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Commercial Contracts

  • May 01, 2025

    DC Circ. Doubts Venezuelan State Oil Co. In Asset Seizure Suit

    The D.C. Circuit was having a hard time Thursday with a Venezuelan state-owned oil company's arguments that it should be allowed out of a nearly 14-year-old suit brought by an Oklahoma-based petroleum drilling company that claims its drilling rigs were illegally seized by the state.

  • May 01, 2025

    Aetna And Humana Accused Of Medicare Kickbacks And Bias

    The federal government brought a bombshell False Claims Act suit Thursday against Aetna, Elevance and Humana, claiming the insurers paid hundreds of millions of dollars in illegal kickbacks to brokers in exchange for enrollments into their Medicare Advantage plans, with Humana and Aetna also accused of discriminating against disabled beneficiaries.

  • May 01, 2025

    Fla. Panel Reverses Default Judgment In Prized Horses Suit

    A Florida appeals court Wednesday reversed a default judgment against a show horse owner in a dispute with investors, ruling that the court jumped the gun on the judgment after learning the owner faked brain cancer treatment to get preferred hearing dates.

  • May 01, 2025

    Fla. Appeals Court Puts Condo Damage Suit To Bed

    A Florida state appeals court upheld the dismissal of a condo's Hurricane Irma damage lawsuit against a Florida entity created to handle the claims for insolvent insurers, finding it was time-barred.

  • May 01, 2025

    Soccer Club Spars Over Evidence As Stadium Trial Looms

    An Oklahoma soccer team suing the National Premier Soccer League for breach of contract argued that the trial court should allow evidence showing that it lost revenue after the organization refused to allow access to a local stadium for its home games.

  • May 01, 2025

    Chancery Finds Contract Bars Appeal In Med Co. Merger

    Private equity-tilted limited liability company contract terms beat minority investor challenges to the fairness of the $8.9 billion merger in January 2023 that joined Summit Health-CityMD and VillageMD, a Delaware vice chancellor ruled late Wednesday.

  • May 01, 2025

    Army Contractor Seeks $1.3M Over Undelivered Cable Sets

    A U.S. Army contractor sued a custom cable manufacturer in Texas federal court Thursday, alleging that it is owed more than $1.3 million for specialized cable sets that were never delivered.

  • May 01, 2025

    Truckers Win $10M In Row Over Pay For Freight Transport

    A Michigan federal judge on Wednesday awarded $10.4 million to a class of truckers who sued RSP Express Inc. alleging the company and its owners skimmed off the top of their contracts, shorting drivers for freight they transported.

  • May 01, 2025

    'Continuous' Defaults Wipe $20M Gas Plant Verdict, Court Told

    Arrow Field Services LLC has asked the Texas Supreme Court to wipe out a $20 million verdict for its general contractor on a North Dakota natural gas plant because the company "was in continuous default" during the project.

  • May 01, 2025

    Hair, Makeup, Legal: The Lawyering Behind The Met Gala

    While the red carpet arrivals of the biggest names in the entertainment industry are sure to win the most attention at the Met Gala on Monday, attorneys also play a significant role in advising the brands and celebrities at the center of fashion's biggest night.

  • May 01, 2025

    11th Circ. Says Ga. Smoke Shop Can't Burn $1.1M Verdict

    The Eleventh Circuit said a Georgia-based tobacco importer will remain on the hook for a $1.1 million verdict for selling counterfeit rolling papers, rejecting the company's arguments that the Lanham Act damages levied against it needed to bear close relation to the actual damages suffered by the papers' manufacturer.

  • May 01, 2025

    Home Depot Faces Tool Rental 'Damage Protection' Suit

    Home Depot was hit with a proposed class action in Georgia federal court Wednesday over allegations that it consistently breaches provisions of its rental contracts by unilaterally applying damage protection without customers opting into the service.

  • May 01, 2025

    McCarter & English Fights Ex-Client's $1M Fee Reduction Bid

    A former McCarter & English LLP client waited too long to challenge interest calculations that added more than $1 million to an attorney fee award, the firm has argued, asking a judge to reject Jarrow Formulas Inc.'s bid to reduce a March 12 judgment totaling $3.8 million.

  • April 30, 2025

    Venezuela Chemical Co. Takes Aim At 11th Circ. Decision

    A Venezuelan state-owned petrochemicals company is urging the U.S. Supreme Court to clarify which party has the burden of proving whether sovereign immunity applies in litigation targeting foreign countries, as it looks to dodge litigation to enforce a $23 million debt owed to a Florida chemical wholesaler.

  • April 30, 2025

    Colo. Chicken Co. On Hook For $3M Supply Chain Settlement

    A Washington federal judge has ordered a Colorado-based poultry processor to reimburse a grocery distributor's $3 million settlement with an ex-Trader Joe's vendor that sued over a bony batch of meat, adding to more than $13.5 million the chicken producer owes following a December trial.  

  • April 30, 2025

    Calif. Bar Seeks Credits, Lower Pass Score After Exam Fiasco

    The California Bar has asked the state's supreme court to help it account for rampant technical difficulties on the February 2025 bar exam by approving a lower passing score and allowing the bar to give test-takers credit for some questions they left blank.

  • April 30, 2025

    Anheuser-Busch Must Face Trial In $90M SpikedSeltzer Case

    Anheuser-Busch must face a jury in a multimillion-dollar contract claim surrounding its 2016 buyout of a hard seltzer product line from its inventors and their investors, a Connecticut trial court judge ruled Wednesday, partially declining the beverage giant's bid for a quick win.

  • April 30, 2025

    Judge Will OK Wellpath's Ch. 11 Plan Over Release Objections

    A Texas bankruptcy judge said Wednesday he will confirm prison healthcare company Wellpath's Chapter 11 plan over objections after the debtor achieved a global settlement and agreed to additional changes, saying he was convinced the plan offered the best outcome.

  • April 30, 2025

    Judge Rejects $5M Fee Bid In Prospect Medical's Ch. 11

    Bankruptcy Code provisions that allow creditors who make substantial contributions to be reimbursed for costs don't cover Prospect Medical's pre-Chapter 11 investment banker, a Texas bankruptcy judge said Wednesday, rejecting a finance firm's bid for a $5 million sale fee.

  • April 30, 2025

    Energy Cos., Texans Seek To Dodge $230M Project Feud

    Guatemalan and Texas energy companies and several Texas residents are pushing to join a petition from oilfield services company Schlumberger NV to try to avoid being dragged into an arbitration through which US Oil of Guatemala aims to seek $230 million in damages over an allegedly mismanaged hydrocarbon project in Guatemala.

  • April 30, 2025

    Agri Stats Gets Say In DOJ's Poultry Worker Wage-Fixing Case

    A Maryland federal court allowed Agri Stats Inc. to intervene Wednesday in the U.S. Department of Justice's case accusing Wayne-Sanderson Farms and George's Inc. of suppressing wages, after the government said the poultry companies need to stop using the agricultural data firm.

  • April 30, 2025

    Amazon's Suit Over Soured Solar Deals Survives Dismissal

    Amazon can sue a California-based private equity company and firms tied to a pair of Golden State solar energy developments for allegedly trying to sabotage the projects after signing long-term power purchase deals, a Washington state judge has ruled, rejecting jurisdictional arguments from the defendants.

  • April 30, 2025

    3rd Circ. Preview: NJ To Defend ICE Contractor Law In May

    The Third Circuit's argument lineup for May will see the state of New Jersey defend a law barring its immigration detention centers from contracting with U.S. Immigration and Customs Enforcement, while Rutgers University seeks to keep its victory over claims it falsely inflated its business school's ranking.

  • April 30, 2025

    Fla. Lender Urges 11th Circ. To OK Arbitration In Fee Suit

    A Florida credit union urged an Eleventh Circuit panel Wednesday to overturn a lower court order denying arbitration in a proposed class action over wrongly assessed overdraft fees, saying failure to preregister with the American Arbitration Association isn't grounds for a default.

  • April 30, 2025

    DraftKings Wants MLB Players' IP Case Sent To 3rd Circ.

    Sports betting company DraftKings Inc. told a Pennsylvania federal judge Wednesday that she was wrong to allow an MLB players organization's suit over unlicensed use of athletes' likenesses to proceed, arguing that the Third Circuit should weigh in on potentially novel legal issues that could quickly end the case.

Expert Analysis

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • 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.

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