Commercial Contracts

  • December 12, 2025

    Duke Energy Pushes Back On DOJ's View Of 'Monopoly Broth'

    Duke Energy told the U.S. Supreme Court the government is backing a rival's antitrust claims accusing the power giant of squeezing it out of the North Carolina market simply to help enforcers' own cases accusing Big Tech companies of using a "monopoly broth" to thwart competition.

  • December 12, 2025

    Wrong Metric Created $2 Valuation, Chancery Suit Says

    A former equity holder in a nutrition services business has sued in Delaware Chancery Court seeking to unwind what it calls a sham $2 repurchase of its ownership interest and to force payment of a separate $2 million deferred purchase price, arguing that the business disregarded contractually mandated valuation mechanics to engineer a zero-value outcome.

  • December 12, 2025

    NC Justices Won't Let Tech Parent Co. Exit Fraud Case

    North Carolina's highest court refused Friday to free the parent company of a security technology business and one of its executives from a lawsuit alleging they conspired to devalue the majority member's stake and funnel assets out of reach.

  • December 12, 2025

    Chancery Issues Rare Redemption Order In Congo Dispute

    A rare Court of Chancery battle over control of a sprawling palm oil plantation enterprise along Africa's Congo River has produced an equally rare court order for "redemptions in kind," or an unwinding and separation from an investor who led what the court described as a multi-faceted enterprise "coup."

  • December 12, 2025

    Judge Orders Fastener Co. To Pay $17K For Misleading Ads

    A Philadelphia federal judge permanently barred industrial fastener company Peninsula Components Inc. from using a competitor's trademark "PEM" product name in its online ads, and ordered it to pay $17,866 in damages.

  • December 12, 2025

    U.S. Steel Can Arbitrate $22M Canadian Contract Spat

    Canadian steelmaker Algoma Steel Inc. must arbitrate its bid to break off its contract for buying iron ore from U.S. Steel Corp., since the contract contains a clause bringing all disputes to an arbitrator in Pittsburgh, a federal judge ruled Friday.

  • December 12, 2025

    Caterpillar Dealer Ex-Worker Files 401(k) Fee Suit In Fla.

    An ex-worker for a dealer of Caterpillar construction equipment in Florida hit his former employer with a proposed class action in federal court alleging his employee 401(k) plan paid excessive fees, breaching fiduciary duties under federal benefits law.

  • December 12, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Shell hit with a climate change claim from 100 survivors of a typhoon in the Philippines, London Stock Exchange-listed Oxford Nanopore bring legal action against its co-founder, and the editors of Pink News sue the BBC for defamation following its investigation into alleged sexual misconduct at the news site.

  • December 11, 2025

    Fla. Judge OKs Ch. 11 Plan For $1.7B Miami High-Rise Plot

    A Florida bankruptcy judge has confirmed the Chapter 11 plan for the owners of a prized piece of land proposed for a high-rise construction along the skyline of downtown Miami that could be worth more than $1 billion once redeveloped.

  • December 11, 2025

    NJ Judge Won't Lift Bid Deadline On Tunnel Rail Project

    A New Jersey federal judge said Thursday she won't lift a deadline to bid on a railway-construction project associated with building a new tunnel to New York City, saying a New Jersey construction company isn't likely to win its challenge to a project labor agreement tied to the venture.

  • December 11, 2025

    Texas Business Group CEO Resigns After Sexual Assault Suit

    The CEO of Texas' largest business association has stepped down after a woman who founded a business advocacy group said he attempted to coerce her into a sexual relationship and then assaulted her when she rejected his advances. 

  • December 11, 2025

    Disney Cuts $1B OpenAI Licensing Deal Amid Google IP Clash

    The Walt Disney Co. has cut a $1 billion investment deal with OpenAI to become OpenAI's first major content licensing partner on its generative AI video-platform Sora, the companies announced Thursday, a day after Disney sent Google a cease-and-desist letter accusing Google's AI tools of "massive infringement."

  • December 11, 2025

    Suit Over DraftKings' Voided Bets Advances With Class Cert.

    An Indiana federal judge has certified a class of 99 bettors who were denied payouts when DraftKings canceled their successful wagers on an NBA game, pushing forward a suit over the online betting giant's administration of its house rules.

  • December 11, 2025

    Josh Cellars President Denied Early Win In $4M Royalty Feud

    The former president of the company that produces Josh Cellars wines has been denied an early win in a $4 million trademark royalties lawsuit because a judge said she cannot resolve whether the parties orally amended an LLC agreement or whether a clause requiring written alterations is controlling.

  • December 11, 2025

    NJ Cannabis Co. Challenges Law Requiring Deal With Unions

    A cannabis company is urging a New Jersey federal court to pause an upcoming arbitration proceeding with a United Food and Commercial Workers local over its firing of several employees, claiming that it had been coerced into entering an agreement with the union by an unconstitutional state law.

  • December 11, 2025

    Offshore Lease Sales Net $279M With Chevron, BP, Shell Bids

    The Trump administration wrapped up the first in a series of offshore oil and gas lease sales in the Gulf of Mexico under a July tax cut and spending bill, with Chevron, BP and Shell joining in the bidding process.

  • December 11, 2025

    Willkie Hires 2nd Jones Day Partner In 2 Weeks In DC

    Another member of the Jones Day litigation team who represented Boeing in its contract suit over production issues for fighter jet parts has joined Willkie Farr & Gallagher LLP's Washington, D.C., office as a partner, making him the second in as many weeks to make the move.

  • December 11, 2025

    FTC, Amazon Want To Delay Antitrust Trial By 7 Weeks

    As they try to get back on track after the government shutdown, the Federal Trade Commission and Amazon asked a Washington federal judge Wednesday to push back the start of the antitrust trial accusing the online retail giant of creating an artificial pricing floor.

  • December 11, 2025

    NASCAR Inks Midtrial Antitrust Deal With Teams

    NASCAR has agreed to give its race teams permanent contracts as part of an otherwise confidential settlement that cut short a high-profile antitrust trial in which two teams — including one owned by retired NBA star Michael Jordan — accused it of illegally maintaining a monopoly on premier stock car racing.

  • December 10, 2025

    Hyundai Attacks Judge's 'Disdain For Arbitration' At 9th Circ.

    Hyundai urged the Ninth Circuit Wednesday to revive its bid to arbitrate litigation over an alleged defect in its Palisade SUVs, saying that a district court judge erred by rejecting an arbitration agreement within a contract for complimentary "connected" services and arguing that the order "drips with disdain for arbitration."

  • December 10, 2025

    Feds Drop 2 FIFA Bribery Cases Despite Appellate Win

    Brooklyn federal prosecutors are dropping criminal cases against a former 21st Century Fox executive and an Argentine sports marketing company in the long-running FIFA corruption probe, just months after successfully appealing the dismissal of their honest-services fraud conspiracy convictions.

  • December 10, 2025

    Boardwalk Pipeline Case Sees Partial Reversal

    The Delaware Supreme Court on Wednesday partially revived long-running challenges to Loews Corp.'s 2018, $1.5 billion cash-out of Boardwalk Pipeline Partners LP, ruling that the Chancery Court misread the high court's 2022 guidance and prematurely shut down minority unitholder claims attacking the legal opinion that triggered the buyout.

  • December 10, 2025

    Ukrainian Civilians Say Intel, TI Parts Used In Russian Missiles

    Several Ukrainian civilians told a Texas state court that semiconductor components manufactured by Intel Corp., Texas Instruments Inc. and others ended up in Russian missiles, saying Wednesday the companies negligently allowed their products to flow to the Russian military.

  • December 10, 2025

    Ex-Software CEO Asks Delaware Justices To Revive $20M Claim

    The former CEO of a software company asked a Delaware Supreme Court panel on Wednesday to revive his $20 million claim against London investment firm 3i Group PLC, arguing that a lower court misread Texas venue rulings and Delaware's tolling law.

  • December 10, 2025

    4th Circ. Hints $166M Fight​​​​​​​ Could Create Circuit Split

    In questioning counsel for an insolvent Dutch insurance company trying to confirm a $166 million arbitral award against convicted insurance mogul Greg Lindberg, two Fourth Circuit judges quipped the insurer likely wants to avoid a circuit split over interpreting the Federal Arbitration Act and keep the case out of the U.S. Supreme Court.

Expert Analysis

  • With Obligor Ruling, Ohio Justices Calm Lending Waters

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    A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

  • The Crucial Question Left Unanswered In EpicentRx Decision

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    The California Supreme Court recently issued its long-awaited decision in EpicentRx Inc. v. Superior Court, resolving a dispute regarding the enforceability of forum selection clauses, but the question remains whether private companies can trust that courts will continue to consistently enforce forum selection clauses in corporate charters, says John Yow at Yow PC.

  • Why EpicentRx Ruling Is A Major Win For Business Certainty

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    The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Lessons From Liberty Mutual FCPA Declination

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    Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • FTC Focus: When Green Goals And Antitrust Law Collide

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    A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.

  • 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.

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