Commercial Contracts

  • April 30, 2025

    Boston Hospital Fends Off Doctor's Whistleblower Claims

    A Massachusetts state court judge on Tuesday tossed whistleblower, contract and wrongful termination claims brought by a doctor who alleged that Boston Medical Center ousted him in retaliation for his expert witness testimony contradicting his colleagues in child abuse cases.

  • April 30, 2025

    Allstate Settles Law Firm's Wrecked Car Fee Coverage Suit

    A settlement has been reached in a Georgia law firm's proposed class action against Allstate Insurance Co. over allegations that it failed to pay title transfer fees and license registration fees to insured people who incurred total loss claims.

  • April 29, 2025

    5th Circ. Backs $1.6M Pipeline Project Arbitration Award

    The Fifth Circuit on Tuesday unanimously affirmed a more than $1.6 million arbitration award covering stand-by costs an underground drilling company incurred on a subcontract for a pipeline construction firm, saying in a published opinion that the construction company failed to show that an arbitration panel exceeded its authority.

  • April 29, 2025

    5th Circ. Hints Exclusivity Could End Tata's $168M Woe

    A Fifth Circuit panel asked whether Tata Consultancy Services had taken trade secrets to solely build a product for a specific customer, questioning Tuesday whether to keep intact a $168 million judgment finding Tata stole an IT company's technology concerning source code and life insurance software documentation.

  • April 29, 2025

    Duke Energy Rival Tells Justices Not To Review Monopoly Suit

    Independent power producer NTE Energy is urging the U.S. Supreme Court not to review a decision that revived its monopoly suit against Duke Energy, saying the North Carolina-based company is asking the justices to issue an advisory opinion answering a hypothetical question.

  • April 29, 2025

    Deal Terms An Issue In $60M Mortgage Loan Sale Con Case

    A Washington federal judge suggested on Tuesday that she might hold off on interpreting the terms of a multimillion-dollar mortgage loan sale agreement at issue in a racketeering suit, since a contractual dispute involving the same deal is slated for a bench trial before her in October.

  • April 29, 2025

    'Alvin And The Chipmunks' Owner Says Arbitrator Overstepped

    The owner of the "Alvin and the Chipmunks" franchise is urging a California federal court to vacate a $2.2 million arbitral award favoring its international distributor based on the arbitrator's alleged "egregious errors," including inflating the damages owed over a rejected Nickelodeon deal.

  • April 29, 2025

    Sports Illustrated Owner Ends TM Row With Former Publisher

    Sports Illustrated's owner has agreed to permanently end its trademark dispute against its former publisher over claims that the publisher tore apart a long-standing licensing agreement while sabotaging the brand and holding hostage valuable intellectual property, according to a stipulation filed Tuesday in New York federal court. 

  • April 29, 2025

    Amazon Can't Shake Return Policy Suit, Wash. Judge Rules

    A Washington federal judge refused Tuesday to dismiss claims accusing Amazon of unlawfully recharging consumers under its "advanced refund" return policy, ruling that the e-commerce giant could face tort and quasi-contract liability alongside breach of contract allegations.

  • April 29, 2025

    Insurers Say 9th Circ. Extended Tribal Jurisdiction Too Far

    A group of insurers again urged the U.S. Supreme Court to review a Ninth Circuit decision ordering them to litigate COVID-19 coverage claims in Suquamish Tribal Court, saying Tuesday that the lower court's conception of tribal sovereignty is so broad that even the tribe is unwilling to defend it.

  • April 29, 2025

    Kroger-Owned Chain Fights To Keep UFCW Suit Alive

    The Kroger-owned grocery chain King Soopers urged a Colorado federal judge Tuesday to preserve its lawsuit against a United Food and Commercial Workers local, saying the company can prove that the union is placing unlawful pressure on it to bargain with multiple locals at once.

  • April 29, 2025

    4th Circ. Rules Honeywell Royalty Fight Belongs In Fed. Circ.

    The Fourth Circuit on Tuesday found that a fight over royalty payments between technology conglomerate Honeywell and its Japan-based rival should be kicked to the Federal Circuit, which has jurisdiction over all patent-related lawsuits.

  • April 29, 2025

    BNSF Says Tribe's $400M Trespass Win Unjustly Taps Profits

    BNSF Railway Co. has urged the Ninth Circuit to derail the nearly $400 million a trial judge ruled it owes for years of illegally running oil cars across a Washington tribe's land, saying the disgorgement judgment goes after legitimate profits far removed from where the trespassing occurred.

  • April 29, 2025

    NCAA Says NY Case's Demise Dooms NC State '83 Team's Suit

    The NCAA told North Carolina's business court that a New York federal judge's decision to throw out a proposed antitrust class action against it brought by former men's basketball players should also doom a similar suit brought by the 1983 North Carolina State University men's basketball national championship team.

  • April 29, 2025

    Highmark Must Face Bulk Of Data Breach Lawsuit

    A group of individuals who said their personal information was compromised in a phishing attack against health insurer Highmark can largely proceed with their proposed class action against the company, a Pennsylvania federal court ruled, finding the plaintiffs sufficiently alleged they'll suffer imminent and concrete injuries, thereby establishing standing.

  • April 29, 2025

    Dominican Republic Not Immune In Postal Suit, 11th Circ. Told

    A Florida company suing the Dominican Republic over allegations it failed to pay $10 million after breaching a contract to modernize its postal service told an Eleventh Circuit panel Tuesday the country isn't exempt from legal action, arguing the country can be held liable under exceptions to the Foreign Sovereign Immunities Act.

  • April 29, 2025

    OKCoin Says Crypto Holders Can't Tie Firm To $2M Theft

    Digital asset exchange OKCoin and its affiliates urged a California federal judge to dismiss a proposed class action accusing them of enabling cryptocurrency thieves, arguing the real cause of the plaintiffs' losses was the initial theft, not any actions by the exchange.

  • April 29, 2025

    No 'Hobson's Choice' For Foley & Lardner, Ex-Clients Say

    Two former Foley & Lardner LLP clients are slamming the law firm for telling a Texas appellate court it was faced with a "Hobson's choice" in their suit alleging the firm failed to disclose conflicts of interest.

  • April 29, 2025

    X Can't Escape Unjust Firing Claim In Severance Suit

    Three former Twitter executives can proceed with their claim that Elon Musk and the company owe them millions in severance benefits after falsely claiming they were fired justly, a California federal judge ruled, pointing to another suit mirroring nearly identical allegations.

  • April 29, 2025

    Boston Seafood Co. Says Salmon Exec Stole Trade Secrets

    A former C-suite executive and head of salmon accounts at a Boston-area seafood distributor spent months emailing sensitive trade secrets from his work account to a Norwegian competitor before joining it to launch a rival business in the U.S., according to a federal lawsuit filed Tuesday. 

  • April 29, 2025

    3rd Circ. Denies Post-Gazette Bid To Tweak Benefits Order

    The publisher of the Pittsburgh Post-Gazette can't get the Third Circuit to clarify or tweak an order to put its newsroom employees back on their old health insurance plan, despite concerns from the newspaper company that it may not have been eligible to reenroll them in the plan and would rather go back to bargaining instead.

  • April 29, 2025

    Firm In Salmon Antitrust Case Owes Referral Fee, Suit Says

    A Boston law firm says another firm that served as co-lead counsel in a salmon purchaser antitrust case is refusing to honor a referral fee agreement for 15% of the attorney costs in the Florida litigation, according to a federal complaint filed Monday in Massachusetts.

  • April 29, 2025

    Ex-Homeland Security Secretary Joins Pillsbury As Consultant

    Former Homeland Security Secretary Kirstjen Nielsen will work as a strategic consultant at Pillsbury Winthrop Shaw Pittman LLP, where she'll be a senior policy adviser supporting a range of defense, national security and government practice groups, the firm recently announced.

  • April 29, 2025

    BCBS Wants Hospital Sanctioned For 'Cat-And-Mouse' Tactics

    Blue Cross Blue Shield of North Carolina asked a federal judge to sanction a hospital company and its related entities for their purported "evasion, obfuscation, misdirection and outright misrepresentation" during discovery in a $32 million billing dispute that has gone on for seven years.

  • April 28, 2025

    Second Round Of Conn. Firm Windup Fight Sent To Arbitration

    A Connecticut state court judge has paused a derivative lawsuit that an attorney filed against his onetime 50-50 law partner at Connecticut Trial Firm LLC, sending it instead to arbitration.

Expert Analysis

  • 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.

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • Trump Likely To Prioritize Trade, Customs Fraud Enforcement

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    With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.

  • Recent Suits Show Antitrust Agencies' Focus On HSR Review

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    The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • Private-Bidding Compliance Lessons From Siemens Plea Deal

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    Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.

  • FTC Report On AI Sector Illuminates Future Enforcement

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    The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

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