Commercial Contracts

  • October 30, 2025

    McCarter & English Used Doctrine As 'Whipsaw,' Panel Hears

    A biotech company on Thursday urged a New Jersey appellate panel to revive its legal malpractice suit against McCarter & English LLP, arguing that the claims were distinct from the firm's own suit seeking unpaid fees.

  • October 30, 2025

    Insurer Aims To Trim Woman's $7.5M Crash Coverage Suit

    A food service distributor's auto insurer asked a Connecticut federal court to toss a woman's claim that it violated the state's unfair trade and insurance practices laws when handling an underlying crash dispute that resulted in a $7.5 million judgment.

  • October 30, 2025

    Mich. Justices Take Up Stellantis Supplier's Contract Dispute

    The Michigan Supreme Court has agreed to take up a Stellantis supplier's appeal of a decision forcing it to continue supplying the automaker with parts at a loss, giving the court a chance to resolve the enforceability of a common supply contract term.

  • October 30, 2025

    Universal Music Settles Copyright Claims With Udio

    Universal Music Group has settled copyright infringement claims it had brought along with several other large music labels in New York federal court against AI music creation startup Udio and said the two will collaborate to create a licensed AI music service.

  • October 30, 2025

    Tribal Business Owner Says Tariffs Violate 1855 Yakama Treaty

    A Yakama Indian tribe member is asking an Oregon federal court to block a series of tariffs issued by President Donald Trump, arguing that the orders violate a 19th century treaty that gives her the right to free trade.

  • October 30, 2025

    Ga. Panel Finds No 'Bad Faith' In Wells Fargo Trust Suit

    The Georgia Court of Appeals has reversed a trial court's finding that Wells Fargo Bank, as trustee, misinterpreted language in a trust established in a man's last will and testament and its order that numerous distributions be made to one of the trust beneficiaries.

  • October 29, 2025

    'Pitt' Producers Appeal Order Keeping 'ER' Suit Alive

    Warner Bros. Television appealed a California judge's order that declined to toss a suit from the widow of writer Michael Crichton alleging its HBO Max show "The Pitt" is a ripoff of his NBC show "ER," saying Tuesday the court was wrong not to kill the suit on free speech grounds.

  • October 29, 2025

    Conn. Med Spa Says Ex-Workers Poaching Clients, Employees

    Two former employees of a Connecticut medical spa violated their employment contract when they lured a co-worker to join them at a nearby competitor and began soliciting the spa's clients, a state court lawsuit alleges.

  • October 29, 2025

    Dallas Mavericks Sue To Eject Dallas Stars From Arena

    The NBA's Dallas Mavericks launched a suit in the Texas Business Court aimed at wresting control of the American Airlines Center away from the NHL's Dallas Stars, saying the Stars forfeited their right to co-lease the stadium when they moved their headquarters.

  • October 29, 2025

    Ga. Panel Partially Revives Solar Farm Property Dispute

    The Georgia Court of Appeals found a trial court should have let a jury decide whether two solar companies were obligated to pay $150,000 per year in fixed fees to the owners of 295 acres of property in Mitchell County that they planned to develop for solar energy production.

  • October 29, 2025

    Levi & Korsinsky To Lead Modivcare Securities Class Action

    Levi & Korsinsky LLP will lead a proposed class of investors accusing patient transportation company Modivcare Inc. of failing to disclose that its contract renegotiations with customers negatively affected its bottom line.

  • October 29, 2025

    9th Circ. Upholds Insurer's Win Over Retaining Wall Failure

    The Ninth Circuit upheld a Washington federal court's no-coverage decision over a contractor's $2.66 million settlement relating to faulty retaining walls it constructed, agreeing Wednesday that a "sudden and accidental" exception in an "impaired property" exclusion did not apply to reinstate coverage for one wall that had failed.

  • October 29, 2025

    OpenAI Co-Founder Dodges Musk Contempt Bid, For Now

    A California federal magistrate judge refused Wednesday to let Elon Musk tee up contempt proceedings against an OpenAI co-founder for limiting what he'd say in a court-ordered second deposition and imposing conditions on a key document in the California federal court lawsuit challenging the ChatGPT maker's transition to a for-profit structure.

  • October 29, 2025

    Licensing Co. Picks Up Xerox Patent Portfolio

    A unit of a Santa Clara, California-based patent monetization outfit said Wednesday it has boosted its intellectual property assets by acquiring thousands of patents across the globe from Xerox.

  • October 29, 2025

    Chicago Metra Says Union Pacific's $2.3M Fees Claim Is Invalid

    Chicago's commuter rail system Metra has asked an Illinois federal judge to toss Union Pacific's lawsuit alleging Metra owes more than $2.3 million for the use of three Union Pacific-owned lines amid an ongoing contract dispute, saying a federal rail regulator still needs to determine any owed compensation.

  • October 29, 2025

    Hertz Urges Del. Justices To Reverse $170M Insurance Ruling

    Hertz Corp. urged the Delaware Supreme Court Wednesday to overturn a lower court's ruling that freed the car rental giant's insurers from covering $170 million in false-arrest settlements, arguing the settlements all stemmed from a faulty theft-reporting system and trigger just one self-insured retention.

  • October 29, 2025

    Insurer Says Co.'s 'Improper Underwriting' Cost It Over $10M

    An insurer for auto dealerships accused its insurance program administrator of repeatedly refusing to undergo a full audit of the administrator's records and underwriting practices, telling a New York federal court that, in an independent auditor's limited review of files, "findings of improper underwriting were staggering."

  • October 29, 2025

    Wells Fargo Agrees To Trim $481M Loan Suit Against JPMorgan

    Wells Fargo, JPMorgan Chase & Co., New York City developer Meyer Chetrit and other parties submitted a proposed agreement that will get rid of most of Wells Fargo's nine-count suit accusing JPMorgan and the others in New York federal court of being liable for a $481 million mortgage loan deal that caused "tens of millions of dollars in losses."

  • October 29, 2025

    Unibrands Says Ex-Pen Co. Heirs Infringing Luxury Brand

    Pen manufacturer Unibrands Corp. alleges in New Jersey federal court that the former heirs to Italian fountain pen maker Omas are attempting to "steal the fruits" of the company's labor to revive the luxury fountain pen brand.

  • October 29, 2025

    McCarter & English Booted From NJ Food Biz Fight

    McCarter & English LLP was disqualified from representing the estate of a food industry executive's former business partner after a New Jersey federal judge determined that the firm represented the executive in the past which has created a conflict of interest.

  • October 28, 2025

    5 Federal Circuit Clashes To Watch In November

    The Federal Circuit's argument calendar for November includes a challenge to an Idaho state law aimed at hindering "patent trolls," and a bid to revive a $40 million jury verdict against Shopify that a judge discarded, citing "unclear" testimony from the patent owner's expert.

  • October 28, 2025

    CFPB Calls Off Nonbank 'Fine Print,' Enforcement Registries

    The Consumer Financial Protection Bureau on Tuesday continued its rollback of Biden-era policies, finalizing the closure of its nonbank enforcement registry and formally scrapping a plan to track financial firms' use of liability waivers and other "fine print" contract terms.

  • October 28, 2025

    Law Firm Countersues Lender In Battle Over Fraudulent Loan

    A North Carolina law firm hit back Tuesday against a mortgage lender's professional negligence suit over a $510,000 loan a borrower alleged was fraudulent, arguing in a countersuit that the lender failed to properly verify the identities of the purported borrowers.

  • October 28, 2025

    Insurers Can't Avoid Tanger's COVID Coverage Suit In NC

    Two insurers can't avoid Tanger Outlets' lawsuit seeking coverage for more than $50 million in pandemic losses, North Carolina's business court ruled, finding the retail outlet chain sufficiently connected its insured interests to its operations in North Carolina.

  • October 28, 2025

    Lender Settles With Insurer In $26M Colo. Loan Dispute

    A Nebraska lender and Florida title insurer have reached a settlement in the lender's $26 million lawsuit that claimed the insurer denied coverage for a senior living center near Denver that caused the lender to foreclose on the property.

Expert Analysis

  • How Trucking Cos. Can Keep Rolling Under Tariff Burdens

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    Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.

  • Tariff Strategies For The US Renewable Energy Sector

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    The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • As Tariffs Hit The Radar, PE Counsel Should Review Strategies

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    As tariffs compound existing challenges in the private equity sector, counsel should consider existing headwinds such as interest rates and industry-specific impacts like supply chains and pricing power, which may help mitigate risks and capture opportunity, says Nathan Viehl at Thompson Coburn.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • Mass. Suit Points To New Scrutiny For Home Equity Contracts

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    The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

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    A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

  • Hints Of Where Enforcement May Grow Under New CFPB

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    Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the CFPB seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.

  • Assessing Jurisdictional Issues In 2nd Circ. Bank Audi Case

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    The Second Circuit's reasoning last month in Raad v. Bank Audi that the exercise of personal jurisdiction must be based on conduct taking place within the jurisdiction reminds foreign financial institutions to continually monitor how plaintiffs are advocating for an expansive view of personal jurisdiction in the U.S., say attorneys at Freshfields.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • Mitigating Import Risks Around Southeast Asian Solar Cells

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    The U.S. Department of Commerce's recent final determinations in its antidumping and countervailing duty investigations into solar cells produced in certain Southeast Asian countries make it important for U.S. purchasers to consider risk mitigation strategies, including modifying supply chains and contractually assigning import responsibilities, say attorneys at Morgan Lewis.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

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