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Commercial Contracts

  • June 23, 2025

    Justices Nix $23M Venezuela Chemical Co. Suit

    The U.S. Supreme Court on Monday turned away a Venezuelan state-owned petrochemicals company's petition challenging the enforcement of a $23 million debt owed to a Florida chemical wholesaler, a case that sought clarity on which party has the burden of proving whether sovereign immunity applies.

  • June 20, 2025

    Ga. Panel Says Suit To Collect $12.1M Judgment Too Late

    The Georgia Court of Appeals on Friday said a trial court rightly found Mariner Healthcare Management Co.'s lawsuit against Sovereign Healthcare LLC over the recovery of a $12.1 million judgment was barred by the state's four-year statute of limitations for fraud.

  • June 20, 2025

    Texas High Court Finds Pilots Union's Can Sue Over 737 Max

    The Texas Supreme Court on Friday put wind beneath the wings of a Southwest Airline Pilots Association's suit aiming to hold Boeing responsible for its members' economic losses after regulators grounded the 737 Max aircraft, finding the Railway Labor Act does not preempt the union's claims.

  • June 20, 2025

    Judge Awards $29.5M Counsel Fee For $147.5M Class Deal

    A Connecticut federal judge has given final approval to a $147.5 million settlement for an insurance fee class while awarding $29.5 million in attorney fees spread across three firms, marking a 5% reduction to the cut of the settlement counsel sought.

  • June 20, 2025

    Investor Can't Get Emergency Injunction In Sinovac Battle

    A New York federal judge will not grant an investor an emergency injunction to preserve the status quo as it pursues arbitration in Hong Kong or Beijing stemming from a bitter, yearslong battle for control of Chinese vaccine maker Sinovac, saying the investors have not demonstrated a likelihood of "irreparable harm."

  • June 20, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Pogust Goodhead face legal action from mining giant BHP Group, Trainline bring a procurement claim against the Department for Transport, Sworders auction house sue Conservative peer Patricia Rawlings, and Nokia hit with a patents claim by Hisense. Here, Law360 looks at these and other new claims in the U.K.

  • June 20, 2025

    Off The Bench: Lakers Sale, NASCAR Antitrust, NIL Appeals

    In this week's Off The Bench, the Lakers fetch a $10 billion valuation as a new owner takes control of the franchise, a federal judge urges litigants in the NASCAR antitrust brawl to settle, and appeals pile up against the NCAA's landmark $2.78 billion athlete compensation settlement.

  • June 20, 2025

    Chancery OKs Expedited Trial In Nielsen Co. Suit

    Nielsen Holdings Ltd. won an early partial victory Friday in a suit accusing a consumer intelligence venture it spun off in 2021 of seeking to cut off access to data used by the former parent and another business Nielsen Holdings intends to sell to the spinoff's competitor, Circana LLC.

  • June 20, 2025

    Golf Course Biz Says Insurer Shirking $3M In Helene Damages

    The owner of three North Carolina golf courses is suing Cincinnati Insurance for breach of contract after the company failed to fully cover property damage caused by Hurricane Helene, arguing its substantial premium clearly covers the destruction left by the 2024 storm.

  • June 20, 2025

    Pearson Warshaw, Fegan Scott To Steer PVC Antitrust Class

    Pearson Warshaw LLP and Fegan Scott LLC have been tapped as lead counsel for a new class of end-user plaintiffs in consolidated litigation accusing polyvinyl chloride pipe companies of using a commodity pricing service to exchange information and illegally fix prices.

  • June 20, 2025

    NRA President Settles Suit Over His 2020 Election Audit Bill

    A cybersecurity firm that sued over unpaid bills for its 2020 election investigations said this week that it reached a $500,000 settlement with a Pennsylvania business owner recently elected president of the National Rifle Association, despite his alleged efforts to extend the deal to cover a Michigan attorney and co-defendant.

  • June 20, 2025

    1st Circ. Blocks Swiss Arbitration Of Au Pair Wage Claims

    A Massachusetts-based au pair agency cannot enforce a Swiss arbitration requirement included in a contract that childcare workers signed with a separate European company, the First Circuit has determined.

  • June 18, 2025

    Nurse Staffing Exec Can't Nix Conviction, Sanctions Floated

    A Nevada federal court has refused a nurse staffing executive's bid to undo his conviction on wage-fixing and wire fraud charges, and threatened his attorneys with sanctions for allegedly making repeated misrepresentations to the court.

  • June 18, 2025

    Seychelles Co. Brings $22M Guinea Award To DC Circ.

    A consulting company is asking the D.C. Circuit to revive its bid to enforce a $22 million arbitration award against the Republic of Guinea, contending that the lower court was wrong to toss the case on jurisdictional grounds.

  • June 18, 2025

    9th Circ. Tosses NLRB Order On Union Jurisdiction Dispute

    The Ninth Circuit on Wednesday axed a National Labor Relations Board order barring a longshore union from going after maintenance work in the Port of Seattle that was awarded to the Machinists, with one judge inviting en banc review of appeals court precedent about work preservation defenses.

  • June 18, 2025

    Hungarian Chem Co. Seeks $2.6M Award Enforcement In Wyo.

    Two Eastern European companies have asked a Wyoming federal court to enforce a €2.26 million ($2.6 million) award of arbitration legal fees and costs against a Laramie-based engineering firm following a dispute stemming from a deal to develop a chemical fertilizer.

  • June 18, 2025

    Fed. Circ. Blocks ITC Sanctions Appeal Without Import Tie

    The Federal Circuit does not have jurisdiction to review whether the U.S. International Trade Commission properly denied Realtek's request for sanctions based on a third-party licensing agreement, as it has no bearing on the question of illegal imports, the court concluded Wednesday.

  • June 18, 2025

    MLB's Rays Discussing Sale To Fla. Real Estate Developer

    The Tampa Bay Rays confirmed on Wednesday the Major League Baseball franchise is in "exclusive discussions" to be sold to a group led by real estate developer Patrick O. Zalupski, three months after the team pulled out of an agreement to build a new stadium in St. Petersburg.

  • June 18, 2025

    Cleo AI Wants Service Member's Predatory-Lending Suit Nixed

    Online lender Cleo AI Inc. is seeking the dismissal of claims that it targeted military members with predatory lending practices, arguing that under relevant law, its "non-recourse advances" don't count as credit — and that, anyway, its users all agreed to arbitrate any disputes when they signed up to use its services.

  • June 18, 2025

    FTC, Amazon Trade Blows Over Attempts To End Prime Case

    The Federal Trade Commission and Amazon have slammed one another in federal court filings over their competing bids to win regulators' case targeting Prime subscription enrollment practices, continuing to spar over the applicability of a consumer protection law shielding online shoppers.

  • June 18, 2025

    Tenn. School Sues Vet Group Over Accreditation Rules

    Lincoln Memorial University filed a lawsuit in Tennessee federal court on Wednesday accusing a trade association for veterinarians of restricting competition for veterinary schools and vet services with burdensome accreditation requirements.

  • June 18, 2025

    Wash. Panel Sides With Insurer In Café Fire Damage Suit

    A couple's commercial property insurer has no duty to cover damage from a kitchen fire at their café, a Washington state appeals court affirmed, finding the couple lacked certain protective safeguards that were required as part of their fire suppression system.

  • June 18, 2025

    California Bar Exam Woes Latest Chapter In Ongoing Scrutiny

    Recent headline-grabbing blunders with the February California bar exam represent a stumbling block in a yearslong effort to reshape the exam, with an eye toward equity and accessibility for the more than 10,000 applicants who sit for the exam each year.

  • June 18, 2025

    Dorsey & Whitney Adds Patent Partner From Perkins Coie

    Dorsey & Whitney LLP has grown its intellectual property offerings in Washington state with the addition of an experienced patent attorney from Perkins Coie LLP.

  • June 18, 2025

    Ex-Yankee Scores $222K Jury Award In Moldy Mansion Trial

    A Connecticut federal jury on Wednesday awarded retired New York Yankees third baseman Joshua Donaldson more than $222,000 in a dispute with a former landlord he blamed for the presence of mold in a Greenwich mansion, and a judge is expected to double a substantial portion of that amount.

Expert Analysis

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

  • Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'

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    A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Int'l Agreements Are Key For Safe Nuclear Waste Disposal

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    By replacing fossil fuels, nuclear energy has the potential to offer a major contribution to the global fight against climate change — but ensuring that nuclear power is safe and sustainable will require binding, multinational agreements for safe nuclear waste disposal, say Ryan Schermerhorn and Christopher Zahn at Marshall Gerstein.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Opinion

    FTC's Report Criticizing Drug Middlemen Is Flawed

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    The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Del. Dispatch: Cautionary Tales Of 2 Earnout Effort Breaches

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    The Delaware Court of Chancery's tendency to interpret earnout provisions precisely as written, highlighted in two September rulings that found buyers breached their shareholder obligations when they failed to make reasonable efforts to hit certain product development milestones, demonstrates the paramount importance of precisely wording these agreements, say attorneys at Fried Frank.

  • Managing Sanctions Defense Across Multiple Jurisdictions

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    Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.

  • How Cos. Can Protect Supply Chains During The Port Strike

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    With dock workers at ports along the East and Gulf Coasts launching a strike that will likely cause severe supply chain disruptions, there are several steps exporters and importers can take to protect their businesses and mitigate increased costs, say attorneys at Thompson Hine.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

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