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Commercial Contracts

  • August 13, 2025

    FTC Closes Antitrust Probe Of Calif. Truck Emissions Pact

    The Federal Trade Commission has closed an antitrust investigation into Daimler, Volvo and other heavy-duty truck manufacturers after they swore off an agreement brokered with California regulators to abide by heightened emission standards.

  • August 13, 2025

    NY Blasts Ski Resort Owner's 11th-Hour Antitrust Remedy

    New York is urging a state court to reject a belated proposal from the owner of a ski resort that he enact price controls instead of adhering to the state's demands that he sell the property after he was found responsible for violating antitrust laws.

  • August 13, 2025

    Texas Judge Says Hoosiers Player Can Stay On Team For Now

    A Texas state court judge granted a temporary court order allowing a defensive back for the Indiana University Hoosiers to stay on the team despite a five-year eligibility cap for college athletes, saying during a Wednesday hearing he could not see how keeping the order would harm the NCAA.

  • August 13, 2025

    OpenAI, Microsoft Beat Musk's RICO Claims In For-Profit Fight

    OpenAI and Microsoft again beat Elon Musk's racketeering claims in his lawsuit challenging OpenAI's now-abandoned pivot to a for-profit enterprise, after a California federal judge said Tuesday the amended allegations do not provide details on how the companies ran the enterprise through a pattern of racketeering activity.

  • August 13, 2025

    Oil Co. Calls Partner's Field Tech Misuse 'Catastrophic'

    A Houston oilfield equipment company has told a state court that Baker Hughes Oilfield Operations LLC has continually ignored its warnings about how to safely use its drilling equipment, setting the company up for a "catastrophic event" in the field.

  • August 13, 2025

    11th Circ. Doubts Timeliness Of Ex-NFL Player's Benefits Suit

    A former NFL player's bid to restart his suit seeking additional benefits from a disability retirement plan faced tough questions at the Eleventh Circuit on Wednesday, with multiple judges questioning how his claims weren't time-barred when the record showed an initial benefits denial occurred nearly 20 years ago.

  • August 13, 2025

    Tribe Says Studio Mogul Can't Demand Jury In $2.8M Debt Suit

    The Mohegan Tribal Gaming Authority says a former Hollywood studio mogul can't ask a jury to hear a $2.8 million gaming debt lawsuit because tribal law does not allow civil jury trials and because the indebted gambler's defenses don't qualify for a jury trial in Connecticut state court, either.

  • August 13, 2025

    Buchanan Ingersoll Wins $614K Over Unpaid NJ Legal Bills

    A New Jersey federal judge on Wednesday awarded Buchanan Ingersoll & Rooney PC more than $614,000 in unpaid legal fees for work the firm did for three former clients whose checks bounced and were written on non-existent accounts.

  • August 13, 2025

    BakerHostetler Hires Cooley Securities Litigation Atty

    BakerHostetler has added an experienced litigator to its white collar, investigations and securities enforcement litigation and securities and governance litigation teams in New York, bringing with him more than 25 years of BigLaw experience, including most recently with Cooley LLP.

  • August 13, 2025

    Texas Malpractice Case Over Atty's Nixed Conviction Revived

    A Texas state appellate court on Wednesday revived a malpractice case filed by a now-deceased attorney whose forgery conviction was vacated, saying the trial court must determine whether she was actually innocent before deciding whether her malpractice claim against her criminal defense lawyer can proceed.

  • August 13, 2025

    AI Company Denied A Brief In Multiple Listing Service Dispute

    A Washington federal judge rejected an attempt by an artificial intelligence company to argue in a brief that a suit by real estate brokerage Compass against Northwest Multiple Listing Service is part of an anticompetitive litigation strategy.

  • August 13, 2025

    Flores Cites Gruden's Win Averting Arbitration In NFL Suit

    Fired former Miami Dolphins coach Brian Flores sent a letter to the Second Circuit arguing the recent decision by the Nevada Supreme Court not to send the dispute of former Las Vegas Raiders coach Jon Gruden to arbitration is pertinent to his efforts to avoid arbitration in his discrimination lawsuit against the NFL.

  • August 12, 2025

    Fanatics Loses Bid For Bar On Boies Schiller In Antitrust Row

    A New York federal judge Tuesday overruled Fanatics Inc.'s objection to an order requiring the sports collectibles company to turn over unredacted versions of licensing agreements to rival Panini America Inc., rejecting Fanatics' bid to place limits on Boies Schiller Flexner LLP attorneys who access the agreements.

  • August 12, 2025

    Lettuce Entertain You Accused Of Staging 'Corporate Coup'

    Restaurant management company Lettuce Entertain You and its owners abandoned a longtime business partnership and personal friendship to carry out a "sham transaction" that illegally redirected equity in Joe's Stone Crab restaurants to its own family-owned empire, an Illinois state court lawsuit alleges.

  • August 12, 2025

    Boeing Must Give Up 737 Max Docs In Jet Purchase Dispute

    A Washington federal judge said Tuesday that Boeing must hand over a decade of internal documents about the safety of the 737 Max to Norwegian Air Shuttle subsidiaries that claim the aerospace giant duped them into a jet purchase deal.

  • August 12, 2025

    Panama Hotel Looks To Confirm $1.25M Post-Pandemic Award

    A Panamanian casino-hotel owner has petitioned a Florida federal court to enforce an approximately $1.25 million arbitral award it won against several hospitality companies after they apparently fell behind on payments associated with the hotel during the COVID-19 pandemic.

  • August 12, 2025

    Solar Aircraft Co.'s Top Brass Hit With Investor Fraud Suit

    A majority shareholder of solar aircraft company Skydweller Aero Inc. has filed suit against the top brass of the U.S.-Spanish aerospace venture, claiming the CEO and others misled the shareholder about the company's "dire" financial condition and denied it access to critical financial information, obstructing its ability to evaluate its investment or exit its equity position.

  • August 12, 2025

    CenturyLink Can't Duck $1.3M Wash. 911 Outage Fine

    CenturyLink isn't going to be able to get out from under a $1.3 million penalty that Washington state slapped the telecom with after an outage in 2018 left people across the entire state unable to call 911 for two days, a state appeals court ruled.

  • August 12, 2025

    Title Co. Hits Atty With Malpractice Suit Over $2.5M Refi

    Fidelity National Title Insurance Co. on Monday filed suit in state court against a Connecticut attorney, alleging his oversight when issuing a loan policy of title insurance for a $2.5 million refinancing cost Fidelity $920,000.

  • August 12, 2025

    Texas Says Eli Lilly Offered Nursing Services As Kickbacks

    Texas sued Eli Lilly & Co. Inc. on Monday in state court, accusing the drugmaker of offering kickbacks in the form of administrative services to healthcare providers via illegal marketing and quid pro quo arrangements to push its most popular drugs.

  • August 12, 2025

    Delta, Aeromexico Defend Partnership From Antitrust Scrutiny

    Delta and Aeromexico are pushing back against the federal government's move to strip their joint venture of its antitrust immunity, saying the move would only punish Delta and American consumers, not the Mexican government for restricting access to Mexico City International Airport.

  • August 12, 2025

    Pa. Marina Can't Cite 1849 Law To Reopen Railroad Crossing

    A Pennsylvania federal judge on Tuesday rejected an attempt by the owner of a bar and marina south of Pittsburgh to claim an 1849 law in seeking to force railroad company CSX Transportation to reopen a rail crossing providing the only public access to the business.

  • August 12, 2025

    Biogen Says It Owes Nothing After $122M IP Royalties Mistrial

    Biogen MA Inc. urged a California federal judge to rule that it owes Genentech Inc. nothing in royalties related to expired patents, saying Genentech's argument for a $122 million award relies on "linguistic gymnastics," in a rare post-mistrial arrangement that will see the judge step in to deliver the verdict.

  • August 12, 2025

    AstraZeneca, Stockholders Far Apart In Merger Damages Tally

    Syntimmune Inc. stockholders and Alexion Pharmaceuticals have landed tens of millions of dollars apart in new tallies of interest owed after a Court of Chancery ruling in June that Alexion failed a "best efforts" duty to fulfill an autoimmune drug candidate deal.

  • August 12, 2025

    11th Circ. Suggests 'Bad Drafting' Led NCR To Benefit Liability

    The Eleventh Circuit signaled Tuesday that it will likely uphold an early win by former executives of a Georgia e-commerce company who said they were short-changed in payouts from a "top hat" benefits plan, telling the company it couldn't escape the "bad drafting" of its contract.

Expert Analysis

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • Notable Q4 Updates In Insurance Class Actions

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    In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy

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    A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.

  • 10 Issues To Watch In Aerospace And Defense Contracting

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    This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.

  • Series

    Competitive Weightlifting Makes Me A Better Lawyer

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    The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.

  • Pier Pressure: Contract Takeaways From Pa. Ocean Liner Suit

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    The settlement that resolved the fate of the landmark SS United States ocean liner illustrates important lessons on managing contract disputes, illuminating common trade-offs such as the choice between deferred legal risk and the cost of legal foresight, says Christopher Seck at Squire Patton.

  • Opinion

    Inconsistent Injury-In-Fact Rules Hinder Federal Practice

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    A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • How FAR Council's Proposal May Revamp Conflicts Reporting

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    The Federal Acquisition Regulatory Council's recent proposal for updating organizational conflict of interest rules includes some welcome clarifications, but new representation and disclosure obligations would upend long-standing practices, likely increase contractors’ False Claims Act risks, and necessitate implementation of more complex OCI compliance programs, say attorneys at Wiley.

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