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Commercial Contracts
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.Â
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June 10, 2025
IT Co. Urges 1st Circ. To Affirm It's Blameless For Data Breach
An information security technology company urged the First Circuit on Tuesday to affirm that it isn't liable for a 2018 data breach that exposed confidential information of more than 277,000 of the medical device maker's patients, arguing that the insurer assignee of the device maker had no valid points.
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June 10, 2025
Lindberg Says NC Court Can't Force $1.24M Claim On Fla. Co.
Convicted mogul Greg Lindberg is fighting a New Jersey publisher's bid to collect on a $1.24 million judgment from a holding company in Florida, saying in a brief filed in North Carolina state appellate court that he doesn't hold an interest in the Florida company.
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June 10, 2025
Panel Dooms U. Of Washington's COVID-19 Coverage Battle
The University of Washington cannot get coverage from a Liberty Mutual unit for COVID-19-related losses under its all-risk property policy requiring "direct physical loss or damage" to insured property for coverage to be triggered, a Washington state appeals court ruled.
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June 10, 2025
Lawmakers Float NIL Bills Following NCAA Deal
Members of Congress introduced a pair of bills Tuesday looking to establish national standards for how college athletes monetize their name, image and likeness in the wake of the landmark NCAA class action settlement last week.
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June 10, 2025
Health Records Co. Looks To Toss Patient Data Access Case
PointClickCare is urging a Maryland federal court to toss a case seeking to force the medical records company to allow Real Time Medical Systems to access patient data with automated bots after the Fourth Circuit refused to lift an order requiring access while the case plays out.
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June 10, 2025
Dog Owner Defends Tick Meds Suit Against Elanco, Retailers
A consumer plaintiff has urged an Indiana federal judge not to dismiss her proposed class action accusing Elanco Animal Health Inc. of paying off alleged co-conspirators Chewy, Petco, PetMed Express, PetSmart and PetSense to not carry cheaper generative alternatives to the Advantix topical flea and tick pet prevention drugs.
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June 10, 2025
Spokesman Sues Motel 6 Over Unauthorized Use Of His Voice
Tom Bodett, a radio personality and voice actor known for Motel 6's radio and television ads for nearly 40 years, has sued the hospitality chain for allegedly using his name and voice without consent after he ended an agreement.
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June 10, 2025
Wells Fargo Can't Collect On $4M Stranger-Funded Life Policy
Wells Fargo Bank NA cannot collect on a $4 million life insurance policy, a Nebraska federal court ruled, finding the policy void from the start since it was taken out on the life of a now-deceased man with the intended purpose of benefiting an investor.
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June 10, 2025
Insurer Exposed Drivers' Personal Information, Court Told
An auto-population feature of tech-forward insurer Lemonade's online quote platform negligently disclosed about 190,000 drivers' license numbers to cybercriminals over 17 months, and the website still hasn't been fixed, according to a proposed class action in New York federal court.
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June 10, 2025
4th Circ. Backs Contract Verdict Against Turkish Weapons Co.
The Fourth Circuit on Tuesday rejected a Turkish military supplier's appeal in a case where a Virginia federal jury found that it owed $720,000 for breaching a 2019 agreement between it and a U.S. importer.
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June 10, 2025
No Sanctions For Cicis Pizza Investor, Judge Rules
A Texas state court judge drew short of sanctioning one of the companies that helped bring Cicis Pizza out of bankruptcy, but said Tuesday the company needs to turn over its complete ledger as it pursues a suit challenging allegedly excessive management fees totaling at least $25 million.
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June 10, 2025
Judge Warns Attys Over Candor In Grubhub-Kroger TM Row
An Illinois federal judge on Monday admonished defense counsel in ongoing trademark litigation between Grubhub Inc. and The Kroger Co. after finding discrepancies in the Kroger attorney's representations of information Grubhub provided in a discovery response, reminding all lawyers involved of their duty of candor and adherence to professional conduct rules.
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June 10, 2025
Merck Gets PTAB To Nix Johns Hopkins Cancer Drug Patent
Merck & Co. Inc. subsidiary Merck Sharp & Dohme LLC has notched a win at the Patent Trial and Appeal Board in its disagreement with Johns Hopkins University over a cancer research partnership, persuading a panel to invalidate claims in a university-owned patent relating to a colorectal cancer treatment.
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June 10, 2025
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery showed new resistance to suits alleging corporate weaponizing of advance notice bylaws, and a new report highlighted the high fees that attorneys are cashing in on in Delaware courts compared to the federal court system. Several new suits were also filed concerning allegedly under- or overvalued sales and acquisitions being pushed through.
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June 09, 2025
Blake Lively, NYT Defeat 'It Ends With Us' Defamation Claims
A New York federal judge on Monday threw out Justin Baldoni's defamation claims against his "It Ends With Us" costar Blake Lively, her husband Ryan Reynolds and The New York Times, among others, ruling that Baldoni hasn't plausibly alleged any statements were made or reported maliciously.
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June 09, 2025
Judge To Limit Experts in Biogen, Genentech Drug Royalty Trial
A California federal judge Monday laid out the ground rules for an upcoming high-stakes jury trial between Biogen and Roche Holding AG subsidiary Genentech over patent royalties on multiple sclerosis drug sales, giving each side nine hours to argue their case and saying she plans to limit expert testimony.
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June 09, 2025
Mexico Fights $47M Award, Claims Treaty Misinterpreted
Mexico has urged the D.C. Circuit to overturn a lower court order instructing it to pay a $47 million arbitral award issued to a Canadian lender after Mexican courts failed to halt a purportedly fraudulent scheme that caused the cancellation of loans for three real estate development projects.
Expert Analysis
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11th Circ. Ruling Warns Parties To Follow Arbitral Rules
The Eleventh Circuit's recent decision in Merritt Island Woodwerx v. Space Coast is important for companies utilizing arbitration clauses because it clearly demonstrates the court's intent to hold noncompliant parties responsible in federal court — regardless of subsequent efforts to cure, says Ed Mullins at Reed Smith.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Trucking Litigation Will Shift Gears In The Autonomous Era
As driverless trucks begin to roll out across Texas, a shift in how trucking accidents will be litigated is swiftly coming into view, with the current driver-centered approach likely to be supplanted by a focus on the design, manufacture and performance of autonomous systems, says Geoffrey Leskie at Segal McCambridge.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Google Case Amicus Briefs Reveal Patent Damage Fault Lines
The 21 amicus briefs filed before the en banc rehearing of EcoFactor v. Google offer opposing viewpoints on important patent damages issues that extend beyond the specific question the Federal Circuit eventually ruled on, helping practitioners anticipate and address likely objections to future damages opinions, say attorneys at Stout.
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How Trucking Cos. Can Keep Rolling Under Tariff Burdens
Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.
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Tariff Strategies For The US Renewable Energy Sector
The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.
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Series
Playing Poker Makes Me A Better Lawyer
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.
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As Tariffs Hit The Radar, PE Counsel Should Review Strategies
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.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
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.
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Mass. Suit Points To New Scrutiny For Home Equity Contracts
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.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
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.
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Hints Of Where Enforcement May Grow Under New ÃÛÌÒÊÓÆµ
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.