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Commercial Contracts

  • June 12, 2025

    Philly Suburb Retirees Sue Ch. 9 Receiver Over Asset Sale

    A committee of retired city employees sued the Chapter 9 receiver overseeing the city of Chester, Pennsylvania's municipal bankruptcy, arguing that by requiring water system assets be sold to a publicly owned entity, the receiver is forgoing private bids that could generate an extra $270 million for the city's creditors. 

  • June 12, 2025

    Security Co. Drops Trade Secrets Claims Against Contractor

    A Connecticut security monitoring company on Thursday dropped a federal lawsuit alleging that a sales contractor bought a secret list of more than 20,000 clients from a service technician and hatched a plan to sell it to competitors.

  • June 12, 2025

    NC BBQ Restaurant's Trademark Tiff Lands In Federal Court

    The namesake behind a chain of barbecue restaurants battling over their shared trademark being used on branded sauces has extricated a complaint from the North Carolina Business Court accusing it of Lanham Act violations, saying those claims belong in federal court.

  • June 12, 2025

    Protego Ends $200M Suit Alleging Failed Crypto Bank Promise

    Protego Holdings Corp. has agreed to drop a lawsuit accusing a Texas-based firm of failing to deliver on a $200 million investment pledge in its launch of a cryptocurrency bank, which never materialized because rare conditional approval from the U.S. government lapsed over financing concerns.

  • June 12, 2025

    Redfin Investor Seeks $450K In Fees In Merger Disclosure Suit

    A Redfin investor asked a Washington federal judge to award $450,000 in legal fees to Monteverde & Associates PC and Wohl & Fruchter LLP, claiming his lawsuit was beneficial to shareholders despite the court's decision to deny his preliminary injunction request to postpone an investor vote.

  • June 12, 2025

    Google Fights MDL Plaintiffs' Sanctions Bid Over Lost Chats

    Google is pushing back on a request for sanctions that a slew of advertisers and publishers have brought in their antitrust lawsuit over the company's advertising placement technology, saying the plaintiffs have not shown Google hid evidence amid the "mountains" of electronically stored information it provided.

  • June 12, 2025

    Chancery Tags AstraZeneca Unit For $180M 'Expectation' Loss

    Rejecting calls for a $755 million award, a Delaware vice chancellor ruled late Wednesday that a biopharmaceutical company's shareholders are due $180.9 million in post-merger "expectation damages" plus interest after an AstraZeneca PLC unit's failure to reasonably pursue an acquired drug prospect.

  • June 11, 2025

    Audible Can't Close Book On Audiobook Monopoly Suit

    Audible must face a romance novelist's proposed class action alleging the Amazon-owned retailer monopolizes the audiobook market by trapping authors in unlawful exclusivity agreements to prevent their books from appearing on rival platforms while charging the authors supracompetitive distribution fees, a New York federal judge ruled Wednesday.

  • June 11, 2025

    ÃÛÌÒÊÓÆµ's Fee Brief May Be Gone But Not Forgotten, Judge Says

    A Seattle federal judge has allowed the Consumer Financial Protection Bureau to pull back its Biden-era amicus support for a consumer fee class action against Nationstar Mortgage, but she said she may still take the agency's prior legal arguments into account.

  • June 11, 2025

    Ga. PI Firm Says 'Distasteful' Practices Aren't Court's Concern

    An Atlanta personal injury firm called on the Georgia Court of Appeals Wednesday to squash a proposed class action accusing it of stealing clients from other lawyers through shady solicitation practices, arguing that whether its business model is ethical or not, it isn't grounds for litigation.

  • June 11, 2025

    Consultant Pulls RTX Into Tech Co.'s $1.8M Contract Suit

    RTX Corp. is responsible for a business consulting firm's inability to pay a tech subcontractor for data migration work, according to a third-party complaint that dragged the aerospace and defense giant into a $1.8 million court battle in Connecticut.

  • June 11, 2025

    Wash. Panel Grills Worker Family On $5M Asbestos Win Basis

    A Washington appellate panel seemed skeptical Wednesday that a family's $5.5 million win against an industrial manufacturer could stand when it never made the asbestos-containing equipment at issue in the product liability case, with one judge also remarking the company had raised a "hard argument" on appeal.

  • June 11, 2025

    Del. Justices Press Atty On Earnout Damage Bid Despite Miss

    Delaware Supreme Court justices focused on the basics Wednesday during data management venture STX Business Solutions LLC's bid to revive a suit that was tossed by the Court of Chancery in October and accused a buyer of skipping a profitable deal to avoid paying an "earnout" bonus of up to $5.5 million.

  • June 11, 2025

    VA Contractor To Pay $4.3M To Resolve Overbilling Claims

    Healthcare technology company Omnicell Inc. has agreed to pay more than $4.3 million to settle allegations it fraudulently overcharged the U.S. Department of Veterans Affairs for medical products and software, federal prosecutors said Wednesday.

  • June 11, 2025

    Chubb Unit Underpaid Hydroelectric Plant Losses, Suit Says

    A Chubb unit underpaid a renewable energy plant operator for losses sustained after several water flow barriers malfunctioned, the assignee of the operator told a New York federal court, saying the insurer paid less than half of the $5.6 million it owed.

  • June 11, 2025

    Assembly Line Co.'s Dispute Predated Policy, 6th Circ. Affirms

    The Sixth Circuit affirmed a lower court's decision denying an assembly line technology designer's bid for insurance coverage of an underlying multimillion-dollar dispute with a customer, finding coverage was excluded because the conflict originated before the professional liability policy was purchased.

  • June 11, 2025

    NFL Tells 9th Circ. $4.7B Sunday Ticket Verdict Rightly Nixed

    The National Football League has told the Ninth Circuit that a lower court was right to toss a $4.7 billion jury verdict for claims that the league colluded to raise the price of the Sunday Ticket broadcast package on DirecTV, after the court found testimony from a pair of experts during trial was unreliable.

  • June 11, 2025

    Epic Games Hits Fortnite Cheat Maker With Copyright Suit

    Fortnite maker Epic Games is suing a German cheat software developer, alongside resellers of the software, in North Carolina federal court for allegedly violating copyright law and interfering with contracts Epic has with its players.

  • June 11, 2025

    PE Partnership Invests $500M In College Sports Pay Plans

    Sports and entertainment investor Elevate has announced the launch of its Collegiate Investment Initiative, a $500 million partnership with Velocity Capital Management and the Texas Permanent School Fund Corp. that will provide private colleges and universities with capital and resources to bolster their athletic programs.

  • June 11, 2025

    Mandarin Can Get Reserves, Reinsurance Info In COVID Row

    "All risks" property insurers for Mandarin Oriental Inc. must turn over documents related to their reinsurance and reserves to the luxury hotel chain, which claims it incurred over $223 million in business interruption losses from the COVID-19 pandemic, a New York federal court ruled.

  • June 11, 2025

    Attys For Disney Streaming Customers Vie To Lead Settlement

    Days after announcing that they've reached a settlement with Disney, live TV streaming customers are looking to appoint Yavar Bathaee from Bathaee Dunne LLP to serve as the lead counsel in their proposed antitrust class action against the company over ESPN carriage agreement fees.

  • June 11, 2025

    Uber Says Fla. Firm, Drivers Staged Wrecks For Profit

    Uber told a Florida federal court Wednesday that at least five of its drivers faked accidents and colluded with healthcare providers and a Florida law firm to file sham litigation against the ride-hailing platform and its insurer, costing millions of dollars in legal defense and settlements.

  • June 11, 2025

    Paddle Maker Wants Counterclaims Tossed In Contract Row

    Pickleball paddle producer Joola has urged the Maryland federal court to dismiss the fraud and false endorsement counterclaims in its breach of contract lawsuit against the self-proclaimed U.S. governing body for the sport, arguing the organization has not alleged any real harm.

  • June 10, 2025

    10th Circ. Affirms Toss Of USPS Contractor's $500M Suit

    The Tenth Circuit on Tuesday refused to revive a U.S. Postal Service contractor's $500 million lawsuit accusing USPS of misappropriating its confidential business information and wrongfully terminating their long-running relationship, affirming a lower court's toss of tort and contract claims.

  • June 10, 2025

    6th Circ. Probes Ambiguity Of Flagstar Overdraft Contract

    A panel of Sixth Circuit appellate judges on Tuesday zeroed in on whether a Flagstar Bank customer had to read and understand an agreement to support claims a contract was ambiguous in her case alleging the bank charged surprise, repeated overdraft fees, noting that there is little benefit to reading an agreement if it's unclear. 

Expert Analysis

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • As Tariffs Hit The Radar, PE Counsel Should Review Strategies

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    As tariffs compound existing challenges in the private equity sector, counsel should consider existing headwinds such as interest rates and industry-specific impacts like supply chains and pricing power, which may help mitigate risks and capture opportunity, says Nathan Viehl at Thompson Coburn.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • Mass. Suit Points To New Scrutiny For Home Equity Contracts

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    The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

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    A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

  • Hints Of Where Enforcement May Grow Under New ÃÛÌÒÊÓÆµ

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    Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the ÃÛÌÒÊÓÆµ seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.

  • Assessing Jurisdictional Issues In 2nd Circ. Bank Audi Case

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    The Second Circuit's reasoning last month in Raad v. Bank Audi that the exercise of personal jurisdiction must be based on conduct taking place within the jurisdiction reminds foreign financial institutions to continually monitor how plaintiffs are advocating for an expansive view of personal jurisdiction in the U.S., say attorneys at Freshfields.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • Mitigating Import Risks Around Southeast Asian Solar Cells

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    The U.S. Department of Commerce's recent final determinations in its antidumping and countervailing duty investigations into solar cells produced in certain Southeast Asian countries make it important for U.S. purchasers to consider risk mitigation strategies, including modifying supply chains and contractually assigning import responsibilities, say attorneys at Morgan Lewis.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

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