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Commercial Contracts

  • May 28, 2025

    5 Federal Circuit Clashes To Watch In June

    The Federal Circuit will hear cases in June that include an attempt to revive and expand a discarded $64 million trade secrets judgment against Goodyear, and a dispute between drugmakers Acorda and Alkermes that asks when licensees who pay royalties on expired patents can get a refund in arbitration.

  • May 28, 2025

    Agency Says Klehr Harrison Testimony Allowed In NFL Case

    A sports management company on Wednesday argued that a Pennsylvania federal court's previous sanction orders permit the testimony it is seeking from two Klehr Harrison Harvey Branzburg LLP attorneys who represented defendants in a lawsuit over an alleged attempt to poach former Detroit Lions wide receiver Kenny Golladay as a client.

  • May 28, 2025

    NJ Pot Shop Says Payment Processor Is Withholding Funds

    A New Jersey dispensary is urging a federal court to order two electronic payment processors and a Florida bank to give back $273,820 of its money, claiming that if the cash is not released in short order the cannabis shop will become insolvent.

  • May 28, 2025

    Amazon Seeks To End FTC's Prime Subscription Case

    Amazon and the Federal Trade Commission have both asked a Washington state federal court to hand them wins ahead of trial in the agency's case accusing the e-commerce giant of trapping consumers into Prime subscriptions.

  • May 28, 2025

    DOJ Says Justices' Ruling Backs Nursing Exec's Conviction

    The U.S. Department of Justice is pointing to a recent U.S. Supreme Court ruling to bolster its fight against a new trial being sought by a convicted Nevada nursing home executive, saying that the new high court decision establishes that economic loss isn't needed to prove wire fraud.

  • May 28, 2025

    DOJ Tells Justices American Airlines Can't Renew JetBlue Pact

    The federal government told the U.S. Supreme Court that the First Circuit correctly determined that American Airlines failed to prove at trial that its codeshare agreement with JetBlue in Boston and New York had procompetitive benefits, and the carrier's attempt to revive the alliance is moot anyway.

  • May 28, 2025

    4th Circ. Finds Towers Watson's Merger Deals Not Covered

    Towers Watson's insurers have no obligation to pay out their remaining directors and officers coverage to help fund settlements resolving shareholder litigation over the company's merger with Willis, the Fourth Circuit affirmed Wednesday, saying the deals fall plainly within the scope of a so-called bump-up exclusion.

  • May 28, 2025

    NC BBQ Joint Roasts Flagship Over Trademark Use

    A chain of fast casual barbecue restaurants in North Carolina has accused the original location of misusing the brand's trademarks to sell sauces and rubs beyond the bounds of its alleged licensing agreement, according to a newly designated state Business Court complaint.

  • May 28, 2025

    Ga. Lawyer Disbarred After Contract Forgery Probe

    A Georgia attorney was disbarred Wednesday for altering a contract at the heart of a commercial dispute in a failed attempt to deceive a trial court, as the state supreme court rejected his defenses for his "dishonesty, fraud, and deceit."

  • May 28, 2025

    Wash. Court Blocks Atty From Sharing Nonparty Client's File

    A Washington appeals court says an Evergreen State attorney may not disclose a client's confidential file for in-camera review to support his defense in an estate's legal malpractice case, finding the disclosure would go against the state's professional conduct rules.

  • May 28, 2025

    NRA President's Attys Want Out Of Election-Inspection Case

    The lawyers representing the recently elected president of the National Rifle Association in a contract dispute stemming from investigations of the 2020 election are asking a Michigan federal court to excuse them from the case, after their client allegedly heard from his codefendant and stopped talking to them.

  • May 28, 2025

    NC Paint Co., Ex-Owners Seek Wins Over $15M Project Pullout

    A North Carolina paint finishing company accused of abandoning a $15 million contract to put in a powder coating system at a forklift manufacturer's facility asked a federal judge for a pretrial win, arguing that the manufacturer has not shown its entitlement to damages.

  • May 27, 2025

    Fortress' Power On VLSI Board Takes Spotlight At Trial's Start

    Fortress Investment Group's head of intellectual property told a Texas federal jury Tuesday that his company's overlap with investment funds that run VLSI Technology and Finjan Holdings highlights its dedication to overseeing investors' best interests, not that Fortress controls the funds.

  • May 27, 2025

    'Gone In 60 Seconds' IP Appeal 'Stalls At Starting Line'

    A Ninth Circuit panel held Tuesday that the customized Ford Mustangs called "Eleanor" that were featured in four films — most recently in the 2000 Nicolas Cage film "Gone in 60 Seconds" — is not a copyrightable character.

  • May 27, 2025

    ÃÛÌÒÊÓÆµ Nixes Snap Finance Suit In Latest Enforcement Cutback

    The Consumer Financial Protection Bureau on Tuesday permanently dropped its Utah federal lawsuit against Snap Finance, a lease-to-own fintech, adding to the list of Biden-era enforcement actions that the agency has walked away from under Trump-appointed leadership.

  • May 27, 2025

    Trader Seeks OK Of $4.7M Award Against Mexican Co.

    A commodities trading company has asked a Texas federal judge to enforce a $4.7 million arbitral award against a Mexican petroleum product distributor in a dispute over the distributor's failure to satisfy its obligations as a debt guarantor for its sister company.

  • May 27, 2025

    Renaissance Fair Co. Says Landlord Planned 'Knock-Off' Event

    The operator of a New England Renaissance fair has accused its landlord of stalling on a long-term lease extension in order to plan a "knock-off version" of the event.

  • May 27, 2025

    Colo. Justices Won't Hear Atty's Challenge To Law Firm NDA

    The Colorado Supreme Court ruled Tuesday that it will not consider an attorney's petition fighting her nondisclosure agreement with a prominent local law firm, ending her argument that the agreement violated a professional rule prohibiting firms from limiting an attorney's ability to practice law after ending an employment relationship.

  • May 27, 2025

    AMS Nets $52M As 17-Year-Old Trade Secrets Case Wraps

    Light sensor maker AMS has been granted a $51.7 million judgment against a rival in Texas federal court, ending a 17-year-old trade secrets case that has gone through multiple appeals and two trials.

  • May 27, 2025

    Judge Says Kaiser, UFCW Staffing Fight Belongs In Arbitration

    A United Food and Commercial Workers local and a Colorado healthcare group affiliated with Kaiser Permanente must resolve their understaffing dispute in arbitration, a Colorado federal judge ruled Tuesday, saying the evidence presented at a six-day bench trial revealed that the fight is arbitrable.

  • May 27, 2025

    Stellantis, UAW Agree To Drop Dispute Over Colo. Strike Vote

    Stellantis and a United Auto Workers affiliate representing the company's Denver parts distribution center have agreed to drop their dispute over a December strike authorization vote, according to a joint stipulation for dismissal filed by the parties in Colorado federal court.

  • May 27, 2025

    Fla. Judge Pauses Suit Over Baseball Player's Death

    A Florida state court judge on Tuesday ordered a temporary halt to a lawsuit alleging medical malpractive against a Minnesota Twins physician over the death of a minor league baseball player, pausing the case while an order denying immunity for the doctor is appealed.

  • May 27, 2025

    6th Circ. Urged To Revive FedEx, Kellogg Pension Suits

    FedEx and Kellogg retirees urged the Sixth Circuit to revive two proposed class actions alleging their ex-employers' use of outdated actuarial assumptions shortchanged the value of their pension annuity benefits, arguing that definitions of the term "actuarial equivalent" from the time federal benefits law was enacted supported their appeals.

  • May 27, 2025

    Latest Junior Hockey Players' Abuse Suit Against NHL Tossed

    An antitrust class action by two junior league hockey players, accusing the National Hockey League and Canadian Hockey League of collusion and abusive treatment during their development, was dismissed by a Washington state federal court, the second venue in which their suit was thrown out.

  • May 27, 2025

    Rental Co. Signs Deal With Pa. AG Over AI-Related Delays

    The Pennsylvania arm of a Las Vegas-based rental management company will pay the state $45,000 — including $30,000 in refunds for tenants — to settle allegations that its artificial intelligence platform contributed to delays in repairs and rentals of unsafe housing, the Pennsylvania attorney general's office announced Tuesday.

Expert Analysis

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • 5 Key Licensing Considerations For AI Innovations

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    As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • How The CRE Industry Is Adapting To Tariff Uncertainty

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    Amid uncertainty about pending tariffs and their potential ripple effects, including higher material costs, supply chain delays and tighter margins, commercial real estate industry players are focusing on strategic planning and risk mitigation, says Daniel Diaz Leyva at Day Pitney.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • How Attorneys Can Master The Art Of On-Camera Presence

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    As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • Perfecting Security Interests In Renewable Energy Tax Credits

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    The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

  • The Central Issues Facing Fed. Circ. In Patent Damages Case

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    The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.

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