Commercial Contracts

  • October 08, 2025

    Pioneer Used Winter Storm To Dodge Obligations, Court Told

    Pioneer Natural Resources USA Inc. failed to meet its end of a natural gas sale contract and cannot use Winter Storm Uri to dodge its obligations, an energy trading company told a Texas federal court during closing statements on Wednesday.

  • October 08, 2025

    Teen Owes $50K In Video Game Hacking Case

    A Canadian teenager who was accused of hacking the online video game Rec Room, harassing other users and thwarting bans has agreed to stay off the game and pay $50,000 to end a civil suit in Washington federal court brought by the game's developers.

  • October 08, 2025

    Fox Wins $5.8M Judgment In Mexican Media Co. IP Dispute

    A New York federal judge on Wednesday awarded Fox Corp. $5.8 million from the leader of a Mexican media company as part of a lawsuit alleging that Fox's trademarks were wrongly being used in the country.

  • October 08, 2025

    Discord Sued After User Info Leaked In Breach Of Vendor

    Communications platform maker Discord Inc. was hit with a proposed class action in California federal court Tuesday after one of its third-party customer support partners suffered a data breach that allowed unauthorized parties to access personal information belonging to Discord's users. 

  • October 08, 2025

    NASCAR Antitrust Case Judge Agrees To Settlement Talks

    A North Carolina federal judge is asking NASCAR and two of its teams to appear in his courtroom with their chosen mediator after the private stock car racing company requested a judicial settlement conference to try to resolve their antitrust fight ahead of trial.

  • October 08, 2025

    DOJ Asks For Stay In PVC Antitrust Case Amid Criminal Probe

    The U.S. Department of Justice is asking an Illinois federal court to pause discovery in a case accusing polyvinyl chloride pipe manufacturers of using a commodity pricing service to exchange information and fix prices while a grand jury investigates the alleged activity.

  • October 07, 2025

    Aetna COVID-19 Test Provider Sues Insurer For 'Unpaid' $53M

    A Nebraska company that provided COVID-19 testing for Aetna has filed suit in California federal court, alleging that the insurer owes it more than $53 million for testing services but has refused to pay up.

  • October 07, 2025

    5th Circ. Queries If ChampionX Covered In $40M Oil Spill Suit

    A Fifth Circuit panel Tuesday pressed ChampionX Corp. to explain how it can pursue a lawsuit in Texas seeking to make multiple insurers pay for its defense in a $40 million oil spill lawsuit if the underlying policies don't name it.

  • October 07, 2025

    Ex-Prisoners Push Back On Bid To Decertify Debit Card Class

    Former prisoners accusing Central Bank of Kansas City of charging excessive fees on prepaid debit cards have pushed back on the bank's effort to undo their certified class, arguing they were subject to a "uniform pattern of conduct" that forced them to accept the cards.

  • October 07, 2025

    11th Circ. Rules Atty Privacy Invasion Suit Can't Be Arbitrated

    The Eleventh Circuit on Tuesday denied two Florida attorneys' request for the out-of-court resolution of a lawsuit brought by former clients alleging their private legal information was disclosed in public court dockets, ruling that the claims against the lawyers aren't covered by a retainer agreement's arbitration clause.

  • October 07, 2025

    Chamber Asks 9th Circ. For Clarity In Trade Secrets Cases

    The U.S. Chamber of Commerce backed Boeing's bid for the Ninth Circuit to reconsider a panel's decision to reinstate a $72 million jury verdict against the company, saying the panel's "swift treatment" of such a complex issue threatens creating confusion.

  • October 07, 2025

    Fed. Circ. Ponders Document Sealing In EDTX's Patent Cases

    A Federal Circuit panel grappled Tuesday with document sealing practices in patent cases in the Eastern District of Texas, appearing at points skeptical about a digital rights nonprofit's efforts to unseal records in since-concluded litigation involving Charter Communications Inc.

  • October 07, 2025

    Prospect Medical Fights $1M Software Fee Claims In Ch. 11

    Prospect Medical Holdings Inc. says the pending Chapter 11 proceedings for its hospitals in California and Connecticut should keep two technology companies from demanding more than $1 million in payment for disputed software and IT contracts, according to Prospect's filings with a Texas bankruptcy court on Monday.

  • October 07, 2025

    No Coverage For Smoke Shop Over Fatal Crash, Insurer Says

    A smoke shop's insurer told a North Carolina state appeals court the shop shouldn't receive coverage for a lawsuit alleging it's liable for a fatal auto collision because it sold nitrous oxide products to the at-fault driver, arguing its policy covered bodily injury only on the shop's premises.

  • October 07, 2025

    4 Oral Argument Sessions Benefits Attys Should Watch In Oct.

    The Second Circuit will hear from Teamsters looking to revive a proposed class action alleging mismanagement of a multiemployer pension plan, while Alcoa will ask the Seventh Circuit to overturn a ruling requiring the aluminum maker to cover union retirees' healthcare for life. Here, Law360 looks at four arguments that benefits attorneys should have on their radar this month.

  • October 07, 2025

    Bank's Ex-Compliance Chief Sues Over 'Bad Faith' Termination

    A Florida community bank has been sued in New Jersey federal court by its former chief risk and compliance officer, who claims that he was fired without cause just months after signing a three-year contract with the bank at a $250,000 annual salary.

  • October 07, 2025

    Biote Sues In Del. To Block Founder Indemnification Suit

    Hormone replacement therapy venture biote Corp. and two affiliates on Tuesday asked the Delaware Court of Chancery for an injunction barring founder Dr. Gary S. Donovitz from pursuing a Texas suit cross-claim seeking indemnification for any liability predating an April 2024 settlement agreement, alleging that earlier deal terms prohibited such claims.

  • October 07, 2025

    9th Circ. Tosses Sporting Goods Co. Suit Against Ex-Landlord

    The Ninth Circuit on Tuesday backed the dismissal of a sporting goods retailer's suit against its former landlord, which was accused of wrongfully charging the retailer with monthly fee invoices even after the retailer left the location it was renting due to the COVID-19 pandemic.

  • October 07, 2025

    Cruise Cos. Say Tax Injunction Act Doesn't Bar Hawaii Suit

    A group of cruise companies should be allowed to proceed with their complaint against the state of Hawaii for an extension of a transient occupancy tax to cruise passengers, the companies told a federal district court, saying the Tax Injunction Act doesn't bar the complaint.

  • October 07, 2025

    NASCAR Seeks Judge-Led Settlement Talks In Antitrust Row

    Just eight weeks before a highly publicized antitrust battle between NASCAR and two of its teams heads to trial, the private stock car racing company asked a North Carolina federal court for a judicial settlement conference, noting the parties have "exhausted" alternative options.

  • October 07, 2025

    DOJ Backs Patent Rights In Disney's Streaming Antitrust Case

    The U.S. Department of Justice urged a Delaware federal court to ensure wireless technology company InterDigital's patent rights are protected when it assesses Disney's antitrust case accusing the company of monopolizing video streaming technology.

  • October 07, 2025

    Reinsurer Resists Arbitration In $7M Letter Of Credit Fight

    A Qatari insurance conglomerate's reinsurance unit told a North Carolina federal court that its dispute with a domestic insurer over the insurer's roughly $7 million letter of credit drawdown shouldn't go to arbitration, arguing that a contract the insurer relies on is "wholly unrelated" to the letter of credit.

  • October 07, 2025

    NJ Justices Won't Disturb Locke Lord Win In Oil Co.'s Suit

    The New Jersey Supreme Court has declined to review a lower appellate court decision handing a victory to Locke Lord LLP over malpractice claims from an oil processing company on the grounds that the firm does not have a significant connection to New Jersey and cannot be sued in the state's courts.

  • October 07, 2025

    Online Test Proctor Fights Suit Over California Bar Exam

    ProctorU Inc., which does business as Meazure Learning, asked a federal judge to toss a potential class action from three Californians who accuse the company of administering a glitch-ridden state bar exam that they were unable to complete as planned, arguing that it made no direct promises or sales to the test-takers, and isn't covered by the cited consumer protection laws.

  • October 07, 2025

    Title Insurer Fights Mortgage Lender's Fraud Claim

    A title insurer has no duty to pay a mortgage lender's claim over a $510,000 loan a borrower alleged was fraudulent, it told a North Carolina federal court, saying its closing protection letter explicitly excludes coverage for third-party fraud and that no policy was ever issued.

Expert Analysis

  • How Bankruptcy Law Caps Landlords' Rejected Lease Claims

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    With corporate bankruptcy filings for the first half of the year at a 15-year high, landlords should be prepared for commercial tenants to use the bankruptcy process to reject unwanted leases in order to lessen corporate footprints and improve liquidity, say attorneys at Mintz.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • How To Address Tariff-Related Risks In Commercial Contracts

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    Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • A New IP Game Plan For College Football Players

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    For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.

  • 11th Circ. Ruling Shows Federal Question Jurisdiction Limits

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    The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • Opinion

    The Fallout Of Drake's Defamation Suit Against UMG

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    Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • 2 Appellate Rulings Offer Clickwrap Enforcement Road Map

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    Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.

  • SDNY Ruling Reinforces Joint Steering Committee Obligations

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    The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

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