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Commercial Contracts
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July 01, 2025
Justices Face Busy Summer After Nixing Universal Injunctions
The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.
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July 01, 2025
Judge Tosses Teva Suit Over Generic Drug Patent Deal
An Indiana federal judge has thrown out a lawsuit brought by generic-drug maker Teva Pharmaceuticals USA Inc. alleging Eli Lilly and Co. breached a settlement agreement over the osteoporosis drug Forteo, saying Eli Lilly's promise to waive exclusivity for Teva ended when its patents for the drug expired.
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July 01, 2025
$70M Verdict Boosts TriZetto's Trade Secrets Award To $370M
A New York federal jury has concluded that the TriZetto Group, a healthcare software company, is entitled to nearly $70 million in compensatory damages due to Syntel Inc.'s copyright infringement and trade secret theft, bringing the total award for TriZetto to $370 million following a damages retrial.
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July 01, 2025
Unvaccinated Ex-Staffer Can Pursue Leaked Health Info Claims
A Missouri appeals court on Tuesday revived a former hospital staffer's claims that her former employer failed to protect her medical records while she was a patient, leading to her coworkers finding out she was unvaccinated against the COVID-19 virus and them harassing her until she resigned.
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July 01, 2025
South African Investors Say Ga. Atty Kept Escrowed Funds
Four companies whose members are South African real estate investors have accused a now-disbarred Georgia attorney and his law firm in Georgia federal court of refusing to return funds he agreed to receive, hold and disburse on their behalf.
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June 30, 2025
Argentina Must Turn Over YPF Stake, NY Judge Says
Argentina must give up its 51% equity stake in the nationalized oil company YPF SA to partially pay off a $16.1 billion judgment in a pair of investor lawsuits, a New York federal judge ruled Monday, rejecting the country's argument that sovereign immunity shields the shares from turnover.
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June 30, 2025
UMG Says Drake Insults Are Just Trash Talk, Not Defamation
Universal Music Group on Monday urged a New York federal judge to dismiss a defamation suit from hip-hop star Drake against the record label over the hit dis track "Not Like Us" by his rival Kendrick Lamar, casting Lamar's lyrics as opinion and hyperbole.
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June 30, 2025
Allergan Botox Patent Fight Headed To July Trial In Del.
Allergan's lawsuit accusing two biotechnology companies of infringing patents related to Botox products is headed to trial in July after a Delaware federal judge rejected the parties' summary judgment arguments Monday.
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June 30, 2025
Trump And Paramount In 'Advanced' Talks To Settle $20B Suit
President Donald Trump and CBS News' parent Paramount Global asked a Texas federal court on Monday to pause Trump's $20 billion lawsuit accusing the news company of deceptively doctoring a "60 Minutes" interview with former Vice President Kamala Harris, saying the parties are engaged in "advanced" settlement talks.
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June 30, 2025
Genentech Says Biogen Owes $122M Royalties As Trial Opens
Genentech Inc. told a California federal jury Monday that Biogen MA Inc. owes $122 million in royalties for supplies of Biogen's multiple sclerosis drug that it manufactured before Genentech's patent expired in December 2018, while Biogen said the companies' licensing agreement doesn't require royalties for drugs sold after the patent expired.
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June 30, 2025
Aspen Hotel Investor Can't Get 2nd Go In $1M Fraud Suit
A Colorado federal judge on Monday dismissed the bulk of claims against a luxury hotel owner accused of stealing more than $1.3 million from a former investment partner, ruling that the claims have already been litigated in New York state court.
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June 30, 2025
RTX Expands Contract Fight With New Breach Claim
RTX Corp. said the consulting firm Delaware North America LLC missed deadlines and failed to deliver on an information technology services contract, in a breach of contract counterclaim filed in litigation that Delaware initiated.
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June 30, 2025
NRA Pushes To Move Florida Lobbyist's Suit To Virginia Court
The National Rifle Association has asked a Florida federal court to transfer its former longtime lobbyist's lawsuit alleging wrongful use of her image out of state, arguing that she previously agreed to bring any legal actions involving the parties to courts in Virginia.
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June 30, 2025
Catching Up With Delaware's Chancery Court
Delaware's Supreme Court was kept busy this past week with litigants' attempts to challenge its previous decisions, as well as those of Delaware's Court of Chancery, which included an argument that the state's high court incorrectly ruled in favor of energy company Boardwalk Pipeline Partners LP by rejecting the Chancery's decision upholding class claims branding the call-in of public shares unfair. In case you missed it, here's the latest from the Delaware Chancery Court.
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June 30, 2025
6th Circ. Says Venue Unclear In $28M Ford Supplier Dispute
The Sixth Circuit on Monday ordered a Michigan federal court to reconsider whether a $28 million auto parts supplier dispute over the halting of orders for electric vehicle parts belongs in the U.S. or Mexico, finding the companies' evolving documents and conflicting venue clauses create too much ambiguity.
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June 30, 2025
Justices Won't Disturb 10th Circ. Oklahoma PBM Law Ruling
The U.S. Supreme Court on Monday declined to hear the state of Oklahoma's challenge to a Tenth Circuit decision that found parts of a recently enacted law regulating pharmacy benefit managers were preempted by federal benefits laws and Medicare Part D, cementing an industry group's win in the case.
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June 30, 2025
Fla. Court Declines To Ax $70M 'Usurious' High-Rise Loan Suit
A Florida federal bankruptcy judge Monday declined to toss a Chapter 11 adversary lawsuit claim that a lender attempted to take ownership of a prized high-rise lot in downtown Miami through a "usurious" $70 million loan default, allowing parties to reargue their positions after an amended complaint was filed.
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June 30, 2025
4 Mass. Rulings You May Have Missed In June
A now-shuttered Boston firm scored a win in a legal malpractice lawsuit by a youth soccer program, while a securities brokerage found that the old adage "if at first you don't succeed, try, try again" doesn't apply to litigation, among other recent noteworthy decisions in Massachusetts state court.
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June 30, 2025
DraftKings Hammers Away At Suit Disputing Voided NBA Bets
DraftKings is looking to sink a proposed class action that an aggrieved customer brought alleging the online betting giant cheated him out of a six-figure payout by canceling wagers he placed with faulty odds, telling an Indiana federal judge the lawsuit's central claims are "untenable."
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June 30, 2025
Consulting Firm Says Ex-Exec's Wage Suit Is In Wrong Venue
Consulting firm Profit Drivers LLC, its sole member and its chief executive officer have asked a Connecticut federal judge to dismiss a suit brought by their onetime vice president and chief financial officer claiming he was never paid for his work, arguing they have no ties to the Constitution State.
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June 30, 2025
Judge Hits Pause On Civil RICO Suit Against NJ Power Broker
A New Jersey judge has entered a consent order pausing a real estate developer's civil racketeering suit against influential South Jersey businessman George Norcross III, holding the parties' dispute in stasis until an appeal over the dismissal of a related criminal indictment can be resolved.
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June 30, 2025
Calif. Panel Chides Attys Who Hid Opponent's Inactive Status
In a precedential ruling, a California appellate panel found a party whose counsel's license was made inactive should have been treated as though the attorney had died or been suspended, overturning a $70,000 fee award levied against a woman who was not informed that her lawyer was inactive.
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June 30, 2025
Conn. Firm Settles Ex-Client's Malpractice Suit Over Biz Sale
Connecticut law firm Oberst DeFala Law PC and a former client have settled a malpractice lawsuit alleging attorney Sharon Oberst DeFala improperly represented both parties in a restaurant buyout and drafted an agreement that favored the seller, court records show.
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June 30, 2025
High Court Won't Weigh Class Standard In Junk Fax Row
The U.S. Supreme Court on Monday declined to take up a dispute over whether online faxes are covered by the Telephone Consumer Protection Act and whether plaintiffs pressing these claims are required to show an administratively feasible way to identify class members.
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June 30, 2025
Justices Rebuff American Airlines' Bid To Revive JetBlue Pact
The U.S. Supreme Court on Monday rebuffed American Airlines' bid to revive its codeshare agreement with JetBlue in Boston and New York.
Expert Analysis
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
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.
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Rethinking 'No Comment' For Clients Facing Public Crises
“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.
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Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy
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.
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How Design Thinking Can Help Lawyers Find Purpose In Work
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.
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10 Issues To Watch In Aerospace And Defense Contracting
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.
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Class Actions At The Circuit Courts: February Lessons
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.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
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.
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Pier Pressure: Contract Takeaways From Pa. Ocean Liner Suit
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.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
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.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
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.
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How FAR Council's Proposal May Revamp Conflicts Reporting
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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Navigating Title IX Compliance In The NIL Era
As universities push to move more name, image and likeness activity in-house, it's unclear how the NCAA and its members will square implementation of the House settlement with Title IX requirements, say attorneys at Buchanan Ingersoll.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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DeepSeek AI Investigation Could Lead To IP Law Precedents
The investigation by OpenAI and Microsoft into DeepSeek's artificial intelligence model raises interesting legal concerns involving intellectual property and contract law, including potential trade secret appropriation and fair use questions, say Saishruti Mutneja and Raghav Gurbaxani.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.