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Commercial Contracts

  • 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.

  • June 13, 2025

    Google Defeats $1.3B Contract Case Over Advertising Tech

    A California state jury has rejected a company's breach of contract case that accused Google of misappropriating information about its digital advertising technology to build similar products, ending the suit that had sought $1.3 billion in damages.

  • June 13, 2025

    $1.6M Verdict Should've Been Trimmed Sooner, NJ Panel Says

    A New Jersey trial court should've reduced a $1.6 million jury verdict to $200,000 sooner in an automobile accident dispute after the plaintiff told both the trial judge and judge in the defendant's bankruptcy proceedings he would seek only $200,000, a state appeals court ruled Friday.

  • June 13, 2025

    Shein Faces Arbitration Push Over Paid Influencer Claims

    The Singapore-based owner of fast-fashion retailer Shein has told an Illinois federal judge that a proposed class of consumers must arbitrate their claims accusing the global e-commerce platform of trying to hide that it paid social media influencers to promote its products.

  • June 13, 2025

    9th Circ. Renews Copyright Claims In Software Cos. Fight

    A Ninth Circuit panel has partially revived an intellectual property dispute between software companies Cloanto Corp. and Hyperion Entertainment, ruling that the lower court erred in tossing Cloanto's copyright claims while correctly axing its breach of contract claim.

  • June 13, 2025

    MV Realty CEO Banned From Real Estate Biz In NC

    The CEO of brokerage MV Realty is banned from doing professional real estate business in North Carolina and local homeowners were released from "predatory" agreements that they signed with one of his other companies, the state's attorney general announced Friday.

  • June 13, 2025

    NC Hospitality Group Can't Revive COVID-19 Coverage Suit

    A North Carolina-based hospitality group can't resurrect its suit seeking coverage for pandemic-related losses, a federal court ruled, saying changes in decisional law after a final ruling do not constitute "extraordinary circumstances" warranting relief from a judgment.

Expert Analysis

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • OpenAI's Patent Pledge Is Not All It Seems

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    A recent statement that OpenAI won't assert its own patents is more of an aspiration than an obligation, and should prompt practitioners to think deeply about the underlying legal mechanisms of patent and contract law when determining the effectiveness of similar nonassertion pledges, say attorneys at McDonnell Boehnen.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • FERC's Reactive Power Compensation Cutoff Is No Shock

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    While the Federal Energy Regulatory Commission's recent final rule ending compensation for reactive power provided within the standard power factor range will mean less revenue for some generators, it should not come as a surprise, since FERC has long signaled its interest in this shift, says Linda Walsh at Husch Blackwell.

  • Opinion

    Feds May Have Overstepped In Suit Against Mortgage Lender

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    The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • Next Steps In The $2.8B Blue Cross Payout To Providers

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    Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Key Territory-Split Licensing Lessons For Life Sciences Cos.

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    Territory-split deals can allow life sciences companies to maximize products' potential across a range of geographic areas, but these deals also present unique challenges requiring highly bespoke structures that can make or break the value of an asset, say attorneys at Covington.

  • Notable Q3 Updates In Insurance Class Actions

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    Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.

  • Promoting Diversity In The Selection Of ADR Neutrals

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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Opinion

    In Visa Case, DOJ Continues To Misapply The Sherman Act

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    The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

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