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Commercial Contracts

  • June 09, 2025

    Patent Suit Against Sirius XM Gets 2nd Fed. Circ. Reprieve

    The Federal Circuit on Monday revived a patent case against satellite radio company Sirius XM for a second time, reversing a lower court's ruling that a German research foundation's five-year delay in alleging infringement meant it was prohibited from pursuing the case.

  • June 09, 2025

    Panini Wants Renewed Claims From Fanatics Tossed

    Trading card company Panini told a New York federal court Fanatics Inc. is trying to distract from allegations it monopolized the sports trading card market by rehashing previously rejected claims that Panini interfered with licensing negotiations.

  • June 09, 2025

    Ex-Exec Stole Data And Solicited Clients For Rival, Suit Says

    Georgia-based software firm Trinoor LLC has filed a lawsuit against a former vice president the company alleges deleted and stole "vast amounts" of internal data before jumping ship to join a competitor earlier this year.

  • June 09, 2025

    Landlord Ghosted Ex-Yankee Who Cried Foul On Mold, Jury Told

    A retired New York Yankees third baseman wants a Connecticut landlord to pay damages for a moldy Greenwich mansion he rented for $55,000 per month in 2022, saying he was justified in severing the lease when remediation efforts failed and his then-pregnant fiancée and 17-month-old daughter fell ill.

  • June 09, 2025

    Ex-Pot Co. Members, Founder Settle Cash Distribution Suit

    A Connecticut state judge has dismissed a suit by the founding member of Theraplant LLC alleging its former managing members failed to pay out cash distributions.

  • June 09, 2025

    Disney Settles Antitrust Suit Over ESPN Streaming Fees

    Disney has settled a sprawling antitrust lawsuit with consumers over the fees in its ESPN livestreaming carriage agreements.

  • June 09, 2025

    Southwest Beats Customers' 737 Max Overcharge Suit

    A Texas federal judge said Monday that consumers claiming Southwest Airlines overcharged them for riskier flights on Boeing 737 Max 8 jets didn't even fly on the Max aircraft and failed to plausibly allege any concrete injuries, so they have no standing to sue.

  • June 09, 2025

    Mayer Brown Adds Banking Finance Partner In NY

    A former Cadwalader Wickersham & Taft LLP counsel has moved to Mayer Brown LLP’s New York office as a banking and finance and collateralized loan obligations partner.

  • June 09, 2025

    International Trial Lawyer Joins Barton From Carlton Fields

    Midsize New York-based firm Barton LLP announced on Friday that it has hired a Carlton Fields PA attorney, whose litigation experience includes leading a crimes against humanity case against a former head of state and establishing a new standard for franchisor tort immunity in the Florida Supreme Court, among other high-profile victories.

  • June 09, 2025

    City Says Insurer Owes $9M For Wrongful Incarceration Deal

    An insurer for a North Carolina city improperly denied coverage for an underlying suit brought by a Black man who was wrongfully imprisoned for 44 years and is now on the hook for a $9.3 million settlement payment, the city argued in a suit removed to federal court.

  • June 09, 2025

    Bank Gets First Dibs On Bankrupt Pa. Nursing Homes' Coffers

    A bank that says it's owed nearly $48 million by a group of bankrupt Pennsylvania nursing homes will get first dibs on what's left in their accounts under a settlement approved by a federal bankruptcy judge Monday, despite objections from a supplier who said some of the money doesn't belong to the nursing homes.

  • June 09, 2025

    Smithfield Averts Trial In Last-Ditch Deal With NC Hog Supplier

    A defunct hog supplier in North Carolina has settled its contract scuffle with Smithfield Foods Inc. just as the parties were primed to begin trial on Monday, putting to bed claims that Smithfield flouted their production agreement and forced the supplier out of business.

  • June 09, 2025

    Consultant Says Pot Co. Stiffed It On $400K In Fees

    A consulting firm is suing cannabis company 4Front Ventures Corp. in New York federal court, saying 4Front owes it $400,000 in fees after it breached their consulting contract.

  • June 06, 2025

    Crypto Holding Co. Can Pursue Counterclaim Against Ex-Exec.

    A Puerto Rico-based crypto holding company can pursue a counterclaim against its former president who alleged the company's CEO fraudulently recruited him to the venture and then fired him, a Delaware vice chancellor ruled Friday, finding legal expenses the company incurred are recoverable.

  • June 06, 2025

    Fla. Fraud Investigator Faces 3rd Malicious Prosecution Suit

    A Florida insurance fraud investigator faces a third federal lawsuit alleging he lied in a report that led to the malicious prosecution of an independent roofing contractor whose charges were later dismissed because prosecutors couldn't substantiate the accusations.

  • June 06, 2025

    Google Must Face Bulk Of Healthcare Data Tracking Suit

    A California federal judge allowed a proposed class action accusing Google of illicitly scooping up users' personal data from healthcare providers' websites to continue Friday, but only for certain claims based on communications made before the company started instructing healthcare provider clients not to send it their health information.

  • June 06, 2025

    Tobacco Cos. Sue Philip Morris Over Bid To Void Wash. Deal

    R.J. Reynolds and other tobacco producers have accused Philip Morris USA of trying to derail a deal with Washington state last spring to resolve longstanding payment disputes stemming from Big Tobacco's 1998 master settlement agreement, according to a new lawsuit in Washington state court.

  • June 06, 2025

    T.I., Tiny Urge Judge To Prevent 4th Trial In $71M Doll Row

    Clifford "T.I." Harris and Tameka "Tiny" Harris have urged a California federal judge to reject MGA Entertainment's motion to reverse a jury's $71.4 million verdict finding the company infringed the trade dress and publicity rights of the OMG Girlz pop group, saying the rehashed arguments fall flat.

  • June 06, 2025

    Southwest Can't Nix Bias Suit By Mom Accused Of Trafficking

    Southwest Airlines can't nix a racial discrimination suit after a flight attendant incorrectly reported a mother and her young daughter for suspected child trafficking, a Colorado federal judge ruled Friday, noting the case turns on conflicting testimony that can't be adjudicated via summary judgment.

  • June 06, 2025

    Wyo. Landowners' Attys Score $5M From Anadarko Deal

    A Wyoming federal judge awarded more than $5 million in attorney fees and expenses Friday to attorneys for a class of landowners that accused an oil extraction company of hoarding permits to block oil and gas projects.

  • June 06, 2025

    Full 11th Circ. Asked To Rethink Workplace Attack Case

    An employee has asked the en banc Eleventh Circuit to rethink its ruling that wholesale restaurant supply store McLane Foodservice Inc. is not liable for injuries suffered by an employee who was set on fire at work by a former partner, arguing it took too narrow a view on foreseeability.

  • June 06, 2025

    OpenAI, Microsoft Say Musk Hasn't Fixed RICO Claims

    OpenAI and Microsoft have urged a California federal judge to again trim Elon Musk's lawsuit challenging OpenAI's now-abandoned transition to a for-profit enterprise, arguing the billionaire and his own artificial intelligence company, xAI, have not made any changes to their previously nixed claims for contract breach and fraudulent enterprise.

  • June 06, 2025

    Denver Tenants Say Lack Of Repairs Made Building Unsafe

    Tenants at a Denver apartment complex have filed a proposed class action against the owner as well as current and former property managers in state court, alleging the property became dangerous and unsanitary because the defendants refused to pay for necessary repairs.

  • June 06, 2025

    Genentech Wants $18M Novartis Award Over Licenses OK'd

    California-based biotech firm Genentech Inc. has asked a D.C. federal court to recognize a $17.8 million arbitral award against Novartis Pharma AG stemming from a dispute over a licensing agreement for an eye medication.

  • June 06, 2025

    Fed. Circ. Weighs Purview Over Acorda's $17M Arbitral Award

    A Federal Circuit panel on Friday wrestled with its authority to consider arbitration appeals dealing with patent law, with at least one judge appearing skeptical that it could consider Acorda Therapeutics Inc.'s bid to increase a $16.6 million award in a fight with Alkermes PLC over a multiple sclerosis drug.

Expert Analysis

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Int'l Agreements Are Key For Safe Nuclear Waste Disposal

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    By replacing fossil fuels, nuclear energy has the potential to offer a major contribution to the global fight against climate change — but ensuring that nuclear power is safe and sustainable will require binding, multinational agreements for safe nuclear waste disposal, say Ryan Schermerhorn and Christopher Zahn at Marshall Gerstein.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Opinion

    FTC's Report Criticizing Drug Middlemen Is Flawed

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    The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Del. Dispatch: Cautionary Tales Of 2 Earnout Effort Breaches

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    The Delaware Court of Chancery's tendency to interpret earnout provisions precisely as written, highlighted in two September rulings that found buyers breached their shareholder obligations when they failed to make reasonable efforts to hit certain product development milestones, demonstrates the paramount importance of precisely wording these agreements, say attorneys at Fried Frank.

  • Managing Sanctions Defense Across Multiple Jurisdictions

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    Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.

  • How Cos. Can Protect Supply Chains During The Port Strike

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    With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out

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    Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Kubient Case Shows SEC's Willingness To Charge Directors

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    The U.S. Securities and Exchange Commission's recent fraud charges against Kubient's former CEO, chief financial officer and audit committee chair signal a willingness to be more aggressive against officers and directors, underscoring the need for companies to ensure that they have appropriate channels to gather, investigate and document employee concerns, say attorneys at Jenner & Block.

  • 3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim

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    The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.

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