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Commercial Contracts

  • April 30, 2025

    Biotech Co. Throws Flag On NFL Alumni's Bid To Toss Suit

    A biotechnology company accusing the National Football League's largest alumni club of breaking a contract in retaliation for being questioned about its use of government funds told a Georgia federal court Tuesday the company would add details to its suit to head off the club's bid to have the suit thrown out.

  • April 30, 2025

    Honeywell, Sourcing Co. End Scuffle Over Soured Supply Deal

    Honeywell has dropped its lawsuit accusing a sourcing company of making up quality concerns to bail on a contract for medical-grade gloves, according to a notice filed in the North Carolina Business Court.

  • April 30, 2025

    McDonald's Operator Loses Assault Suit Coverage Appeal

    Two insurers were correct to deny coverage for a former Pittsburgh-area McDonald's franchisee in a lawsuit accusing it of failing to stop a supervisor from sexually harassing and assaulting underage employees, since the litigation that sent it into bankruptcy fell under exceptions to the insurance policies, a Third Circuit panel ruled Wednesday.

  • April 30, 2025

    Amazon Can't Claw Back 'Inadvertent' Discovery Docs

    A Seattle federal judge has ruled that documents Amazon.com Inc. produced as part of three proposed antitrust class actions may not be clawed back, finding that despite the online retailer's claims that they were produced "inadvertently," there was no indication the document-sharing was a mistake.

  • April 30, 2025

    Barclay Damon Continues Growth With Morrison Cohen Hire

    Barclay Damon LLP is continuing the momentum its headcount growth made in 2024, announcing Tuesday that it has hired an employee benefits attorney from Morrison Cohen LLP in New York City.

  • April 30, 2025

    Boston Hospital Fends Off Doctor's Whistleblower Claims

    A Massachusetts state court judge on Tuesday tossed whistleblower, contract and wrongful termination claims brought by a doctor who alleged that Boston Medical Center ousted him in retaliation for his expert witness testimony contradicting his colleagues in child abuse cases.

  • April 30, 2025

    Allstate Settles Law Firm's Wrecked Car Fee Coverage Suit

    A settlement has been reached in a Georgia law firm's proposed class action against Allstate Insurance Co. over allegations that it failed to pay title transfer fees and license registration fees to insured people who incurred total loss claims.

  • April 29, 2025

    5th Circ. Backs $1.6M Pipeline Project Arbitration Award

    The Fifth Circuit on Tuesday unanimously affirmed a more than $1.6 million arbitration award covering stand-by costs an underground drilling company incurred on a subcontract for a pipeline construction firm, saying in a published opinion that the construction company failed to show that an arbitration panel exceeded its authority.

  • April 29, 2025

    5th Circ. Hints Exclusivity Could End Tata's $168M Woe

    A Fifth Circuit panel asked whether Tata Consultancy Services had taken trade secrets to solely build a product for a specific customer, questioning Tuesday whether to keep intact a $168 million judgment finding Tata stole an IT company's technology concerning source code and life insurance software documentation.

  • April 29, 2025

    Duke Energy Rival Tells Justices Not To Review Monopoly Suit

    Independent power producer NTE Energy is urging the U.S. Supreme Court not to review a decision that revived its monopoly suit against Duke Energy, saying the North Carolina-based company is asking the justices to issue an advisory opinion answering a hypothetical question.

  • April 29, 2025

    Deal Terms An Issue In $60M Mortgage Loan Sale Con Case

    A Washington federal judge suggested on Tuesday that she might hold off on interpreting the terms of a multimillion-dollar mortgage loan sale agreement at issue in a racketeering suit, since a contractual dispute involving the same deal is slated for a bench trial before her in October.

  • April 29, 2025

    'Alvin And The Chipmunks' Owner Says Arbitrator Overstepped

    The owner of the "Alvin and the Chipmunks" franchise is urging a California federal court to vacate a $2.2 million arbitral award favoring its international distributor based on the arbitrator's alleged "egregious errors," including inflating the damages owed over a rejected Nickelodeon deal.

  • April 29, 2025

    Sports Illustrated Owner Ends TM Row With Former Publisher

    Sports Illustrated's owner has agreed to permanently end its trademark dispute against its former publisher over claims that the publisher tore apart a long-standing licensing agreement while sabotaging the brand and holding hostage valuable intellectual property, according to a stipulation filed Tuesday in New York federal court. 

  • April 29, 2025

    Amazon Can't Shake Return Policy Suit, Wash. Judge Rules

    A Washington federal judge refused Tuesday to dismiss claims accusing Amazon of unlawfully recharging consumers under its "advanced refund" return policy, ruling that the e-commerce giant could face tort and quasi-contract liability alongside breach of contract allegations.

  • April 29, 2025

    Insurers Say 9th Circ. Extended Tribal Jurisdiction Too Far

    A group of insurers again urged the U.S. Supreme Court to review a Ninth Circuit decision ordering them to litigate COVID-19 coverage claims in Suquamish Tribal Court, saying Tuesday that the lower court's conception of tribal sovereignty is so broad that even the tribe is unwilling to defend it.

  • April 29, 2025

    Kroger-Owned Chain Fights To Keep UFCW Suit Alive

    The Kroger-owned grocery chain King Soopers urged a Colorado federal judge Tuesday to preserve its lawsuit against a United Food and Commercial Workers local, saying the company can prove that the union is placing unlawful pressure on it to bargain with multiple locals at once.

  • April 29, 2025

    4th Circ. Rules Honeywell Royalty Fight Belongs In Fed. Circ.

    The Fourth Circuit on Tuesday found that a fight over royalty payments between technology conglomerate Honeywell and its Japan-based rival should be kicked to the Federal Circuit, which has jurisdiction over all patent-related lawsuits.

  • April 29, 2025

    BNSF Says Tribe's $400M Trespass Win Unjustly Taps Profits

    BNSF Railway Co. has urged the Ninth Circuit to derail the nearly $400 million a trial judge ruled it owes for years of illegally running oil cars across a Washington tribe's land, saying the disgorgement judgment goes after legitimate profits far removed from where the trespassing occurred.

  • April 29, 2025

    NCAA Says NY Case's Demise Dooms NC State '83 Team's Suit

    The NCAA told North Carolina's business court that a New York federal judge's decision to throw out a proposed antitrust class action against it brought by former men's basketball players should also doom a similar suit brought by the 1983 North Carolina State University men's basketball national championship team.

  • April 29, 2025

    Highmark Must Face Bulk Of Data Breach Lawsuit

    A group of individuals who said their personal information was compromised in a phishing attack against health insurer Highmark can largely proceed with their proposed class action against the company, a Pennsylvania federal court ruled, finding the plaintiffs sufficiently alleged they'll suffer imminent and concrete injuries, thereby establishing standing.

  • April 29, 2025

    Dominican Republic Not Immune In Postal Suit, 11th Circ. Told

    A Florida company suing the Dominican Republic over allegations it failed to pay $10 million after breaching a contract to modernize its postal service told an Eleventh Circuit panel Tuesday the country isn't exempt from legal action, arguing the country can be held liable under exceptions to the Foreign Sovereign Immunities Act.

  • April 29, 2025

    OKCoin Says Crypto Holders Can't Tie Firm To $2M Theft

    Digital asset exchange OKCoin and its affiliates urged a California federal judge to dismiss a proposed class action accusing them of enabling cryptocurrency thieves, arguing the real cause of the plaintiffs' losses was the initial theft, not any actions by the exchange.

  • April 29, 2025

    No 'Hobson's Choice' For Foley & Lardner, Ex-Clients Say

    Two former Foley & Lardner LLP clients are slamming the law firm for telling a Texas appellate court it was faced with a "Hobson's choice" in their suit alleging the firm failed to disclose conflicts of interest.

  • April 29, 2025

    X Can't Escape Unjust Firing Claim In Severance Suit

    Three former Twitter executives can proceed with their claim that Elon Musk and the company owe them millions in severance benefits after falsely claiming they were fired justly, a California federal judge ruled, pointing to another suit mirroring nearly identical allegations.

  • April 29, 2025

    Boston Seafood Co. Says Salmon Exec Stole Trade Secrets

    A former C-suite executive and head of salmon accounts at a Boston-area seafood distributor spent months emailing sensitive trade secrets from his work account to a Norwegian competitor before joining it to launch a rival business in the U.S., according to a federal lawsuit filed Tuesday. 

Expert Analysis

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • How Justices' E-Rate Decision May Affect Scope Of FCA

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    The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • Addressing The Growing Hazards Of Mass Arbitration

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    Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.

  • Opinion

    Prejudgment Interest Is A Game-Changer In Ill. Civil Suits

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    Civil litigation can leave plaintiffs financially strained and desperate for any recovery, especially when defendants use delaying tactics — but the Illinois Legislature's move to allow prejudgment interest has helped bring litigants to the table earlier to resolve disputes, minimizing court expenses and benefiting all parties, says Benjamin Crane at Coplan + Crane.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • 2nd Circ. Ruling May Limit Discovery In Int'l Arbitration

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    The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • NY Ruling Offers A Foreclosure Road Map For Lenders

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    A New York appellate court recently upheld a summary judgment ruling in favor of a commercial lender's foreclosure in U.S. Bank v. 1226 Evergreen Bapaz, illustrating the proofs lenders will need to prosecute a foreclosure action, especially where the plaintiff is an assignee of the originating lender, say attorneys at Sherman Atlas.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Opinion

    OFAC Sanctions Deserve To Be Challenged Post-Chevron

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    The U.S. Supreme Court's Loper Bright decision opens the door to challenges against the Office of Foreign Assets Control's sanctions regime, the unintended consequences of which raise serious questions about the wisdom of what appears to be a scorched-earth approach, says Solomon Shinerock at Lewis Baach.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

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