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Commercial Contracts

  • May 20, 2025

    Amazon, Apple Get Atty Fees Over Dropped Antitrust Plaintiff

    A Washington federal judge on Tuesday ordered an ousted lead plaintiff's counsel in a proposed antitrust class action against Amazon and Apple to pay a combined $223,000 in attorney fees to the defendants after finding last month that the lawyers had failed to tell the court that their client had abandoned the case.

  • May 19, 2025

    6th Circ. Splits On 'Classic,' 'First-Year' Contract Price Dispute

    A split Sixth Circuit on Monday upended Parker Hannifin Corporation's win in a breach of contract fight with a Mexican automotive supplier, saying the Ohio company's terms over the price of its pistons didn't govern in a "classic" dispute fit for a law student's first-year contract class.

  • May 19, 2025

    Let's Talk About Rights: Salt-N-Pepa Sue UMG To Reclaim IP

    Hip-hop duo Salt-N-Pepa sued UMG in New York federal court on Monday, saying the music company refused to return the copyrights for several of their hits, including "Push It" and "Let's Talk About Sex," and for punishing their attempt to assert their rights by removing songs from streaming platforms and distribution channels.

  • May 19, 2025

    Uber Pushes To Move Sex Assault Cases To Related Districts

    Uber has asked a California federal judge to move various bellwether trials in multidistrict litigation accusing the rideshare company of failing to prevent drivers from sexually assaulting passengers to the federal districts where the alleged incidents occurred, citing the forum selection clause in its terms of use.

  • May 19, 2025

    Posner Wins Ex-Staffer's $170K Wage Suit

    A former executive at retired Seventh Circuit Judge Richard Posner's short-lived pro bono legal services organization lost his bid for $170,000 in back pay he claimed to be owed on Monday when an Indiana federal court found claims to be untimely.

  • May 19, 2025

    Comscore Accused Of Monopoly Over Movie Box Office Data

    Media analytics giant Comscore Inc. wields a monopoly over U.S. theatrical box office data and has used it to squeeze out a company that provides competing software for film distribution planning and booking, according to a new antitrust suit filed Monday in California federal court.

  • May 19, 2025

    Digital Solutions Co. Faces Suit Over $730K In Unpaid Orders

    Technology solutions provider American Industrial Systems Inc. has sued Aegex Technologies LLC, which delivers digital solutions to highly regulated hazardous locations in process manufacturing industries, in Georgia federal court over allegations that it failed to fully pay for $2.2 million worth of services.

  • May 19, 2025

    Ga. Judge Trims Delta's IT Outage Suit Against CrowdStrike

    A Georgia state court judge has trimmed Delta Air Lines' lawsuit seeking to recover from cybersecurity firm CrowdStrike some $500 million in alleged out-of-pocket losses stemming from the July 2024 catastrophic global IT outage.

  • May 19, 2025

    Ex-Exec Says CEO Fraudster Solely To Blame For $2M Theft

    A former Arrow Electronics executive accused of helping steal $2 million told a Colorado federal jury Monday at the start of a seven-day wire fraud trial that he was just an unwitting pawn in a fraud scheme orchestrated by a database company CEO and "master manipulator." 

  • May 19, 2025

    Amazon Asks 9th Circ. To Flip 'Inadvertent' Discovery Ruling

    Amazon asked the Ninth Circuit to reverse a Washington federal court's ruling that refused its bid to claw back documents inadvertently produced in proposed antitrust class actions, saying companies need to be able to fix mistakes made when designating privileged documents.

  • May 19, 2025

    NC Doctors Can't Block Pay Changes Amid Legal Challenge

    A group of anesthesiologists can't stop their governing board from imposing changes to their compensation while they sue for breach of contract, a state business court judge ruled Monday, finding the doctors have other ways of obtaining relief that negate the need for an injunction.

  • May 19, 2025

    Liberty Mutual Unit Can't Dodge Spoiled Wine Coverage Suit

    A Liberty Mutual unit can't escape a vineyard's suit seeking indemnification for a settlement reached with another winery over 320,000 damaged cases of wine, a Washington federal court ruled Monday, saying none of the exclusions cited by the insurer clearly apply.

  • May 19, 2025

    Twins' Doc Not Liable For Ball Player's Death, Fla. Court Told

    A Minnesota Twins physician told a Florida state court Monday that he can't be sued for negligence over the death of a minor league player he treated during spring training, arguing that Minnesota employment law shields him from liability even when treating players outside the state.

  • May 19, 2025

    Justices Punt On Tribe Leader's Extortion Immunity Claim

    The U.S. Supreme Court on Monday rejected a petition from the former head of a Native American tribe who argued that the First Circuit was wrong to reinstate his convictions tied to the development of a casino project after it concluded that federal extortion law applies to tribal leaders.

  • May 19, 2025

    Copyright Law's Nuances Pose Challenges To AI Music Suits

    The rise of music created by artificial intelligence is introducing new challenges to copyright law, especially when AI-generated songs can sound strikingly similar to the works the technology is trained on.

  • May 19, 2025

    '50 Cent' Liquor Biz Eyes Ex-Boss's Conn. Home For $7M Debt

    Famed rapper Curtis '50 Cent' Jackson's liquor company asked a Connecticut bankruptcy court to let the business enforce its lien on its former brand manager Mitchell Green's $1 million home in Westport to help satisfy a $7 million fraud judgment, arguing that the lien will not disrupt Green's Chapter 7 proceedings.

  • May 19, 2025

    NY AG Blasts Ski Resort Owner's Antitrust Fixes

    The New York Attorney General's Office has told a state court that alternative fixes being offered by a ski resort owner found to have violated antitrust law by buying and closing a competitor would "entrench the very monopoly" the court found illegal.

  • May 19, 2025

    'Self-Dealing' Ex-CEO Must Lose Theft Case, Biotech Says

    The fired CEO of a Wyoming-based flavoring and aromas business engaged in "clear self-dealing" by transferring hundreds of thousands of dollars to himself after refusing to work, the company said Monday in seeking summary judgment in its Connecticut lawsuit against him.

  • May 19, 2025

    Judge Sets February Trial Date In Bribery Case Of Coal Exec

    A Pennsylvania federal judge on Monday set a February trial date for a coal executive charged with bribing foreign officials for business, with jury selection beginning Feb. 3 and opening statements taking place Feb. 9.

  • May 19, 2025

    Justices Pass On Insurers' Tribal Jurisdiction Challenge

    The U.S. Supreme Court will not review a Ninth Circuit decision ordering insurers to litigate the Suquamish Tribe's COVID-19 coverage claims in tribal court in a case that addressed tribal jurisdiction over nonmember insurance companies, according to a Monday order list.

  • May 19, 2025

    Partner Hire Kills Jurisdiction In Referral Suit, Mass. Firm Says

    A Boston law firm told a Massachusetts federal court on Monday that it plans to refile its suit seeking a referral fee from a Minnesota firm that served as co-lead counsel in a salmon purchaser antitrust case, after the latter firm's hiring of a Massachusetts-based partner defeated federal court jurisdiction.

  • May 16, 2025

    Krispy Kreme Overhyped McDonald's Pact, Investors Say

    Krispy Kreme investors hit the doughnut chain with a proposed securities class action Friday, alleging Krispy Kreme overhyped its partnership with McDonald's before disclosing poor financial results and uncertainty about its future.

  • May 16, 2025

    Name Mix-Up Costs Lender Property Claim, 5th Circ. Says

    A name mix-up in a petition will cost a lending company its claim to an interest in property forfeited in a criminal fraud case, the Fifth Circuit ruled Friday, agreeing with a Texas federal judge that the drafting error was fatal.

  • May 16, 2025

    State Immunity In England Needs Clarification, Judge Says

    Investors in an Indian satellite communications company have been granted permission to challenge a ruling allowing India's sovereign immunity defense in English litigation to enforce a $217 million arbitral award, after a judge in London ruled Friday that the immunity issue raises broader questions.

  • May 16, 2025

    Infrastructure Co. Eurofinsa Looks To Seize Gabon's Assets

    Eurofinsa SA has asked a D.C. federal court for permission to begin seizing the Gabonese Republic's assets as the Spanish company that specializes in global infrastructure projects looks to enforce a nearly $18 million arbitral award against the African country.

Expert Analysis

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • What Contractors Can Do To Address Material Cost Increases

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    In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.

  • Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion

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    The recent Delaware Superior Court ruling in Harman International v. Illinois National Insurance offers a critical framework for interpreting bump-up exclusions in management liability insurance policies, and follows the case law trend of narrow interpretation of such exclusions, says Simone Haugen at Tressler.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz

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    Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Likely Doomed ÃÛÌÒÊÓÆµ Contract Rule Still Has Industry Pointers

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    While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • What To Expect From Trump's Deputy Labor Secretary Pick

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    President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • Gas Contract Fight Holds Lessons On Force Majeure Clauses

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    Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.

  • Art Fraud Cases Highlight Importance Of Due Diligence

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    Recent high-profile art fraud cases provide a helpful reminder that a healthy skepticism can prevent prospective buyers from becoming victims, and that lawyers can take steps to help safeguard their clients, say attorneys at Arnold & Porter.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

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