Commercial Contracts

  • May 15, 2025

    LG Cheats Buyers By Starting Warranties Early, Suit Says

    LG Electronics is cheating consumers and breaking California's consumer warranty law by starting warranty periods at the dates consumers buy the appliance company's products and not when products are delivered, two California residents alleged in a putative class action filed Wednesday.

  • May 15, 2025

    Wayfair IT Contract Claims Must Be Arbitrated, Court Hears

    An information technology firm has told a Texas federal judge that another IT provider must arbitrate its fraud suit against the firm stemming from their contract to provide software and hiring services to online retailer Wayfair LLC.

  • May 15, 2025

    NC Judge Warns Of Airing 'Dirty Laundry' In Doctors' Pay Clash

    A North Carolina business court judge on Thursday told a group of anesthesiologists and their business partners to seriously consider mediating a dispute over compensation, cautioning that if they choose to litigate, they should "be prepared for their dirty laundry to be aired for everyone to see."

  • May 15, 2025

    Polar Air Vendor Gets 2 Years For $32M Kickback Scheme

    The owner of a California aviation company was sentenced Thursday in New York federal court to two years in prison for paying Polar Air Cargo executives $4.4 million in kickbacks in exchange for lucrative contracts, as part of a $32 million scheme to enrich the cargo airline's C-suite and others, at the company's expense.

  • May 15, 2025

    DC's Amazon Antitrust Trial To Be Bumped Deeper Into 2027

    The District of Columbia's antitrust suit accusing Amazon of not allowing sellers to offer their products for less on other platforms will probably not make it to trial until closer to mid-2027, after the parties told a D.C. judge Thursday that the original January 2027 trial date would have to be moved back.

  • May 15, 2025

    Novo's Real Target In Doc Bid Is $800M Arbitration, Co. Says

    A Singaporean pharmaceutical company is urging a North Carolina federal court to nix its order permitting Novo Nordisk AS to seek information bolstering its fraud claims stemming from an $800 million hypertension drug deal, saying the Danish drugmaker is improperly looking to prop up an ongoing arbitration instead.

  • May 15, 2025

    Lennar Workers Should Arbitrate 401(k) Suit, Judge Says

    Current and former Lennar Corp. employees should have to individually arbitrate a proposed class action claiming the construction company loaded its 401(k) plan with excessive fees and lackluster investment options, a Florida federal magistrate judge recommended, finding the plan's arbitration provision doesn't conflict with federal benefits law.

  • May 15, 2025

    Kroger Worker Fights NLRA Preemption Of State Claim

    A grocery worker suing Kroger and Albertsons over an alleged no-poach agreement is pushing back on the companies' claim the litigation is preempted by federal labor law, telling the Colorado federal judge hearing the case that antitrust laws have not been displaced by labor law, especially in labor market collusion.

  • May 15, 2025

    Plaintiff's 'Total Victory' Forces End To Southwest Bias Suit

    A Texas federal judge intends to issue a final judgment in a nonprofit's suit challenging an award program for Hispanic employees of Southwest Airlines Co., saying the "obstinate plaintiff" has already achieved total victory in the suit.

  • May 15, 2025

    Oil Producer Says Hess Corp. Stiffed It To The Tune Of $69M

    An Oklahoma-based independent oil producer claimed New York-based Hess Corp. spun a web of "self-dealing" agreements among its subsidiaries to charge inflated midstream service fees, telling a Texas federal court Hess drained it of up to $69 million in revenue it would have otherwise collected.

  • May 15, 2025

    Toshiba Unit Can't Get Bench Trial In Hydro Plant Dispute

    A Toshiba subsidiary lost a bid to have a breach-of-contract case related to an upgrade of a Michigan hydroelectric power plant tried by a judge instead of a jury, the court rejecting an attempt to invoke a parent company's waiver of its right to a jury trial.

  • May 15, 2025

    Walgreens Settles TM Suit With Founder's Great-Grandson

    Walgreen Co. has settled its trademark infringement suit against the great-grandson of the company's founder for his operation of Walgreen Health Solutions LLC, according to a filing Thursday in Illinois federal court.

  • May 15, 2025

    Fla. High Court Won't Rule On Condo Insurance Dispute

    The Florida Supreme Court on Thursday declined to wade into a dispute between a Miami condominium and its insurer over a claim for damage caused by Hurricane Irma, leaving in place an appellate ruling that the association provided sufficient notice to the insurer that it intended to add or reopen its damage claim.

  • May 15, 2025

    Ex-LA DA's Atty's AI Use 'Affirmatively Misled' Special Master

    The retired California federal judge serving as special master for former Los Angeles District Attorney Jackie Lacey's insurance coverage suit — stemming from her husband's holding a gun in their home's doorway in 2020 — has ordered litigation sanctions against Lacey's legal team, finding the lawyers submitted "bogus AI-generated research" that initially tricked the judge.

  • May 15, 2025

    Regeneron Wins $271.2M In Amgen Antitrust Suit

    A federal jury in Delaware put Amgen Inc. on the hook Thursday for at least $271.2 million in punitive damages arising from an alleged scheme that undercut Regeneron's price for its Praluent anti-cholesterol drug by bundling Amgen's competing, higher-priced Repatha with rebates for two expensive, blockbuster medications. 

  • May 14, 2025

    6th Circ. Won't Send Bitcoin Latinum Suit To Arbitration

    A Michigan federal judge was right to find that cryptocurrency firm Bitcoin Latinum can't send investor fraud claims to arbitration after waiting two years to seek that option, the Sixth Circuit has determined.

  • May 14, 2025

    CFPB Junks Plans For Data Broker, Contract Clause Rules

    The Consumer Financial Protection Bureau said Wednesday that it is mothballing several more Biden-era regulatory initiatives, calling off planned rules that would have, among other things, required data brokers to comply with credit reporting-style protections.

  • May 14, 2025

    Chicken Price-Fixing Atty Fees Challenged Again At 7th Circ.

    A class objector in Chicago's massive consolidated suit over broiler chicken price-fixing is again urging the Seventh Circuit to vacate an attorney fee award for class counsel in a $181 million deal for chicken buyers, saying the district court erred in calculating the $51.66 million awarded on remand.

  • May 14, 2025

    Insurer Ends Case Blaming Panda Express For Water Leak

    An insurance company on Wednesday dropped its case seeking more than $176,000 from Panda Express Inc. for damages allegedly caused when grease-filled pipes at one of the chain's restaurants backed up and leaked water into a clothing store covered by the insurer.

  • May 14, 2025

    Regeneron-Amgen Trial Goes To Jury With An Extra Day

    Federal jurors started deliberating on a Regeneron Pharmaceuticals Inc. antitrust suit late Wednesday accusing Amgen Inc. of tripping up Regeneron's anti-cholesterol drug insurance eligibility by illegally bundling Amgen's competing version with rebates for two unrelated drugs, with potential triple damages in the balance.

  • May 14, 2025

    Oilify Cleared Of Infringement In Oil Field Product Patent Suit

    A Texas federal court has granted a win to the designer and distributor of a device used to separate gas and solids from oil collection in a suit accusing them of infringing a trio of patents.

  • May 14, 2025

    Tripwire Moves To End Explosives Suit Over Licensing Issues

    Tripwire South, its affiliate Tripwire Aviation and executive Ryan Morris urged a Pennsylvania federal court to dismiss Bizzell Corp.'s fraud and contract claims, arguing Bizzell's failure to obtain proper government licenses made delivery of military-grade explosives legally impossible.

  • May 14, 2025

    Aetna, Cigna Can't Nix Suit Over Late Emergency Benefit Bills

    A Connecticut federal judge ruled Wednesday that Aetna and Cigna can't fully escape a suit from six air ambulance companies claiming the insurers owe $20 million in unpaid or late bills to cover emergency services, ruling they have the legal authority to seek the missing cash.

  • May 14, 2025

    2nd Circ. Has Tough Questions On Nixing Medical Imaging Award

    The Second Circuit appeared divided on Wednesday on whether parties to a medical imaging joint venture could agree to designate New York courts to decide whether to vacate an arbitral award issued in Switzerland under their contract without violating an underlying treaty.

  • May 14, 2025

    Titanium Distributor Seeks Enforcement Of $3.6M Award

    A North American distributor for one of the world's largest titanium manufacturers has petitioned a Colorado federal court to enforce a $3.6 million arbitral award it won against an Italian supplier on a breach of contract claim stemming from the Russian invasion of Ukraine.

Expert Analysis

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • What To Expect From Trump's Deputy Labor Secretary Pick

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    President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • Gas Contract Fight Holds Lessons On Force Majeure Clauses

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    Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.

  • Art Fraud Cases Highlight Importance Of Due Diligence

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    Recent high-profile art fraud cases provide a helpful reminder that a healthy skepticism can prevent prospective buyers from becoming victims, and that lawyers can take steps to help safeguard their clients, say attorneys at Arnold & Porter.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • A Deep Dive Into Singapore's New Int'l Arbitration Rules

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    The latest revisions to the Singapore International Arbitration Centre's rules, effective as of Jan. 1, contain numerous innovative and industry-leading updates, including new rules on coordinated and emergency procedures, and third-party funding, say attorneys at WilmerHale.

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • Trump Likely To Prioritize Trade, Customs Fraud Enforcement

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    With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.

  • Recent Suits Show Antitrust Agencies' Focus On HSR Review

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    The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • Private-Bidding Compliance Lessons From Siemens Plea Deal

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    Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.

  • FTC Report On AI Sector Illuminates Future Enforcement

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    The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.

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