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Commercial Contracts

  • July 07, 2025

    ESPN, NFL Skewer Jets Legend's Suit Over Doc Portrayal

    ESPN and NFL Films are looking to escape a lawsuit that Mark Gastineau, a former New York Jets defensive end, brought against them over their portrayal of him in a "30 for 30" documentary, telling a New York federal court the onetime defensive player of the year granted the companies full access to his image and likeness and surrendered any right to approve its use.

  • July 07, 2025

    Catching Up With Delaware's Chancery Court

    In Delaware in the past week, a vice chancellor awarded just $1 in damages to a China-tied company looking to secure a $50 million stake in SpaceX while also slamming the fund's manager for acting "insincerely," Tyson Foods won $55 million in damages in a suit claiming the owner of two poultry rendering plants Tyson acquired hid that it relied on a "disfavored" practice of recovering "unappetizing remnants of butchered chickens," and a suit over a one-site bank's 11-aircraft fleet was moved into the discovery phase.

  • July 07, 2025

    Fla. Condo Says Chubb Insurer Lowballed Hurricane Claim

    A nonprofit Florida condominium owner is urging a federal court to reject a Chubb subsidiary's final summary judgment bid against the nonprofit's hurricane coverage suit, arguing that the insurer offered only $23,801 for property damage that eventually resulted in the nonprofit receiving an award of more than $7.2 million.

  • July 07, 2025

    Judge Blocks Demolition Contract Switch At Pa. Power Plant

    A demolition contractor that claimed to have been locked out of the former Homer City Generating Station in Western Pennsylvania can resume work and regain access to the equipment and scrap materials the company took as payment for the job, a state court judge has ruled.

  • July 04, 2025

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

    The past week in London has seen the owner of Crystal Palace and the troubled Olympique Lyonnais football clubs sue its current chief executive John Textor, Fieldfisher faces a claim by Georgian businessman Zaza Okusahvili, and a dispute partner at Travers Smith file a personal injury claim against the firm.

  • July 03, 2025

    Calif. Justices Say Ford Can't Arbitrate Fiesta And Focus Suits

    Ford Motor Co. cannot force drivers who allege defects in their Focus and Fiesta vehicles to take their claims to arbitration, the California Supreme Court ruled Thursday, rejecting the automaker's argument that the dispute flows from dealership sales contracts containing arbitration provisions that it can invoke.

  • July 03, 2025

    NY Landlord Sues Walmart, Others In Del. Alleging Fraud

    A New York City landlord sued Walmart Inc. and the bankruptcy successor to Bonobos Inc. in Delaware's Court of Chancery late Thursday, asserting hundreds of million in claims and compensatory and punitive damages under both Delaware and New York law arising from an allegedly fraudulent transfer of a Fifth Avenue retailer's lease and obligations.

  • July 03, 2025

    Merchants' Suit Against Bank And Payment Co. Gets Trimmed

    An Ohio federal judge has trimmed two online merchants' claims that bank Pathward Financial Inc. and its partner payment company PayNetWorx LLC misrepresented fees and their compliance with card network rules, saying certain contracts may hold the bank liable for the payment company's alleged fraud but may bar some other claims.

  • July 03, 2025

    7th Circ. Cuts Chicken Price-Fixing Atty Fees Again

    A Seventh Circuit panel reduced a $51.6 million fee award for class counsel who took on alleged price-fixing among the country's biggest producers of broiler chickens to about $47 million Wednesday, saying the district court made one easily-correctable error.

  • July 03, 2025

    NY Co. Looks To Halt Arbitration Over $280M Loan Deal

    A New York real estate company has sued an Australian finance broker in federal court, seeking emergency relief to halt an ongoing $11.2 million arbitration in Singapore stemming from an allegedly fraudulent scheme related to a $280 million loan for a luxury condo project in Tribeca.

  • July 03, 2025

    Genentech's $122M MS Drug Royalties Case Ends In Mistrial

    A California federal judge declared a mistrial Thursday after jurors reached an impasse in Genentech Inc.'s $122 million breach of contract case over patent royalties from sales of Biogen MA Inc.'s multiple sclerosis medicine, telling the parties she's open to Genentech's suggestion that they forgo a jury for the retrial.

  • July 03, 2025

    Anthem Dodges Most Claims In Lab's $3.8M Insurance Suit

    A federal judge has dismissed a lab's $3.8 million suit against Anthem Blue Cross Blue Shield of Connecticut over nearly 3,000 unpaid insurance claims related to medical testing, finding the majority were barred by anti-assignment provisions, ERISA preemption and contractual time limits.

  • July 03, 2025

    50 Cent Faces Uphill Battle To Stop Release Of Horror Film

    A California federal judge appeared ready Thursday to reject 50 Cent's efforts to stop the release of a horror film that allegedly uses the rapper's name and likeness without authorization, saying he's "skeptical" of the request and unclear about how the rapper's reputation would be harmed by the film's release. 

  • July 03, 2025

    Fla. Court Rejects Oral Pact Cutting Loan Interest To 7%

    A Florida state appeals court has sided with a Nevada-based lender, reversing an oral agreement to reduce interest on a $2.6 million loan from 25% to 7%, saying such agreements must be in writing.

  • July 03, 2025

    Circuit-By-Circuit Recap: Justices Send Message To Outliers

    It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.

  • July 03, 2025

    The Moments That Shaped The Universal Injunction Case

    The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.

  • July 03, 2025

    Cannabis Co. Nectar Sues Chicago Atty For $500K

    A Chicago attorney and his business partner are accused of defrauding Oregon-based cannabis company Nectar in a federal lawsuit that claims they promised to secure an Illinois license for the company but instead walked away with hundreds of thousands of dollars.

  • July 03, 2025

    The Firms That Won Big At The Supreme Court

    The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.

  • July 03, 2025

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.

  • July 03, 2025

    The Biggest Rulings From Mass. High Court So Far In 2025

    Massachusetts' top court has tackled a controversial housing initiative, the thorny issue of qualified immunity for public employees and even a high-profile murder case in the first six months of 2025.

  • July 02, 2025

    The Biggest Patent Rulings Of 2025: A Midyear Report

    A ruling by the full Federal Circuit invited greater scrutiny of patent damages testimony, and the U.S. Patent and Trademark Office's acting director established new criteria for rejecting patent challenges. Here's a look at the top patent decisions from the first half of 2025.

  • July 02, 2025

    Charter Company On The Hook For Bruce Willis Flight Mishap

    A Texas appeals court panel on Wednesday mostly kept intact a decision finding a private jet company tasked with transporting Bruce Willis on the hook for repairs after the plane had problems starting, saying that contract language made the company responsible for repairs.

  • July 02, 2025

    Genentech's $122M IP Fight Against Biogen In Jury's Hands

    Genentech Inc. wrapped a California federal trial Wednesday over claims that Biogen MA Inc. wrongly withheld $122 million in royalties for supplies of Biogen's multiple sclerosis drug, reminding jurors that Biogen's own internal projections showed it owing royalty payments in the years after the main patent expired in December 2018.

  • July 02, 2025

    2nd Circ. Affirms NY Court Can't Nix Swiss Arbitration Loss

    The Second Circuit on Wednesday affirmed that an arbitral award issued by a Swiss tribunal to a Singapore company in a dispute over a medical imaging joint venture cannot be vacated in New York, concluding in a published opinion that the court lacks the power to do so.

  • July 02, 2025

    Tyson Wins $55M In Del. After Poultry Rendering Plants Trial

    A Delaware judge awarded $55 million in damages Wednesday to Tyson Foods Inc. arising from its $866 million acquisition of poultry rendering plants in Georgia and Alabama, finding after trial that American Proteins Inc. concealed past recycling of slaughter wastewater sludge and fraudulently induced the deal.

Expert Analysis

  • Hints Of Where Enforcement May Grow Under New sa¹ú¼Ê´«Ã½

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    Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the sa¹ú¼Ê´«Ã½ seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.

  • Assessing Jurisdictional Issues In 2nd Circ. Bank Audi Case

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    The Second Circuit's reasoning last month in Raad v. Bank Audi that the exercise of personal jurisdiction must be based on conduct taking place within the jurisdiction reminds foreign financial institutions to continually monitor how plaintiffs are advocating for an expansive view of personal jurisdiction in the U.S., say attorneys at Freshfields.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • Mitigating Import Risks Around Southeast Asian Solar Cells

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    The U.S. Department of Commerce's recent final determinations in its antidumping and countervailing duty investigations into solar cells produced in certain Southeast Asian countries make it important for U.S. purchasers to consider risk mitigation strategies, including modifying supply chains and contractually assigning import responsibilities, say attorneys at Morgan Lewis.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Tracking The Evolution Of Liability Management Exercises

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    As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • Negotiating Triparty Hotel Agreements To Withstand Risk

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    Brewing economic uncertainty in the hospitality industry underscores the importance of subordination, nondisturbance and attornment agreements, and hotel managers should tightly negotiate these agreements to ensure remedies will not disturb key rights, say attorneys at Sidley.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

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