Commercial Contracts

  • September 23, 2025

    Conn. Atty Denies Blame For Title Co.'s $920K Refinancing Loss

    A Connecticut lawyer sought to fend off arguments in state court by Fidelity National Title Insurance Co. that his alleged mistakes on a $2.5 million refinancing led to a $920,000 loss for the insurer, claiming he and the company owed distinct duties to a policy-holder.

  • September 23, 2025

    Cannabis Fertilizer Cos. Say They've Made Peace In TM Case

    Rival fertilizer-makers Athena AG Inc. and Advanced Nutrients US LLC have reached a tentative deal to end a trademark dispute involving their cannabis-focused products, the companies told a federal judge in Washington just days after the court cleared the case for trial.

  • September 22, 2025

    Oracle To Secure TikTok Users' Data In Deal To Skirt US Ban

    Tech giant Oracle will be tasked with safeguarding U.S. TikTok users' personal data, and the app's recommendation algorithm will be "retrained" and operated outside the control of TikTok's Chinese parent company under a deal that President Donald Trump is expected to sign this week to avert a shutdown of TikTok, the White House said Monday. 

  • September 22, 2025

    Meta Can't Ditch Revived Contract Fight Over Scam Ads

    A California federal judge Monday trimmed a proposed consumer class action against Meta Platforms Inc. over Chinese vendors' scam ads on Facebook and Instagram that was recently revived by the Ninth Circuit, tossing for good a negligent failure-to-warn claim, but keeping intact the consumers' remaining contact claims.

  • September 22, 2025

    Judge Blocks New Claims In BNY Mellon Self-Dealing Suit

    A pair of investors with the Bank of New York Mellon can't use an amended complaint to raise a relatively new theory of liability against the bank nearly five years after filing their original suit, a Pennsylvania federal judge ruled Monday.

  • September 22, 2025

    Freight Broker, Widow Tell 4th Circ. To Note Preempted Claims

    Echo Global Logistics Inc. and a widow suing the freight broker over a 2022 South Carolina trucking accident have called the Fourth Circuit's attention to recent appellate decisions that have further divided courts considering whether freight brokers can be held liable for allegedly negligently picking motor carriers.

  • September 22, 2025

    Contractor's Insurers Owe $7M For Bridal Shop Fire, Suit Says

    A bridal shop said a contractor's insurers must pay their combined $7 million policy limits toward a $38 million judgment in an underlying suit over a fire caused by the contractor's demolition work at another property, according to a complaint removed to New York federal court Monday.

  • September 22, 2025

    Judge Lets Suit Over Audible's Expiring Credits Move Forward

    A Washington federal judge has declined to toss a consumer's proposed class action against Audible Inc. over the expiration dates on membership "credits," saying such vouchers don't have to be backed by a specific cash value to be covered by the Evergreen State's gift card law.

  • September 22, 2025

    Fifth Third Can Keep $30M In Escrow Fight, Judge Rules

    A New York federal judge has sided with Fifth Third Bank in a $30 million escrow fight, finding its claim notice over alleged "platform fee" violations was timely and valid, in a ruling that will require the suing private equity seller to return $10 million that was already released.

  • September 22, 2025

    Judge Gets More Details On Proposed $1.5B Anthropic IP Deal

    Authors who have inked a proposed $1.5 billion deal to end their copyright class action against artificial intelligence developer Anthropic PBC are saying they have worked out all the issues a California federal judge pointed out when he initially declined to give the deal approval.

  • September 22, 2025

    5th Circ.'s 340B Ruling 'Limited,' Pharma Cos. Tell 4th Circ.

    The Fifth Circuit's recent refusal to block a Mississippi law regulating the delivery of discounted drugs to rural providers can't be wielded by West Virginia in its battle over the law's constitutionality because of the distinctions between the two state laws, a coalition of pharmaceutical companies told the Fourth Circuit.

  • September 22, 2025

    Ga. College Can't Slip $240K Loss For Athletic Conference Exit

    A rural Georgia college will be forced to pay $240,000 in damages to the athletic conference it left several years ago after the Georgia Court of Appeals backed the conference Monday in a dispute over whether their contract's fee provision was enforceable.

  • September 22, 2025

    Experian Asks 4th Circ. To Reverse Arb. Ruling In FCRA Suit

    Consumer reporting agency Experian has asked the Fourth Circuit to overturn a lower court's decision concerning the arbitration of a lawsuit brought by a consumer falsely reported as dead, saying the judge was wrong not to enforce clauses in the consumer's agreement that delegated such decisions to an arbitrator.

  • September 22, 2025

    Amex Can't Push 'Illusory' Arbitration Over 'Anti-Steering' Rule

    A putative class of businesses does not have to arbitrate claims that American Express violated antitrust laws by effectively preventing merchants that accept credit cards from incentivizing customers to use lower-fee cards, after a Massachusetts federal court ruled it will not "close its eyes" to the "illusory" arbitration agreement.

  • September 22, 2025

    Social Media Co. Calls For Disqualification Of Influencer's Atty

    A social media optimization company has moved to disqualify a social media influencer's attorney from a copyright infringement suit in Texas federal court, saying attorneys from the same firm had previously met with the company in meetings where confidential information was discussed.

  • September 19, 2025

    Judge Won't Enforce Injunction Against Pot Co. Shareholder

    A Colorado state judge denied a Canadian cannabis company's request for a preliminary injunction against an investor Friday, finding that the injunction request was too broad, and many of the requests needed to be litigated elsewhere.

  • September 19, 2025

    Film Co. Founders Accused Of $1.2M Con For Fake Pot Co.

    A Los Angeles film company and its founders are accused of fraudulently taking $1.2 million from a private equity fund, spending it on luxury properties, artwork and their existing ventures, but never putting a dime of the loan on its intended purpose, launching a "booming cannabis empire," according to a lawsuit filed in California state court.

  • September 19, 2025

    Call For Gov't Cut Of University Patent Cash Spurs Concern

    Commerce Secretary Howard Lutnick's comments that the government should get as much as half of the revenue that universities generate from patents developed with federal funding have caused worry among industry groups and attorneys, who say it would inhibit efforts to commercialize publicly funded inventions.

  • September 19, 2025

    PTAB Invalidates Johns Hopkins Patent In Keytruda Fight

    The Patent Trial and Appeal Board has invalidated an anti-cancer therapy patent owned by Johns Hopkins University, handing a win to challenger Merck Sharp & Dohme LLC in a larger fight relating to Merck's Keytruda treatment.

  • September 19, 2025

    DC Judge Cuts Proud Boys Atty's Bill To Researcher

    A D.C. federal judge reduced the amount an attorney who represented Proud Boys members in their Jan. 6 criminal trial owes to a researcher who sued him over unpaid work, dropping a jury's award of $77,000 to just $30,000.

  • September 19, 2025

    Surgery Center Wins Contract Fight With Spine Doc

    A Colorado federal jury Thursday sided with Arete Surgical Centers LLC in a contract fight with a spine surgeon in which each party accused the other of violating a settlement agreement over an earlier dispute, awarding the center just over $300,000.

  • September 19, 2025

    Shareholders Urge Sanctions Over Telecom Tower Seizures

    Majority shareholders of a Latin American telecommunications tower operator should be sanctioned for ignoring a court order to hand over documents related to an action the company lodged in Guatemala, a group of minority shareholders have told a New York federal judge.

  • September 19, 2025

    India Can't Challenge Immunity Ruling In $111M Award Suit

    Canada's highest court has refused to review a Quebec appellate court's decision shutting down India's sovereign immunity defense in litigation to enforce a $111 million arbitral award to investors and shareholders in Devas Multimedia Services and reinstating a $37.5 million seizure order.

  • September 19, 2025

    Co. Tied To Lehman Ex-Restructuring Chief Faces Loan Suit

    A holding company linked to Lehman Brothers' post-2008 era restructuring professional defaulted on a commercial loan secured by a large office building and now owes a reinsurer about $19.5 million, according to a lawsuit brought in North Carolina's business court.

  • September 19, 2025

    NFL Warns Arb. Ruling Could Disrupt Sports Dispute Process

    The NFL has asked the Second Circuit for a rehearing on its finding that the league provides arbitration "in name only" because its process lacks neutrality, arguing that the decision will disrupt long-standing procedures across professional sports and undermine a league's authority to resolve disputes.

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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