Commercial Contracts

  • September 22, 2025

    Judge Blocks New Claims In BNY Mellon Self-Dealing Suit

    A pair of investors with the Bank of New York Mellon can't use an amended complaint to raise a relatively new theory of liability against the bank nearly five years after filing their original suit, a Pennsylvania federal judge ruled Monday.

  • September 22, 2025

    Freight Broker, Widow Tell 4th Circ. To Note Preempted Claims

    Echo Global Logistics Inc. and a widow suing the freight broker over a 2022 South Carolina trucking accident have called the Fourth Circuit's attention to recent appellate decisions that have further divided courts considering whether freight brokers can be held liable for allegedly negligently picking motor carriers.

  • September 22, 2025

    Contractor's Insurers Owe $7M For Bridal Shop Fire, Suit Says

    A bridal shop said a contractor's insurers must pay their combined $7 million policy limits toward a $38 million judgment in an underlying suit over a fire caused by the contractor's demolition work at another property, according to a complaint removed to New York federal court Monday.

  • September 22, 2025

    Judge Lets Suit Over Audible's Expiring Credits Move Forward

    A Washington federal judge has declined to toss a consumer's proposed class action against Audible Inc. over the expiration dates on membership "credits," saying such vouchers don't have to be backed by a specific cash value to be covered by the Evergreen State's gift card law.

  • September 22, 2025

    Fifth Third Can Keep $30M In Escrow Fight, Judge Rules

    A New York federal judge has sided with Fifth Third Bank in a $30 million escrow fight, finding its claim notice over alleged "platform fee" violations was timely and valid, in a ruling that will require the suing private equity seller to return $10 million that was already released.

  • September 22, 2025

    Judge Gets More Details On Proposed $1.5B Anthropic IP Deal

    Authors who have inked a proposed $1.5 billion deal to end their copyright class action against artificial intelligence developer Anthropic PBC are saying they have worked out all the issues a California federal judge pointed out when he initially declined to give the deal approval.

  • September 22, 2025

    5th Circ.'s 340B Ruling 'Limited,' Pharma Cos. Tell 4th Circ.

    The Fifth Circuit's recent refusal to block a Mississippi law regulating the delivery of discounted drugs to rural providers can't be wielded by West Virginia in its battle over the law's constitutionality because of the distinctions between the two state laws, a coalition of pharmaceutical companies told the Fourth Circuit.

  • September 22, 2025

    Ga. College Can't Slip $240K Loss For Athletic Conference Exit

    A rural Georgia college will be forced to pay $240,000 in damages to the athletic conference it left several years ago after the Georgia Court of Appeals backed the conference Monday in a dispute over whether their contract's fee provision was enforceable.

  • September 22, 2025

    Experian Asks 4th Circ. To Reverse Arb. Ruling In FCRA Suit

    Consumer reporting agency Experian has asked the Fourth Circuit to overturn a lower court's decision concerning the arbitration of a lawsuit brought by a consumer falsely reported as dead, saying the judge was wrong not to enforce clauses in the consumer's agreement that delegated such decisions to an arbitrator.

  • September 22, 2025

    Amex Can't Push 'Illusory' Arbitration Over 'Anti-Steering' Rule

    A putative class of businesses does not have to arbitrate claims that American Express violated antitrust laws by effectively preventing merchants that accept credit cards from incentivizing customers to use lower-fee cards, after a Massachusetts federal court ruled it will not "close its eyes" to the "illusory" arbitration agreement.

  • September 22, 2025

    Social Media Co. Calls For Disqualification Of Influencer's Atty

    A social media optimization company has moved to disqualify a social media influencer's attorney from a copyright infringement suit in Texas federal court, saying attorneys from the same firm had previously met with the company in meetings where confidential information was discussed.

  • September 19, 2025

    Judge Won't Enforce Injunction Against Pot Co. Shareholder

    A Colorado state judge denied a Canadian cannabis company's request for a preliminary injunction against an investor Friday, finding that the injunction request was too broad, and many of the requests needed to be litigated elsewhere.

  • September 19, 2025

    Film Co. Founders Accused Of $1.2M Con For Fake Pot Co.

    A Los Angeles film company and its founders are accused of fraudulently taking $1.2 million from a private equity fund, spending it on luxury properties, artwork and their existing ventures, but never putting a dime of the loan on its intended purpose, launching a "booming cannabis empire," according to a lawsuit filed in California state court.

  • September 19, 2025

    Call For Gov't Cut Of University Patent Cash Spurs Concern

    Commerce Secretary Howard Lutnick's comments that the government should get as much as half of the revenue that universities generate from patents developed with federal funding have caused worry among industry groups and attorneys, who say it would inhibit efforts to commercialize publicly funded inventions.

  • September 19, 2025

    PTAB Invalidates Johns Hopkins Patent In Keytruda Fight

    The Patent Trial and Appeal Board has invalidated an anti-cancer therapy patent owned by Johns Hopkins University, handing a win to challenger Merck Sharp & Dohme LLC in a larger fight relating to Merck's Keytruda treatment.

  • September 19, 2025

    DC Judge Cuts Proud Boys Atty's Bill To Researcher

    A D.C. federal judge reduced the amount an attorney who represented Proud Boys members in their Jan. 6 criminal trial owes to a researcher who sued him over unpaid work, dropping a jury's award of $77,000 to just $30,000.

  • September 19, 2025

    Surgery Center Wins Contract Fight With Spine Doc

    A Colorado federal jury Thursday sided with Arete Surgical Centers LLC in a contract fight with a spine surgeon in which each party accused the other of violating a settlement agreement over an earlier dispute, awarding the center just over $300,000.

  • September 19, 2025

    Shareholders Urge Sanctions Over Telecom Tower Seizures

    Majority shareholders of a Latin American telecommunications tower operator should be sanctioned for ignoring a court order to hand over documents related to an action the company lodged in Guatemala, a group of minority shareholders have told a New York federal judge.

  • September 19, 2025

    India Can't Challenge Immunity Ruling In $111M Award Suit

    Canada's highest court has refused to review a Quebec appellate court's decision shutting down India's sovereign immunity defense in litigation to enforce a $111 million arbitral award to investors and shareholders in Devas Multimedia Services and reinstating a $37.5 million seizure order.

  • September 19, 2025

    Co. Tied To Lehman Ex-Restructuring Chief Faces Loan Suit

    A holding company linked to Lehman Brothers' post-2008 era restructuring professional defaulted on a commercial loan secured by a large office building and now owes a reinsurer about $19.5 million, according to a lawsuit brought in North Carolina's business court.

  • September 19, 2025

    NFL Warns Arb. Ruling Could Disrupt Sports Dispute Process

    The NFL has asked the Second Circuit for a rehearing on its finding that the league provides arbitration "in name only" because its process lacks neutrality, arguing that the decision will disrupt long-standing procedures across professional sports and undermine a league's authority to resolve disputes.

  • September 19, 2025

    11th Circ. Backs Insurer In Damaged Blood Plasma Suit

    The Eleventh Circuit backed an insurer's early win in a coverage dispute over $820,000 in blood plasma that was declared a total loss thanks to a shipping holdup, holding that the "plain language" of its policy clearly excluded claims for delays.

  • September 19, 2025

    Hagens Berman Seeks To Limit Sanctions For AI Mistakes

    A Hagens Berman Sobol Shapiro LLP partner should face only limited sanctions and the firm shouldn't be sanctioned at all over a contract attorney's use of artificial intelligence to generate legal briefs in a proposed class action against online platform OnlyFans since its attorneys did not act in bad faith, the firm told a California federal judge.

  • September 19, 2025

    Philly Pizzeria Owner Says Coup-Minded Partner Stole Dough

    The co-owner of a South Philadelphia pizzeria took dough from the joint enterprise's bank account and made plans to slice his partner out of the venture, according to a Pennsylvania state court complaint.

  • September 19, 2025

    Off The Bench: Briefings On Trans Ban, New Kalshi Conflicts

    In this week's Off The Bench, the U.S. Supreme Court receives initial briefs from West Virginia and Idaho regarding their bans on gender identity-based participation in school sports, Kalshi is taken to court by another state over its event contract offerings, and Washington, D.C.'s National Football League team takes a major step toward returning to its namesake city.

Expert Analysis

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • 4th Circ. Health Data Ruling Opens Door To State Law Claims

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    In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • 5 Key Licensing Considerations For AI Innovations

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    As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • How The CRE Industry Is Adapting To Tariff Uncertainty

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    Amid uncertainty about pending tariffs and their potential ripple effects, including higher material costs, supply chain delays and tighter margins, commercial real estate industry players are focusing on strategic planning and risk mitigation, says Daniel Diaz Leyva at Day Pitney.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • How Attorneys Can Master The Art Of On-Camera Presence

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    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.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    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.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    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.

  • Perfecting Security Interests In Renewable Energy Tax Credits

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    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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