Commercial Contracts

  • December 10, 2025

    Court Asks If Morgan Stanley Liable In Alleged $250M Scheme

    A Texas appellate court pressed a company to explain how it seeks to hold Morgan Stanley accountable for an executive's alleged kickback scheme involving $250 million in mineral interests, asking Wednesday how the bank bears responsibility if it didn't take part in the underlying contract.

  • December 10, 2025

    Judge Denies Bid To Halt Discovery In Refugee Ban Suit

    A Washington federal judge has denied the Trump administration's request to halt discovery in a lawsuit challenging its suspension of refugee admissions and resettlement funding ahead of a forthcoming Ninth Circuit ruling on court orders that temporarily blocked its actions.

  • December 10, 2025

    Calif. Bar Exam Proctor Fights To Dismiss Class Claims

    The company that proctored the fraught California Bar Exam in February wants to end a proposed class action brought by test-takers claiming they are owed monetary relief for funds they spent on the exam, which was rife with technical errors, though both sides have indicated they are open to a settlement agreement.

  • December 10, 2025

    Del. Justices Probe Charter Defense Rights In VoiP Fight

    A Delaware Supreme Court panel on Wednesday pressed an attorney for Charter Communications Holding on the company's obligation to provide notice that a supplier's patents — and its duty to defend — were entangled in a Sprint Communication infringement suit against Charter and affiliates.

  • December 10, 2025

    Justices Chew Over 'Close' Case On Fund Contract Disputes

    The U.S. Supreme Court on Wednesday waffled over whether there was a private right to sue to void contracts that allegedly violate the Investment Company Act, with Justice Brett Kavanaugh saying that a decision on the case involving an activist investor's voting rights would be "extremely close."

  • December 10, 2025

    Magistrate Backs FinCEN Rules In All-Cash Real Estate Deals

    A magistrate judge in Florida federal court rejected arguments from a title insurance company in upholding a U.S. Department of Treasury rule establishing new reporting requirements for all-cash residential real estate transactions as a means of combating financial crime.

  • December 09, 2025

    'Stop Asking Questions': NASCAR Leaks Team's Finances

    NASCAR blindsided a former race car driver Tuesday in its antitrust trial by exposing his team's financial data to the jury despite an alleged nondisclosure agreement, provoking a cascade of objections from the opposition and a reproach from the bench.

  • December 09, 2025

    States Ask Justices To Curtail Federal Trucking Law Shield

    Ohio and 28 other states have urged the U.S. Supreme Court to hold that a federal trucking industry law can't shield freight brokers from certain state-based injury claims, arguing Congress did not intend to undermine states' authority over regulating road safety.

  • December 09, 2025

    Uber May Win Sanctions On Atty Who Disclosed MDL Docs

    A California federal judge said Tuesday it appeared an attorney for plaintiffs claiming Uber failed to protect passengers from sexual assault "acted in a cavalier manner" with a protective order in the multidistrict litigation, but didn't rule on Uber's requests for monetary sanctions nor its bid to kick the attorney off the plaintiff steering committee.

  • December 09, 2025

    Path Cleared For Turkish Contractor To Seize Libyan Assets

    A D.C. federal court has ruled that a Turkish construction company may proceed with attaching Libyan government assets in the United States to satisfy an approximately $30 million judgment, finding that enough time has passed without a response from the country since the decision was entered.

  • December 09, 2025

    NY Appeals Court Revives $77M Solar Plant Guaranty Fight

    A New York state appeals court on Tuesday revived a lawsuit from solar facility operators seeking to enforce a more than $77 million arbitration award against Italian energy conglomerate Enel SpA, finding Enel's guaranty agreements with the operators are ambiguous.

  • December 09, 2025

    7th Circ. Mulls Pension Plan's Decision To Expel Penske Unit

    A Seventh Circuit judge on Tuesday suggested Penske's push for the judicial review of trustees' internal decision-making was a "long and new stretch" in a dispute over whether a Teamsters pension plan had the power to expel a Penske bargaining unit in Dallas, questioning what law authorizes such scrutiny.

  • December 09, 2025

    10th Circ. Greenlights Arbitration In Chase Bank Racism Suit

    The Tenth Circuit on Monday reversed a lower court ruling that blocked JP Morgan Chase & Co. from taking to arbitration a lawsuit brought by a customer who alleges a Colorado branch manager racially discriminated against her. 

  • December 09, 2025

    GM Says Air Condition Claims Too Individual For Class Cert.

    General Motors LLC on Monday urged a Michigan federal judge to reject a new request to certify a proposed class of consumers who allege the automaker sold vehicles with air conditioning defects, pointing to recent Sixth Circuit rulings to argue that the claims are too individual to be grouped in a class.

  • December 09, 2025

    CoStar Urges Justices To Review Revived Antitrust Claims

    CoStar is asking the U.S. Supreme Court to review a Ninth Circuit ruling reviving antitrust counterclaims from a rival commercial real estate platform, saying the appeals court accepted a novel theory of what constitutes exclusive dealing.

  • December 09, 2025

    Justices Told To Not Review Who Can Protest Gov't Contracts

    A company selected for a $376.4 million military contract urged the U.S. Supreme Court to not disturb the Federal Circuit's decades-old statutory interpretation that an "interested party" in procurement disputes is restricted to actual or prospective bidders.

  • December 09, 2025

    Co-Founder Gave Up Stock Rights, Weapons Co. Tells Chancery

    Armaments Research Co. Inc., a weapons analytics company that uses AI, told the Delaware Chancery Court on Tuesday that its co-founder relinquished the contractual rights he now seeks to enforce over the valuation of his repurchased shares.

  • December 09, 2025

    Amazon Still Can't Claw Back FTC Probe Documents

    A Washington federal judge refused Monday to reconsider his order allowing the Federal Trade Commission to hold on to documents produced in the investigation preceding its antitrust lawsuit accusing Amazon of creating an artificial pricing floor, concluding the online retail giant never clearly argued any material was produced "inadvertently."

  • December 09, 2025

    NJ Builder Says Court Can Decide Tunnel Labor Row

    The Third Circuit's finding that federal labor law blocks courts from stopping National Labor Relations Board cases doesn't apply to a builder's bid to block an imminent bidding deadline on the lucrative Hudson Tunnel Project, the builder and a unionized employee told a New York federal judge.

  • December 09, 2025

    Marsh Rival Wants Out Of Employee Poaching Scheme Suit

    An insurance company accused by Marsh & McLennan Agency of poaching an employee has asked a Manhattan federal judge to dismiss Marsh's suit, saying the court had no jurisdiction because the claims had not been sufficiently tied to New York.

  • December 09, 2025

    Sens. Propose NIL Accounts To Help Students Grow Earnings

    Two U.S. senators introduced legislation Monday to allow the growing number of college student-athletes inking name, image and likeness deals with companies to create tax-advantaged investment accounts to save some of their earnings.

  • December 08, 2025

    NASCAR Owes Teams $364M For Monopoly Harm, Jury Told

    Two NASCAR teams — including one owned by Michael Jordan — are seeking more than $364 million in damages from the private stock car racing organization in their lawsuit claiming the league made it impossible for a rival series to form, the teams' expert testified Monday.

  • December 08, 2025

    X Claims Engineer Stole 6M Lines Of Code To Launch New Co.

    X Corp. is accusing a fired software engineer of stealing trade secrets to start her own company, alleging in a federal lawsuit that she exploited upheaval following Elon Musk's April 2022 purchase of the Twitter social media platform to download 6 million lines of proprietary source code. 

  • December 08, 2025

    4th Circ. Backs EIDP In Dispute Over Annuity Reductions

    The Fourth Circuit backed agricultural chemical giant EIDP Inc. and its retirement plan administrator in a Monday opinion, finding that unambiguous contract language doomed the revival of a lawsuit from a retired employee who said his monthly benefit was unfairly reduced.

  • December 08, 2025

    Ex-Archetype Capital Exec Hit With Trade Secret Injunction

    A Nevada federal court on Friday temporarily blocked the former executive of a litigation finance business from using its trade secrets, finding the evidence indicates that his new law firm employer leveraged its proprietary mass tort review system. 

Expert Analysis

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • 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.

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