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Commercial Contracts
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September 18, 2025
Footballer Drops Suit Against NCAA After Bid To Play Denied
The college football player who sued the NCAA over its denial of a waiver for him to play this season has dropped his case, after a North Carolina state judge denied his bid for a temporary restraining order that would have allowed him to suit up immediately.
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September 18, 2025
Harley-Davidson Says 7th Circ. Right To Toss Warranty Suit
Harley-Davidson is urging the Seventh Circuit not to hold an en banc rehearing on antitrust claims alleging its warranties prohibited off-brand parts, saying the panel was correct last month when it found the plaintiffs failed to allege the relevant market or that the warranty actually had any such prohibition.
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September 17, 2025
Live Nation Unit Sues Biz Partners Over Fla. Music Venue
A Live Nation subsidiary and majority owner of a prominent Miami club has sued its business partners over a music venue's operation in Florida federal court, alleging they became greedy and reneged on a carefully negotiated mediation agreement, resulting in a potential loss of millions of dollars and reputational damage.
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September 17, 2025
NCR Pushes For Full 11th Circ. Review In Pension Payout Spat
Software company NCR Corp. asked the full Eleventh Circuit on Tuesday to examine a pension payout fight with former executives in the wake of a three-judge panel's ruling last month that the company can't issue lump-sum payments to plan participants as alternatives to promised life annuities.
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September 17, 2025
Judge Probes Alleged Rivalry In Captive Insurer's Collapse
A North Carolina Business Court judge on Wednesday wanted help deciding whether a Georgia insurance company belongs in a fight over a defunct captive insurer's demise, but neither party seemed to have the answers he needed.
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September 17, 2025
Credit Investment Firm Sues UBS Over Naked Juice Loan Deal
A Connecticut branch of UBS faces a credit-investment firm's claims that UBS breached the terms of a loan participation agreement funding bottled juice company Naked Juice LLC after a restructuring of the agreement resulted in less favorable terms for the limited partnership.
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September 17, 2025
Conn. Gallery Owner Must Face 'Fake' Art Sale Claims
A Greenwich, Connecticut-based art seller should face a jury on claims that it sold a fake Keith Haring chalk drawing for $165,000 after vouching for its authenticity, a judge has ruled, denying a gallery's request for a quick win on eight of nine counts.
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September 17, 2025
5th Circ. Says Genesis Not Indemnified In Platform Injury Suit
The Fifth Circuit on Tuesday affirmed that Danos LLC is not required to indemnify Genesis Energy in the defense of a suit by a worker who fell during an oil platform repair, finding the contract between the companies is not covered by maritime law.
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September 17, 2025
Colo. Judge Denies ACE's Bid To Halt USA Cricket Split
A Colorado state judge refused Wednesday to stop USA Cricket from immediately ending its partnership with American Cricket Enterprises LLC, saying the sport's governing body must have a chance to be heard before deciding on ACE's request to maintain the agreement.
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September 17, 2025
Boeing, DOJ Say FAA Fines Don't Sway Conspiracy Case
Boeing and the federal government have told a Texas federal judge that the Federal Aviation Administration's recent proposal to fine Boeing $3.1 million for safety violations shouldn't factor into the 737 Max 8 criminal conspiracy case they're hoping to have wiped from the docket.
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September 17, 2025
Media Matters Again Denied Transfer Of X's Nazi Posts Suit
Media Matters for America must remain in Texas for X Corp.'s defamation lawsuit over a story about ads running alongside Neo-Nazi content, after a federal judge again refused Tuesday to transfer the case to California following a Fifth Circuit decision nixing a previous rejection of transfer.
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September 17, 2025
Don Jr.-Backed Patent Co. Hires Nokia Licensing Exec
SIM IP, the newest venture by high-profile patent monetizer Erich Spangenberg, has brought on Nokia's chief licensing officer to serve as managing director.
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September 17, 2025
Billionaire Vik Eyes $11.5M Fee After Beating Deutsche Bank
A lawyer for billionaire Alexander Vik told a Connecticut appeals panel Wednesday that a judge should have followed Turks and Caicos Islands law to award more than $11.5 million in attorney fees when he beat Deutsche Bank in a long-running lawsuit that sought to collect on a $243 million judgment over unpaid margin calls.
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September 17, 2025
Broker Can't Trim Chipwich Maker's $4.5M Recall Loss Suit
A Connecticut state court refused to nix a breach of contract claim in an ice cream sandwich maker's $4.5 million suit accusing its insurance broker of failing to recommend and procure insurance that would cover a food recall.
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September 17, 2025
Charter Can't Dodge Cable Royalties In Texas, 5th Circ. Rules
Charter Communications cannot avoid paying a 3% royalty for the use of cable permits in three Texas cities' rights of way, regardless of a change in state permitting law, the Fifth Circuit ruled Wednesday.
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September 17, 2025
Anthropic, Reddit Spar Over Keeping AI Case In Federal Court
Artificial intelligence startup Anthropic has asked a California federal judge to keep Reddit's claims that user content is used to train large language models in federal court, saying that at least one of Reddit's claims are preempted by the Copyright Act and effectively arise from federal law.
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September 17, 2025
Chubb Unit Wants Data, Cyber Cos. To Pay Ransomware Cost
A Chubb insurance unit has claimed a data management company and a cybersecurity firm failed to prevent or mitigate a ransomware attack on one of its policyholders, leading to the insurer being on the hook for more than $500,000 in damages, according to a lawsuit filed in New Jersey federal court.
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September 17, 2025
Fiat Chrysler, Supplier Resolve Dispute Over Pacifica Recall
Fiat Chrysler has reached a resolution in its lawsuit against a supplier the automaker alleged was responsible for a faulty part that spurred a recall, according to a stipulated order dismissing the case Tuesday.
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September 17, 2025
No Response From Insurers To Coverage Requests, Co. Says
A Seattle-based marine logistics company told a Washington federal court that a trio of marine insurers failed to issue a coverage opinion before it ultimately settled an arbitration earlier this year involving an $18.6 million counterclaim over vessel damage, adding that the insurers conducted no investigation, either.
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September 17, 2025
3rd Circ. Panel Puzzled By Economics Of NCAA Eligibility
The introduction of compensation for college athletes may have changed the economic effects of the NCAA's eligibility rules, but a Third Circuit panel wondered Wednesday whether enough analysis on the specific effects had been done to justify suspending one of those rules for a Rutgers University football player.
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September 17, 2025
Giuliani Must Pay Attys $1.4M After Missing Bills Claim Fails
A New York state judge has awarded nearly $1.4 million to Davidoff Hutcher & Citron LLP in its lawsuit accusing former New York City Mayor Rudy Giuliani of racking up unpaid legal bills for the firm's work in various criminal, civil and administrative matters.
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September 17, 2025
Charter Jet Co. Alleges GE Engine Defect Caused Fatal Crash
A charter flight company is suing General Electric Co., Bombardier Inc. and a group of airplane maintenance companies over a fatal crash, saying that GE's engine was defective and prone to corrosion that it didn't warn buyers about and which the maintenance companies failed to detect.
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September 17, 2025
Yale Health System Settles $435M Hospital Sale Suit
Yale New Haven Health Services Corp., Connecticut's largest hospital system, has reached a settlement in principle with bankrupt Prospect Medical Holdings Inc. that would resolve a $435 million contract dispute over the sale of several hospitals in the state.
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September 16, 2025
Texas AG Probes Glass Lewis, ISS On ESG Advice
The Texas Office of the Attorney General launched an investigation into Glass Lewis & Co. and Institutional Shareholder Services Inc., claiming Tuesday the proxy advisory firms misled public companies and institutional investors to push for left-wing social causes.
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September 16, 2025
Miami Hospital's Ex-COO Admits To Embezzling $4.3M
The former chief operating officer of the fundraising arm for a taxpayer-funded Miami health system pled guilty to a wire fraud charge in Florida federal court, admitting to embezzling $4.3 million from the nonprofit and receiving kickbacks after submitting false vendor invoices.
Expert Analysis
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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How FAR Council's Proposal May Revamp Conflicts Reporting
The Federal Acquisition Regulatory Council's recent proposal for updating organizational conflict of interest rules includes some welcome clarifications, but new representation and disclosure obligations would upend long-standing practices, likely increase contractors’ False Claims Act risks, and necessitate implementation of more complex OCI compliance programs, say attorneys at Wiley.
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Navigating Title IX Compliance In The NIL Era
As universities push to move more name, image and likeness activity in-house, it's unclear how the NCAA and its members will square implementation of the House settlement with Title IX requirements, say attorneys at Buchanan Ingersoll.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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DeepSeek AI Investigation Could Lead To IP Law Precedents
The investigation by OpenAI and Microsoft into DeepSeek's artificial intelligence model raises interesting legal concerns involving intellectual property and contract law, including potential trade secret appropriation and fair use questions, say Saishruti Mutneja and Raghav Gurbaxani.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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What Contractors Can Do To Address Material Cost Increases
In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.
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Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion
The recent Delaware Superior Court ruling in Harman International v. Illinois National Insurance offers a critical framework for interpreting bump-up exclusions in management liability insurance policies, and follows the case law trend of narrow interpretation of such exclusions, says Simone Haugen at Tressler.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz
Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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Imagine The Possibilities Of Openly Autistic Lawyering
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.