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Commercial Contracts

  • July 01, 2025

    Unvaccinated Ex-Staffer Can Pursue Leaked Health Info Claims

    A Missouri appeals court on Tuesday revived a former hospital staffer's claims that her former employer failed to protect her medical records while she was a patient, leading to her coworkers finding out she was unvaccinated against the COVID-19 virus and them harassing her until she resigned.

  • July 01, 2025

    South African Investors Say Ga. Atty Kept Escrowed Funds

    Four companies whose members are South African real estate investors have accused a now-disbarred Georgia attorney and his law firm in Georgia federal court of refusing to return funds he agreed to receive, hold and disburse on their behalf.

  • June 30, 2025

    Argentina Must Turn Over YPF Stake, NY Judge Says

    Argentina must give up its 51% equity stake in the nationalized oil company YPF SA to partially pay off a $16.1 billion judgment in a pair of investor lawsuits, a New York federal judge ruled Monday, rejecting the country's argument that sovereign immunity shields the shares from turnover.

  • June 30, 2025

    UMG Says Drake Insults Are Just Trash Talk, Not Defamation

    Universal Music Group on Monday urged a New York federal judge to dismiss a defamation suit from hip-hop star Drake against the record label over the hit dis track "Not Like Us" by his rival Kendrick Lamar, casting Lamar's lyrics as opinion and hyperbole.

  • June 30, 2025

    Allergan Botox Patent Fight Headed To July Trial In Del.

    Allergan's lawsuit accusing two biotechnology companies of infringing patents related to Botox products is headed to trial in July after a Delaware federal judge rejected the parties' summary judgment arguments Monday.

  • June 30, 2025

    Trump And Paramount In 'Advanced' Talks To Settle $20B Suit

    President Donald Trump and CBS News' parent Paramount Global asked a Texas federal court on Monday to pause Trump's $20 billion lawsuit accusing the news company of deceptively doctoring a "60 Minutes" interview with former Vice President Kamala Harris, saying the parties are engaged in "advanced" settlement talks.

  • June 30, 2025

    Genentech Says Biogen Owes $122M Royalties As Trial Opens

    Genentech Inc. told a California federal jury Monday that Biogen MA Inc. owes $122 million in royalties for supplies of Biogen's multiple sclerosis drug that it manufactured before Genentech's patent expired in December 2018, while Biogen said the companies' licensing agreement doesn't require royalties for drugs sold after the patent expired.

  • June 30, 2025

    Aspen Hotel Investor Can't Get 2nd Go In $1M Fraud Suit

    A Colorado federal judge on Monday dismissed the bulk of claims against a luxury hotel owner accused of stealing more than $1.3 million from a former investment partner, ruling that the claims have already been litigated in New York state court.

  • June 30, 2025

    RTX Expands Contract Fight With New Breach Claim

    RTX Corp. said the consulting firm Delaware North America LLC missed deadlines and failed to deliver on an information technology services contract, in a breach of contract counterclaim filed in litigation that Delaware initiated.

  • June 30, 2025

    NRA Pushes To Move Florida Lobbyist's Suit To Virginia Court

    The National Rifle Association has asked a Florida federal court to transfer its former longtime lobbyist's lawsuit alleging wrongful use of her image out of state, arguing that she previously agreed to bring any legal actions involving the parties to courts in Virginia.

  • June 30, 2025

    Catching Up With Delaware's Chancery Court

    Delaware's Supreme Court was kept busy this past week with litigants' attempts to challenge its previous decisions, as well as those of Delaware's Court of Chancery, which included an argument that the state's high court incorrectly ruled in favor of energy company Boardwalk Pipeline Partners LP by rejecting the Chancery's decision upholding class claims branding the call-in of public shares unfair. In case you missed it, here's the latest from the Delaware Chancery Court.

  • June 30, 2025

    6th Circ. Says Venue Unclear In $28M Ford Supplier Dispute

    The Sixth Circuit on Monday ordered a Michigan federal court to reconsider whether a $28 million auto parts supplier dispute over the halting of orders for electric vehicle parts belongs in the U.S. or Mexico, finding the companies' evolving documents and conflicting venue clauses create too much ambiguity.

  • June 30, 2025

    Justices Won't Disturb 10th Circ. Oklahoma PBM Law Ruling

    The U.S. Supreme Court on Monday declined to hear the state of Oklahoma's challenge to a Tenth Circuit decision that found parts of a recently enacted law regulating pharmacy benefit managers were preempted by federal benefits laws and Medicare Part D, cementing an industry group's win in the case.

  • June 30, 2025

    Fla. Court Declines To Ax $70M 'Usurious' High-Rise Loan Suit

    A Florida federal bankruptcy judge Monday declined to toss a Chapter 11 adversary lawsuit claim that a lender attempted to take ownership of a prized high-rise lot in downtown Miami through a "usurious" $70 million loan default, allowing parties to reargue their positions after an amended complaint was filed.

  • June 30, 2025

    4 Mass. Rulings You May Have Missed In June

    A now-shuttered Boston firm scored a win in a legal malpractice lawsuit by a youth soccer program, while a securities brokerage found that the old adage "if at first you don't succeed, try, try again" doesn't apply to litigation, among other recent noteworthy decisions in Massachusetts state court.

  • June 30, 2025

    DraftKings Hammers Away At Suit Disputing Voided NBA Bets

    DraftKings is looking to sink a proposed class action that an aggrieved customer brought alleging the online betting giant cheated him out of a six-figure payout by canceling wagers he placed with faulty odds, telling an Indiana federal judge the lawsuit's central claims are "untenable."

  • June 30, 2025

    Consulting Firm Says Ex-Exec's Wage Suit Is In Wrong Venue

    Consulting firm Profit Drivers LLC, its sole member and its chief executive officer have asked a Connecticut federal judge to dismiss a suit brought by their onetime vice president and chief financial officer claiming he was never paid for his work, arguing they have no ties to the Constitution State.

  • June 30, 2025

    Judge Hits Pause On Civil RICO Suit Against NJ Power Broker

    A New Jersey judge has entered a consent order pausing a real estate developer's civil racketeering suit against influential South Jersey businessman George Norcross III, holding the parties' dispute in stasis until an appeal over the dismissal of a related criminal indictment can be resolved.

  • June 30, 2025

    Calif. Panel Chides Attys Who Hid Opponent's Inactive Status

    In a precedential ruling, a California appellate panel found a party whose counsel's license was made inactive should have been treated as though the attorney had died or been suspended, overturning a $70,000 fee award levied against a woman who was not informed that her lawyer was inactive.

  • June 30, 2025

    Conn. Firm Settles Ex-Client's Malpractice Suit Over Biz Sale

    Connecticut law firm Oberst DeFala Law PC and a former client have settled a malpractice lawsuit alleging attorney Sharon Oberst DeFala improperly represented both parties in a restaurant buyout and drafted an agreement that favored the seller, court records show.

  • June 30, 2025

    High Court Won't Weigh Class Standard In Junk Fax Row

    The U.S. Supreme Court on Monday declined to take up a dispute over whether online faxes are covered by the Telephone Consumer Protection Act and whether plaintiffs pressing these claims are required to show an administratively feasible way to identify class members.

  • June 30, 2025

    Justices Rebuff American Airlines' Bid To Revive JetBlue Pact

    The U.S. Supreme Court on Monday rebuffed American Airlines' bid to revive its codeshare agreement with JetBlue in Boston and New York.

  • June 30, 2025

    High Court To Hear Fight Over Investment Fund Suits

    The U.S. Supreme Court on Monday agreed to hear a case that could limit the ability of private parties to assert contract violations against investment funds, with one activist investor accusing several closed-end funds of shutting it out of its voting rights.

  • June 27, 2025

    Texas Justices OK Methodist Church's Suit Against SMU

    The Texas Supreme Court found the United Methodist Church has the right to sue Southern Methodist University over its attempted split, but in a Friday opinion drew short of saying the university filed false paperwork as part of the breakup.

  • June 27, 2025

    Biogen, Genentech May Stay Mum On Damages At Trial

    A California federal judge Friday discouraged Biogen and Genentech from discussing the "magnitude of the money at issue" during their upcoming breach of contract trial over alleged patent royalties due from sales of Biogen's multiple sclerosis medicine, noting that most of the jurors are "not of significant means."

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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