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Commercial Contracts

  • 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.

  • May 07, 2025

    Developer Fights NJ Power Broker's Bid To Nix Civil RICO Suit

    A Camden, New Jersey, real estate developer is fighting to keep alive his civil racketeering suit against South Jersey power broker George Norcross, arguing in New Jersey state court the recent dismissal of a related indictment against Norcross "changes nothing" in the civil litigation.

  • May 07, 2025

    Fla. Law Firm Says Paralegal Stole Its Trade Secrets

    A law firm in Miami is suing a former paralegal in Florida state court, saying she misappropriated trade secrets and stole thousands of attorney-client records following a negative performance review.

  • May 07, 2025

    Ga. Judges Dubious Of Path To Atty Fees In Crash Injury Case

    A Georgia appellate panel seemed to doubt Wednesday an injured driver's claims that he could recover attorney fees from Allstate Insurance Co. after the insurer rejected a settlement offer prior to a $1.5 million verdict in the driver's favor, suggesting he'd have to pursue a separate suit to recover his expenses.

  • May 07, 2025

    Chemours Pans 'Perplexing' Patent Claim In Distribution Row

    The Chemours Co. FC LLC has ripped a competitor's amended antitrust suit against it and its distributor for adding a "perplexing claim" for a declaratory judgment that the chemical company does not have any patents on a refrigerant, arguing that patents are a matter of public record and that the suit should be tossed.

  • May 07, 2025

    9th Circ. Affirms FTC Loss In Microsoft-Activision Case

    The Ninth Circuit on Wednesday affirmed a lower court's ruling in a Federal Trade Commission case that refused to block Microsoft's $68.7 billion acquisition of game developer Activision Blizzard Inc.

  • May 06, 2025

    Cerence Sues Microsoft Over Text-To-Speech Tech Use

    Massachusetts-based artificial intelligence company Cerence Inc. on Tuesday sued Microsoft and a Microsoft subsidiary in Delaware federal court alleging copyright infringement and accusing them of selling licenses to Cerence's text-to-speech technology without permission.

  • May 06, 2025

    Emory Parent's COVID Tuition Refund Suit Axed Over Standing

    A Georgia federal judge threw out a proposed class action filed by the father of an Emory University student seeking a refund over the university's closures during the COVID-19 pandemic, finding only the student had the right to sue.

  • May 06, 2025

    Apple Seeks Sanctions Against Winston & Strawn In App Suit

    Apple has asked a California federal judge to sanction Winston & Strawn LLP and its client Musi Inc., arguing Monday they made "false and misleading allegations" in a lawsuit over Apple's decision to boot the music streaming service from the App Store for intellectual property infringement.

  • May 06, 2025

    Biz Owner Says $5M Panama Award Suit Should Be Paused

    A Miami businessman and his company asked a Florida federal court on Monday to pause Panama's bid to enforce a $4.8 million arbitral award over construction agreements, arguing that it should wait until a parallel arbitration concludes.

  • May 06, 2025

    NY Says Owner Has To Sell Ski Resort After Antitrust Loss

    A New York ski resort operator who a state judge has ruled violated antitrust law by buying a rival and shutting it down should have to sell off one of its properties, preferably the one it shut down, so it can be reopened for next winter, the Empire State is arguing.

  • May 06, 2025

    Boeing Battles Bid To Depose Engineer In 737 Max Fraud Suit

    Boeing is fighting LOT Polish Airlines' bid to force the deposition of a former 737 Max program engineer, contending the ex-employee's testimony isn't necessary in the airline's $200 million federal lawsuit accusing the aerospace giant of concealing jet design safety concerns to ink a 2016 lease deal.  

  • May 06, 2025

    Texas Jury Clears Marathon Oil In $123M Force Majeure Case

    A Texas federal jury has freed Marathon Oil Co. from a $123.7 million contract dispute stemming from a natural gas delivery impeded in 2021 by Winter Storm Uri.

  • May 06, 2025

    Cipriani Bellini Maker Says Drink Importer Copies Cocktail Dress

    Cipriani Bellini maker Altunis and its U.S. licensee Bicobi Ltd. have sued alcohol importer Monsieur Touton Selection in New York federal court for allegedly infringing its trade dress by using an Altunis cocktail's seafoam green color bottle and package for its own products after Bicobi walked away from a distribution agreement.

  • May 06, 2025

    DR Horton Sued In Del. Over Property Deal Conflict Claims

    Stockholders of residential land developer Forestar Group Inc. sued national homebuilding giant and Forestar controller D.R. Horton derivatively late Monday for hundreds of millions in potential damages tied to billions' worth of allegedly conflicted, below-market sales to Horton of Forestar-prepared lots.

  • May 06, 2025

    Mich. Judge Urges Contract Suit Settlement After $32M Verdict

    A Michigan federal judge on Tuesday granted a pot farm's bid for prejudgment interest on a $31.8 million verdict in its contract dispute against two Curaleaf units, but declined to sanction the units and said it was advisable for both sides to reach a settlement in post-judgment proceedings.

  • May 06, 2025

    Mylan Agrees To Keep Nausea Generics Off Market Until 2032

    Mylan Pharmaceuticals Inc. can enter the market in 2032 with a generic anti-nausea drug to compete with Heron Therapeutics Inc. products after the companies settled patent infringement litigation in Delaware federal court.

  • May 06, 2025

    Ex-CEO Can't Shake Conviction In COVID Test Kit Fraud Case

    The former chief executive of a healthcare software company who touted a $670 million COVID test kit deal that collapsed was denied acquittal Monday by a Newark federal judge who ruled the evidence was sufficient for a reasonable juror to find beyond a reasonable doubt that he had engaged in securities fraud.

  • May 06, 2025

    Ill. Judge Trims False Ad Suit Over Smartfood Popcorn

    An Illinois federal judge on Monday partially granted a bid by PepsiCo to dismiss a putative class action alleging popcorn made by subsidiary Smartfoods Inc. was deceptively marketed as containing no artificial flavors or preservatives, when it contains maltodextrin, while saying the plaintiffs had done enough at this stage to allege the ingredient is an artificial preservative.

Expert Analysis

  • When US Privilege Law Applies To Docs Made Outside The US

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    As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.

  • Why Asset-Based Loans May Suit PE Companies In 2025

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    As the prospect of higher tariffs and interest rates expands the need for liquidity, private equity investors would do well to explore the timing and provisions of asset-based loans offered in the burgeoning credit-fund sector, say attorneys at McDermott.

  • Why Class Cert. Is Unlikely In Cases Like Mattel 'Wicked' Suit

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    A proposed class action recently filed in California federal court against Mattel over the company's "Wicked" doll boxes accidentally listing a pornographic website illustrates the uphill battle plaintiffs face in certifying a class when many consumers never saw or relied on the representation at issue, says Alex Smith at Jenner & Block.

  • Adapting Force Majeure To A Predictably Unpredictable World

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    As the climate and political landscapes get more complicated, force majeure provisions will likely be triggered increasingly often, demanding an evolving understanding of when events and their impacts are truly unforeseeable, say attorneys at Nossaman.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • A Legal Perspective On NYC's Retail Real Estate Evolution

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    As New York City's retail market begins to show signs of resilience after the challenges of recent years, landlords must be cognizant of legal implications from shifting trends toward shorter-term leases and pop-up stores, says Andrea Gendel at Pryor Cashman.

  • The Fed. Circ. In October: Anti-Suit Injunctions And SEPs

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    The Federal Circuit's holding in Ericsson v. Lenovo, a complex global case involving standard-essential patents, will likely have broad consequences for practitioners, including by making it easier to obtain an anti-suit injunction, say attorneys at Knobbe Martens.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

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