Commercial Contracts

  • June 11, 2025

    Assembly Line Co.'s Dispute Predated Policy, 6th Circ. Affirms

    The Sixth Circuit affirmed a lower court's decision denying an assembly line technology designer's bid for insurance coverage of an underlying multimillion-dollar dispute with a customer, finding coverage was excluded because the conflict originated before the professional liability policy was purchased.

  • June 11, 2025

    NFL Tells 9th Circ. $4.7B Sunday Ticket Verdict Rightly Nixed

    The National Football League has told the Ninth Circuit that a lower court was right to toss a $4.7 billion jury verdict for claims that the league colluded to raise the price of the Sunday Ticket broadcast package on DirecTV, after the court found testimony from a pair of experts during trial was unreliable.

  • June 11, 2025

    Epic Games Hits Fortnite Cheat Maker With Copyright Suit

    Fortnite maker Epic Games is suing a German cheat software developer, alongside resellers of the software, in North Carolina federal court for allegedly violating copyright law and interfering with contracts Epic has with its players.

  • June 11, 2025

    PE Partnership Invests $500M In College Sports Pay Plans

    Sports and entertainment investor Elevate has announced the launch of its Collegiate Investment Initiative, a $500 million partnership with Velocity Capital Management and the Texas Permanent School Fund Corp. that will provide private colleges and universities with capital and resources to bolster their athletic programs.

  • June 11, 2025

    Mandarin Can Get Reserves, Reinsurance Info In COVID Row

    "All risks" property insurers for Mandarin Oriental Inc. must turn over documents related to their reinsurance and reserves to the luxury hotel chain, which claims it incurred over $223 million in business interruption losses from the COVID-19 pandemic, a New York federal court ruled.

  • June 11, 2025

    Attys For Disney Streaming Customers Vie To Lead Settlement

    Days after announcing that they've reached a settlement with Disney, live TV streaming customers are looking to appoint Yavar Bathaee from Bathaee Dunne LLP to serve as the lead counsel in their proposed antitrust class action against the company over ESPN carriage agreement fees.

  • June 11, 2025

    Uber Says Fla. Firm, Drivers Staged Wrecks For Profit

    Uber told a Florida federal court Wednesday that at least five of its drivers faked accidents and colluded with healthcare providers and a Florida law firm to file sham litigation against the ride-hailing platform and its insurer, costing millions of dollars in legal defense and settlements.

  • June 11, 2025

    Paddle Maker Wants Counterclaims Tossed In Contract Row

    Pickleball paddle producer Joola has urged the Maryland federal court to dismiss the fraud and false endorsement counterclaims in its breach of contract lawsuit against the self-proclaimed U.S. governing body for the sport, arguing the organization has not alleged any real harm.

  • June 10, 2025

    10th Circ. Affirms Toss Of USPS Contractor's $500M Suit

    The Tenth Circuit on Tuesday refused to revive a U.S. Postal Service contractor's $500 million lawsuit accusing USPS of misappropriating its confidential business information and wrongfully terminating their long-running relationship, affirming a lower court's toss of tort and contract claims.

  • June 10, 2025

    6th Circ. Probes Ambiguity Of Flagstar Overdraft Contract

    A panel of Sixth Circuit appellate judges on Tuesday zeroed in on whether a Flagstar Bank customer had to read and understand an agreement to support claims a contract was ambiguous in her case alleging the bank charged surprise, repeated overdraft fees, noting that there is little benefit to reading an agreement if it's unclear. 

  • June 10, 2025

    IT Co. Urges 1st Circ. To Affirm It's Blameless For Data Breach

    An information security technology company urged the First Circuit on Tuesday to affirm that it isn't liable for a 2018 data breach that exposed confidential information of more than 277,000 of the medical device maker's patients, arguing that the insurer assignee of the device maker had no valid points.

  • June 10, 2025

    Lindberg Says NC Court Can't Force $1.24M Claim On Fla. Co.

    Convicted mogul Greg Lindberg is fighting a New Jersey publisher's bid to collect on a $1.24 million judgment from a holding company in Florida, saying in a brief filed in North Carolina state appellate court that he doesn't hold an interest in the Florida company.

  • June 10, 2025

    Panel Dooms U. Of Washington's COVID-19 Coverage Battle

    The University of Washington cannot get coverage from a Liberty Mutual unit for COVID-19-related losses under its all-risk property policy requiring "direct physical loss or damage" to insured property for coverage to be triggered, a Washington state appeals court ruled.

  • June 10, 2025

    Lawmakers Float NIL Bills Following NCAA Deal

    Members of Congress introduced a pair of bills Tuesday looking to establish national standards for how college athletes monetize their name, image and likeness in the wake of the landmark NCAA class action settlement last week.

  • June 10, 2025

    Health Records Co. Looks To Toss Patient Data Access Case

    PointClickCare is urging a Maryland federal court to toss a case seeking to force the medical records company to allow Real Time Medical Systems to access patient data with automated bots after the Fourth Circuit refused to lift an order requiring access while the case plays out.

  • June 10, 2025

    Dog Owner Defends Tick Meds Suit Against Elanco, Retailers

    A consumer plaintiff has urged an Indiana federal judge not to dismiss her proposed class action accusing Elanco Animal Health Inc. of paying off alleged co-conspirators Chewy, Petco, PetMed Express, PetSmart and PetSense to not carry cheaper generative alternatives to the Advantix topical flea and tick pet prevention drugs.

  • June 10, 2025

    Spokesman Sues Motel 6 Over Unauthorized Use Of His Voice

    Tom Bodett, a radio personality and voice actor known for Motel 6's radio and television ads for nearly 40 years, has sued the hospitality chain for allegedly using his name and voice without consent after he ended an agreement.

  • June 10, 2025

    Wells Fargo Can't Collect On $4M Stranger-Funded Life Policy

    Wells Fargo Bank NA cannot collect on a $4 million life insurance policy, a Nebraska federal court ruled, finding the policy void from the start since it was taken out on the life of a now-deceased man with the intended purpose of benefiting an investor.

  • June 10, 2025

    Insurer Exposed Drivers' Personal Information, Court Told

    An auto-population feature of tech-forward insurer Lemonade's online quote platform negligently disclosed about 190,000 drivers' license numbers to cybercriminals over 17 months, and the website still hasn't been fixed, according to a proposed class action in New York federal court.

  • June 10, 2025

    4th Circ. Backs Contract Verdict Against Turkish Weapons Co.

    The Fourth Circuit on Tuesday rejected a Turkish military supplier's appeal in a case where a Virginia federal jury found that it owed $720,000 for breaching a 2019 agreement between it and a U.S. importer.

  • June 10, 2025

    No Sanctions For Cicis Pizza Investor, Judge Rules

    A Texas state court judge drew short of sanctioning one of the companies that helped bring Cicis Pizza out of bankruptcy, but said Tuesday the company needs to turn over its complete ledger as it pursues a suit challenging allegedly excessive management fees totaling at least $25 million.

  • June 10, 2025

    Judge Warns Attys Over Candor In Grubhub-Kroger TM Row

    An Illinois federal judge on Monday admonished defense counsel in ongoing trademark litigation between Grubhub Inc. and The Kroger Co. after finding discrepancies in the Kroger attorney's representations of information Grubhub provided in a discovery response, reminding all lawyers involved of their duty of candor and adherence to professional conduct rules.

  • June 10, 2025

    Merck Gets PTAB To Nix Johns Hopkins Cancer Drug Patent

    Merck & Co. Inc. subsidiary Merck Sharp & Dohme LLC has notched a win at the Patent Trial and Appeal Board in its disagreement with Johns Hopkins University over a cancer research partnership, persuading a panel to invalidate claims in a university-owned patent relating to a colorectal cancer treatment.

  • June 10, 2025

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery showed new resistance to suits alleging corporate weaponizing of advance notice bylaws, and a new report highlighted the high fees that attorneys are cashing in on in Delaware courts compared to the federal court system. Several new suits were also filed concerning allegedly under- or overvalued sales and acquisitions being pushed through.

  • June 09, 2025

    Blake Lively, NYT Defeat 'It Ends With Us' Defamation Claims

    A New York federal judge on Monday threw out Justin Baldoni's defamation claims against his "It Ends With Us" costar Blake Lively, her husband Ryan Reynolds and The New York Times, among others, ruling that Baldoni hasn't plausibly alleged any statements were made or reported maliciously.

Expert Analysis

  • What Contractors Can Do To Address Material Cost Increases

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    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.

  • Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion

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    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.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    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.

  • Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz

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    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.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    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.

  • When Innovation Overwhelms The Rule Of Law

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    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.

  • Likely Doomed CFPB Contract Rule Still Has Industry Pointers

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    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.

  • 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.

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