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Commercial Contracts
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October 02, 2025
Vet Co. Buyers Win $8M Interest On Top Of $40M Award In Del.
A Delaware Superior Court judge has awarded buyers of what is now Veterinary Orthopedic Implants more than $8 million in prejudgment interest in a dispute over payouts still due after they won $40 million in a patent-related settlement, rejecting arguments the $8 million would amount to a double recovery.
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October 02, 2025
Agency Ex-Exec Says He Was Misled About CEO Agreement
A former executive at a company providing assistance to people with intellectual disabilities and autism claimed in a lawsuit that he was misled over whether he was officially promoted, even as the company held him out to state regulators and banks as the chief executive officer.
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October 02, 2025
McCarter & English Won't Face Pretrial Win Bid In $22M Suit
A Connecticut Superior Court judge has denied requests by Phoenix Life Insurance Co. and PHL Variable Insurance Co. to file late partial summary judgment motions in a $22.3 million professional negligence lawsuit against McCarter & English LLP over the law firm's work on a Long Island loan deal.
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October 01, 2025
NYT Wants Justin Baldoni To Cough Up Defamation Suit Fees
The New York Times on Tuesday sued "It Ends With Us" director and star Justin Baldoni's production company, claiming the company must cover the $150,000 in legal fees and court costs the paper racked up while defending itself in defamation litigation that "had no basis in law or fact."
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October 01, 2025
Drone Maker Can't Arbitrate Minor's Suit Over Eye Injuries
A Texas federal judge on Tuesday rejected a motion to compel arbitration in a case brought by a minor who was legally blinded in one eye by a drone, finding that the minor had disavowed the arbitration agreement both when he was underage and when he turned 18.
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October 01, 2025
Amazon Must Cough Up Return Records In Consumer Suit
Amazon must hand over certain information about its returns system to a group of consumers who claim that the company wrongfully denied them refunds for products they sent back, a Washington federal judge has determined, calling some of the company's objections "evasive" and "borderline frivolous."
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October 01, 2025
Wash. Appeals Panel Reopens Teachers' Pension Interest Suit
A Washington state appeals court unanimously revived a class action claim that accuses a state pension agency of unlawfully skimming interest from teachers' retirement accounts, holding that a lower court was wrong to decide that it couldn't take up the matter.
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October 01, 2025
Judge Orders Contempt Proceedings After $3.7M IP Judgment
A Washington federal judge has agreed to open contempt proceedings against the leaders of a company that was hit with a $3.7 million judgment in a suit over fire-resistant construction assembly product patents.
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October 01, 2025
DC Circ. Deems FERC-Approved Pipeline Rates Unjustly High
The D.C. Circuit wiped out FERC's approval of fuel rates charged by a Kinder Morgan unit's pipeline following an expansion project, saying the agency unfairly saddled gas producer Antero Resources Corp. with higher rates than other pipeline customers.
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October 01, 2025
Ship Manager Says Liability Shield Applies In Baltimore Wreck
The manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge last year has told a Maryland federal judge that it should be allowed to invoke a nearly two-centuries-old maritime law to limit its liability for the wreck.
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October 01, 2025
Inventor's $11M Award Slashed To $5M Over Pet Device IP
A New Jersey federal judge has hit two pet supply companies with a $5 million damages bill for misappropriating a woman's idea for a skin medicine applicator for dogs and cats, more than four years after the Federal Circuit faulted the original $11 million award in the long-running case.
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October 01, 2025
NASCAR Exec Says Team Was Warned About LGB Sponsors
A NASCAR executive told jurors on Wednesday that driver Brandon Brown's team had previously been warned the league would not sign off on any on-track promotion of the "Let's Go Brandon" phrase, but pursued approval of an LGBCoin sponsorship anyway in a manner the executive said was "disingenuous."
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October 01, 2025
States Accuse Zillow, Redfin Of Deal To End Competition
A coalition of states followed their federal counterparts with an antitrust lawsuit in Virginia federal court Wednesday accusing Zillow of paying Redfin more than $100 million to stop competing for the sale of rental housing advertisements on their listing services.
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October 01, 2025
UBS Says Ex-Advisers Poached $1.4B In Clients For New Firm
UBS Financial Services has accused several of its former financial advisers of violating nonsolicitation and confidentiality agreements by plotting to launch a rival firm and poaching clients with $1.4 billion in assets, damaging UBS and its other former employees still entitled to client revenue.
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October 01, 2025
3rd Circ. Hints Forum Query Premature In $139M Award Row
A Third Circuit panel wondered Wednesday whether a Delaware court asked the right question before it concluded that it lacked jurisdiction over a Chilean company's quest to rope an Italian contractor's U.S. assets into a bid to collect on a $139 million arbitration award.
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October 01, 2025
Fla. Judge Shuts Down Firm's Fee Fight With Film Producer
A Florida judge on Tuesday dismissed a long-running suit by a Miami law firm against a Hollywood producer after finding the firm had abandoned its opportunity to pursue its claim over allegedly unpaid attorney fees by waiting two years to find successor counsel after its last attorney withdrew.
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October 01, 2025
NFL Arbitration In Coaches' Bias Suit Paused During Redo Bid
The NFL's arbitration process in former Miami Dolphins coach Brian Flores' racial discrimination dispute will be paused while his motion to reconsider the ruling compelling the arbitration is being decided, a New York federal judge has ordered.
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October 01, 2025
Ford Loses Bid To Overturn $13M Verdict In IP Dispute
A Michigan federal judge on Tuesday said he wouldn't touch a verdict awarding $13 million to a California-based vehicle technology supplier that alleged Ford Motor Co. profited from misappropriating a trade secret related to the supplier's interface module product, finding the jury had "substantial" evidence to find in favor of the tech company.
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October 01, 2025
Travelers Unit Owes $3M In Apartment Defect Settlement
A Travelers unit owes $3 million to cover the bulk of a subcontractor's $4.5 million settlement over botched work at a Clemson University student housing development, a Georgia federal court ruled, finding the subcontractor's primary carrier responsible for only $1 million under a single policy period.
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October 01, 2025
InterDigital Wants Disney's Video Tech Antitrust Case Tossed
Wireless technology company InterDigital Inc. has asked a Delaware federal judge to dismiss an antitrust suit brought by Disney that claims InterDigital isn't offering reasonable licenses on patents for streaming video, saying the entertainment giant's claims were either deficient or time-barred.
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October 01, 2025
4th Circ. Won't Rethink Dance Teachers' Use Of 'Inspire' Name
The Fourth Circuit has rejected a North Carolina charter school's request to reconsider blocking two former teachers from using the name "Inspire" for their dance company, dealing the school another blow in its trademark infringement and false advertising suit.
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October 01, 2025
Mass. Court May Reluctantly Back DQ In Cannabis Feud
A "frustrated" intermediate appellate court in Massachusetts appeared unlikely Wednesday to second-guess a lower court's disqualification of counsel in a dispute over control of a cannabis business, even as it questioned whether it would make any difference in the ultimate outcome.
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September 30, 2025
McKinsey Trims Endo Suit But Can't Nix Indemnification Claim
A New York bankruptcy judge trimmed an adversary suit Monday claiming McKinsey & Co. Inc. should pay at least $1.5 billion to cover costs bankrupt pharmaceutical developer Endo International racked up defending against opioid claims, tossing nearly all allegations with leave to amend, but greenlighting an indemnification claim.
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September 30, 2025
Banker Defamed Jack Nicklaus After Pact Ended, Jury Told
Jack Nicklaus told a Florida state court jury on Tuesday that a banker and his associates defamed him after discontinuing a 15-year business relationship, saying their public relations campaign intentionally smeared his reputation after he refused to make a deal with Saudi Arabia.
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September 30, 2025
3rd Circ. Parses 'Could' And 'Would' In Lipitor Lawsuit
A Third Circuit panel questioned Tuesday whether drug wholesalers and health plans had offered enough evidence that Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay generic competition for the cholesterol drug Lipitor, focusing on whether the U.S. Food and Drug Administration would have approved the competitor earlier than November 2011.
Expert Analysis
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Google Damages Ruling Offers Lessons For Testifying Experts
The Federal Circuit's recent decision in EcoFactor v. Google represents a shift in how courts evaluate expert testimony in patent cases, offering a practical guide for how litigators and testifying experts can refine their work, says Adam Rhoten at Secretariat.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Rocket Mortgage Appeal May Push Justices To Curb Classes
Should the U.S. Supreme Court agree to hear Alig v. Rocket Mortgage, the resulting decision could limit class sizes based on commonality under Rule 23 of the Federal Rules of Evidence as opposed to standing under Article III of the U.S. Constitution, say attorneys at Carr Maloney.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Employer Best Practices For Navigating Worker Separations
As job cuts hit several major industries, employers should take steps to minimize their exposure to discrimination claims, information leaks and enforcement challenges, such as maintaining sound documentation, strategic planning and legal coordination, says Mark Romance at Day Pitney.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
IRS Should Work With Industry On Microcaptive Regs
The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.