Commercial Contracts

  • November 18, 2025

    Delaware Chancery Atty Fee Awards Under Fire In New Report

    Attorney fees in Delaware's Court of Chancery lack "consistent benchmarks" and, for big awards, may fail to reflect "risk or performance," according to a report Tuesday that potentially ratchets up pressure on state lawmakers wary of jeopardizing Delaware's standing as the national hub for corporate law disputes.

  • 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."

Expert Analysis

  • Series

    Playing Softball Makes Me A Better Lawyer

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    My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.

  • What Novel NIL Suit Reveals About College Sports Landscape

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    A first-of-its-kind name, image and likeness lawsuit — recently filed in Wisconsin state court by the University of Wisconsin-Madison against the University of Miami — highlights new challenges and risks following the NCAA’s landmark agreement to allow schools to make NIL deals and share revenue with student-athletes, say attorneys at O'Melveny.

  • Series

    Law School's Missed Lessons: Mastering Time Management

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    Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.

  • How Hyperlinks Are Changing E-Discovery Responsibilities

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    A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.

  • Sales And Use Tax Strategies For Renewables After OBBBA

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    With the One Big Beautiful Bill Act sharply curtailing federal tax incentives for solar and wind projects, it is vital for developers to carefully manage state and local sales and use tax exposures through early planning and careful contract structuring, say advisers at KPMG.

  • Series

    Writing Musicals Makes Me A Better Lawyer

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    My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.

  • Series

    Adapting To Private Practice: From Va. AUSA To Mid-Law

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    Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.

  • 7 Document Review Concepts New Attorneys Need To Know

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    For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.

  • FTC Actions Highlight New Noncompete Enforcement Strategy

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    Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.

  • How Trump's Space Order May Ease Industry's Growth

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    President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.

  • Liability Lessons From Luxury Cruise Thwarted By Sanctions

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    An ongoing legal dispute over a canceled luxury cruise to the North Pole reminds attorneys that liability can surface even before a ship leaves the dock — and that U.S. sanctions law increasingly lurks in the background of global travel contracts, says Peter Walsh at The Cruise Injury Law Firm.

  • Agentic AI Puts A New Twist On Attorney Ethics Obligations

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    As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

  • How GILTI Reform Affects M&A Golden Parachute Planning

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    Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.

  • Series

    Law School's Missed Lessons: Adapting To The Age Of AI

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    Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.

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