Commercial Contracts

  • September 08, 2025

    9th Circ. Denies CoStar's Bid To Rehear Antitrust Ruling

    A Ninth Circuit panel rejected a call to revisit the court's June decision reviving claims alleging that real estate information service CoStar monopolizes several commercial real estate listing markets through exclusive deals with brokers and technological barriers for competitors.

  • September 08, 2025

    5th Circ. Reinstates $2.4M Award In Hair Product Co.'s IP Suit

    The Fifth Circuit has restored a $2.4 million jury award to a hair product company in its trademark infringement trial win over a rival, ruling a district court judge was wrong to throw out the verdict and the company had shown evidence the infringement hurt its business.

  • September 08, 2025

    Wyo. Co. Must Pay $2.65M Legal Fees Award In Arbitration

    A Wyoming federal judge has ordered an engineering firm to pay two Eastern European companies a €2.26 million ($2.65 million) award of arbitration legal fees and costs, saying the firm's dissatisfaction with the arbitral tribunal's award is not enough to second-guess the ruling.

  • September 08, 2025

    4 Firms Build EchoStar's $17B Spectrum Sale To SpaceX

    Telecommunications company EchoStar on Monday announced plans to sell some of its spectrum licenses to Elon Musk-owned SpaceX in a $17 billion cash-and-stock deal built by four firms, following its sale a few weeks ago of certain wireless spectrum licenses to AT&T in a $23 billion deal.

  • September 08, 2025

    Ex-Ebix CEO Accuses Owners Of Revenge Porn Blackmail

    The ousted former CEO of Georgia-based software firm Ebix Inc. has alleged that the company's owner attempted to blackmail him into dropping a lawsuit over his severance pay by threatening to release "intimate images" of him and his wife.

  • September 05, 2025

    OnlyFans Users May Face Sanctions Over AI 'Misuse'

    OnlyFans users who have alleged the site employs professional "chatters" to impersonate content creators are facing possible sanctions in their case, as a California federal judge ordered their attorneys to appear in court for filing briefs with nonexistent citations and quotations generated by an AI chatbot.

  • September 05, 2025

    Panama Kept From $5M Award Over Parallel ICC Arbitration

    A Florida federal judge has paused Panama's lawsuit seeking to enforce a nearly $5 million arbitration award over a construction dispute involving a Miami business, halting the case for a brief period of time due to a potential resolution in a separate contractual disagreement. 

  • September 05, 2025

    Nix Doc Bid In Colombian Natural Gas Fight, Fla. Court Told

    An energy trader is urging a Florida federal court to protect its confidential business information as it pursues a more than $400 million arbitration in Colombia against units of Canadian natural gas company Canacol Energy Ltd., accusing the companies of improperly trying to use a U.S. foreign discovery statute.

  • September 05, 2025

    Whoopi Goldberg Battles Ex-NJ Mayor Over Cannabis Store

    A former Garden State mayor is asking a New Jersey state judge to dismiss a counterclaim from Whoopi Goldberg's cannabis company, WhoopFam NJ LLC, in a dispute over a failed effort to open a recreational marijuana retail store.

  • September 05, 2025

    FTC Drops Appeal For Rule Banning Noncompetes

    The Federal Trade Commission officially abandoned its appeal Friday in a case that set aside a Biden administration rule banning the use of most employee noncompete clauses, but the agency said it plans to bring enforcement actions on a case-by-case basis instead.

  • September 05, 2025

    Fed. Circ. Sinks Inventor's Bid To Escape $214K In Sanctions

    The Federal Circuit on Friday denied efforts by the inventor of a patent covering a type of marking tape to escape a nearly $214,000 sanctions order from a lower court, saying it had previously upheld the award for bad faith litigation and won't alter it now.

  • September 05, 2025

    Vet Association Looks To Nix Tenn. School's Antitrust Claims

    The American Veterinary Medical Association urged a Tennessee federal court to toss an antitrust case from Lincoln Memorial University targeting the group's accreditation requirements, saying there's no dispute to resolve because the school hasn't lost its accreditation.

  • September 05, 2025

    Lindberg Challenges Receivership After $524M Arbitral Award

    Insurance mogul Greg Lindberg, who pled guilty to defrauding policyholders and was convicted of attempting to bribe North Carolina's insurance commissioner, urged a state appeals court to overturn the appointment of a receiver over his worldwide assets, after he was hit with a $524 million arbitration award.

  • September 05, 2025

    Anthropic Agrees To Pay $1.5B To Settle AI Copyright Fight

    Leading artificial intelligence developer Anthropic has agreed to pay $1.5 billion to settle a case brought by a group of authors who accused the company of illegally using their works to train its flagship large language model, the authors told a California federal court on Friday.

  • September 05, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen professional boxing promoter Boxxer take action against the former head of boxing at Matchroom Sport, Aegis Motor Insurance and Chubb European Group clash over a reinsurance claim, and a transgender pool player sue the English Blackball Pool Federation over its decision to ban her competing in women's teams and tournaments. 

  • September 05, 2025

    8th Circ. Won't Revisit Crop Damage Arbitration Fight

    The Eighth Circuit has ruled that the existence of arbitration agreements for some farmland owners, who are suing over depressed crop yields in the aftermath of an Alliance Pipeline project, does not amount to grounds for the appeals court to review a decision reviving proceedings.

  • September 05, 2025

    Pot Co. Investors Say Ex-Partner Drained Coffers For Suits

    The members of an investment firm are suing their former business partner in California state court, alleging that he misappropriated funds from the firm to defend himself in a separate suit by another business partner accusing him of fraud.

  • September 05, 2025

    How A 'Risky' Move Fueled Kobre & Kim's Win Over Phillips 66

    In the trial over Propel Fuels' claims that Phillips 66 stole trade secrets during due diligence for an acquisition, Kobre & Kim switched up standard witness order and convinced a jury to award $605 million.

  • September 04, 2025

    Geragos Strikes At $100K Verdict Over Nike Extortion Role

    Celebrity attorney Mark Geragos asked a California judge to strike a $100,000 jury verdict that found he aided and abetted disbarred lawyer Michael Avenatti in a failed attempt to extort Nike, saying award of damages without an underlying finding of liability "is impermissible as a matter of law."

  • September 04, 2025

    Colo. Developer Says Wash. Atty Botched Bankruptcy Case

    A Colorado company has hit a law firm and one of its former bankruptcy attorneys with a legal malpractice suit in Washington federal court, alleging that the defendants' "negligence" caused the business to lose properties worth more than $5 million in its Chapter 11 case.

  • September 04, 2025

    Late Funkadelic Member's Royalty Suit Too Late, Judge Finds

    A Michigan federal judge ended a case Thursday brought against George Clinton by his late keyboardist's estate over unpaid royalties, saying the statute of limitations expired when there was silence between the parties about a contract between them for decades.

  • September 04, 2025

    AI Co. Sues Rival, Ex-Exec Over Alleged Trade Secret Theft

    Scale AI Inc. has slapped Mercor and a former executive with a trade secret theft suit in California federal court, claiming that while the generative artificial intelligence data competitor was wooing Scale's employee, he was stealing documents that "amount to a roadmap for unfairly competing with Scale."

  • September 04, 2025

    Philip Morris Gets Wash. Tobacco Deal Fight Sent To Arbitrator

    A Washington state judge has ordered R.J. Reynolds Tobacco Co. to arbitrate rival Philip Morris USA Inc.'s claims that it breached a 2017 deal delineating billions of dollars in annual payments owed to states for Big Tobacco's public health toll by signing a new $277 million agreement with Washington in April.

  • September 04, 2025

    Door Maker Asks 4th Circ. To Kill Landmark Divestiture Order

    Door maker Jeld-Wen is accusing a rival who convinced a court to order a landmark divestiture as part of its antitrust case of moving the goalposts now that it's out of hot water, telling a Fourth Circuit that the forced sale is no longer necessary.

  • September 04, 2025

    Insurer Refuses Farm Co. Coverage In $2.7M Land Dispute

    A Hawaiian farm company isn't owed coverage for a $2.7 million lawsuit alleging it engaged in a conspiracy to sell a lot that one of the company's members had reserved to a company managed by a separate member, the farm company's general liability insurer told a federal court.

Expert Analysis

  • 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.

  • 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.

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