Commercial Contracts

  • November 26, 2025

    11th Circ. Says State Farm Doesn't Owe $1M For Shooting

    The Eleventh Circuit reversed a lower court ruling in an unpublished opinion that ordered State Farm to cover a $1.13 million judgment against a gas station owner by an employee who was shot on the premises, saying that an employer's liability exclusion bars coverage.

  • November 26, 2025

    Ill. Judge Trims DraftKings Sports Betting Promos Suit

    An Illinois federal judge refused to dismiss outright a proposed class action claiming that DraftKings's advertisements fuel gambling addiction, but trimmed a few claims from the suit, finding several of the lead plaintiffs failed to specify when they saw the ads in question.

  • November 26, 2025

    Tube Maker's Board Says CEO Funneled Profits To Sons' Co.

    The special committee of the nation's largest squeezable tube manufacturer's board has sued the company's CEO and his two sons in Delaware Chancery Court, alleging they siphoned off corporate profits through a self-dealing arrangement that steered label-supply business to a family-owned business at inflated prices.

  • November 25, 2025

    Warner Music, Suno Settle AI Suit, Unveil Partnership

    Warner Music Group and artificial intelligence music startup Suno entered a new music creation partnership that also resolves WMG's copyright lawsuit against the AI-powered platform, the companies announced Tuesday, nearly a week after WMG also announced a settlement and collaboration with another AI music generator.

  • November 25, 2025

    UnitedHealth Gets OptumRx Antitrust Suit Sent To Arbitration

    A group of independent pharmacies must arbitrate their proposed class claims that UnitedHealth-owned OptumRx gatekeeps its network of Medicare prescription patients by imposing unfair fees, a Washington federal judge said Tuesday, concluding the pharmacies haven't shown the arbitration clauses in question are unenforceable.

  • November 25, 2025

    Bitcoin Depot Unit Hit With $18.5M Arbitration Award

    The parent of a Canadian company that develops software allowing global network users to deposit cash for Bitcoin or exchange Bitcoin for cash said its subsidiary was hit with an $18.47 million arbitral award in a dispute with a bankrupt operator of cryptocurrency ATMs.

  • November 25, 2025

    Delta Retirees Seek Court Clearance For Benefits Class Action

    A retired flight attendant accusing Delta Air Lines Inc. of shorting married pensioners on retirement benefits by miscalculating lump-sum payouts asked a Nevada federal court to grant her case class action status, arguing the roughly 3,000-strong group she proposed had enough in common to warrant certification.

  • November 25, 2025

    3rd Circ. Restores NCAA Junior-College Eligibility Rule

    An NCAA rule that includes junior colleges when determining a college athlete's eligibility is a "commercial" restriction, but a Rutgers University football player must go back to court and define the market for his labor if he wants to argue the rule violates antitrust law, the Third Circuit said Tuesday.

  • November 25, 2025

    BMW Refuses To Cover Faulty Component, Suit Claims

    BMW has known for several years about a transmission component defect causing more than a dozen of the luxury carmaker's vehicle models to jerk and shudder while driving but has improperly refused to cover necessary repair costs, consumers have alleged in New Jersey federal court.

  • November 25, 2025

    Insurance Broker Says Competitor Stole Employees, Clients

    The parent company of insurance brokerage Trucordia told the Delaware Chancery Court on Monday that it has lost more than $2.5 million in annual commission revenue because a Florida-based competitor is trying to poach Trucordia's employees and clients in coordination with a former insurance producer and current equity holder.

  • November 25, 2025

    Cannabis Co. Says $1.5M Default In Contract Dispute Is Void

    A cannabis company is urging a Los Angeles state court to set aside a $1.5 million default judgment against it in a contract dispute, saying the judgment goes far beyond what's allowable under state law.

  • November 24, 2025

    Williams Sonoma Sues Quince Over 'Dupe' Comparisons

    Williams-Sonoma Inc. on Friday sued Quince in California federal court, accusing the direct-to-consumer retailer of falsely advertising to consumers that its products, though cheaper, are of the same high quality as Williams Sonoma's products.

  • November 24, 2025

    Nvidia Stole AI Co.'s IP And Trashed $1.5B In Value, Suit Says

    Nvidia Corp. obtained a tech startup's proprietary artificial intelligence software under the guise of a potential acquisition, used the software to develop its own product, then rendered $1.5 billion in IP worthless by publishing the software for anyone to download free, according to a lawsuit filed Monday in New York state court.

  • November 24, 2025

    Amazon, Gillette Claim Oral-B Toothbrush Heads Were Fakes

    Amazon and Gillette on Monday sued dozens of "bad actors" that the companies claim sold counterfeit Oral-B toothbrush heads on the e-commerce platform, misleading shoppers, lying to Amazon and infringing Gillette's trademarks.

  • November 24, 2025

    3 Federal Circuit Clashes To Watch In December

    The Federal Circuit's argument calendar for December includes a festive $71.4 million patent dispute about artificial Christmas trees, as well as a software company's bid to revive a nine-figure trade secrets and contract verdict against Ford that was slashed to a nominal $3.

  • November 24, 2025

    Prep School Firings Called Payback For Alleging Favoritism

    Two longtime members of the athletic department staff at The Lawrenceville School, a private preparatory academy, are alleging in New Jersey state court that they were fired in retaliation for raising concerns over an alleged relationship between the school's athletic director, who is a former NFL player, and another staff member.

  • November 24, 2025

    Crypto Cos. Seek OK Of $2.5M Iceland Mining Facility Award

    Two cryptocurrency companies have asked a New York federal court to enforce an approximately $2.5 million arbitral award against a project finance advisory firm in their contract dispute over investments in an Icelandic crypto mining facility.

  • November 24, 2025

    NJ Panel Orders Arbitration In Jersey City Real Estate Dispute

    A New Jersey appellate court on Monday affirmed a lower court's arbitration order for several counterclaims in a dispute involving a Jersey City apartment project, ruling that the counter-defendants didn't previously waive their right to arbitrate the counterclaims.

  • November 24, 2025

    Israeli Co. Can't Expand Contract Breach Suit Over $25M Deal

    An Israeli smart packaging company can't enlarge a North Carolina Business Court contract breach suit, a judge ruled Monday, saying the amendment would "wholly transform" the case and prejudice defendant Sealed Air Corp.

  • November 24, 2025

    Biotechs Go To Del. Chancery Over Cancer Drug Rights

    A contract battle has broken out in the Delaware Chancery Court between two biotechs, each accusing the other of materially breaching a decade-old collaboration agreement governing rights to the cancer drug Jemperli.

  • November 24, 2025

    Transit Operator Says Union Standoff Risks $100M In Funding

    A Florida public transit operator has accused a bus drivers union of withholding its signature on a safety plan that the Jacksonville Transit Authority must submit annually to obtain federal funding, asking a court to compel the union to either sign the plan or arbitrate its disagreements with it.

  • November 24, 2025

    Doctor Liable For Rent On Ex-NFL Player's Concussion Clinic

    A Florida neurologist who partnered with a former National Football League player to start a concussion clinic in Massachusetts can't dodge more than $100,000 in unpaid rent and interest owed by the defunct venture, an intermediate state appellate court said.

  • November 24, 2025

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week delivered a packed mix of fraud allegations, merger fallout, corporate-governance reforms and jurisdictional fights, while a new academic report ignited debate over attorney fee awards in Delaware's influential corporate forum.

  • November 24, 2025

    High Court Won't Revive UBS Retaliation Case Again

    The U.S. Supreme Court on Monday said it would not again take up a fired UBS worker's whistleblower retaliation lawsuit concerning whether the Sarbanes-Oxley Act requires whistleblowers to show proof of discrimination or proof of retaliation.

  • November 21, 2025

    Ex-Google CEO Accused Of Sex Assault, Cyberstalking

    A woman who says she dated former Google CEO Eric Schmidt has accused him of sexually assaulting her, stealing her businesses and surveilling her devices via a "backdoor" he built with Google engineers to covertly spy on employees, according to a complaint she's trying to file in California state court.

Expert Analysis

  • How Trucking Cos. Can Keep Rolling Under Tariff Burdens

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    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.

  • Tariff Strategies For The US Renewable Energy Sector

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    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.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    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.

  • As Tariffs Hit The Radar, PE Counsel Should Review Strategies

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    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.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    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.

  • Mass. Suit Points To New Scrutiny For Home Equity Contracts

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    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.

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

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    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.

  • Hints Of Where Enforcement May Grow Under New CFPB

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    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 CFPB seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.

  • Assessing Jurisdictional Issues In 2nd Circ. Bank Audi Case

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    The Second Circuit's reasoning last month in Raad v. Bank Audi that the exercise of personal jurisdiction must be based on conduct taking place within the jurisdiction reminds foreign financial institutions to continually monitor how plaintiffs are advocating for an expansive view of personal jurisdiction in the U.S., say attorneys at Freshfields.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • Mitigating Import Risks Around Southeast Asian Solar Cells

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    The U.S. Department of Commerce's recent final determinations in its antidumping and countervailing duty investigations into solar cells produced in certain Southeast Asian countries make it important for U.S. purchasers to consider risk mitigation strategies, including modifying supply chains and contractually assigning import responsibilities, say attorneys at Morgan Lewis.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

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