Commercial Contracts

  • July 09, 2026

    9th Circ. Spurns Doxo's Bid To Arbitrate Class Action

    The Ninth Circuit backed a Washington district court's decision to deny online bill-pay service Doxo Inc.'s bid to arbitrate class claims that it deceived customers by not disclosing fees upfront, saying the company waited too long and litigated too much before pushing for arbitration.

  • July 09, 2026

    NC Biz Court Tosses Lot Owners' $1.45M Helene Fee Fight

    The North Carolina Business Court has scrapped a legal challenge over a $1.45 million special assessment levied against property owners in a gated community to cover Hurricane Helene damages, finding the lot owners failed to plead any facts in support of their claims.

  • July 09, 2026

    Regeneron Cites Medtronic Ruling In Amgen Bundling Case

    Regeneron has told a Delaware federal judge there is new reason to preserve its $407 million win against Amgen over cholesterol drug bundling after a California federal judge found in an analogous case that the plaintiff need not prove the defendant had monopoly power over every item in a bundle.

  • July 09, 2026

    5th Circ. Prods Highland-Affiliated Co. On Ex-CEO's 'Privity'

    A Fifth Circuit panel pressed an entity related to Highland Capital to explain why a fraudulent transfer claim against Highland's former CEO should stand following a separate consent judgment, asking when the former chief executive ceased to be "in privity with Highland."

  • July 09, 2026

    Tesla Keeps Part Of Arbitration Award In Battery IP Feud

    A California federal judge has backed part of an arbitration award blocking a Tesla supplier from selling certain electric vehicle battery equipment to anyone other than Tesla, but said the arbitrator needs to take another look at other parts of the injunction.

  • July 09, 2026

    Colombian Entrepreneur Cooked Books To Sell Co., Suit Says

    Investment advisory firm Christofferson Robb & Co. has sued former Colombian presidential candidate Santiago Botero and several other entities, claiming they participated in a scheme to inflate the financial performance of Botero's failing loan servicing company that benefited the business executive, his family and friends.

  • July 09, 2026

    USF Must Pay Fees Over Destroyed Notes In Sex Abuse Suit

    A California magistrate judge has ordered the University of San Francisco to pay legal fees stemming from the destruction of its former athletic director's notes in a suit over alleged sexual harassment within the school's baseball program.

  • July 09, 2026

    Insurer Says Freight Cos. Blew Coverage Of $59M Judgment

    An insurer defending two freight companies as they appeal a $59 million personal injury judgment against them urged a New Jersey federal court to find they aren't owed any coverage because, the insurer alleged, they went behind the insurer's back by working with the injured motorist.

  • July 09, 2026

    Colo. Panel Nixes Developer's $1.2M Atty Fee Award

    Colorado appellate judges held for the first time Thursday that a trial court's order denying a request for attorney fees is not final and appealable until the trial court resolves every party's fee request, siding with a property owners association's bid to reverse a developer's $1.26 million fee award.

  • July 09, 2026

    3rd Circ. Hints At Reviving $100M Verdict Against Caterpillar 

    The Third Circuit Thursday appeared skeptical of Caterpillar Inc.'s argument that a lower court's decision to vacate $100 million in damages awarded to a defunct equipment importer should stand, suggesting the heavy equipment maker's argument would foreclose new businesses from ever receiving lost profits.

  • July 09, 2026

    Sandoz's Patent Loss Blocks Antitrust Suit, 4th Circ. Told

    Retired U.S. Circuit Judge Paul R. Michel is backing Amgen against Sandoz's Fourth Circuit appeal, arguing in an amicus brief that the final say over now-nixed allegations of blocked biosimilar competition to arthritis drug Enbrel came when Amgen successfully sued Sandoz for patent infringement.

  • July 09, 2026

    'Bye Bye Bye' Choreographer Drops Sony Copyright Claims

    The artist behind NSYNC's iconic "Bye Bye Bye" choreography has dropped his claims against Sony Music Holdings Inc. over allegations that the company licensed the dance for use in Marvel Studios' 2024 movie "Deadpool & Wolverine" and Epic Games' video game Fortnite without his permission or giving him credit.

  • July 09, 2026

    $500M Medical Glove Contract Breach Suit Sent To Arbitration

    A Malaysia-based distributor must arbitrate its $500 million suit against a medical gloves supplier in a case stemming from a COVID-19 era agreement aimed at supplying nitrile gloves to Walmart for resale, after a New York federal court found an exception to arbitration for intellectual property disputes did not apply to the claims.

  • July 09, 2026

    Atty Fights Bid To Ax Health Plan RICO Suit

    An attorney who filed a proposed RICO class action in New York tied to a Federal Trade Commission case alleging a $91 million sham health insurance scheme is fighting a receiver's dismissal and sanctions bid, telling a Florida federal court he never defied its orders.

  • July 08, 2026

    Samsung Accuses Netlist Of Patent 'Double-Dip' In Latest Suit

    Samsung has kicked off yet another lawsuit in its long-running intellectual property dispute with Netlist, this time claiming that Netlist is trying to "double dip" with a demand that Samsung take a second license to Netlist's patents covering semiconductor technology, according to a complaint filed in Delaware federal court Wednesday.

  • July 08, 2026

    Navistar Expert Says GLS Missteps, Not Delays, Drove Losses

    Navistar's economic damages expert testified in Michigan federal court Wednesday that it was a Warren truck buyer's bad business decisions that led to the company losing millions, not the late delivery of 1,100 tractor-trailer vehicles that Navistar was supposed to deliver in June 2022.

  • July 08, 2026

    Cannabis Firm Escapes Default In Pot Product Supply Dispute

    A California cannabis products distributor has overcome a default judgment in a $306,000 contract dispute after a California state court judge said that the plaintiff's delivery of a copy of the summons and complaint to the company's warehouse floor manager at the wrong address does not count as serving the defendant.

  • July 08, 2026

    9th Circ. Revives Whirlpool Dishwasher Warranty Class Action

    The Ninth Circuit has revived a Washington retiree's lawsuit accusing Whirlpool Corp. and an insurer of deceptively marketing a service plan as providing repairs or replacements for her dishwasher when the fine print allowed them to instead buy the appliance at a depreciated price, leaving her without enough money to replace it.

  • July 08, 2026

    Citadel Securities Drops Portofino Suit To Chase UK Judgment

    Citadel Securities has dropped its New York trade secrets lawsuit targeting a Swiss cryptocurrency trading firm launched by two ex-employees in order to focus on enforcing a roughly £6 million ($8 million) judgment it's already won in the dispute, according to documents filed Wednesday.

  • July 08, 2026

    Amazon Ordered To Give FTC Docs It Claimed Were Privileged

    A Washington federal judge ordered Amazon to give the Federal Trade Commission several documents sought in the agency's antitrust case and said a "re-review" of the online retailer's discovery is needed to ensure the company "does not continue to withhold documents based on an improper application of the attorney-client privilege."

  • July 08, 2026

    McCarter Trial Judge Has 'Serious Doubts' About NY Expert

    The Hartford judge presiding over a $22.5 million lawsuit against McCarter & English LLP and a former partner said Wednesday he had "serious doubts" about allowing testimony from a defense expert, but let him proceed as long as he did not claim to interpret New York law.

  • July 08, 2026

    NC Biz Court Told Insurers Owe Coverage To E-Commerce Co.

    Insurers under Nationwide and Lloyd's of London are facing a suit in the North Carolina Business Court from a digital marketing company alleging the insurers owe it for costs it incurred defending itself from claims it invaded users' privacy.

  • July 08, 2026

    Archer Looks To Toss Remainder Of Joby's Trade Secret Suit

    Archer Aviation has asked a California federal judge to throw out what's left of rival electric air taxi-maker Joby Aviation's trade secret suit, saying Joby had ignored the court's instructions to proceed with narrowed claims and instead tried to expand its allegations without adding more substance.

  • July 08, 2026

    NC Realty Co. And Mortgage Lender Must Face Kickback Suit

    A realty company and a mortgage lender accused of running an unlawful kickback scheme couldn't secure a pretrial win after a North Carolina federal judge found a homebuyer alleged enough to confer standing under federal consumer protection law.

  • July 08, 2026

    FTC Can't Get Zillow-Redfin Deal Held Illegal Before Trial

    A Virginia federal judge refused in a bench ruling Wednesday to limit Zillow and Redfin's ability to defend a rental listings syndication deal the Federal Trade Commission says was a $100 million payoff for Redfin to exit the market, teeing up "multiple" factual disputes for trial next month.

Expert Analysis

  • IP Ownership Risk Grows In Booming Cancer Drug Market

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    The ownership of intellectual property has become strategically decisive in deals involving valuable cancer therapeutics known as ADCs, as highlighted by the recent Takeda-Innovent deal, with the commercial value of a license resting on the integrity and defensibility of the underlying technology, say attorneys at Loeb & Loeb.

  • Series

    My Miniature Livestock Farm Makes Me A Better Lawyer

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    Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.

  • Litigation Funding Could Create Ethics Issues For Attorneys

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    A litigation investor’s recent complaint claiming a New York mass torts lawyer effectively ran a Ponzi scheme illustrates how litigation funding arrangements can subject attorneys to legal ethics dilemmas and potential liability, so engagement letters must have very clear terms, says Matthew Feinberg at Goldberg Segalla.

  • Power Market Reforms Push Data Center Lease Rates Higher

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    Rising demand, constrained supply and ongoing reforms, amid a rush for reliable, near-term computing capacity, are putting pressure on data center leasing renewal rates in large markets such as the Electric Reliability Council of Texas and PJM Interconnection Inc., say attorneys at Weil.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings and identifies practice tips from cases involving claims related to oil and gas royalty payments, consumer fraud, life insurance, automobile insurance, and securities violations.

  • E-Discovery Quarterly: Recent Rulings On Dynamic Databases

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    Several recent federal court decisions illustrate how parties continue to grapple with the discovery of data in dynamic databases, so counsel involved in these disputes must consider how structured data should be produced consistent with the requirements of the Federal Rules of Civil Procedure, say attorneys at Sidley.

  • Series

    Building With Lego Makes Me A Better Lawyer

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    Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.

  • Series

    Law School's Missed Lessons: Networking 101

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    Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.

  • Defeating Estoppel-Based Claims In Legal Malpractice Actions

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    State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.

  • Series

    The Biz Court Digest: How It Works In Massachusetts

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    Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.

  • Why Appellees Should Write Their Answering Brief First

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    Though counterintuitive, appellees should consider writing their answering briefs before they’ve ever seen their opponent’s opening brief, as this practice confers numerous benefits related to argument structure, time pressures and workflow, says Joshua Sohn at the U.S. Department of Justice.

  • Notable Q3 Updates In Insurance Class Actions

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    The third quarter of 2025 was another eventful quarter for total loss valuation class actions, with a new circuit split developing courtesy of the Sixth Circuit, while insurers continued to see negative results in cost-of-insurance class actions, says Kevin Zimmerman at BakerHostetler.

  • Series

    Mindfulness Meditation Makes Me A Better Lawyer

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    Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.

  • How Calif. High Court Is Rethinking Forum Selection Clauses

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    Two recent cases before the California Supreme Court show that the state is shifting toward greater enforcement of freely negotiated forum selection clauses between sophisticated parties, so litigators need to revisit old assumptions about the breadth of California's public policy exception, says Josh Patashnik at Perkins Coie.

  • AI Litigation Tools Can Enhance Case Assessment, Strategy

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    Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.

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