Commercial Contracts

  • November 18, 2025

    Merck Wins Final PTAB Fight Against Johns Hopkins

    The Patent Trial and Appeal Board invalidated a cancer treatment patent owned by Johns Hopkins University, marking a full victory on the nine challenges Merck Sharp & Dohme LLC initiated against the university's patents. 

  • November 18, 2025

    Pa. Justice Spots 'Slippery Slope' In Trafficking Coverage Row

    Justices on Pennsylvania's Supreme Court seemed wary Tuesday of creating a "slippery slope" where alleged violations of criminal law could be used by insurers to deny coverage under a "public policy exception," scrutinizing a suit in which insurers wanted out of defending a Philadelphia hotel accused of ignoring sex trafficking.

  • November 18, 2025

    11th Circ. Won't Revive Oil Contract Suit Against Siemens

    The Eleventh Circuit has upheld the dismissal of a Saudi company's business interference complaint against Siemens Energy Inc. because Siemens, as the owner of the company's joint venture partner, was not a stranger to the agreement.

  • November 18, 2025

    Cognizant Accused Of Retaliation Over Ex-Worker's Claims

    A former employee of Cognizant Technology Solutions US Corp. claimed in Colorado state court Monday that the company retaliated against him for reporting a "make good" arrangement the company had with a client that he described as potentially illegal.

  • November 18, 2025

    Mass. Judge Axes Co.'s 'Second Bite' Dairy Trade Secrets Suit

    A Massachusetts federal judge has dismissed trade secret theft allegations brought by a dairy farm products company against two former business partners, saying an ongoing case between some of the same parties in Minnesota was too similar.

  • November 18, 2025

    4th Circ. Restores Trade Secrets Suit Against Insurance Execs

    The Fourth Circuit on Tuesday revived insurer Sherbrooke Corp.'s claims of trade secrets theft against three former executives, disagreeing with a district judge who found that the company had not made enough of an effort to guard the software in question.

  • November 18, 2025

    Disbarred NC Atty Must Pay $5.2M For Escrow Fund Misuse

    A disbarred attorney was ordered to pay $5.2 million in restitution and serve four years of probation during a Tuesday sentencing hearing in North Carolina federal court, after he pled guilty to a criminal wire fraud charge related to the misuse of escrow funds.

  • November 18, 2025

    Warner Bros. Appeals Village Roadshow's Ch. 11 Rights Sale

    Hollywood studio Warner Brothers asked a Delaware bankruptcy judge on Tuesday to pause the $18.5 million sale of its bankrupt former business partner Village Roadshow's derivative film rights while it challenges the deal.

  • November 18, 2025

    Chancery Rejects Mary Kay Founder's Fee Bid

    The Delaware Chancery Court has rejected the demand of Mary Kay Holding Corp.'s co-founder for corporate advancement of legal fees tied to a Texas trust battle with his son, concluding that the billion-dollar dispute stems from personal trust-administration issues, not the executive's service as a company director.

  • November 18, 2025

    NJ Panel Backs Arbitrator's Ruling In Parking Spaces Spat

    A New Jersey appellate court affirmed an arbitrator's decision that determined that two developers had to permanently maintain parking spaces for an Edgewater, New Jersey, mixed-use complex, ruling that the arbitrator for the related dispute didn't overstep their authority.

  • November 18, 2025

    Insurer Needn't Cover LA Zoo Org. In City Contract Dispute

    An insurer doesn't owe coverage to the Los Angeles Zoo's nonprofit arm in a contractual dispute brought by the city, a California federal court has ruled, finding that all claims are excluded under the association's nonprofit asset protection policy.

  • November 17, 2025

    Sunoco Gets $75M Knocked Off $180M Oil Royalty Ruling

    The Tenth Circuit on Monday partially upheld a nearly $180 million judgment against Sunoco Inc. for withholding late interest payments on oil royalties to Oklahoma landowners, leaving in place a $103.9 million compensatory damages award for the landowners but striking $75 million in punitive damages.

  • November 17, 2025

    X Asks 9th Circ. To Let It Litigate Media Matters Suit In Ireland

    X Corp. urged the Ninth Circuit on Monday to scrap an injunction blocking it from continuing to litigate its Irish-law defamation case against Media Matters in Ireland, arguing that the left-leaning watchdog waited too long to invoke a California forum-selection clause in X Corp.'s terms of service.

  • November 17, 2025

    Shell Asks NY Court To Approve Challenge Of LNG Arbitration

    Oil and gas giant Shell is urging a New York state court to vacate an international arbitration award issued to a liquefied natural gas firm, saying the arbitral hearing revealed that the American producer and exporter withheld key documents in the parties' fight over LNG cargo shipments.

  • November 17, 2025

    Chase Gets 2nd Shot At Pushing Bias Suit To Arbitration

    JPMorgan Chase Bank NA will have another chance to force a family's racial discrimination lawsuit into arbitration, a Seattle federal judge has ruled, modifying her earlier order that rejected the bank's arbitration effort.

  • November 17, 2025

    UConn Health Poised To Buy Hospital In $35M Ch. 11 Deal

    Bankrupt for-profit hospital operator Prospect Medical Holdings Inc. on Monday sought approval for the $35 million sale of Waterbury Hospital in Connecticut to two UConn Health units under a stalking horse bid package filed in early November.

  • November 17, 2025

    SAP Proposes Fixes Amid EU Antitrust Probe

    German software giant SAP has offered a set of commitments to European enforcers who raised concerns over maintenance and support services for the company's business management software.

  • November 17, 2025

    Kansas City Bank Can't Nix Cert. Over Inmate Debit Card Fees

    A Washington federal judge has denied the Central Bank of Kansas City's bid to decertify a nationwide class in a suit accusing it of charging former jail inmates unfair fees on prepaid debit cards, billing the motion as "premature" on Friday while leaving room for the bank to raise the issue again later.

  • November 17, 2025

    American Airlines Beats Investor Suit Over Sales Strategy

    American Airlines has won dismissal of an investor suit that alleged it implemented a botched sales and distribution strategy, with the court finding the suit's reliance on vague statements of optimism and faulty confidential witness claims aren't enough to show the company acted fraudulently.

  • November 17, 2025

    'Astounding' Holland & Knight Conduct Drives Liability Ruling

    Holland & Knight LLP has forfeited a malpractice lawsuit in Alaska by refusing to turn over information to a Native American corporation, with a state judge entering a default judgment as a sanction and calling the firm's conduct "a head scratcher" and "astounding."

  • November 17, 2025

    Gibson Dunn Seeks Exit From Josh Cellars TM Royalties Case

    With a February trial date looming, Gibson Dunn & Crutcher LLP has asked a Connecticut state judge's permission to stop representing the former president of a company behind the popular "Josh Cellars" wine brand, claiming unpaid legal bills and an alleged breakdown of the attorney-client relationship require its withdrawal.

  • November 17, 2025

    NC Hospital Data Sharing Class Gets $2.45M Deal, $750K Fee

    A North Carolina Business Court judge gave final approval Monday to a $2.45 million class action settlement for almost half a million patients who accused a health system of sharing sensitive information with Meta Platforms Inc., with class counsel securing $750,000 in attorney fees.

  • November 17, 2025

    9th Circ. Strikes Down Trans Patients' Win In ACA Bias Case

    The Ninth Circuit upended a win Monday for patients who challenged Blue Cross Blue Shield of Illinois' administration of their employer-provided health plans containing gender-affirming care exclusions, ordering a lower court to reexamine the case in light of intervening authority from the U.S. Supreme Court.

  • November 17, 2025

    Senior Home Referral Site Must Face False Ad Claims

    A senior living placement site must face a false advertising suit filed by a Georgia assisted living home alleging the platform runs on a pay-to-play model, as a federal judge said he wasn't buying Caring.com's defense that its advertising was innocuous "puffery."

  • November 17, 2025

    Fla. Panel Says Co. Isn't 'De Facto Defendant,' Denies Fee Bid

    A Florida state appellate court has ruled that a construction company isn't a "de facto defendant" in an ancillary proceeding for a charging lien, denying the company's bid to recover attorney fees that it spent fighting the lien in a case that initially started as an insurance lawsuit.

Expert Analysis

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • A Look At Trump Admin's Shifting Strategies To Curtail CFPB

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    The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Google Damages Ruling Offers Lessons For Testifying Experts

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    The Federal Circuit's recent decision in EcoFactor v. Google represents a shift in how courts evaluate expert testimony in patent cases, offering a practical guide for how litigators and testifying experts can refine their work, says Adam Rhoten at Secretariat.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

  • Rocket Mortgage Appeal May Push Justices To Curb Classes

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    Should the U.S. Supreme Court agree to hear Alig v. Rocket Mortgage, the resulting decision could limit class sizes based on commonality under Rule 23 of the Federal Rules of Evidence as opposed to standing under Article III of the U.S. Constitution, say attorneys at Carr Maloney.

  • 3 Judicial Approaches To Applying Loper Bright, 1 Year Later

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    In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.

  • Employer Best Practices For Navigating Worker Separations

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    As job cuts hit several major industries, employers should take steps to minimize their exposure to discrimination claims, information leaks and enforcement challenges, such as maintaining sound documentation, strategic planning and legal coordination, says Mark Romance at Day Pitney.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.

  • Opinion

    IRS Should Work With Industry On Microcaptive Regs

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    The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

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