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Commercial Contracts

  • April 22, 2025

    Del. Suit Alleges Execs Eroded Value Of Texas Auto Repair Biz

    Two investors from Florida and Canada overhauled their Delaware state court derivative shareholder lawsuit alleging gross mismanagement against executives of a Texas auto repair technology business, saying a private equity firm helped them drain the company's value and prevent it from being sold in order to artificially inflate its worth.

  • April 22, 2025

    Grindr Closer To Arbitrating Suit By 'Outed' Catholic Priest

    A California judge said Tuesday he may send to arbitration a suit filed against Grindr for allegedly selling a Catholic priest's sensitive personal information and causing him to lose a coveted position in the church, saying the argument that the app cannot prove he agreed to the arbitration agreement falls short.

  • April 22, 2025

    J&J Ends Trade Secrets Suit Against Now Deceased Ex-Exec

    Johnson & Johnson has reached a settlement with the estate of a former executive that it accused of stealing confidential files when he left the company to work for Pfizer, but who died in the middle of the litigation, the parties told a New Jersey federal court.

  • April 22, 2025

    Pittsburgh Firm Accused Of Botching $3M Office Rent Row

    The owner of a Pittsburgh office building claims mistakes made by attorneys from Meyer Unkovic & Scott LLP cost the company more than $3.3 million in rental income and interest payments, according to a lawsuit filed in federal court Monday.

  • April 22, 2025

    Del. Justices Order Matterport CEO Cash-Out Recalculation

    Delaware's Supreme Court reversed and ordered a recalculation Tuesday for a $79 million Court of Chancery ruling on additional damages and interest due a former CEO of 3D building imaging company Matterport Inc. who challenged his $80 million cash-out in a 2021 go-public sale.

  • April 22, 2025

    Marketer Blasts Inventor's 'Cycle' Of Atty Fee Bids

    An invention marketing firm on Tuesday asked a Pennsylvania federal judge to reject Kearney McWilliams & Davis PLLC's push for more attorney fees stemming from an inventor's case over how the company handled preparations for a product launch, arguing the court already declined to increase the number.

  • April 22, 2025

    Citizens Bank Seeks Quick Win From Real Estate Partnership

    Citizens Bank pushed for an early win in its loan default suit in Connecticut state court, arguing that the court should allow it to foreclose on the Bristol properties that were used to secure a $23 million loan.

  • April 21, 2025

    Toyota Accused Of Illegally Selling Driver Data To Progressive

    Toyota has for years been using tracking devices to collect drivers' driving habits and other personal information and selling the driver data to third parties like auto insurer Progressive without consent, a putative class action filed Monday in Texas federal court alleges.

  • April 21, 2025

    Mexican Banks Escalate Discovery Fight With Sanctions Bid

    A Mexican bank and its affiliates have asked a Texas federal judge to sanction a businessman and his attorneys in a fraud case, saying they have deliberately obstructed court-ordered discovery in litigation accusing him of diverting and concealing corporate assets.

  • April 21, 2025

    Colo. Justices Say Insurer Can't Escape 'Economic Loss' Rule

    Colorado Supreme Court justices on Monday said an insurer can't escape an economic loss rule that precludes parties from bringing tort claims over a breach of duty arising from a contract, holding that the rule has no exception for willful and wanton conduct and tossing the insurer's negligence claim over a restaurant fire.

  • April 21, 2025

    FTC Accuses Uber Of Deceptive Subscription Practices

    The Federal Trade Commission sued Uber on Monday, alleging the ride-hailing and delivery app charged consumers for its Uber One subscription service without their consent and made them "navigate a maze" to end the subscriptions while advertising that they can cancel anytime.

  • April 21, 2025

    Crypto Cos. Sued Over 'Covert' Meme Coin 'Pump-And-Dump'

    A proposed securities class action in New York federal court is accusing a crypto platform, a venture capital firm and their executives of a "covertly orchestrated" scheme to pump and dump a token affiliated with a newly launched meme coin exchange.

  • April 21, 2025

    Sun Pharma Accuses Drugstores Of $10M Refund Scheme

    Sun Pharmaceutical Industries Inc. told a New Jersey federal court that a group of pharmacies and their operators engaged in a criminal, years-long racketeering scheme that resulted in it paying more than $10 million in refunds for short-dated pharmaceutical products.

  • April 21, 2025

    Pot Company Once Allied With Influencer Wants Rehearing

    A cannabis, spirits and vape company formerly associated with Instagram celebrity Dan Bilzerian is asking the Ninth Circuit for an en banc rehearing of a $1.6 million judgment against it, saying a panel of circuit judges ignored key facts when it found the company liable for breach of contract.

  • April 21, 2025

    Trucking Co. Still Owes Most Of $10M Pension Bill, Court Told

    A Michigan-based trucking company has stopped making payments toward a $10 million bill owed to a Teamsters pension fund after partially withdrawing from the plan, the fund said in a complaint filed Monday in Illinois federal court.

  • April 21, 2025

    Amazon Says Sanctions Unwarranted In Drivers' Wage Suit

    Potential members of a collective action accusing Amazon of misclassifying drivers were not coerced into talking to attorneys representing the company, Amazon told a Washington federal court, urging the court to reject the drivers' bid to slap sanctions on the company.

  • April 21, 2025

    DOJ Defends Wage-Fixing Jury Win From Mistrial Bid

    The U.S. Department of Justice is defending a key wage-fixing and fraud conviction of a Nevada nursing executive, hitting back at the executive's claims that it used privileged documents and communications to sway the jury during the three-week trial.

  • April 21, 2025

    Dental Practices Say Ex-Contractor Holding Websites Hostage

    A group of pediatric dental practices in North Carolina have accused their longtime business consultant of "hijacking" several website domains after they canceled his contract, saying he's trying to use the domains as leverage in unrelated negotiations.

  • April 21, 2025

    Agency Claims Pistons Star Flaked, Sues For $1M

    A sports management agency that began representing Detroit Pistons guard Malik Beasley in 2023 has sued him for $1 million in New York federal court, alleging he accepted a large marketing advance and then left for another agency.

  • April 21, 2025

    Justices Won't Hear Mall Of America's Sears Lease Dispute

    The U.S. Supreme Court on Monday declined to hear a case filed by the owner of Minnesota's Mall of America against Sears Holding Corp. over a transfer of a 100-year lease for an anchor store location, leaving in place a lower court's finding that the mall's lease was not a "true" contract.

  • April 21, 2025

    Justices Won't Hear CSX-Norfolk Southern Antitrust Case

    The U.S. Supreme Court refused on Monday to review whether CSX waited too long to bring its antitrust case against Norfolk Southern over fees charged by a Virginia switching line they jointly own.

  • April 18, 2025

    Temple Prof. Claims Colleague Stole From 'Rapping' Business

    A faculty member at Temple University with a side job doing speaking engagements as "The Rapping Professor" claims that his partner in the business mishandled funds, according to a lawsuit filed in Philadelphia state court.

  • April 18, 2025

    Cannabis Co. Says Lender Lied About Default To Steal Funds

    A cannabis company with facilities in New Jersey and Pennsylvania has alleged in Garden State federal court that its lender lied about the company being in default in order to steal funds out of two of the company's bank accounts and claims it shows no sign of stopping.

  • April 18, 2025

    Boeing Bashed For 'Stonewalling' Discovery In 737 Fraud Suit

    Norwegian Air subsidiaries accusing Boeing of fraud in connection with jet purchase deals have urged a Washington federal judge to force the aerospace giant to hand over documents in the case, citing Boeing's apparent "playbook of repeated delay, resistance and obfuscation."

  • April 18, 2025

    Judge Sides With Wash. In NY Distillery's Sales Reg Challenge

    A federal judge has rejected a New York whiskey maker's challenge to a Washington rule that distilleries must have a physical in-state location to sell to Evergreen State consumers online, saying the regulation isn't discriminatory because it "applies evenhandedly" regardless of the producer's home state.

Expert Analysis

  • A Look At The Regulatory Scrutiny Facing Liquid Restaking

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    Recent U.S. Securities and Exchange Commission enforcement actions highlight the regulatory challenges facing emerging financial instruments like liquid restaking tokens and services, say Daniel Davis and Alexander Kim at Katten.

  • 3 Notes For Arbitration Agreements After Calif. Ruling

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    After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • How Justices' E-Rate Decision May Affect Scope Of FCA

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    The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • Addressing The Growing Hazards Of Mass Arbitration

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    Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.

  • Opinion

    Prejudgment Interest Is A Game-Changer In Ill. Civil Suits

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    Civil litigation can leave plaintiffs financially strained and desperate for any recovery, especially when defendants use delaying tactics — but the Illinois Legislature's move to allow prejudgment interest has helped bring litigants to the table earlier to resolve disputes, minimizing court expenses and benefiting all parties, says Benjamin Crane at Coplan + Crane.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • 2nd Circ. Ruling May Limit Discovery In Int'l Arbitration

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    The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • NY Ruling Offers A Foreclosure Road Map For Lenders

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    A New York appellate court recently upheld a summary judgment ruling in favor of a commercial lender's foreclosure in U.S. Bank v. 1226 Evergreen Bapaz, illustrating the proofs lenders will need to prosecute a foreclosure action, especially where the plaintiff is an assignee of the originating lender, say attorneys at Sherman Atlas.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

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