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Commercial Contracts

  • September 09, 2025

    Franchise Law Firm Can't Dump Trash Co.'s Malpractice Suit

    A Charlotte, North Carolina-based law firm can't escape a trash compactor company's claims that it botched franchise agreements in 2019 and 2020, after a federal judge said it was too early for a final ruling on a statute of limitations defense.

  • September 09, 2025

    3rd Circ. Told Cigna's 'Private Label' Stelara May Alter Market

    A Johnson & Johnson subsidiary told a Third Circuit panel it would be "difficult" to calculate its potential monetary losses if a Cigna subsidiary were to launch its own version of an anti-inflammatory treatment, particularly if it permanently changed the market by giving the insurance giant a "private label" version that pharmacies would give preference over the original.

  • September 08, 2025

    Cleo AI Must Face Military Lending Suit Over Cash Advances

    Cleo AI must face an Army staff sergeant's proposed class action alleging it employs predatory lending practices through its cash advances that exceed the Military Lending Act's annual percentage rate cap on consumer credit, after a Washington federal judge said Monday the advances constitute as "credit" under the statute. 

  • September 08, 2025

    'Disappointed' Alsup Wants More Info On $1.5B Anthropic Deal

    U.S. District Judge William Alsup has declined to sign off on Anthropic's proposed $1.5 billion settlement with authors accusing the artificial intelligence developer of copyright infringement, saying he's "disappointed that counsel have left important questions" unanswered and instructing the parties to provide more information by the end of the month.

  • September 08, 2025

    DC Circ. Probes Sovereign Immunity In Nazi Art Case

    The D.C. Circuit on Monday grappled with whether claims asserted by the descendants of Hungarian Jewish art collectors over artwork stolen during the German occupation of Hungary are barred under sovereign immunity, focusing on how to delineate an "occupation."

  • September 08, 2025

    Ex-Franchisee: College Biz Suit A 'Play For Leverage'

    A lawsuit accusing a college consultant of breaching a contract with a former franchising company is nothing more than a "play for leverage" in an ongoing legal battle crossing state lines, consultant Gurpartap "Sunny" Grewal told a North Carolina federal court Friday.

  • September 08, 2025

    Las Vegas Man Gets 7 Years For $1.4M Fraud Scheme

    A Las Vegas man who pled guilty to charges related to defrauding investors out of $1.4 million, largely for a phony cannabis manufacturing venture, was sentenced to seven years in prison by a New York federal judge in a Friday order that more than doubled the maximum time prosecutors sought.

  • September 08, 2025

    Playboy Secures $81M Arbitration Win Over Ex-Licensee

    Playboy Inc. said Monday it has been awarded damages of approximately $81 million by an international arbitration tribunal against a former Chinese licensee.

  • September 08, 2025

    Court Tosses Benefits Co.'s Atty Fee Claim Against Insurer

    An Illinois federal court on Monday threw out a benefits administration company's counterclaim for attorney fees under a state statute relating to "vexatious and unreasonable" conduct by insurers, finding that the company failed to support its claims that an insurer engaged in such conduct with sufficient facts.

  • September 08, 2025

    11th Circ. Says Cos.' 20-Year Contract Fight Properly Ended

    The Eleventh Circuit won't revive fastener and components supplier Whitesell Corp.'s contract fight with household appliance maker Electrolux and a lawn and garden equipment-maker spinoff company, saying it will not disturb various court rulings that led to a nearly $9 million jury verdict after 20 years of litigation.

  • September 08, 2025

    Biz Groups Ask Justices To Shield Freight Brokers From Suits

    Business and trucking trade groups asked the U.S. Supreme Court to smooth out splintered circuit court rulings that have exposed freight brokers to patchwork liability for state-based negligence claims, saying there could be lasting disruptions to the supply chain if the justices don't intervene.

  • September 08, 2025

    Phone Dealer, Freight Co. Settle Suit Over Stolen Shipment

    PCS Wireless LLC and RXO Capacity Solutions LLC have reached a settlement in the cellphone dealer's lawsuit over a stolen shipment and a contentious discovery dispute, according to a joint notice filed in a North Carolina federal court.

  • September 08, 2025

    Pa. Top Court Snapshot: Clickwrap Agreements, Mail-In Votes

    The Pennsylvania Supreme Court will return from its summer break with a couple of familiar issues, including the heavily litigated issue of discarding undated mail-in ballots and a much-anticipated review of common "clickwrap" agreements for apps and websites. Here are some of the cases the state's justices will hear in their Sept. 9-11 session.

  • September 08, 2025

    Dem Sens., AGs Increase Pressure On DOJ's HPE Merger Deal

    The controversial Justice Department settlement clearing Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks drew further pushback from Democratic senators and state attorneys general who respectively sought answers from U.S. Attorney General Pam Bondi and told a California federal judge to reject the deal.

  • September 08, 2025

    NBA Taps Wachtell To Probe Possible Cap Scam By Clippers

    Wachtell Lipton Rosen & Katz, which has led two previous probes into misconduct by NBA franchises that pushed their owners to sell the teams, has been retained by the league to investigate reported circumvention of the salary cap for superstar Kawhi Leonard by the Los Angeles Clippers.

  • September 08, 2025

    Fla. Judge May Sever Claims In Ex-NRA Lobbyist's Suit

    A Florida federal judge said he may proceed with severing a contract breach claim in a former lobbyist's lawsuit against the National Rifle Association and order it refiled in Virginia after ruling that the nonprofit could enforce a valid forum selection clause.

  • September 08, 2025

    9th Circ. Denies CoStar's Bid To Rehear Antitrust Ruling

    A Ninth Circuit panel rejected a call to revisit the court's June decision reviving claims alleging that real estate information service CoStar monopolizes several commercial real estate listing markets through exclusive deals with brokers and technological barriers for competitors.

  • September 08, 2025

    5th Circ. Reinstates $2.4M Award In Hair Product Co.'s IP Suit

    The Fifth Circuit has restored a $2.4 million jury award to a hair product company in its trademark infringement trial win over a rival, ruling a district court judge was wrong to throw out the verdict and the company had shown evidence the infringement hurt its business.

  • September 08, 2025

    Wyo. Co. Must Pay $2.65M Legal Fees Award In Arbitration

    A Wyoming federal judge has ordered an engineering firm to pay two Eastern European companies a €2.26 million ($2.65 million) award of arbitration legal fees and costs, saying the firm's dissatisfaction with the arbitral tribunal's award is not enough to second-guess the ruling.

  • September 08, 2025

    4 Firms Build EchoStar's $17B Spectrum Sale To SpaceX

    Telecommunications company EchoStar on Monday announced plans to sell some of its spectrum licenses to Elon Musk-owned SpaceX in a $17 billion cash-and-stock deal built by four firms, following its sale a few weeks ago of certain wireless spectrum licenses to AT&T in a $23 billion deal.

  • September 08, 2025

    Ex-Ebix CEO Accuses Owners Of Revenge Porn Blackmail

    The ousted former CEO of Georgia-based software firm Ebix Inc. has alleged that the company's owner attempted to blackmail him into dropping a lawsuit over his severance pay by threatening to release "intimate images" of him and his wife.

  • September 05, 2025

    OnlyFans Users May Face Sanctions Over AI 'Misuse'

    OnlyFans users who have alleged the site employs professional "chatters" to impersonate content creators are facing possible sanctions in their case, as a California federal judge ordered their attorneys to appear in court for filing briefs with nonexistent citations and quotations generated by an AI chatbot.

  • September 05, 2025

    Panama Kept From $5M Award Over Parallel ICC Arbitration

    A Florida federal judge has paused Panama's lawsuit seeking to enforce a nearly $5 million arbitration award over a construction dispute involving a Miami business, halting the case for a brief period of time due to a potential resolution in a separate contractual disagreement. 

  • September 05, 2025

    Nix Doc Bid In Colombian Natural Gas Fight, Fla. Court Told

    An energy trader is urging a Florida federal court to protect its confidential business information as it pursues a more than $400 million arbitration in Colombia against units of Canadian natural gas company Canacol Energy Ltd., accusing the companies of improperly trying to use a U.S. foreign discovery statute.

  • September 05, 2025

    Whoopi Goldberg Battles Ex-NJ Mayor Over Cannabis Store

    A former Garden State mayor is asking a New Jersey state judge to dismiss a counterclaim from Whoopi Goldberg's cannabis company, WhoopFam NJ LLC, in a dispute over a failed effort to open a recreational marijuana retail store.

Expert Analysis

  • 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.

  • 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.

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