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Commercial Contracts

  • August 15, 2025

    Smoke Shop Tells Panel It's Owed Defense Over Fatal Crash

    A North Carolina smoke shop urged a state appeals court to find that its insurer must defend it in a lawsuit alleging that an individual who consumed nitrous oxide products from the shop caused a fatal auto collision, noting it has already disputed underlying allegations of negligence.

  • August 15, 2025

    Reggie Bush Didn't Sign NIL Rights Away, Court Told

    Reggie Bush's attorney urged a Los Angeles judge Friday to reconsider a tentative ruling that would toss the former football star's suit accusing the NCAA, the University of Southern California and the Pac-12 Conference of exploiting his name, image and likeness, saying Bush did not sign his rights away.

  • August 15, 2025

    Chancery Says Failed FTX Claim Buy Is Outside Its Jurisdiction

    A Delaware Chancery Court judge on Friday ruled that a lawsuit over a failed deal to buy a claim in the Chapter 11 case of cryptocurrency platform FTX does not belong in his court, saying the fact the bankruptcy is being heard in Delaware does not constitute a sufficient connection to the state.

  • August 15, 2025

    2nd Circ. Says Sun Life Can't Nix Worker's Benefits Challenge

    A split Second Circuit panel resuscitated a worker's suit challenging Sun Life's decision to deny her long-term disability benefits, ruling a release she signed with her employer didn't bar her from suing the insurance company because she was assured the agreement wouldn't block her ability to collect benefits.

  • August 15, 2025

    Charter Hid Losses After FCC Subsidies Ended, Investor Says

    Charter Communications has been hit with a proposed shareholder class action alleging it misled investors about its ability to offset internet customer losses after the end of the FCC's pandemic-era Affordable Connectivity Program, which 5 million of Charter's customers used.

  • August 15, 2025

    Mass. Nonprofit To Pay $1M To Settle FCA Allegations

    A Massachusetts nonprofit will pay $1 million to settle allegations it violated the False Claims Act by securing a pandemic relief loan that it was never eligible for and was later forgiven, federal prosecutors said Friday.

  • August 15, 2025

    AbbVie's Key RICO Claims In Drug Cost Fraud Suit Survive

    An Illinois federal judge on Friday ruled that AbbVie could move ahead with the bulk of its racketeering, tortious interference and fraud claims against a behind-the-scenes healthcare company that the drugmaker alleges colluded with pharmacy benefit managers to fraudulently obtain drugs meant for patients in AbbVie's charitable programs.

  • August 15, 2025

    Atty Urges Texas High Court To Take On Suit Over Firm Ouster

    A former Branscomb PC partner is asking the Texas Supreme Court to reject a lower court's order compelling him to arbitrate a suit he brought against the firm's other partners accusing them of wrongfully ousting him.

  • August 15, 2025

    Taxation With Representation: Wachtell, Cooley, Sullivan

    In this week's Taxation With Representation, the NBA signs off on the sale of the Boston Celtics, Gildan Activewear acquires HanesBrands, private equity shop Advent International buys insurance software firm Sapiens, and financial software provider MeridianLink goes private via its acquisition by Centerbridge Partners.

  • August 15, 2025

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

    This past week in London has seen Transport for London hit with a procurement claim by the operator of Oyster card, while Mastercard and Visa face claims from the Rocco Forte Hotel Group, and Liverpool Football Club lobbed a claim against a security company.

  • August 14, 2025

    9th Circ. Won't Revive 3M Worker's Noncompete Dispute

    The Ninth Circuit on Thursday declined to revive a former 3M Co. employee's lawsuit over a noncompete provision in his employment contract, agreeing with a Washington federal court's finding that the complaint failed to allege 3M actually enforced or leveraged the noncompete in violation of state law.

  • August 14, 2025

    9th Circ. Restores Boeing's $72M Loss In Electric Jet IP Suit

    A Ninth Circuit panel reinstated a $72 million jury verdict against Boeing in an electric jet startup's trade secret case on Thursday and said a new judge should handle future proceedings, flagging the trial judge's late disclosure that his spouse acquired Boeing stock through an IRA during the litigation.

  • August 14, 2025

    Healthcare Co. Exec, GC Revealed Trade Secrets, Court Told

    A preponderance of emails shows that former CEOs involved with a trio of healthcare and real estate companies shared financial documents and other intellectual property that were undoubtedly trade secrets, the companies' attorney told the North Carolina Business Court on Thursday.

  • August 14, 2025

    9th Circ. OKs Returning Calif. Farm Wage Suit To State Court

    A California farmworker's wage and hour suit against Sunsweet Growers Inc. can proceed in state court, a Ninth Circuit panel ruled Thursday, rejecting the company's argument that the suit belongs in federal court and should be dismissed.

  • August 14, 2025

    9th Circ. Affirms Damages In Litigation Support Services Dispute

    The Ninth Circuit on Thursday affirmed a Nevada federal court's judgment awarding a litigation support services company a combined $350,000 in liquidated damages and attorney fees after finding a competitor breached their years-old settlement and violated its trademark, determining the district court had not selectively enforced the rules.

  • August 14, 2025

    NBA Signs Off On $6B Sale Of Celtics

    The National Basketball Association board of governors approved the sale of the controlling interests in the Boston Celtics to an investor group led by private equity firm co-founder Bill Chisholm, with the valuation of the club estimated at $6.1 billion.

  • August 14, 2025

    NC Mortgage Lender Seeks Coverage For Fraud Claims

    A mortgage lender said it is owed $540,000 from a title insurer after a borrower filed a complaint with the North Carolina Department of Justice about fraudulent activity related to his loan, telling a federal court the insurer shirked its obligations under the policy and related coverage documents.

  • August 14, 2025

    NY Man Owes PNC $27.3M After Kiting Spree, Bank Claims

    PNC Bank has sued a New York man and his eight companies, alleging they owe the bank $27.3 million after executing a massive check-kiting scheme against the bank over a recent 12-day period.

  • August 14, 2025

    Disney, ESPN Hit With Trade Secrets Suit By Tech Startup

    A sports technology startup sued Disney and ESPN in New York federal court on Thursday, alleging they "feigned" interest in a business partnership in order to lift trade secrets and launch a version of the startup's software.

  • August 14, 2025

    Calif. Justices Say No Arb. For Nursing Home Death Claim

    The California Supreme Court on Thursday reversed a decision sending to arbitration a wrongful death claim by parents who allege their son was neglected at the 24-hour skilled nursing facility he was admitted to.

  • August 14, 2025

    Citibank Gets Partial Win In $15M Brooklyn Foreclosure Suit

    A New York federal judge partially sided with Citibank on Thursday in the bank's Brooklyn property foreclosure suit against a loan guarantor and a company that defaulted on a $15 million mortgage loan.

  • August 14, 2025

    Insurer Avoids Bad Faith Claims In $2M Vandalism Case

    A California state court dismissed a property owner's claims that its insurer refused in bad faith to cover nearly $2 million in vandalism losses after its tenant, a cannabis cultivator, ended its lease, but found the owner's breach of contract claim can still proceed to trial.

  • August 14, 2025

    Ga. Management Co. Sues Over Doechii, SiR Festival Deposit

    A Georgia entertainment management firm has filed suit against a man and his management company for allegedly failing to secure hip-hop artists Doechii and SiR to perform at a Baltimore music festival despite collecting a more than $185,000 deposit for that purpose.

  • August 14, 2025

    2nd Circ. Denies NFL Arbitration In Flores Case

    Fired Miami Dolphins coach Brian Flores won efforts to keep his racial discrimination claims against the NFL in federal court, with the Second Circuit finding Thursday that the league cannot force him into arbitration because the organization has unilateral control over the process.

  • August 13, 2025

    4th, 11th Circs. Shoot Down Local Gov't Cell Tower Denials

    Both the Fourth and the Eleventh Circuits issued decisions Wednesday allowing cell tower companies to move forward with projects over the objections of local governments that denied them permission.

Expert Analysis

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • If Elphaba Had Signed A Restrictive Covenant In 'Wicked'

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    Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • Notable Q4 Updates In Insurance Class Actions

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    In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    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.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “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.

  • Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy

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    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.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    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.

  • 10 Issues To Watch In Aerospace And Defense Contracting

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    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.

  • Class Actions At The Circuit Courts: February Lessons

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    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.

  • Series

    Competitive Weightlifting Makes Me A Better Lawyer

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    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.

  • Pier Pressure: Contract Takeaways From Pa. Ocean Liner Suit

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    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.

  • Opinion

    Inconsistent Injury-In-Fact Rules Hinder Federal Practice

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    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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