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Commercial Contracts
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December 01, 2025
Orchestra Denies Wrongdoing In Ticket Refund Class Action
The Philadelphia Orchestra and its venue, the Kimmel Center, have denied wrongdoing in response to class claims that they were liable for unpaid ticket refunds for canceled performances of a separate orchestra, the Philly Pops.
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December 01, 2025
Mich. Law Firm's Misrepresentation Voids Policy, Insurer Says
An insurer asked a Michigan federal court to rescind and void a law firm's professional liability policy, saying the firm failed to disclose a potential malpractice claim arising out of its representation of the owner of medical services companies in a racketeering lawsuit and related whistleblower action.
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December 01, 2025
4 Mass. Rulings You May Have Missed In November
A judge dismissed a flurry of proposed class actions alleging retailers flouted a Massachusetts law requiring that job applications include a notice of the state's ban on lie detectors, while a personal injury law firm couldn't escape a former associate's suit over its unilateral decision to eliminate commissions for cases he brought to the firm, among notable state court decisions in November.
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December 01, 2025
CCA Seeks OK For Deal With Bahamas Developer Owed $1.6B
Chinese state-owned firm CCA Inc. asked a New Jersey bankruptcy judge to approve a settlement with a Bahamian resort developer whose $1.6 billion court win sent CCA into Chapter 11.
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December 01, 2025
Whiteford Wins Remand Of Bankruptcy Fees Dispute
A dispute over nearly $600,000 in legal fees between Whiteford Taylor & Preston and a former client will be litigated at the state level after a Pennsylvania federal judge on Monday remanded the case to Allegheny County court.
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December 01, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court saw a slate of corporate law clashes this past week, from fast-moving injunction fights in consumer product and real estate markets to multibillion-dollar oversight claims against crypto executives and fresh battles over control for two sports teams.
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December 01, 2025
Loan Co. Can't Avoid Cannabis Co.'s Contract Breach Suit
A New Jersey federal judge won't let a lender escape a cannabis company's allegations that the lender falsely held it in default so it could seize almost $2 million, saying the complaint sufficiently alleged that the lender went back on enforceable promises.
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December 01, 2025
Paul Hastings Adds Winston & Strawn Litigation Duo In Dallas
Paul Hastings LLP announced Monday that it has brought on a pair of seasoned litigators in Dallas who came aboard from Winston & Strawn LLP.
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November 28, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the National Crime Agency target an Azerbaijan politician and a subsidiary of Withers over a disputed £50 million ($66 million) property portfolio, the eldest son of a British aristocratic family challenge the trustees of their multimillion-pound estate, and a sports lawyer suspected of dishonesty face action by the Solicitors Regulation Authority following his firm's closure.
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November 26, 2025
Bergdorf Goodman Exec Is Sued To Stop Move To Nordstrom
Saks Global has filed suit in Texas federal court seeking to stop a "high-visibility executive" who recently resigned from its Bergdorf Goodman subsidiary from joining Nordstrom Inc., accusing the former executive of breaching noncompete obligations and improperly retaining trade secrets she allegedly downloaded before resigning.
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November 26, 2025
Cyber Co. Says Mich. Atty's Recusal Bid Based On Speculation
A Michigan attorney's attempt to have a judge recuse from a payment dispute launched by a cybersecurity firm "is a waste of the court's time," the company has said, because her bid is based on speculation over the judge's work in a federal prosecutor's office.
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November 26, 2025
Fla. Energy Co. Hit With $5.3M Suit For Generator Sale
An Israeli company told a Florida state court that a Miami-based energy services company owes it a $5.3 million commission for the sale of a specialized generator, saying it found the buyer for the Miami company's sale.
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November 26, 2025
Title Co., Investor Must Split Blame In $13M Escrow Fraud Suit
A title company is partially liable for mishandling $13 million wired into escrow by an investor seeking a 50% ownership interest in a 17-hotel deal, a California federal judge ruled, finding that the title company owed the investor a duty of reasonable care.
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November 26, 2025
Golf Cart Battery Co. Urges Chancery To Block Rival's Sales
A Texas-based golf cart battery maker is asking the Delaware Chancery Court for an emergency order barring a distributor from selling newly acquired Bolt Energy USA batteries, arguing the move would violate a still-active noncompete period and irreparably damage the young lithium battery maker's reputation and customer base.
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November 26, 2025
Fire Alarm Co. Says Contractors Altered Camp Lejeune Plans
A fire alarm system design company has told a North Carolina federal court that a pair of government contractors working on Marine Corps Base Camp Lejeune altered building plans and removed copyright information without consent.
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November 26, 2025
Yale Wins Discovery Pause In Student's AI Cheating Suit
A Connecticut federal judge has agreed to pause discovery while she considers Yale University's request to dismiss a lawsuit brought by a student who was accused of using artificial intelligence to cheat on a final exam.
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November 26, 2025
Keesal Young Poaching Suit Against Stradley Ronon Trimmed
A California state judge cleared Keesal Young & Logan to pursue most of its lawsuit alleging Stradley Ronon Stevens & Young crossed the line when it recruited 10 former Keesal Young attorneys, finding that claims such as inducing breach of contract could move forward, in part, because of conversations among the attorneys.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Perfecting Security Interests In Renewable Energy Tax Credits
The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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The Central Issues Facing Fed. Circ. In Patent Damages Case
The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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The Revival Of Badie Arbitration Suits In Consumer Finance
Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Lessons Learned From SAS' Flight Through Chapter 11
Scandinavia's SAS is the first European airline to find its wings through the U.S. Chapter 11 process since COVID-19 rocked the aviation industry — and while the process involved some familiar steps, certain complex jurisdictional issues and non-U.S. stakeholders required the carrier to venture into uncharted airspace, says Emily Hong at Norton Rose.
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Bankruptcy Ruling Provides Guidance On 363 Asset Sales
HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.