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Commercial Contracts

  • May 08, 2025

    Kroger-Owned Chain Fights Counterclaims In Strike Row

    If a United Food and Commercial Workers local wants to accuse King Soopers of violating a post-strike agreement, the union must take its argument to the National Labor Relations Board, the Kroger-owned grocery chain told a Colorado federal judge Thursday, asking her to throw the allegation out of federal court.

  • May 08, 2025

    Ticketmaster Asks Justices To Protect 'Alternative' Arbitration

    Live Nation and Ticketmaster have asked the U.S. Supreme Court to clarify whether a federal law requires courts to enforce only traditional arbitration arrangements Congress envisioned when the law was enacted a century ago, or also "alternative" agreements drafted more recently to process mass arbitration.

  • May 08, 2025

    Couple Slams 'Ping-Pong' Brief In Conn. Waterfront Feud

    A married Bridgeport, Connecticut, couple are urging a state court to strike a post-trial reply brief that was filed by companies that the couple are suing over local waterfront access, arguing that counsel for both sides previously agreed to only make one set of post-trial filings simultaneously.

  • May 08, 2025

    Dentons Europe, Houston Co. To Settle $4.7M Fee Dispute

    Dentons Europe CS LLP and Houston-area Guidry & Associates Inc.'s $4.7 million fee dispute was dismissed Thursday after the parties notified the court of settlement talks. 

  • May 08, 2025

    Judge Says No French Connection In L'Oreal Hair Relaxer MDL

    An Illinois federal judge has dismissed L'Oréal USA Inc.'s French parent company from multidistrict litigation alleging it and other companies' hair relaxer products can cause health problems, finding the company doesn't have sufficient connections to the U.S. for the court to have jurisdiction.

  • May 08, 2025

    Miami Atty Joins Arbitration Place After US Expansion

    A Miami attorney has joined the roster of decision-makers at Arbitration Place tasked with helping settle international legal disputes out of court following the company's recent expansion to the U.S.

  • May 08, 2025

    Minn. Co. Settles Suit Over Veggies Left Sitting At Ga. Port

    Three ARL Network transportation units have settled a lawsuit alleging they allowed 20 containers of frozen vegetables to sit at the Port of Savannah in Georgia, costing a Minnesota company over $1 million in fees.

  • May 08, 2025

    Landry's To Pay Iranian Server $95K In EEOC Harassment Suit

    Seafood restaurant chain Landry's will pay $95,000 to wrap up a U.S. Equal Employment Opportunity Commission suit claiming it fired an Iranian server under false allegations that she came to work drunk after she complained about harassment, according to a Colorado federal court filing.

  • May 08, 2025

    Biotech Tells Chancery Drug Co. Abused Merger Prospects

    Biotech venture Renovaro Inc. sued cancer-focused, artificial intelligence-assisted drug developer Predictive Oncology Inc. in Delaware's Court of Chancery on Thursday, accusing Predictive of walking away from a merger agreement after its standalone prospects improved upon announcement of the deal.

  • May 08, 2025

    NC Ophthalmologist Owes Ex-Partner Office Building Cash

    The North Carolina Business Court has ruled that an ophthalmologist who agreed to buy out his former business partner's share of their practice must pay the former partner 36% of the value of their office building under the terms of their confidential settlement agreement.

  • May 08, 2025

    6th Circ. Eyes Reviving Kellogg, FedEx Mortality Table Suits

    The Sixth Circuit on Thursday appeared open to reviving suits against Kellogg and FedEx from married pensioners who alleged their employers' outdated actuarial assumptions shortchanged their joint-and-survivor benefits, with multiple judges seeming to doubt a lower court's assertion that employers had unfettered latitude when choosing what data to use.

  • May 08, 2025

    Miami Atty Disbarred Over Insistence Of Foreclosure Fraud

    The Florida Supreme Court disbarred a Miami attorney after accusations that he misled courts, impugned judges and brought frivolous pleadings over his insistence that clients' homes were fraudulently foreclosed, despite previous suspensions from allegations of similar conduct in the past.

  • May 08, 2025

    Power Cos. Fight New Deadline In Pole Attachment Regs

    Power companies are pushing back against a telecom industry proposal that would give utility pole owners just 30 days to approve third-party contractors for "make-ready" work in preparation for communications attachments, telling the government that the proposal would effectively strip utilities of their agency in contracting work on their poles.

  • May 08, 2025

    Insurer Drops Coverage Fight Over NC Truck Stop Shooting

    An insurer and a security guard service company have settled a coverage dispute over underlying negligence lawsuits involving a fatal shooting that occurred at a North Carolina truck stop, according to a notice filed in federal court.

  • May 07, 2025

    FDA Gets Win In Eli Lilly Weight Loss Drug Shortage Fight

    A Texas federal judge on Wednesday refused to reverse a U.S. Food and Drug Administration decision to remove Eli Lilly & Co.'s popular weight loss drug from a national shortage list, denying a request from pharmacies that produce copycat doses of the drug and entering judgment in favor of the FDA.

  • May 07, 2025

    Ukraine Weapons Importer Looks For OK Of $20M Award

    A subsidiary of a Ukrainian state-owned entity that imports military supplies is asking an Arizona federal court to enforce a nearly $20 million arbitral award against a Tucson weapons exporter after the company experienced shipping delays.

  • May 07, 2025

    Racing Teams Drop Suit Seeking Formula One's Financials

    Michael Jordan's stock car racing team has dropped its lawsuit seeking financial records from the owners of Formula One, according to a filing in Colorado federal court.

  • May 07, 2025

    Vendor Loses Summary Bid In $9M Walgreens Fraud Suit

    An Illinois federal judge has refused to hand an electronic accessories distributor a partial win in the company's $9 million dispute over Walgreen Co.'s alleged failure to place its products on premium shelf space because genuine questions exist over whether allegedly insufficient product deliveries made contract compliance essentially impossible.

  • May 07, 2025

    Coffee Exporter Hit With $31M Judgment Over Missed Shipments

    A Florida federal judge said Wednesday she would enter a roughly $31 million judgment for a "green" coffee retailer that said it prepaid for coffee shipments that were never received from a Nicaraguan green coffee bean exporter.

  • May 07, 2025

    Wells Fargo Forced Short Sales Despite CARES Act, Suit Says

    Wells Fargo forced the short sale of a North Carolina woman's home by denying her forbearance on her mortgage as mandated under federal law at the onset of the COVID-19 pandemic, she alleged in a proposed class action filed in California federal court.

  • May 07, 2025

    Solar Firm Says Conn. Regulator Acted Without Valid Members

    The three Public Utilities Regulatory Authority commissioners who signed a final decision against a solar energy developer and in favor of an Avangrid Inc. unit were not "validly sitting" at the time the edict was issued in March, according to an administrative appeal in Connecticut state court.

  • May 07, 2025

    Nordstrom's Investor Can't Block Vote On Go-Private Deal

    A Washington federal judge said he won't block a shareholder vote on Nordstrom's proposed $6.25 billion deal to go private, issuing a sealed order on Tuesday denying a preliminary injunction bid in a proposed investor class action.

  • May 07, 2025

    Judge Affirms $9.4M Verdict For American Airlines In IP Case

    A Texas federal judge has finalized a $9.4 million judgment for American Airlines over airfare search engine Skiplagged Inc.'s unauthorized use of copyrighted booking content, while also upholding the jury's finding that Skiplagged's use of American's trademarks was fair and declining to revive the lawsuit's contractual claims.

  • May 07, 2025

    Cannabis Firm Faces $11M Loan Default Lawsuit In Colo.

    A lender is suing a cannabis company that operates cultivators and more than 60 dispensaries in Colorado and Mexico, alleging it owes more than $11 million on a loan, has defaulted on that loan, and has been attempting to devalue collateral held by the lender.

  • May 07, 2025

    AWOL Plaintiff Dropped From Apple, Amazon Antitrust Case

    A Washington federal judge has ousted the lead plaintiff in a proposed antitrust class action against Apple and Amazon, after deciding last month to sanction the firm bringing the case for failing to tell the court the client had abandoned the case.

Expert Analysis

  • 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.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Boeing Ruling Is A Cautionary Tale For Trade Secret Litigants

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    A Washington federal court’s recent ruling canceling a $72 million jury award against Boeing because Zunum Aero had failed to properly identify its trade secrets highlights the value of an early statement of alleged secrets, amended through discovery and used as a framework at trial, says Matthew D'Amore at Cornell.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Google And The Next Frontier Of Divestiture Antitrust Remedy

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    The possibility of a large-scale divestiture in the Google search case comes on the heels of recent requests of business breakups as remedies for anticompetitive conduct, and companies should prepare for the likelihood that courts may impose divestiture remedies in the event of a liability finding, say Lauren Weinstein and Nathaniel Rubin at MoloLamken.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • Exploring Practical Employer Alternatives To Noncompetes

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    With the Federal Trade Commission likely to appeal a federal court’s recent rejection of its noncompete ban, and more states limiting the enforceability of these agreements, employers should consider back-to-basics methods for protecting their business interests and safeguarding sensitive information, says Brendan Horgan at FordHarrison.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Service Agreement Lessons From July's Global Tech Outage

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    The worldwide outages recently caused by Crowdstrike Holdings' misconfigured software update highlight the need to evaluate potential IT vendors, negotiate certain service agreement terms, and review existing agreements and diligence forms to help prevent future disruptions and mitigate the fallout should one occur, say attorneys at WilmerHale.

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