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Commercial Contracts

  • May 09, 2025

    Musk Accused Of Underpaying Petition Bounties

    Elon Musk and his political action committee America PAC got hit with another proposed class action by swing-state voters who say they were not fully paid for putting their names to the petition that he and his PAC promised up to $100 for signing before the 2024 election.

  • May 09, 2025

    IP Partner Rejoins Venable After Morgan Lewis Stint

    Venable LLP has welcomed an intellectual property litigator back to its Washington, D.C., office after a stint at Morgan Lewis & Bockius LLP, touting her experience advising media, consumer product and software companies on a variety of IP matters, especially those involving artificial intelligence and copyright issues.

  • May 09, 2025

    Auto Parts Mogul Challenges Order To Pay Alter Domus $127M

    An auto parts manufacturer accused of failing to make good on a credit agreement urged a Michigan federal judge to undo a 2021 ruling ordering him to pay $127 million to Alter Domus, saying the administrative agent admitted it did not have a financial stake in the case.

  • May 09, 2025

    Souter's Clerks Remember Him As Humble, Kind And Caring

    Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.

  • May 09, 2025

    Off The Bench: Latest NIL Deal Fix, More WWE Court Troubles

    In this week's Off The Bench, the NCAA tries again to get its multibillion-dollar compensation settlement approved, two sets of accusers draw Vince McMahon's history of misconduct at the WWE into their complaints, and the men's tennis tour was ordered to stop threatening players over joining an antitrust suit.

  • May 09, 2025

    Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter

    Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.

  • May 09, 2025

    Shutts & Bowen Eyes Sanctions Over Country Club Sale Suit

    Florida firm Shutts & Bowen LLP is continuing its pushback against a real estate corporation's malpractice lawsuit alleging it sank the sale of a country club, this time serving a motion for sanctions in the state court.

  • May 09, 2025

    A Look At David Souter's Most Significant Opinions

    The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.

  • May 09, 2025

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

    This past week in London has seen a subsidiary of State Street Corp. sue British sports betting giant Entain, Manolete Partners and HSBC tackle action just weeks after signing a £17 million revolving credit facility agreement, and a commercial fraud claim launched by EFG Bank against Mirabaud & CIE.

  • May 09, 2025

    Justice Souter Was An Unexpected Force Of Moderation

    Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.

  • May 09, 2025

    NC Finance Co. Says Ex-Director Kept Client Contact Info

    A financial advising company took its former client services director to North Carolina's Business Court after he allegedly told the firm's president that he was not going to delete client information from his personal phone following his termination and intended to use it to solicit his ex-employer's customers.

  • May 09, 2025

    Retired Supreme Court Justice David Souter Dies At 85

    Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday. 

  • May 08, 2025

    Ex-Brookfield Leader Says He Was Fired For Whistleblowing

    A former managing partner at Brookfield Asset Management lobbed wrongful termination and defamation claims at his former employer Thursday, claiming that he was fired for refusing to accept a bribe and for filing a whistleblower complaint with the U.S. Securities and Exchange Commission.

  • May 08, 2025

    Schwan's Moves To Block Conagra's Late Expert Reports

    Schwan's has urged a Minnesota federal judge to throw out late-stage expert testimony and documents introduced by Conagra Brands in a trade secrets lawsuit over the company's hiring of a former Schwan's scientist, saying that its food business rival engaged in "trial by ambush" by unveiling new damages theories and evidence after the close of discovery.

  • May 08, 2025

    Ruling Over Expired Bard Patent Causes Split, Justices Told

    Atrium Medical has asked the U.S. Supreme Court to review a Ninth Circuit ruling that revived a $53 million breach of contract lawsuit against it by C.R. Bard, saying the appeals court "takes a dramatically different approach" from other circuits on royalty payments.

  • May 08, 2025

    Kroger-Owned Chain Fights Counterclaims In Strike Row

    If a United Food and Commercial Workers local wants to accuse King Soopers of violating a post-strike agreement, the union must take its argument to the National Labor Relations Board, the Kroger-owned grocery chain told a Colorado federal judge Thursday, asking her to throw the allegation out of federal court.

  • May 08, 2025

    Ticketmaster Asks Justices To Protect 'Alternative' Arbitration

    Live Nation and Ticketmaster have asked the U.S. Supreme Court to clarify whether a federal law requires courts to enforce only traditional arbitration arrangements Congress envisioned when the law was enacted a century ago, or also "alternative" agreements drafted more recently to process mass arbitration.

  • May 08, 2025

    Couple Slams 'Ping-Pong' Brief In Conn. Waterfront Feud

    A married Bridgeport, Connecticut, couple are urging a state court to strike a post-trial reply brief that was filed by companies that the couple are suing over local waterfront access, arguing that counsel for both sides previously agreed to only make one set of post-trial filings simultaneously.

  • May 08, 2025

    Dentons Europe, Houston Co. To Settle $4.7M Fee Dispute

    Dentons Europe CS LLP and Houston-area Guidry & Associates Inc.'s $4.7 million fee dispute was dismissed Thursday after the parties notified the court of settlement talks. 

  • May 08, 2025

    Judge Says No French Connection In L'Oreal Hair Relaxer MDL

    An Illinois federal judge has dismissed L'Oréal USA Inc.'s French parent company from multidistrict litigation alleging it and other companies' hair relaxer products can cause health problems, finding the company doesn't have sufficient connections to the U.S. for the court to have jurisdiction.

  • May 08, 2025

    Miami Atty Joins Arbitration Place After US Expansion

    A Miami attorney has joined the roster of decision-makers at Arbitration Place tasked with helping settle international legal disputes out of court following the company's recent expansion to the U.S.

  • May 08, 2025

    Minn. Co. Settles Suit Over Veggies Left Sitting At Ga. Port

    Three ARL Network transportation units have settled a lawsuit alleging they allowed 20 containers of frozen vegetables to sit at the Port of Savannah in Georgia, costing a Minnesota company over $1 million in fees.

  • May 08, 2025

    Landry's To Pay Iranian Server $95K In EEOC Harassment Suit

    Seafood restaurant chain Landry's will pay $95,000 to wrap up a U.S. Equal Employment Opportunity Commission suit claiming it fired an Iranian server under false allegations that she came to work drunk after she complained about harassment, according to a Colorado federal court filing.

  • May 08, 2025

    Biotech Tells Chancery Drug Co. Abused Merger Prospects

    Biotech venture Renovaro Inc. sued cancer-focused, artificial intelligence-assisted drug developer Predictive Oncology Inc. in Delaware's Court of Chancery on Thursday, accusing Predictive of walking away from a merger agreement after its standalone prospects improved upon announcement of the deal.

  • May 08, 2025

    NC Ophthalmologist Owes Ex-Partner Office Building Cash

    The North Carolina Business Court has ruled that an ophthalmologist who agreed to buy out his former business partner's share of their practice must pay the former partner 36% of the value of their office building under the terms of their confidential settlement agreement.

Expert Analysis

  • 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.

  • FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out

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    Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Kubient Case Shows SEC's Willingness To Charge Directors

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    The U.S. Securities and Exchange Commission's recent fraud charges against Kubient's former CEO, chief financial officer and audit committee chair signal a willingness to be more aggressive against officers and directors, underscoring the need for companies to ensure that they have appropriate channels to gather, investigate and document employee concerns, say attorneys at Jenner & Block.

  • 3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim

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    The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Boeing Ruling Is A Cautionary Tale For Trade Secret Litigants

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    A Washington federal court’s recent ruling canceling a $72 million jury award against Boeing because Zunum Aero had failed to properly identify its trade secrets highlights the value of an early statement of alleged secrets, amended through discovery and used as a framework at trial, says Matthew D'Amore at Cornell.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Google And The Next Frontier Of Divestiture Antitrust Remedy

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    The possibility of a large-scale divestiture in the Google search case comes on the heels of recent requests of business breakups as remedies for anticompetitive conduct, and companies should prepare for the likelihood that courts may impose divestiture remedies in the event of a liability finding, say Lauren Weinstein and Nathaniel Rubin at MoloLamken.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • Exploring Practical Employer Alternatives To Noncompetes

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    With the Federal Trade Commission likely to appeal a federal court’s recent rejection of its noncompete ban, and more states limiting the enforceability of these agreements, employers should consider back-to-basics methods for protecting their business interests and safeguarding sensitive information, says Brendan Horgan at FordHarrison.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

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