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Commercial Contracts

  • July 10, 2025

    Punitive Damages Ruling Deferred In Jack Nicklaus' Fla. Suit

    A Florida state court judge deferred a decision on whether he'll overrule a previous order denying punitive damages in a defamation lawsuit brought by former professional golfer Jack Nicklaus against a company he founded and two of its officers, saying there must be enough evidence to find that reprehensible misconduct occurred.

  • July 10, 2025

    Chubb Units Say Conn. City Owes $1.8M For Water Main Break

    Two Chubb units told a Connecticut federal court that the city of New Britain must reimburse them for over $1.8 million in coverage payments for a water main break that they said caused severe flood damage, arguing local authorities took too long to step in.

  • July 10, 2025

    Construction Equipment Co. Says Dealer Withheld $3M

    A Japanese construction machinery company told a Texas federal court that an Amarillo-based equipment dealer has failed to pay several invoices and continues to hold onto about $3 million worth of equipment, asking the court to order the dealership to turn over the equipment.

  • July 10, 2025

    'Admonition' But No More Amazon Penalty For Hidden Docs

    A federal judge in Washington state took Amazon.com to task Thursday for "bad faith" material review that labeled tens of thousands of documents as covered by attorney-client privilege despite involving no legal advice, but the judge, who is presiding over the Federal Trade Commission's Prime subscriptions case against the company, opted against further punishment.

  • July 10, 2025

    Judge Trims IP Claims In Voice Actors' Suit Against AI Co.

    A New York federal judge ruled Thursday that two voice actors accusing an artificial intelligence startup of cloning their voices for narration software without permission can proceed with their state-level claims, but their trademark and most of their copyright claims must be dismissed for now.

  • July 10, 2025

    Apple, Visa And Mastercard Beat Payment Fee Collusion Suit

    An Illinois federal judge on Wednesday dismissed several retailers' proposed antitrust class action that accused Apple, Visa and Mastercard of scheming to restrain competition in point-of-sale transaction payment networks, saying the express terms of agreements retailers had claimed were anti-competitive showed otherwise.

  • July 10, 2025

    X Can't Escape Don Lemon Suit, But Musk Can, Judge Says

    X Corp. has lost its bid to ditch all of former CNN anchor Don Lemon's lawsuit claiming the social media platform reeled him into a talk show partnership and then unceremoniously canceled the deal, although its leader Elon Musk was allowed to duck out of the case.

  • July 10, 2025

    Original BBQ Joint Lays Claim To TM In Fight With Franchise

    The original location in a North Carolina chain of barbecue restaurants has shot back at a trademark infringement suit brought by the company that runs its sister restaurants, arguing it never lost ownership of the marks after the two entities split ways two decades ago.

  • July 10, 2025

    Conn. Couple Must Provide Harbor Access, Judge Says

    A Connecticut state court judge has sided with a married Bridgeport couple who sued another married couple over a now-completed home construction project that allegedly blocked the plaintiffs from accessing a local harbor.

  • July 10, 2025

    11th Circ. Tosses Satellite Co.'s $829K Finder's Fee Suit

    The Eleventh Circuit said Wednesday that a $829,000 award in favor of a satellite technology company should be tossed, writing that a Florida federal court didn't have jurisdiction over the case.

  • July 10, 2025

    Bettors Fight To Keep Suit Over DraftKings Promos Afloat

    DraftKings customers alleging the online betting giant's advertisements fuel gambling addiction are pushing to keep their proposed class action against the company alive, throwing water on its effort to escape the lawsuit by leaning on its extensive disclaimers and fine print.

  • July 09, 2025

    Uber Gets Some Driver Sex Assault Bellwether Claims Tossed

    The California federal judge overseeing multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers has partially granted the ride-share company's bid to dismiss 20 bellwether cases.

  • July 09, 2025

    OpenAI Must Give Musk Info On Altman Firing In Fraud Suit

    A California federal magistrate judge overseeing discovery in Elon Musk's lawsuit challenging OpenAI's plans to change its corporate structure ordered the artificial intelligence company to hand over documents related to CEO Sam Altman's brief firing by OpenAI's board, agreeing the information is "relevant" to Musk's charitable trust and fraud claims.

  • July 09, 2025

    Albireo Energy Faces Suit Over Mold In Colo. School

    A Colorado school district hit Albireo Energy with a negligence suit in state court Wednesday that blames the building controls company for nearly $1 million in damage to a middle school from a botched ventilation system upgrade.

  • July 09, 2025

    Florida Court Nixes $5.8M Ruling, Says Loans Not Securities

    Florida's Third District Court of Appeal on Wednesday reversed and remanded a roughly $5.8 million judgment in a dispute regarding loan participation agreements between a commercial lender and an investment firm, saying the agreements weren't securities and were instead "routine commercial transactions."

  • July 09, 2025

    Boeing Wants 787 Contract Claims Split From 737 Fraud Suit

    Breach of contract claims related to a 787 Dreamliner sale should be severed from litigation brought by Norwegian Air subsidiaries that also accuses the company of fraudulently misrepresenting its 737 Max aircraft, Boeing told a Washington federal judge.

  • July 09, 2025

    Amazon Customer Grilled On Whole Foods Ad Suit At 9th Circ.

    A Ninth Circuit panel appeared critical on Wednesday of a consumer's claim that Amazon duped Prime members by pulling its free Whole Foods grocery delivery perk, as the judges pointed to subscriber terms allowing the e-commerce giant to change the benefits package.

  • July 09, 2025

    J&J Unit Owes $76.6M For Ending AI Tissue Imaging Deal

    A New York federal judge held Tuesday that Johnson & Johnson's Ethicon unit owes ChemImage Corp. $76.6 million after unilaterally ending their deal to develop in-surgery artificial intelligence imaging techniques, adopting a 17% discount rate on intellectual property impairment damages proposed by ChemImage as opposed to Ethicon's proposed 40% rate.

  • July 09, 2025

    Former Josh Wine Exec Sues Over Soured Buyout Deal

    The former president of the wine and spirits company that owns multibillion-dollar brand Josh Cellars has filed suit in New York state court, claiming the family-run enterprise has withheld millions in royalty payments that he was due after his employment contract expired, exposing "the dark underbelly of the adage that blood is thicker than water."

  • July 09, 2025

    Costco Says Insurer Owes Defense In Heavy Box Injury Suit

    A Hartford unit violated Washington state's Insurance Fair Conduct Act by unreasonably denying additional insured coverage for a man's lawsuit alleging he suffered severe injuries when moving a product at Costco, the retail giant alleged in a lawsuit recently removed to Washington federal court.

  • July 09, 2025

    NJ Panel Revives Doctor's Fight Against Noncompete Clause

    A New Jersey appellate panel revived on Wednesday a physician's lawsuit challenging the enforceability of a restrictive covenant in his employment contract, ruling that the lower court prematurely dismissed the case without resolving key factual disputes.

  • July 09, 2025

    Ballpark Builder Wants Engineer Forced To Ink Settlement

    The original builder of a hotly litigated Hartford minor league baseball stadium has asked a Connecticut state court judge to force an engineering consultant's compliance with a confidential settlement agreement it has allegedly failed to sign despite sitting at the table with a number of other entities and lodging no objection to the terms.

  • July 09, 2025

    7th Circ. Nixes Rail Sharing Order Power For Subpar Service

    Federal regulators can't give themselves power to order rail carriers to share shipments with their rivals unless the incumbent railroad's service is "inadequate," a Seventh Circuit panel said in striking a Surface Transportation Board rule designed to empower such mandates when service merely fails certain reliability metrics.

  • 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.

Expert Analysis

  • 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.

  • How CFIUS' Updated Framework Affects Global Investors

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    The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.

  • Service Providers Must Mitigate 'Secondary Target' Risks

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    A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

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