction to decide if a valid confidentiality agreement existed.

  • July 30, 2025

    Anesthesia Giant Keeps Poaching Claims In Antitrust Row

    A New York federal judge refused Tuesday to nix counterclaims from North America's largest anesthesia provider, facing a Syracuse hospital's antitrust allegations, accusing the hospital of illegally recruiting away dozens of its clinicians and thus interfering with its employment agreements.

  • July 30, 2025

    Peru Docs Bid In Toll Road Project Feud Improper, Court Told

    Asset manager Brookfield, law firm Cahill Gordon & Reindel LLP and Scotiabank are fighting efforts by Peru to force them to turn over documents in a feud stemming from an allegedly corrupt toll road project, arguing that the country is attempting an end-run around a previously unsuccessful petition.

  • July 30, 2025

    Software Co. Says Founder Can't Escape $9M Award

    Software investment company The Resource Group International Ltd. on Monday asked a New York federal judge not to let its former chairman, Invisalign inventor Zia Chishti escape a $9 million arbitration award against him, arguing it's too late to challenge the judgment now that it's been confirmed by the court.

  • July 30, 2025

    Traders Say Sanctioned Firm Can't Swap Plaintiff In $2.5M Suit

    A company facing trade sanctions cannot swap out another entity as a plaintiff in its suit targeting a crude oil sales firm's owners as it looks to collect $2.5 million based on an arbitral award, the owners have argued in Connecticut state and federal court.

  • July 30, 2025

    $1.6M UHC Reimbursement Suit Kicked Back To State Court

    A lawsuit alleging that United Healthcare of North Carolina Inc. underpaid a hospital system by at least $1.6 million in reimbursements does not belong in federal court, a North Carolina federal judge ruled Monday.

  • July 30, 2025

    Amazon Denied 'Mini-Trial' Against Shoppers' Proposed Class

    A Washington state federal judge summarily refused Wednesday to let Amazon interrogate the expert witness backing a bid for class action status covering tens of millions of consumers, finding that the proposal for evidentiary hearing, with cross-examination, is unneeded.

  • July 30, 2025

    Truist Triggered Employee Exodus, Not Ex-Execs, Court Told

    Three former executives who helmed the real estate finance arm of Truist Financial Corp. and their new employer are seeking a pretrial win in the bank's poaching case, telling a North Carolina state court judge they aren't to blame for Truist's alleged bad business decisions.

  • July 30, 2025

    Judge Unsure Of Broad Liability Shield Theory In Fraud Suits

    A Michigan federal judge on Wednesday pressed an attorney representing automation equipment manufacturers in fraudulent transfer suits on if their argument that their system of layered automated credit payments frees them from liability would allow every business to get around an act designed to prevent fraud in the construction industry.

  • July 30, 2025

    Atty Sues Leech Tishman Over Referral Amid Girardi Scandal

    An attorney at Hunt Ortmann Palffy Nieves Darling & Mah Inc. has sued Leech Tishman Nelson Hardiman in California state court for allegedly refusing to pay her a $300,000 referral fee after she convinced her CEO father to hire the firm to represent him.

  • July 29, 2025

    Posner Wage Theft Claims Should Be Revived, 7th Circ. Told

    A former staffer for retired U.S. Circuit Judge Richard Posner has asked the Seventh Circuit to review federal court rulings in his loss of wage theft claims against the ex-judge, arguing an Indiana federal judge permitted a botched discovery process and prematurely dismissed claims while fact issues remained.

  • July 29, 2025

    $32M Verdict Holds Up In Curaleaf Pot Farm Dispute

    A Michigan federal judge on Tuesday said he was "waving goodbye" to a years-old case as he denied Curaleaf units' bid to unravel a $32 million verdict in favor of a marijuana farm that alleged the companies breached a sales contract, finding the jury had enough evidence to support its decisions.

Expert Analysis

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • 4th Circ. Health Data Ruling Opens Door To State Law Claims

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    In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • 5 Key Licensing Considerations For AI Innovations

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    As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • How The CRE Industry Is Adapting To Tariff Uncertainty

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    Amid uncertainty about pending tariffs and their potential ripple effects, including higher material costs, supply chain delays and tighter margins, commercial real estate industry players are focusing on strategic planning and risk mitigation, says Daniel Diaz Leyva at Day Pitney.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • How Attorneys Can Master The Art Of On-Camera Presence

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    As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • 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.

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