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Commercial Contracts

  • June 17, 2025

    Nielsen Sues Consumer Behavior Co. Over 'Buyer's Remorse'

    The Nielsen Co. has sued consumer behavior adviser Circana in Delaware Chancery Court seeking an order requiring it to close on the deal it reached to buy two of its marketing and advertising businesses, saying Circana has "buyer's remorse" despite knowing a competitor was ready to sabotage one of the businesses.

  • June 17, 2025

    Safety Co. Demands Sanctions Over No-Show Witnesses

    Safety inspection company UL LLC has sought $13,500 in sanctions and a court order to compel two Chinese solar companies to produce key witnesses in a dispute over counterfeit UL marks, accusing them of last-minute cancellations and monthslong delays.

  • June 17, 2025

    Democrats Probe Palantir About IRS Taxpayer Database

    Ten Democratic lawmakers demanded information Tuesday from the head of Palantir Technologies Inc. about media reports that the software company is working with the IRS to create a searchable database containing sensitive taxpayer information — claims the company denied almost immediately.

  • June 17, 2025

    Firms Fight To Rep End Users In PVC Pipe Antitrust Row

    Several law firms are duking it out for a lead counsel appointment representing a new class of end-user plaintiffs in consolidated litigation accusing PVC pipe companies of using a commodity pricing service to exchange information and illegally fix prices, with Pearson Warshaw LLP, Kirby McInerney LLP, Fegan Scott LLC and Levin Sedran & Berman LLP making bids.

  • June 17, 2025

    Google Opposes Advertisers' Ad Tech Class Cert Bid

    Google told a New York federal court that the advertiser seeking to represent a class of more than 2 million members in multidistrict litigation accusing the tech giant of monopolizing key digital ad technology spent less than $500 on Google Ads during the class period.

  • June 17, 2025

    Litigation Firm Kaplan Martin Hires Ex-Cadwalader Partner

    Kaplan Martin LLP, a civil and commercial litigation firm launched last year by Roberta Kaplan, announced on Tuesday the hiring of a former partner at Cadwalader Wickersham & Taft LLP.

  • June 17, 2025

    School's Out: 8 Summer Reading Picks For IP Attorneys

    For busy intellectual property attorneys, summer can present the perfect opportunity to catch up on some reading, whether it's a treatise on contracts in the entertainment sector or a vivid work of science fiction that has the potential to bring new perspective to one's personal and professional lives.

  • June 17, 2025

    BowFlex Recall Burdens Buyers Of 3.7M Dumbbells, Suit Says

    A BowFlex buyer is suing the brand's new owner in California federal court, alleging that a recall of defective adjustable dumbbells wrongly leaves out the vast majority of the product's buyers, covering only about 100,000 of the 3.8 million products sold.

  • June 17, 2025

    Former Antitrust Enforcers Launching New Firm

    Former enforcers from the Federal Trade Commission and the U.S. Department of Justice launched a new law firm on Tuesday, Simonsen Sussman LLP, to bring cases on behalf of entrepreneurs, small businesses, workers and other victims of anticompetitive practices.

  • June 16, 2025

    Life Spine Accuses Ex-CEO Of Stealing Money, Trade Secrets

    Spinal device maker Life Spine slapped its founder with a civil suit in Illinois state court Friday accusing him of embezzling millions of dollars from the company through fraudulent credit card charges for motorsports, a lavish Mexico vacation for his family, customized golf clubs, jewelry and a Porsche for his wife. 

  • June 16, 2025

    Colo. Quarry Co. Botched Blasting Job, NC Supplier Says

    A blasting services and distribution company used unqualified personnel, made design errors and failed to supervise an explosives operation at a Colorado quarry, a construction company alleged in North Carolina federal court.

  • June 16, 2025

    Paddle.com To Pay FTC $5M Over Tech Support Scam Claims

    Payment processing company Paddle.com Market Ltd. agreed on Monday to pay $5 million to settle a suit brought by the Federal Trade Commission accusing it of assisting and processing payments for tech support scams.

  • June 16, 2025

    Krispy Kreme Brass Face Investor Suit Over McDonald's Deal

    Officers and directors of doughnut chain Krispy Kreme Inc. are facing shareholder derivative claims that they concealed that a partnership with burger chain McDonald's was yielding disappointing results, hurting investors when the company finally conceded that it was facing financial uncertainty in connection with the deal.

  • June 16, 2025

    Telecoms Shareholder Gets Sanctions Lifted In Control Fight

    A New York federal judge has vacated his order sanctioning an investor in telecommunications infrastructure firm Continental Towers LATAM Holdings Ltd. for ignoring arbitral awards issued in a bitter, yearslong dispute over control of the company, saying the man wasn't properly served.

  • June 16, 2025

    Petroleum Co. Owes $21M In Withdrawal Liability, Fund Says

    Petroleum company Sieveking Inc. was hit Monday with a $21 million withdrawal liability suit in Illinois federal court by a pension fund that says the company should be paying off its balance while it asks an arbitrator to weigh in.

  • June 16, 2025

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery this past week sought answers in the high-stakes battle over the constitutionality of newly enacted Delaware corporation law amendments, which will hitch a ride to the state's Supreme Court via a suit contesting a $117 million acquisition of Clearway Energy Inc. by its majority shareholder.

  • June 16, 2025

    Garbage-Truck Maker, Ex-Exec Stole Trade Secrets, Jury Told

    Counsel for a fleet management technology firm told an Illinois federal jury Monday afternoon that a garbage-truck manufacturer it worked with to develop a system for monitoring waste-hauling vehicles breached their contract when it poached one of its executives and used confidential information he brought with him to build a competing product.

  • June 16, 2025

    Texas Panel Says NY Law Applies In Tornado Coverage Row

    An Illinois-based company must litigate its insurance coverage battle over merchandise damage from a Dallas tornado under New York law, a Texas appeals court affirmed, finding the company's "legal injury" took place in New York.

  • June 16, 2025

    Pitt Can't Sell VIP Seats While Ticket Holder Seeks Injunction

    A Pennsylvania state court judge enacted an emergency injunction Monday for a longtime University of Pittsburgh basketball season ticket holder, preventing the school from placing his courtside seats back into the ticket pool.

  • June 16, 2025

    Fed. Circ. Reverses False Ad Verdict Against ThermoLife

    The Federal Circuit on Monday reversed a Florida federal court's decision that ThermoLife falsely promoted amino acid products used in supplements and engaged in unfair competition, but backed a sanctions award over a licensing agreement issue.

  • June 16, 2025

    Live Nation Arbitration Firm Defends Its 'Flexible' Approach

    Live Nation's chosen arbitration firm is urging the U.S. Supreme Court to take up the concert giant's bid to force concertgoers into arbitration, arguing its procedures are fair, and it was wrongly dinged for what the Ninth Circuit called "internally inconsistent, poorly drafted" arbitration rules.

  • June 16, 2025

    4th Circ. Says No Premium Refunds Under Fed. Mortgage Law

    A Virginia homeowner cannot recover premiums he'd prepaid for private mortgage insurance under a federal law mandating such insurance for certain borrowers, the Fourth Circuit ruled Monday, finding the Homeowners Protection Act of 1998's premium refund provisions do not extend to voluntary insurance cancellation agreements.

  • June 16, 2025

    Norton Rose Fulbright Says It Was Duped By Legal Tech Co.

    Norton Rose Fulbright US LLP has accused the company behind a cloud-based legal workflow product of duping it into using its services and keeping client files without permission once their contract expired.

  • June 16, 2025

    Biz Seller Seeks Atty Fees After Win In 'Frivolous' Fraud Case

    The former owner of a North Carolina concrete company is seeking attorney fees after defeating a buyer's fraud suit in a rare midtrial victory, saying her opponent should have to cover her legal costs for bringing claims to trial that were both "frivolous" and "malicious."

  • June 13, 2025

    McDonald's Inks Confidential Deal In $10B Race Bias Suit

    McDonald's has reached a confidential settlement with film and television executive Byron Allen's companies resolving a $10 billion suit claiming the fast food chain discriminates against Black-owned media companies in its advertising expenditures, according to an announcement made Friday.

Expert Analysis

  • 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.

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • How FAR Council's Proposal May Revamp Conflicts Reporting

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    The Federal Acquisition Regulatory Council's recent proposal for updating organizational conflict of interest rules includes some welcome clarifications, but new representation and disclosure obligations would upend long-standing practices, likely increase contractors’ False Claims Act risks, and necessitate implementation of more complex OCI compliance programs, say attorneys at Wiley.

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