Commercial Contracts

  • May 21, 2025

    Zurich Gets Default Win In $4.6M Contractor Coverage Spat

    Zurich American Insurance Co. doesn't owe coverage to two subcontractors accused of bungling work on a Georgia natural gas plant, a federal judge has ruled, granting the insurer a default win in its suit seeking to nullify a $4.6 million claim.

  • May 21, 2025

    Title Insurance Co. Fights Treasury All-Cash Resi Deals Rule

    A title insurance company and a subsidiary have filed suit in Florida federal court challenging new reporting requirements for all-cash real estate closings, saying the rule exceeds the U.S. Department of the Treasury's Financial Crimes Enforcement Network's authority.

  • May 21, 2025

    DraftKings Denied 3rd Circ. Review In MLB Players' IP Case

    A Pennsylvania judge on Wednesday denied a request from DraftKings Inc. to appeal to the Third Circuit the lower court's refusal to dismiss an intellectual property lawsuit that accuses the company of using players' images without permission, saying the issues raised are not appropriate for immediate appeal.

  • May 21, 2025

    What To Know Before VLSI, Intel's Patent License Trial

    Over the last several years, VLSI Technologies has racked up infringement awards in an expansive multibillion-dollar fight against Intel, but those could be rendered moot after a trial next week, when a Texas federal jury reviews a question central to determining whether Intel already has a license to VLSI's patents.

  • May 21, 2025

    Full Fed. Circ. Undoes $20M Google Loss, Orders New Trial

    The full Federal Circuit on Wednesday ordered a new damages trial in a case where a jury told Google LLC to pay $20 million for infringing an EcoFactor Inc. thermostat patent, ruling that the testimony of EcoFactor's damages expert was unreliable and should not have been admitted.

  • May 21, 2025

    11th Circ. Blocks Fla. Credit Union's Arbitration Bid In Fee Suit

    The Eleventh Circuit on Wednesday denied a Florida credit union's bid to force arbitration in a proposed class action alleging it wrongly charged overdraft fees, saying its checking account agreements didn't require the parties to settle the case out of court.

  • May 21, 2025

    Shell JV Escapes $58M Nigeria Oil Contract Payment Suit

    A New York federal judge has said he lacks jurisdiction to hear a Nigerian contracting company's lawsuit seeking $58 million in fees from a Royal Dutch Shell joint venture over the construction of an oil and gas facility in the African nation.

  • May 21, 2025

    Court Approves $32.5M Symetra Settlement For Overcharging

    A Washington federal court has given final approval for a $32.5 million settlement resolving claims between Symetra and life insurance policyholders who claimed the company used undisclosed factors to overcharge them.

  • May 21, 2025

    Distributor Can't Duck Revised Crab Price-Fixing Suit

    A California federal magistrate judge added Ocean King Fish Inc. to a list of more than a dozen distributors that must face a proposed class action from crabbers alleging a conspiracy to cap prices paid to fishermen for Dungeness crab in the Pacific Northwest.

  • May 20, 2025

    Judge Questions Bank's Role In Jail Debit Card Fee Dispute

    A federal magistrate judge in Washington state signaled Tuesday she might advance a debit card fee class action against a Missouri bank to trial, suggesting there's still a factual dispute as to whether the prepaid cards were forced on people trying to regain access to their money after being released from correctional facilities. 

  • May 20, 2025

    Novo Fights To Keep Info Bid In $800M Fraud Dispute Alive

    Novo Nordisk is urging a North Carolina federal court not to dismiss its order permitting the Danish drugmaker to seek information bolstering its $800 million fraud claims stemming from a hypertension drug deal, saying the testimony is needed to preserve assets as it pursues arbitration of its claims.

  • May 20, 2025

    Venezuelan Nationals' RICO Suit Asserting Defamation Tossed

    A Florida federal judge has dismissed racketeering and other claims against a director of Venezuela's state-owned oil company and others after determining that the suit accusing them of engaging in a defamatory campaign to smear civic leaders is a shotgun pleading.

  • May 20, 2025

    Energy Co. Fights To Keep Alive Suit Over Damaged Well

    Oil and gas producer W&T Energy VI LLC told a Texas federal judge that Anardako Petroleum Corp.'s bid to escape claims over damages to a jointly operated offshore well suggests it thinks it can breach their agreement and "commit fraud with impunity."

  • May 20, 2025

    Panama Says $5M Award Suit Stay Bid Should Be Tossed

    A Florida federal judge should reject a Miami-based business owner's attempt to pause Panama's suit seeking to enforce a nearly $5 million arbitral award over construction agreements, the country has argued in a court brief opposing his motion to stay the proceedings.

  • May 20, 2025

    Music Co. Rips Apple's Sanctions Bid Over App Store Ouster

    Musi Inc. and its counsel at Winston & Strawn LLP have urged a California federal judge to reject Apple's request for sanctions over accusations Musi made "false and misleading allegations" in a lawsuit over Apple's decision to boot the music streaming service from the App Store for intellectual property infringement.

  • May 20, 2025

    Wash. Panel Affirms Toss Of Vrbo Host's Rental Coverage Row

    Washington appellate judges refused to revive a Vrbo host's suit against a Liberty Mutual unit and a company that arranged a policyholder's temporary housing while her home was being repaired, saying the companies did not breach a nonexistent contract with the host by ceasing to pay the policyholder's rent.

  • May 20, 2025

    2nd Circ. Affirms Dismissal Of Lab's Payment Suit Against Cigna

    The Second Circuit on Tuesday upheld the dismissal of a lawsuit that a New Jersey-based diagnostics laboratory brought to seek payments from Cigna Health & Life Insurance Co., holding that the lab's "failure to allege contract formation" defeated many of its claims and it has no standing under the Employee Retirement Income Security Act.

  • May 20, 2025

    Health Clinics Say Fake Trash Fee Scheme Cost Them Millions

    Republic Services Inc. got hit with a proposed class action by health clinics in Michigan and Ohio that claim the waste disposal company breached its contracts with them by charging "tens of millions" in excess fees without any legal justification.

  • May 20, 2025

    Unions Eye Nix Of NJ Transit Suit Over Picket Line

    Two unions sued by NJ Transit over their refusal to cross the picket line in the now-resolved rail strike told a New Jersey federal court that since their members have returned to work, the case is now moot.

  • May 20, 2025

    MLBPA, Underdog Sports End Suit Over Using Player Images

    The Major League Baseball Players Association and sports betting platform Underdog Sports have agreed to end the union's suit alleging unauthorized use of players' names, images and likenesses to promote its services, a complaint that originally also accused FanDuel of the same usage.

  • May 20, 2025

    Yale Wants Student's AI Cheating Challenge Tossed

    Yale University and several officials have asked a Connecticut federal judge to pause discovery in a lawsuit brought against them by a student who was suspended after allegedly using artificial intelligence to cheat on a final exam, citing the plaintiff's "weak" legal arguments and a supposed likelihood that the suit will be dismissed.

  • May 20, 2025

    Amazon, Apple Get Atty Fees Over Dropped Antitrust Plaintiff

    A Washington federal judge on Tuesday ordered an ousted lead plaintiff's counsel in a proposed antitrust class action against Amazon and Apple to pay a combined $223,000 in attorney fees to the defendants after finding last month that the lawyers had failed to tell the court that their client had abandoned the case.

  • May 19, 2025

    6th Circ. Splits On 'Classic,' 'First-Year' Contract Price Dispute

    A split Sixth Circuit on Monday upended Parker Hannifin Corporation's win in a breach of contract fight with a Mexican automotive supplier, saying the Ohio company's terms over the price of its pistons didn't govern in a "classic" dispute fit for a law student's first-year contract class.

  • May 19, 2025

    Let's Talk About Rights: Salt-N-Pepa Sue UMG To Reclaim IP

    Hip-hop duo Salt-N-Pepa sued UMG in New York federal court on Monday, saying the music company refused to return the copyrights for several of their hits, including "Push It" and "Let's Talk About Sex," and for punishing their attempt to assert their rights by removing songs from streaming platforms and distribution channels.

  • May 19, 2025

    Uber Pushes To Move Sex Assault Cases To Related Districts

    Uber has asked a California federal judge to move various bellwether trials in multidistrict litigation accusing the rideshare company of failing to prevent drivers from sexually assaulting passengers to the federal districts where the alleged incidents occurred, citing the forum selection clause in its terms of use.

Expert Analysis

  • Employer Arbitration Lessons From Calif. Consumer Ruling

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    Although a California state appeals court’s recent arbitration ruling in Mahram v. Kroger involved a consumer transaction, the finding that the arbitration agreement at issue did not apply to a third-party beneficiary could influence how employment arbitration agreements are interpreted, says Sander van der Heide at CDF Labor Law.

  • Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling

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    The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Considering Noncompete Strategies After Blocked FTC Ban

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    A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Notable Q2 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

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