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Commercial Contracts

  • May 01, 2025

    Soccer Club Spars Over Evidence As Stadium Trial Looms

    An Oklahoma soccer team suing the National Premier Soccer League for breach of contract argued that the trial court should allow evidence showing that it lost revenue after the organization refused to allow access to a local stadium for its home games.

  • May 01, 2025

    Chancery Finds Contract Bars Appeal In Med Co. Merger

    Private equity-tilted limited liability company contract terms beat minority investor challenges to the fairness of the $8.9 billion merger in January 2023 that joined Summit Health-CityMD and VillageMD, a Delaware vice chancellor ruled late Wednesday.

  • May 01, 2025

    Army Contractor Seeks $1.3M Over Undelivered Cable Sets

    A U.S. Army contractor sued a custom cable manufacturer in Texas federal court Thursday, alleging that it is owed more than $1.3 million for specialized cable sets that were never delivered.

  • May 01, 2025

    Truckers Win $10M In Row Over Pay For Freight Transport

    A Michigan federal judge on Wednesday awarded $10.4 million to a class of truckers who sued RSP Express Inc. alleging the company and its owners skimmed off the top of their contracts, shorting drivers for freight they transported.

  • May 01, 2025

    'Continuous' Defaults Wipe $20M Gas Plant Verdict, Court Told

    Arrow Field Services LLC has asked the Texas Supreme Court to wipe out a $20 million verdict for its general contractor on a North Dakota natural gas plant because the company "was in continuous default" during the project.

  • May 01, 2025

    Hair, Makeup, Legal: The Lawyering Behind The Met Gala

    While the red carpet arrivals of the biggest names in the entertainment industry are sure to win the most attention at the Met Gala on Monday, attorneys also play a significant role in advising the brands and celebrities at the center of fashion's biggest night.

  • May 01, 2025

    11th Circ. Says Ga. Smoke Shop Can't Burn $1.1M Verdict

    The Eleventh Circuit said a Georgia-based tobacco importer will remain on the hook for a $1.1 million verdict for selling counterfeit rolling papers, rejecting the company's arguments that the Lanham Act damages levied against it needed to bear close relation to the actual damages suffered by the papers' manufacturer.

  • May 01, 2025

    Home Depot Faces Tool Rental 'Damage Protection' Suit

    Home Depot was hit with a proposed class action in Georgia federal court Wednesday over allegations that it consistently breaches provisions of its rental contracts by unilaterally applying damage protection without customers opting into the service.

  • May 01, 2025

    McCarter & English Fights Ex-Client's $1M Fee Reduction Bid

    A former McCarter & English LLP client waited too long to challenge interest calculations that added more than $1 million to an attorney fee award, the firm has argued, asking a judge to reject Jarrow Formulas Inc.'s bid to reduce a March 12 judgment totaling $3.8 million.

  • April 30, 2025

    Venezuela Chemical Co. Takes Aim At 11th Circ. Decision

    A Venezuelan state-owned petrochemicals company is urging the U.S. Supreme Court to clarify which party has the burden of proving whether sovereign immunity applies in litigation targeting foreign countries, as it looks to dodge litigation to enforce a $23 million debt owed to a Florida chemical wholesaler.

  • April 30, 2025

    Colo. Chicken Co. On Hook For $3M Supply Chain Settlement

    A Washington federal judge has ordered a Colorado-based poultry processor to reimburse a grocery distributor's $3 million settlement with an ex-Trader Joe's vendor that sued over a bony batch of meat, adding to more than $13.5 million the chicken producer owes following a December trial.  

  • April 30, 2025

    Calif. Bar Seeks Credits, Lower Pass Score After Exam Fiasco

    The California Bar has asked the state's supreme court to help it account for rampant technical difficulties on the February 2025 bar exam by approving a lower passing score and allowing the bar to give test-takers credit for some questions they left blank.

  • April 30, 2025

    Anheuser-Busch Must Face Trial In $90M SpikedSeltzer Case

    Anheuser-Busch must face a jury in a multimillion-dollar contract claim surrounding its 2016 buyout of a hard seltzer product line from its inventors and their investors, a Connecticut trial court judge ruled Wednesday, partially declining the beverage giant's bid for a quick win.

  • April 30, 2025

    Judge Will OK Wellpath's Ch. 11 Plan Over Release Objections

    A Texas bankruptcy judge said Wednesday he will confirm prison healthcare company Wellpath's Chapter 11 plan over objections after the debtor achieved a global settlement and agreed to additional changes, saying he was convinced the plan offered the best outcome.

  • April 30, 2025

    Judge Rejects $5M Fee Bid In Prospect Medical's Ch. 11

    Bankruptcy Code provisions that allow creditors who make substantial contributions to be reimbursed for costs don't cover Prospect Medical's pre-Chapter 11 investment banker, a Texas bankruptcy judge said Wednesday, rejecting a finance firm's bid for a $5 million sale fee.

  • April 30, 2025

    Energy Cos., Texans Seek To Dodge $230M Project Feud

    Guatemalan and Texas energy companies and several Texas residents are pushing to join a petition from oilfield services company Schlumberger NV to try to avoid being dragged into an arbitration through which US Oil of Guatemala aims to seek $230 million in damages over an allegedly mismanaged hydrocarbon project in Guatemala.

  • April 30, 2025

    Agri Stats Gets Say In DOJ's Poultry Worker Wage-Fixing Case

    A Maryland federal court allowed Agri Stats Inc. to intervene Wednesday in the U.S. Department of Justice's case accusing Wayne-Sanderson Farms and George's Inc. of suppressing wages, after the government said the poultry companies need to stop using the agricultural data firm.

  • April 30, 2025

    Amazon's Suit Over Soured Solar Deals Survives Dismissal

    Amazon can sue a California-based private equity company and firms tied to a pair of Golden State solar energy developments for allegedly trying to sabotage the projects after signing long-term power purchase deals, a Washington state judge has ruled, rejecting jurisdictional arguments from the defendants.

  • April 30, 2025

    3rd Circ. Preview: NJ To Defend ICE Contractor Law In May

    The Third Circuit's argument lineup for May will see the state of New Jersey defend a law barring its immigration detention centers from contracting with U.S. Immigration and Customs Enforcement, while Rutgers University seeks to keep its victory over claims it falsely inflated its business school's ranking.

  • April 30, 2025

    Fla. Lender Urges 11th Circ. To OK Arbitration In Fee Suit

    A Florida credit union urged an Eleventh Circuit panel Wednesday to overturn a lower court order denying arbitration in a proposed class action over wrongly assessed overdraft fees, saying failure to preregister with the American Arbitration Association isn't grounds for a default.

  • April 30, 2025

    DraftKings Wants MLB Players' IP Case Sent To 3rd Circ.

    Sports betting company DraftKings Inc. told a Pennsylvania federal judge Wednesday that she was wrong to allow an MLB players organization's suit over unlicensed use of athletes' likenesses to proceed, arguing that the Third Circuit should weigh in on potentially novel legal issues that could quickly end the case.

  • April 30, 2025

    Biotech Co. Throws Flag On NFL Alumni's Bid To Toss Suit

    A biotechnology company accusing the National Football League's largest alumni club of breaking a contract in retaliation for being questioned about its use of government funds told a Georgia federal court Tuesday the company would add details to its suit to head off the club's bid to have the suit thrown out.

  • April 30, 2025

    Honeywell, Sourcing Co. End Scuffle Over Soured Supply Deal

    Honeywell has dropped its lawsuit accusing a sourcing company of making up quality concerns to bail on a contract for medical-grade gloves, according to a notice filed in the North Carolina Business Court.

  • April 30, 2025

    McDonald's Operator Loses Assault Suit Coverage Appeal

    Two insurers were correct to deny coverage for a former Pittsburgh-area McDonald's franchisee in a lawsuit accusing it of failing to stop a supervisor from sexually harassing and assaulting underage employees, since the litigation that sent it into bankruptcy fell under exceptions to the insurance policies, a Third Circuit panel ruled Wednesday.

  • April 30, 2025

    Amazon Can't Claw Back 'Inadvertent' Discovery Docs

    A Seattle federal judge has ruled that documents Amazon.com Inc. produced as part of three proposed antitrust class actions may not be clawed back, finding that despite the online retailer's claims that they were produced "inadvertently," there was no indication the document-sharing was a mistake.

Expert Analysis

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

  • Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'

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    A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.

  • 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.

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