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Commercial Contracts

  • September 09, 2025

    Investor Tells Texas Justices UDF Claims Aren't Derivative

    The Texas Supreme Court on Tuesday pressed an alternative investment firm to explain how its suit against an adviser to a fund at the center of a $100 million, decadelong Ponzi scheme would not be classified as a derivative action, asking what distinct injury allows the firm to sue individually.

  • September 09, 2025

    Private Fund Adviser To Pay $9.7M To End SEC Suit

    The U.S. Securities and Exchange Commission announced on Tuesday that a real estate-focused Colorado private fund adviser and his two management firms would pay $9.7 million to settle claims of defrauding investors with misrepresentations, which include concealing conflicts of interests in proposed buyout transaction requests he sent to investors.

  • September 09, 2025

    Mich. Judge OKs Auto Mogul's $19M Bid To Reclaim Assets

    A Michigan federal judge on Tuesday allowed a Detroit-area auto parts manufacturer to buy assets in a sale held by his own trust as part of efforts to satisfy a years-old $775 million judgment against it, finding the businessman didn't interfere with the sale or flout a court sales procedure order.

  • September 09, 2025

    Nursing Exec Says $10.5M Fraud Penalty Excessive

    A nurse staffing executive convicted of wage-fixing told a Nevada federal court the U.S. Department of Justice's request for a $10.5 million forfeiture order for allegedly failing to disclose the antitrust investigation when selling his business is excessive.

  • September 09, 2025

    Fed. Circ. Revives Realtek's Fee Bid In Semiconductor IP Feud

    The Federal Circuit on Tuesday faulted U.S. District Judge Alan Albright for denying Realtek Semiconductor Corp.'s request for fees following the dismissal of a patent infringement suit against it, saying the semiconductor company is the prevailing party even if the accusing company willingly abandoned the case.

  • September 09, 2025

    Google Says Ad Tech MDL Market Should Stay Within US

    Google has urged a New York federal judge not to expand the scope of its advertising placement technology business as targeted by publishers and advertisers in multidistrict litigation, arguing the plaintiffs had their chance and cannot now latch onto the worldwide scope found in the Justice Department's successful case.

  • September 09, 2025

    Pa. Justices Seem Split On Uber's 'Clickwrap' Arbitration Link

    The Pennsylvania Supreme Court appeared unsure about whether arbitration agreements linked in apps like Uber adequately inform consumers that they're giving up the right to a jury trial by using services, with some justices commenting during oral arguments Tuesday that more explicit warnings couldn't hurt and others saying they could muddle the state's contract laws.

  • September 09, 2025

    Ski Mountain Owner Points To Google Remedies Decision

    A New York ski mountain owner is citing the recent remedies decision in the Google search antitrust case as it looks to avoid selling one of its properties after the court found it violated state law by purchasing and closing a neighboring mountain ski park.

  • September 09, 2025

    Nestlé Wins Singapore Court Battle Over Thai Coffee Dispute

    A court in Singapore refused on Tuesday to set aside an arbitral award favoring Swiss food and drink conglomerate Nestlé in a dispute with a Thai coffee magnate over a nixed deal by which his company served as the sole producer of Nescafé instant coffee in Thailand.

  • September 09, 2025

    Woman Says Co.'s Auto Insurer Owes $7.5M Crash Judgment

    A woman injured in a crash with a food service distributor's employee said the company's insurer must pay for a $7.5 million judgment entered in her favor, telling a Connecticut federal court Tuesday that the carrier failed to protect its insureds.

  • September 09, 2025

    Heartland To Pay $18M For Charges On School Lunch Cards

    Heartland Payment Systems LLC will pay $18.25 million to approximately 5.6 million parents and caretakers to resolve a class action alleging it levied unfair surcharges when they deposited lunch money onto school-sponsored reloadable cards used by their kids, according to a final settlement approval motion filed Monday in Florida federal court. 

  • September 09, 2025

    WNBA Warned Of Fed Antitrust Probe Over Conn. Sun Sale

    U.S. Sen. Richard Blumenthal is the latest Connecticut political figure to publicly fight to keep the WNBA's Sun franchise in the state, telling Commissioner Cathy Engelbert that the league's "interference" in the team's sale could be a federal antitrust violation.

  • September 09, 2025

    Alfa Insurance Beats Ga. Church In Fire Coverage Dispute

    Alfa Insurance Corp. won't owe any coverage for a metro Atlanta church's 2022 fire after notching an early win Tuesday on its claims that the church lied about prior property damage on its policy application.

  • September 09, 2025

    Franchise Law Firm Can't Dump Trash Co.'s Malpractice Suit

    A Charlotte, North Carolina-based law firm can't escape a trash compactor company's claims that it botched franchise agreements in 2019 and 2020, after a federal judge said it was too early for a final ruling on a statute of limitations defense.

  • September 09, 2025

    3rd Circ. Told Cigna's 'Private Label' Stelara May Alter Market

    A Johnson & Johnson subsidiary told a Third Circuit panel it would be "difficult" to calculate its potential monetary losses if a Cigna subsidiary were to launch its own version of an anti-inflammatory treatment, particularly if it permanently changed the market by giving the insurance giant a "private label" version that pharmacies would give preference over the original.

  • September 08, 2025

    Cleo AI Must Face Military Lending Suit Over Cash Advances

    Cleo AI must face an Army staff sergeant's proposed class action alleging it employs predatory lending practices through its cash advances that exceed the Military Lending Act's annual percentage rate cap on consumer credit, after a Washington federal judge said Monday the advances constitute as "credit" under the statute. 

  • September 08, 2025

    'Disappointed' Alsup Wants More Info On $1.5B Anthropic Deal

    U.S. District Judge William Alsup has declined to sign off on Anthropic's proposed $1.5 billion settlement with authors accusing the artificial intelligence developer of copyright infringement, saying he's "disappointed that counsel have left important questions" unanswered and instructing the parties to provide more information by the end of the month.

  • September 08, 2025

    DC Circ. Probes Sovereign Immunity In Nazi Art Case

    The D.C. Circuit on Monday grappled with whether claims asserted by the descendants of Hungarian Jewish art collectors over artwork stolen during the German occupation of Hungary are barred under sovereign immunity, focusing on how to delineate an "occupation."

  • September 08, 2025

    Ex-Franchisee: College Biz Suit A 'Play For Leverage'

    A lawsuit accusing a college consultant of breaching a contract with a former franchising company is nothing more than a "play for leverage" in an ongoing legal battle crossing state lines, consultant Gurpartap "Sunny" Grewal told a North Carolina federal court Friday.

  • September 08, 2025

    Las Vegas Man Gets 7 Years For $1.4M Fraud Scheme

    A Las Vegas man who pled guilty to charges related to defrauding investors out of $1.4 million, largely for a phony cannabis manufacturing venture, was sentenced to seven years in prison by a New York federal judge in a Friday order that more than doubled the maximum time prosecutors sought.

  • September 08, 2025

    Playboy Secures $81M Arbitration Win Over Ex-Licensee

    Playboy Inc. said Monday it has been awarded damages of approximately $81 million by an international arbitration tribunal against a former Chinese licensee.

  • September 08, 2025

    Court Tosses Benefits Co.'s Atty Fee Claim Against Insurer

    An Illinois federal court on Monday threw out a benefits administration company's counterclaim for attorney fees under a state statute relating to "vexatious and unreasonable" conduct by insurers, finding that the company failed to support its claims that an insurer engaged in such conduct with sufficient facts.

  • September 08, 2025

    11th Circ. Says Cos.' 20-Year Contract Fight Properly Ended

    The Eleventh Circuit won't revive fastener and components supplier Whitesell Corp.'s contract fight with household appliance maker Electrolux and a lawn and garden equipment-maker spinoff company, saying it will not disturb various court rulings that led to a nearly $9 million jury verdict after 20 years of litigation.

  • September 08, 2025

    Biz Groups Ask Justices To Shield Freight Brokers From Suits

    Business and trucking trade groups asked the U.S. Supreme Court to smooth out splintered circuit court rulings that have exposed freight brokers to patchwork liability for state-based negligence claims, saying there could be lasting disruptions to the supply chain if the justices don't intervene.

  • September 08, 2025

    Phone Dealer, Freight Co. Settle Suit Over Stolen Shipment

    PCS Wireless LLC and RXO Capacity Solutions LLC have reached a settlement in the cellphone dealer's lawsuit over a stolen shipment and a contentious discovery dispute, according to a joint notice filed in a North Carolina federal court.

Expert Analysis

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Tracking The Evolution Of Liability Management Exercises

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    As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • 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.

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