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Commercial Contracts

  • May 06, 2025

    Cerence Sues Microsoft Over Text-To-Speech Tech Use

    Massachusetts-based artificial intelligence company Cerence Inc. on Tuesday sued Microsoft and a Microsoft subsidiary in Delaware federal court alleging copyright infringement and accusing them of selling licenses to Cerence's text-to-speech technology without permission.

  • May 06, 2025

    Emory Parent's COVID Tuition Refund Suit Axed Over Standing

    A Georgia federal judge threw out a proposed class action filed by the father of an Emory University student seeking a refund over the university's closures during the COVID-19 pandemic, finding only the student had the right to sue.

  • May 06, 2025

    Apple Seeks Sanctions Against Winston & Strawn In App Suit

    Apple has asked a California federal judge to sanction Winston & Strawn LLP and its client Musi Inc., arguing Monday they made "false and misleading allegations" in a lawsuit over Apple's decision to boot the music streaming service from the App Store for intellectual property infringement.

  • May 06, 2025

    Biz Owner Says $5M Panama Award Suit Should Be Paused

    A Miami businessman and his company asked a Florida federal court on Monday to pause Panama's bid to enforce a $4.8 million arbitral award over construction agreements, arguing that it should wait until a parallel arbitration concludes.

  • May 06, 2025

    NY Says Owner Has To Sell Ski Resort After Antitrust Loss

    A New York ski resort operator who a state judge has ruled violated antitrust law by buying a rival and shutting it down should have to sell off one of its properties, preferably the one it shut down, so it can be reopened for next winter, the Empire State is arguing.

  • May 06, 2025

    Boeing Battles Bid To Depose Engineer In 737 Max Fraud Suit

    Boeing is fighting LOT Polish Airlines' bid to force the deposition of a former 737 Max program engineer, contending the ex-employee's testimony isn't necessary in the airline's $200 million federal lawsuit accusing the aerospace giant of concealing jet design safety concerns to ink a 2016 lease deal.  

  • May 06, 2025

    Texas Jury Clears Marathon Oil In $123M Force Majeure Case

    A Texas federal jury has freed Marathon Oil Co. from a $123.7 million contract dispute stemming from a natural gas delivery impeded in 2021 by Winter Storm Uri.

  • May 06, 2025

    Cipriani Bellini Maker Says Drink Importer Copies Cocktail Dress

    Cipriani Bellini maker Altunis and its U.S. licensee Bicobi Ltd. have sued alcohol importer Monsieur Touton Selection in New York federal court for allegedly infringing its trade dress by using an Altunis cocktail's seafoam green color bottle and package for its own products after Bicobi walked away from a distribution agreement.

  • May 06, 2025

    DR Horton Sued In Del. Over Property Deal Conflict Claims

    Stockholders of residential land developer Forestar Group Inc. sued national homebuilding giant and Forestar controller D.R. Horton derivatively late Monday for hundreds of millions in potential damages tied to billions' worth of allegedly conflicted, below-market sales to Horton of Forestar-prepared lots.

  • May 06, 2025

    Mich. Judge Urges Contract Suit Settlement After $32M Verdict

    A Michigan federal judge on Tuesday granted a pot farm's bid for prejudgment interest on a $31.8 million verdict in its contract dispute against two Curaleaf units, but declined to sanction the units and said it was advisable for both sides to reach a settlement in post-judgment proceedings.

  • May 06, 2025

    Mylan Agrees To Keep Nausea Generics Off Market Until 2032

    Mylan Pharmaceuticals Inc. can enter the market in 2032 with a generic anti-nausea drug to compete with Heron Therapeutics Inc. products after the companies settled patent infringement litigation in Delaware federal court.

  • May 06, 2025

    Ex-CEO Can't Shake Conviction In COVID Test Kit Fraud Case

    The former chief executive of a healthcare software company who touted a $670 million COVID test kit deal that collapsed was denied acquittal Monday by a Newark federal judge who ruled the evidence was sufficient for a reasonable juror to find beyond a reasonable doubt that he had engaged in securities fraud.

  • May 06, 2025

    Ill. Judge Trims False Ad Suit Over Smartfood Popcorn

    An Illinois federal judge on Monday partially granted a bid by PepsiCo to dismiss a putative class action alleging popcorn made by subsidiary Smartfoods Inc. was deceptively marketed as containing no artificial flavors or preservatives, when it contains maltodextrin, while saying the plaintiffs had done enough at this stage to allege the ingredient is an artificial preservative.

  • May 06, 2025

    3rd Circ. Won't Review PNC's $106M No-Coverage Ruling

    The Third Circuit declined Tuesday to reconsider its decision that PNC Bank isn't owed coverage for a $106 million judgment it incurred over claims that its predecessor mismanaged funeral trust accounts.

  • May 06, 2025

    $7.5M Verdict For Oil Co. 'A Calamity Of Errors,' Court Told

    A Houston Ship Channel storage facility has asked a Texas appeals court to undo a $7.6 million award in favor of an energy company that contracted for dock space, writing that the trial court's interpretation of their contract set off "a calamity of errors."

  • May 06, 2025

    Moye White Lease Default Left 'Shock', 'Uncertainty,' Co. Says

    A Denver landlord fought back against counterclaims lodged by defunct law firm Moye White LLP in Colorado state court, arguing that the firm wasn't wrongfully evicted from its Denver office space and willingly left the property.

  • May 06, 2025

    No Instant Relief For Yale Student Accused Of AI Cheating

    Yale University does not have to immediately reinstate a student who was suspended for allegedly using artificial intelligence to cheat on a final exam, a Connecticut federal judge ruled in rejecting the student's bid for an injunction that would allow him to graduate amid his lawsuit.

  • May 06, 2025

    Co. Not Liable For Injuries In Employee Attack, 11th Circ. Says

    The Eleventh Circuit ruled Monday that wholesale restaurant supply store McLane Foodservice is not liable for injuries suffered by an employee who was set on fire at work by a former partner because the company could not have foreseen this kind of violent, premeditated act.

  • May 05, 2025

    Calif. Bar Sues Administrator Over February Exam 'Chaos'

    The State Bar of California on Monday sued the vendor it used to administer the February bar exam after "chaos ensued" as a result of pervasive technical glitches, saying the vendor misrepresented its ability to proctor the exam, and it won't hand over data that could shed light on what went wrong.

  • May 05, 2025

    Class Cert. Partially Granted In Auto Insurance Discount Case

    A California federal court partially granted class certification Monday over policyholders' claims that a group of insurers violated the state's rule on good driver discounts.

  • May 05, 2025

    Energy Co. Didn't Mess With Costa Rica Deal, Retrial Jury Told

    A South Dakota energy company urged a Denver jury Monday to reject allegations that it interfered with a deal for oil and gas rights on nearly 2.3 million acres in Costa Rica, in a retrial after an appellate panel threw out a $42 million jury award against it.

  • May 05, 2025

    OpenAI Abandons For-Profit Plan After Musk Suit Is Preserved

    OpenAI announced Monday that it was no longer pursuing plans to transition the ChatGPT maker into a for-profit enterprise, changing course just days after a California federal judge refused to throw out the bulk of Elon Musk's suit challenging those plans.

  • May 05, 2025

    8th Circ. Backs Boehringer's Copyright Win Over Software Co.

    The Eighth Circuit upheld a district court's conclusion that Boehringer Ingelheim's veterinary arm and other companies did not infringe the copyrights of software company InfoDeli, saying in an opinion Monday that some elements of the online platforms that InfoDeli built were not entitled to protection.

  • May 05, 2025

    Animal Toy Co. Can't Stop More Expert Discovery In TM Spat

    A Colorado federal judge rejected Kong Co.'s request to reconsider a magistrate judge's decision to let it and the former collaborators it's suing to disclose an additional expert witness, after the animal toy maker accused the defendants destroying evidence of trademark infringement on social media and website accounts.

  • May 05, 2025

    Regeneron, Amgen Open Drug 'Bundling' Trial In Del.

    The founder and CEO of Regeneron Inc. told a federal jury in Delaware on Monday that a major pharmacy benefit insurer told him in mid-2020 his company was wasting its time in trying to keep a cholesterol-drug supply contract, with Amgen Inc. offering a better-priced but allegedly anticompetitive multidrug portfolio.

Expert Analysis

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Key Territory-Split Licensing Lessons For Life Sciences Cos.

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    Territory-split deals can allow life sciences companies to maximize products' potential across a range of geographic areas, but these deals also present unique challenges requiring highly bespoke structures that can make or break the value of an asset, say attorneys at Covington.

  • Notable Q3 Updates In Insurance Class Actions

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    Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.

  • Promoting Diversity In The Selection Of ADR Neutrals

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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Opinion

    In Visa Case, DOJ Continues To Misapply The Sherman Act

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    The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Key Legal Considerations After Supply Chain Disruptions

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    After U.S. supply chain disruptions — like the recent port workers' strike, and Hurricanes Helene and Milton — stakeholders should look to contractual provisions to mitigate losses, and keep in mind that regulators will be watching closely for unfair shipping practices, say attorneys at Holland & Knight.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • Why Secured Lenders Must Mind The Gap In UCC Searches

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    If not adequately addressed, the Uniform Commercial Code filing indexing gap can interfere with a lender's expected lien priority, but taking appropriate preclosing actions and properly timing searches can eliminate this risk, says Robert Wonneberger at Barclay Damon.

  • The Fed. Circ. In October: Aetna And License-Term Review

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    The Federal Circuit's recent decision that Aetna's credit card licensing agreement with AlexSam did not give the insurer immunity from patent infringement claims serves to warn licensees to read their contracts carefully, say attorneys at Knobbe Martens.

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

  • Reading Tea Leaves In Fed. Circ. Deep Dive On Review Scope

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    Roy Wepner at Kaplan Breyer investigates why a recent Federal Circuit opinion spent six pages explaining its unsurprising conclusion on proper scope of review — that no deference need be afforded to the trial court in a case dismissed for failure to state a claim.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

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