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Commercial Contracts

  • July 09, 2025

    T.I.'s Big Punitive Damages Win Cut To $1, Teeing Up 4th Trial

    A California federal judge has reduced a jury's $53.6 million punitive damages award for rapper T.I. and his wife, singer Tameka "Tiny" Harris, to a $1 remitter, setting up a fourth trial in the trademark infringement case if the Harrises don't accept the remitter, which they have already said they will decline.

  • July 09, 2025

    8th Circ. Finds 'Chicken Coop' Trade Secrets Fight Can't Fly

    The Eighth Circuit will not reinstate an Iowa restaurant operator's lawsuit seeking a declaration that it did not misappropriate the trade secrets of another restaurant of the same name in Nebraska, saying there is no federal question that federal courts can answer.

  • July 09, 2025

    Microsoft IT Supplier's Suit May Be Doomed, 9th Circ. Hints

    A Ninth Circuit panel picked apart a cybersecurity firm's appeal Wednesday in a case accusing Microsoft of misusing a proprietary database of login credentials recovered on the dark web, with one judge remarking that the conduct in question was "expressly permitted" by the parties' agreement.

  • July 09, 2025

    11th Circ. Rules Against Hotelier In Arbitration Battle

    The Eleventh Circuit on Tuesday affirmed a bankruptcy court's annulment of an automatic stay to allow enforcement of an arbitral award issued in a dispute over a failed $250 million hotel conglomerate, rejecting arguments that the order was barred under a 2020 U.S. Supreme Court decision.

  • July 09, 2025

    Quinn Emanuel Says 'Spite' Behind Unpaid $30M Legal Tab

    The new owners of a business that was forced by Quinn Emanuel Urquhart & Sullivan LLP attorneys to honor a merger agreement are refusing to pay a $30 million legal bill "out of spite," the firm has alleged in Massachusetts state court.

  • July 09, 2025

    Most Claims Tossed In $60M Mortgage Loan Sale Fraud Case

    Western Alliance Bank and others have escaped several claims in a $60 million suit accusing them of conducting a mortgage loan sale scheme to steal an investment management firm's property rights in the loans and their proceeds.

  • July 09, 2025

    NJ Justices Revive Bias Suit After Altice Evidence Falls Short

    The New Jersey Supreme Court on Wednesday revived an Altice USA customer's discrimination suit against the cellular provider, ruling that there is not enough evidence to show that it was a regular business practice of Altice to email customers an agreement containing an arbitration provision.

  • July 09, 2025

    4th Circ. Rejects Machinery Co.'s 3rd Try At Trade Secrets Suit

    The Fourth Circuit on Wednesday shot down a Taiwanese manufacturer's third attempt to pursue claims of trade secrets theft against its North Carolina distributor, rebuffing the idea that a manufacturer can hold distributors liable for misappropriation if they sell a rival's product.

  • July 09, 2025

    Telecom Consultant Seeks To Enforce Nonsolicitation Deals

    A Pittsburgh-based telecommunications consulting firm says three of its employees joined up with a competitor and violated their nonsolicitation agreements by taking certain customers and jobs with them, according to a lawsuit filed in Pennsylvania state court.

  • July 08, 2025

    5th Circ. Wary To Let Surety Stick Chevron With $11M Bill

    A Fifth Circuit panel seemed skeptical of a surety company's argument that BP and Chevron need to pony up $11 million to pay for decommissioning costs, asking Tuesday what to do with contractual language that seemingly absolved them of having to pay that bill.

  • July 08, 2025

    11th Circ. Rejects Fla. Jurisdiction In $17M Cheese Fraud Case

    The Eleventh Circuit declined Tuesday to revive a lawsuit accusing Savencia Cheese USA LLC and its executives of fraudulently selling two Florida companies a worthless cheese distribution company for $17 million, finding that the presence of deal counsel in Miami is not enough to keep the suit in Florida federal court.

  • July 08, 2025

    Wells Fargo Seeks Dismissal Of COVID-19 Mortgage Suit

    Wells Fargo said a North Carolina woman's claims that the bank forced the short sale of her home by denying her forbearance on her mortgage as mandated under federal law at the onset of the COVID-19 pandemic should be dismissed for several reasons, including that the short sale never actually occurred.

  • July 08, 2025

    4th Circ. Revives Medical Device Co.'s Claim In Contract Suit

    The Fourth Circuit on Tuesday revived a medical device maker's breach of contract claim alleging a company it hired to manage its patents globally overcharged for services, sending the case back to a Virginia federal court.

  • July 08, 2025

    Insurer Fights Coverage For $13M Townhome Arbitration Row

    An insurer told a Washington federal court it has no duty to defend or indemnify a developer facing a nearly $13 million arbitration demand from a construction lender, which claims the developer misrepresented the completion of underground facilities at a Seattle townhome project while requesting funds for the work.

  • July 08, 2025

    Metal Trader Eyes Jurisdiction Fight In $3.7M Int'l Trade Feud

    A Taiwanese company that says a Connecticut metals trading firm owing it $3.7 million for magnesium shipments has signaled its intent to press a claim under the United Nations Convention on Contracts for the International Sale of Goods in Connecticut federal court, despite a subject matter jurisdiction challenge.

  • July 08, 2025

    'Practice Better Judgment,' Judge Tells Comscore Foe

    A California federal judge "strongly" admonished a film distribution and data company for filing an amended monopolization complaint against Comscore on the Fourth of July, while also concluding that the filing mooted, for now, a bid to force the box office giant to continue sharing data.

  • July 08, 2025

    Tenet Sues Blue Cross Over $21M In Unpaid Medical Claims

    Tenet Healthcare providers have sued Blue Cross and Blue Shield of Florida Inc., claiming the insurer failed to pay more than $21 million in claims for a slew of necessary medical services provided by Tenet hospitals and outpatient facilities.

  • July 08, 2025

    Wash. Law Firm Settles Investors' Suit Over $1M Escrow Loss

    A Washington-based law firm has settled a lawsuit in which investors accuse it of losing $1 million in escrow funds intended as a security deposit on a medical supplies purchase, the parties have informed a federal judge just weeks before the scheduled trial date.

  • July 08, 2025

    Amazon Wants To Challenge Class Cert. Bid On The Stand

    Amazon has asked a Washington state federal judge to let it interrogate the expert witness backing a bid for class action status covering tens of millions of consumers, arguing that an evidentiary hearing, with cross-examination, is needed in the antitrust litigation accusing it of keeping online retail prices artificially high.

  • July 07, 2025

    6th Circ. Affirms Toss Of 'Que Sera, Sera' Writer's Family Spat

    The Sixth Circuit Monday refused to revive a royalties spat between the granddaughter and daughter of Jay Livingston, the late Oscar-winning co-songwriter of "Que Sera, Sera," saying in a published opinion that the granddaughter failed to plausibly allege that her mom's bids to terminate copyright grants were invalid.

  • July 07, 2025

    FTC Wants More Time To Present Case Against Amazon Prime

    The Federal Trade Commission asked a Washington federal judge for 10 days to put on its case-in-chief against Amazon over alleged deceptive practices that trick customers into automatically renewing Prime subscriptions, arguing the evidence at the upcoming trial would be "voluminous and complex," and lengthening the trial won't prejudice Amazon.

  • July 07, 2025

    Aetna's Trade Law Claim Lacks Merit, Air Ambulance Cos. Say

    Six out-of-state air ambulance companies suing Aetna in Connecticut federal court claiming violations of the federal No Surprises Act say they shouldn't be forced to face the insurer's Connecticut Unfair Trade Practices Act counterclaim because their billing practices were for a time allowed by federal law.

  • July 07, 2025

    11th Circ. Backs UBS' $6.5M Arbitration Win

    The Eleventh Circuit has rejected a Puerto Rican man's bid to vacate a roughly $6.5 million arbitration award given to UBS Financial Services Inc. that stems from a long-running account contract dispute, finding there was no misconduct in the proceedings.

  • July 07, 2025

    4th Circ. Revives SC Builder's Bid For Condo Repair Coverage

    A Charleston builder will get a second chance at recouping the money it spent repairing a condo complex that flooded after the Fourth Circuit on Monday partially vacated a pretrial win favoring its insurer, finding there are still unanswered questions about whether certain costs might be covered under its policy.

  • July 07, 2025

    Fanatics Told To Give Panini Licensing Docs In Antitrust Case

    A New York federal court said Monday that Fanatics Inc. must turn over unredacted versions of its licensing deals with major sports leagues and player associations that are at the heart of Panini America Inc.'s case accusing Fanatics of monopolizing the sports trading card market.

Expert Analysis

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling

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    The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Considering European-Style Lockboxes For US M&A In 2025

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    The lockbox mechanism, commonly used in Europe, offers an attractive alternative to the postclosing price adjustments that dominate U.S. merger and acquisition transactions in private equity, particularly with the market's demand for transparency likely to remain steadfast under Trump, says Laurent Campo at Potomac Law.

  • Using Contracts As Evidence Of Trade Secret Protection

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    Recent federal and U.S. International Trade Commission decisions demonstrate an interesting trend of judges recognizing that contracts and confidentiality provisions can serve as important evidence of the reasonable secrecy measures companies must take to prove the existence of protected trade secrets, say attorneys at Finnegan.

  • 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.

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