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Commercial Contracts

  • September 03, 2025

    Stoel Rives Gets Pot Co. Fraud Case Sent To Arbitration

    A California federal judge has sent a nonalcoholic cannabis beer company's claims alleging it was duped by Stoel Rives LLP and its clients into spending $2.2 million on an illicit business to arbitration, saying it can't escape a valid arbitration clause by refusing to participate.

  • September 02, 2025

    Google Advertisers' Attys Get $30M As $100M Deal Approved

    A California federal judge on Friday granted final approval of a $100 million settlement resolving a long-running certified class action that accused Google of overcharging for advertisements, authorizing $30 million in attorney fees as part of the deal — more than a $25 million benchmark but below a desired $33 million.

  • September 02, 2025

    5th Circ. Judge Says Reimbursement Drop 'Not Chicken Feed'

    A U.S. Circuit judge pushed the government to explain the policy rationale behind lowering how much hospitals can recoup in Medicare reimbursements for treating low-income patients who use state-specific programs, saying Tuesday the rule was seemingly aimed at "screwing these hospitals out of reimbursements."

  • September 02, 2025

    Amazon Judge Unseals Ruling Certifying Huge Antitrust Class

    A largely unredacted version of a Washington federal judge's order certifying a class of roughly 300 million consumers in a sweeping antitrust case accusing the e-commerce giant of inflating prices through its merchant policies was filed Friday, offering a window into the court's viewpoints after the initial order was sealed.

  • September 02, 2025

    Financial Firm Can't Pierce Atty-Client Privilege, Judge Rules

    Wealth Enhancement Group LLC cannot override privilege laws to view communications between a former financial adviser's new employer and its lawyers at Spencer Fane LLP, according to a Connecticut judge who viewed the contested documents privately.

  • September 02, 2025

    5th Circ. Says Firm Is Making 'Circular Problem' In Doc Dispute

    A Fifth Circuit panel pushed back Tuesday on a law firm's assertion that it gets to keep documents associated with a $30 million settlement with Ocwen Financial Corp. even though those documents were allegedly used to breach the settlement agreement, saying they were making a circular argument.

  • September 02, 2025

    2nd Circ. Affirms Arizona Iced Tea's Audit Expense Coverage

    Hanover Insurance Co. must cover the maker of Arizona Iced Tea for additional audit expenses from a power surge that erased years of financial data, the Second Circuit determined Tuesday, finding that delays and additional costs were directly traced to the surge and therefore covered.

  • September 02, 2025

    FTC, Amazon Urged To Iron Out Antitrust Discovery Tiff

    A Washington federal judge handling the Federal Trade Commission's landmark antitrust case against Amazon suggested on Tuesday the parties continue working toward a solution after the commission protested that the company failed to pass on documents received from other online retailers in related litigation in California.

  • September 02, 2025

    Md. Says Liability Shield Doesn't Apply To Dali Ship Manager

    The state of Maryland, injured plaintiffs and other claimants have told a federal judge that the manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge last year cannot invoke a nearly two centuries old maritime law to limit its liability for the wreck.

  • September 02, 2025

    4th Circ. Won't Stop Dance Teachers From Using 'Inspire' TM

    A charter school failed to convince the Fourth Circuit to block two former teachers from using the name "Inspire" for their dance company, with a panel finding Tuesday that the school's trademark infringement and false advertising claims didn't have enough juice.

  • September 02, 2025

    NASCAR Limits Charter Sales Amid Antitrust Trial Pressure

    Hoping to avoid a preliminary injunction, NASCAR has agreed not to sell any charters this season and to limit sales next season in an effort to appease the teams accusing the organization in a North Carolina federal court lawsuit of monopolizing stock car racing.

  • September 02, 2025

    NJ Judge Tosses REIT Shareholders' Liquidation Suit

    A New Jersey federal judge has rejected a proposed class action filed by shareholders accusing several real estate investment trusts and other parties of misleading them in order to avoid liquidating the REITs, ruling the claims must be thrown out without prejudice.

  • September 02, 2025

    Textor Cites Missing Docs To Fight $93M Share Buyout Claim

    The owner of a portfolio of professional football clubs told a London court he wasn't obliged to pay $93.6 million for an investment vehicle's stake in his company, arguing that it failed to provide documents needed for the transaction.

  • August 29, 2025

    OpenAI Denied Discovery On Musk's Buy Offer, Meta's Role

    A California federal magistrate judge blocked further OpenAI discovery into Elon Musk's $97.4 billion offer to buy the ChatGPT maker amid a lawsuit challenging its attempted shift into a for-profit business, finding that discovery on the offer, and any involvement by Meta and CEO Mark Zuckerberg, must wait.

  • August 29, 2025

    RICO, Fraud Claims Tossed In LA Real Estate Investment Suit

    A Georgia federal court has determined that fraud and racketeering claims from a group of Chinese and American investors in a real estate investment suit alleging a group of fraudsters duped them out of millions of dollars with bogus representations are barred by merger clauses and federal securities regulations.

  • August 29, 2025

    NC Tex-Mex Chain Says Ex-Employee Defected With Recipes

    The owner of a string of Tex-Mex restaurants has accused a former employee in North Carolina Business Court of taking the chain's proprietary recipes, menus, drinks and decor several states away to use at another restaurant in Missouri.

  • August 29, 2025

    NC Biz Court Crops Doctors' Dispute Over Practice Split

    A state court judge has pared down claims against a North Carolina doctor in a messy legal dispute with his former business partners, finding they failed to show how he breached a settlement agreement governing their separation and that his allegedly disparaging remarks about another doctor don't rise to the level of causing extreme emotional distress.

  • August 29, 2025

    Tort Report: Uber's 'Click-Through' Arbitration In Pa. Spotlight

    Upcoming oral arguments in a key suit over arbitration terms for Uber passengers and a closely watched medical malpractice case at the Texas high court lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • August 29, 2025

    Panel Nixes Buzbee Win Against Atty Who Aided Campaign

    A Texas state appeals court has reversed a $765,000 summary judgment awarded to personal injury lawyer Tony Buzbee in a dispute with an attorney who said she was never paid for her contributions to his 2019 Houston mayoral campaign.

  • August 29, 2025

    Suspended Yale Student Defends Suit Over Cheating Claims

    A suspended Yale University student who was accused of using artificial intelligence to cheat has asked a Connecticut federal judge to keep a lawsuit over his discipline alive, calling for relief from the "ongoing harm" to his reputation and career prospects.

  • August 29, 2025

    Quinn Emanuel, Nano Dimension Debate $30M Fee Spat Venue

    Quinn Emanuel Urquhart & Sullivan LLP has urged a Massachusetts federal court to send a dispute over $30 million in legal fees allegedly owed by former client Desktop Metal back to state court to hash out claims with its parent company Nano Dimension, while Nano says the dispute belongs in Texas bankruptcy court.

  • August 29, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Prosecco DOC Consortium bring an intellectual property claim against a distributor, the Serious Fraud Office bring a civil recovery claim against the ex-wife of a solicitor jailed over a £19.5 million fraud scheme, and law firm Joseph Hage Aaronson & Bremen LLP sue its former client, the bankrupt Indian tycoon Vijay Mallya. Here, Law360 looks at these and other new claims in the U.K.

  • August 28, 2025

    Email Excluded From Harassment Suit Against Paxton Deputies

    A Texas federal judge on Thursday struck an email from a sexual harassment lawsuit brought against the founders of a law firm founded by former top attorneys in the Texas attorney general's office, but said the plaintiff could conduct discovery regarding the email.

  • August 28, 2025

    Hollywood Producer Stole $12M From Films, Others, Feds Say

    A Hollywood producer was arrested Wednesday in South Carolina and accused of stealing $12 million from film projects and others by misappropriating funds and forcing productions to pay for COVID-19 testing that never occurred, the U.S. Department of Justice announced Wednesday.

  • August 28, 2025

    'Animosity' In NASCAR Suit Raises Red Flag For NC Judge

    A North Carolina federal judge on Thursday cautioned out-of-state counsel in the NASCAR antitrust litigation to familiarize themselves with how a Charlotte jury thinks after they traded backhanded barbs in front of a packed courtroom, saying trial tactics that might pass in other states won't work in the Queen City.

Expert Analysis

  • Negotiating Triparty Hotel Agreements To Withstand Risk

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    Brewing economic uncertainty in the hospitality industry underscores the importance of subordination, nondisturbance and attornment agreements, and hotel managers should tightly negotiate these agreements to ensure remedies will not disturb key rights, say attorneys at Sidley.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • Independent Contractor Rule Up In The Air Under New DOL

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    In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.

  • Key Questions When Mediating Environmental Disputes

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    As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • Notable Q1 Updates In Insurance Class Actions

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    The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • Reviving A Dormant Criminal Statute In Antitrust Prosecution

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    The U.S. Department of Justice is poised to revive a dormant misdemeanor statute to resolve bid-rigging charges against a foreign national, providing important context to a recent effort to entice foreign defendants to take responsibility for pending charges or face the risk of extradition, say attorneys at Axinn.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

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    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

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