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Commercial Contracts

  • August 13, 2025

    FTC Closes Antitrust Probe Of Calif. Truck Emissions Pact

    The Federal Trade Commission has closed an antitrust investigation into Daimler, Volvo and other heavy-duty truck manufacturers after they swore off an agreement brokered with California regulators to abide by heightened emission standards.

  • August 13, 2025

    NY Blasts Ski Resort Owner's 11th-Hour Antitrust Remedy

    New York is urging a state court to reject a belated proposal from the owner of a ski resort that he enact price controls instead of adhering to the state's demands that he sell the property after he was found responsible for violating antitrust laws.

  • August 13, 2025

    Texas Judge Says Hoosiers Player Can Stay On Team For Now

    A Texas state court judge granted a temporary court order allowing a defensive back for the Indiana University Hoosiers to stay on the team despite a five-year eligibility cap for college athletes, saying during a Wednesday hearing he could not see how keeping the order would harm the NCAA.

  • August 13, 2025

    OpenAI, Microsoft Beat Musk's RICO Claims In For-Profit Fight

    OpenAI and Microsoft again beat Elon Musk's racketeering claims in his lawsuit challenging OpenAI's now-abandoned pivot to a for-profit enterprise, after a California federal judge said Tuesday the amended allegations do not provide details on how the companies ran the enterprise through a pattern of racketeering activity.

  • August 13, 2025

    Oil Co. Calls Partner's Field Tech Misuse 'Catastrophic'

    A Houston oilfield equipment company has told a state court that Baker Hughes Oilfield Operations LLC has continually ignored its warnings about how to safely use its drilling equipment, setting the company up for a "catastrophic event" in the field.

  • August 13, 2025

    11th Circ. Doubts Timeliness Of Ex-NFL Player's Benefits Suit

    A former NFL player's bid to restart his suit seeking additional benefits from a disability retirement plan faced tough questions at the Eleventh Circuit on Wednesday, with multiple judges questioning how his claims weren't time-barred when the record showed an initial benefits denial occurred nearly 20 years ago.

  • August 13, 2025

    Tribe Says Studio Mogul Can't Demand Jury In $2.8M Debt Suit

    The Mohegan Tribal Gaming Authority says a former Hollywood studio mogul can't ask a jury to hear a $2.8 million gaming debt lawsuit because tribal law does not allow civil jury trials and because the indebted gambler's defenses don't qualify for a jury trial in Connecticut state court, either.

  • August 13, 2025

    Buchanan Ingersoll Wins $614K Over Unpaid NJ Legal Bills

    A New Jersey federal judge on Wednesday awarded Buchanan Ingersoll & Rooney PC more than $614,000 in unpaid legal fees for work the firm did for three former clients whose checks bounced and were written on non-existent accounts.

  • August 13, 2025

    BakerHostetler Hires Cooley Securities Litigation Atty

    BakerHostetler has added an experienced litigator to its white collar, investigations and securities enforcement litigation and securities and governance litigation teams in New York, bringing with him more than 25 years of BigLaw experience, including most recently with Cooley LLP.

  • August 13, 2025

    Texas Malpractice Case Over Atty's Nixed Conviction Revived

    A Texas state appellate court on Wednesday revived a malpractice case filed by a now-deceased attorney whose forgery conviction was vacated, saying the trial court must determine whether she was actually innocent before deciding whether her malpractice claim against her criminal defense lawyer can proceed.

  • August 13, 2025

    AI Company Denied A Brief In Multiple Listing Service Dispute

    A Washington federal judge rejected an attempt by an artificial intelligence company to argue in a brief that a suit by real estate brokerage Compass against Northwest Multiple Listing Service is part of an anticompetitive litigation strategy.

  • August 13, 2025

    Flores Cites Gruden's Win Averting Arbitration In NFL Suit

    Fired former Miami Dolphins coach Brian Flores sent a letter to the Second Circuit arguing the recent decision by the Nevada Supreme Court not to send the dispute of former Las Vegas Raiders coach Jon Gruden to arbitration is pertinent to his efforts to avoid arbitration in his discrimination lawsuit against the NFL.

  • August 12, 2025

    Fanatics Loses Bid For Bar On Boies Schiller In Antitrust Row

    A New York federal judge Tuesday overruled Fanatics Inc.'s objection to an order requiring the sports collectibles company to turn over unredacted versions of licensing agreements to rival Panini America Inc., rejecting Fanatics' bid to place limits on Boies Schiller Flexner LLP attorneys who access the agreements.

  • August 12, 2025

    Lettuce Entertain You Accused Of Staging 'Corporate Coup'

    Restaurant management company Lettuce Entertain You and its owners abandoned a longtime business partnership and personal friendship to carry out a "sham transaction" that illegally redirected equity in Joe's Stone Crab restaurants to its own family-owned empire, an Illinois state court lawsuit alleges.

  • August 12, 2025

    Boeing Must Give Up 737 Max Docs In Jet Purchase Dispute

    A Washington federal judge said Tuesday that Boeing must hand over a decade of internal documents about the safety of the 737 Max to Norwegian Air Shuttle subsidiaries that claim the aerospace giant duped them into a jet purchase deal.

  • August 12, 2025

    Panama Hotel Looks To Confirm $1.25M Post-Pandemic Award

    A Panamanian casino-hotel owner has petitioned a Florida federal court to enforce an approximately $1.25 million arbitral award it won against several hospitality companies after they apparently fell behind on payments associated with the hotel during the COVID-19 pandemic.

  • August 12, 2025

    Solar Aircraft Co.'s Top Brass Hit With Investor Fraud Suit

    A majority shareholder of solar aircraft company Skydweller Aero Inc. has filed suit against the top brass of the U.S.-Spanish aerospace venture, claiming the CEO and others misled the shareholder about the company's "dire" financial condition and denied it access to critical financial information, obstructing its ability to evaluate its investment or exit its equity position.

  • August 12, 2025

    CenturyLink Can't Duck $1.3M Wash. 911 Outage Fine

    CenturyLink isn't going to be able to get out from under a $1.3 million penalty that Washington state slapped the telecom with after an outage in 2018 left people across the entire state unable to call 911 for two days, a state appeals court ruled.

  • August 12, 2025

    Title Co. Hits Atty With Malpractice Suit Over $2.5M Refi

    Fidelity National Title Insurance Co. on Monday filed suit in state court against a Connecticut attorney, alleging his oversight when issuing a loan policy of title insurance for a $2.5 million refinancing cost Fidelity $920,000.

  • August 12, 2025

    Texas Says Eli Lilly Offered Nursing Services As Kickbacks

    Texas sued Eli Lilly & Co. Inc. on Monday in state court, accusing the drugmaker of offering kickbacks in the form of administrative services to healthcare providers via illegal marketing and quid pro quo arrangements to push its most popular drugs.

  • August 12, 2025

    Delta, Aeromexico Defend Partnership From Antitrust Scrutiny

    Delta and Aeromexico are pushing back against the federal government's move to strip their joint venture of its antitrust immunity, saying the move would only punish Delta and American consumers, not the Mexican government for restricting access to Mexico City International Airport.

  • August 12, 2025

    Pa. Marina Can't Cite 1849 Law To Reopen Railroad Crossing

    A Pennsylvania federal judge on Tuesday rejected an attempt by the owner of a bar and marina south of Pittsburgh to claim an 1849 law in seeking to force railroad company CSX Transportation to reopen a rail crossing providing the only public access to the business.

  • August 12, 2025

    Biogen Says It Owes Nothing After $122M IP Royalties Mistrial

    Biogen MA Inc. urged a California federal judge to rule that it owes Genentech Inc. nothing in royalties related to expired patents, saying Genentech's argument for a $122 million award relies on "linguistic gymnastics," in a rare post-mistrial arrangement that will see the judge step in to deliver the verdict.

  • August 12, 2025

    AstraZeneca, Stockholders Far Apart In Merger Damages Tally

    Syntimmune Inc. stockholders and Alexion Pharmaceuticals have landed tens of millions of dollars apart in new tallies of interest owed after a Court of Chancery ruling in June that Alexion failed a "best efforts" duty to fulfill an autoimmune drug candidate deal.

  • August 12, 2025

    11th Circ. Suggests 'Bad Drafting' Led NCR To Benefit Liability

    The Eleventh Circuit signaled Tuesday that it will likely uphold an early win by former executives of a Georgia e-commerce company who said they were short-changed in payouts from a "top hat" benefits plan, telling the company it couldn't escape the "bad drafting" of its contract.

Expert Analysis

  • Trucking Litigation Will Shift Gears In The Autonomous Era

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    As driverless trucks begin to roll out across Texas, a shift in how trucking accidents will be litigated is swiftly coming into view, with the current driver-centered approach likely to be supplanted by a focus on the design, manufacture and performance of autonomous systems, says Geoffrey Leskie at Segal McCambridge.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

  • Google Case Amicus Briefs Reveal Patent Damage Fault Lines

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    The 21 amicus briefs filed before the en banc rehearing of EcoFactor v. Google offer opposing viewpoints on important patent damages issues that extend beyond the specific question the Federal Circuit eventually ruled on, helping practitioners anticipate and address likely objections to future damages opinions, say attorneys at Stout.

  • How Trucking Cos. Can Keep Rolling Under Tariff Burdens

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    Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.

  • Tariff Strategies For The US Renewable Energy Sector

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    The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • As Tariffs Hit The Radar, PE Counsel Should Review Strategies

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    As tariffs compound existing challenges in the private equity sector, counsel should consider existing headwinds such as interest rates and industry-specific impacts like supply chains and pricing power, which may help mitigate risks and capture opportunity, says Nathan Viehl at Thompson Coburn.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • Mass. Suit Points To New Scrutiny For Home Equity Contracts

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    The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

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    A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

  • 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.

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