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Commercial Contracts

  • July 23, 2025

    Firm Can't Arbitrate After Filing Suit, 4th Circ. Says

    A Maryland law firm and a debt buyer cannot force a debt collection dispute into arbitration, the Fourth Circuit ruled Wednesday, finding they waived their right to arbitrate when they filed their own collective action.

  • July 23, 2025

    7th Circ. Revives Part Of Solar Firm's Panama Grid Suit

    The Seventh Circuit on Tuesday largely upheld an Illinois federal judge's ruling that Spanish energy company Avanzalia Solar could not pursue its claims that Goldwind Americas blocked and delayed access to the Panamanian power grid.

  • July 23, 2025

    Bird Marella And Bioscience Client Accused Of $87M Fraud

    An investment group that includes a "Toy Story" screenwriter is suing a Culver City, California-headquartered bioscience company and its Bird Marella attorneys in California state court, accusing them of manipulating the valuation of a company whose acquisition they funded, in order to defraud investors of $87 million.

  • July 22, 2025

    Investor Sanctioned For Ignoring Telecom Arbitration Award

    A New York federal judge has sanctioned an investor in telecommunications infrastructure firm Continental Towers LATAM Holdings Ltd. for ignoring an arbitral award issued in a bitter, yearslong dispute over control of the company, saying he hasn't done enough to vacate offending judgments in the British Virgin Islands.

  • July 22, 2025

    Wash. Appeals Court Affirms Biz Tax Rule For Drop Shippers

    The Washington Court of Appeals upheld the state's rule on Tuesday that out-of-state wholesalers in drop shipment transactions are subject to a business tax when the customer that ultimately receives the product is within the Evergreen State's borders, rejecting a challenge from California IT distributor Synnex.

  • July 22, 2025

    NY Judge Backs Calif. Bioscience Co. In $15M Arbitration Row

    A New York federal judge has ruled that a California-based bioscience company can enforce an arbitration award rejecting a more than $15 million claim asserted by a Hong Kong biopharmaceutical firm, saying there is no genuine dispute since the biopharmaceutical firm failed to respond.

  • July 22, 2025

    DOJ Backs Door Maker's Divestiture Order In 4th Circ. Appeal

    The U.S. Department of Justice cleared a door maker's merger twice by the time a rival challenged the tie-up in court and won a landmark divestment order, but now the government is standing behind the company that won the order and asking the Fourth Circuit to keep it in place.

  • July 22, 2025

    Sandals Owes Longtime Ad Partner $50K In Copyright Trial

    Resort giant Sandals owes nearly $50,000 to a former, longtime, advertising partner for copyright infringement regarding 33 photos and videos, a Florida federal judge ruled Monday following a bench trial, but found that over 600 other claimed works don't qualify for damages.

  • July 22, 2025

    Fubo Streamers Get Own Attys In Disney Suit

    DiCello Levitt and Lite DePalma have won out over Bathaee Dunne in a battle to represent FuboTV subscribers suing Disney over ESPN streaming rates, with a judge saying he had "grave doubts" that Yavar Bathaee could adequately represent the plaintiffs after Bathaee undercut their case in a status conference.

  • July 22, 2025

    Fair Use Carveout Applies To Med Device Repairs, Judge Says

    A D.C. federal judge has shot down two industry groups' challenge to a rule that placed medical device diagnostic procedures and repairs under fair use copyright exceptions, saying all of their challenges under the Administrative Procedure Act were unpersuasive.

  • July 22, 2025

    Jordan's Team Says NASCAR Is Trying To 'Rewrite History'

    Michael Jordan's NASCAR team 23XI Racing accused the private stock car racing organization of filing a bad faith countersuit in the parties' antitrust battle, using it to extract a valuable aspect of a joint charter agreement.

  • July 22, 2025

    Pot Co. Claims Landlord Stole Trade Secrets, Started Rival Co.

    A Los Angeles dispensary and cannabis grower has claimed that its landlord, the Art Rubinstein Family Trust, lured it into a business partnership so the landlord could steal trade secrets and later coerce the tenant into extending its lease, according to a lawsuit filed in California state court.

  • July 22, 2025

    Ex-Bank Worker's 401(k) Suit Must Be Arbitrated, 5th Circ. Told

    A Laredo, Texas-based bank told the Fifth Circuit Monday that a former worker should be forced to arbitrate a proposed class action claiming the company failed to prudently invest employee retirement funds, even though the provision was added after his employment ended.

  • July 22, 2025

    Viks Demand End To Deutsche Bank's 'Egregious' Norway Suit

    Billionaire Alexander Vik and his daughter have opened a new front in a 12-year litigation war with Deutsche Bank AG over an outstanding $243 million judgment, arguing in a Connecticut federal court complaint that the financial giant must end its own "vexatious" lawsuit against them in Norway because the issues were already decided in the Viks' favor.

  • July 22, 2025

    Lathrop GPM Adds Partner To Chicago Office

    Lathrop GPM LLP has added a new Chicago-based partner to its tort, insurance and environmental practice group, the firm announced Monday, saying her practice primarily focuses on defending clients against product liability claims and claims involving exposure to toxic substances and transportation-related injuries.

  • July 22, 2025

    Amazon Pushes Back On FTC's Trial Time Extension Bid

    Amazon has urged a Washington federal court to reject the Federal Trade Commission's bid to extend the agency's trial time in a lawsuit over automatically recurring Prime subscriptions, calling the proposal both unfair and baseless.

  • July 22, 2025

    Whitman Breed Asked To Set Aside $3.8M Amid Lease Fears

    Connecticut law firm Whitman Breed Abbott & Morgan LLC should set aside $3.8 million to satisfy its landlord's fears that a wave of departures has rattled the firm's finances and may jeopardize its lease of a 16,000-square-foot Greenwich office, a property manager testified Tuesday.

  • July 22, 2025

    Transportation Cases To Watch: Midyear Report 2025

    Litigation concerning whether local delivery drivers qualify as transportation workers exempt from arbitration and clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers are among the court battles that transportation attorneys are watching in the latter half of 2025.

  • July 21, 2025

    Insurer Can't Get New Trial After $1.75M Loss, 11th Circ. Says

    The Eleventh Circuit on Monday upheld a $1.75 million verdict a Georgia church won against its insurance company in a storm damage coverage dispute, ruling that the insurer largely abandoned its defenses against the judgment before the case ever landed in front of the appellate panel.

  • July 21, 2025

    Intel, VLSI Clash Over Ownership Verdict Effect In Patent Fight

    VLSI Technology argued Monday that a聽federal jury's finding that Fortress Investment Group controls it and Finjan Holdings doesn't save Intel Corp. from a patent infringement case against the technology giant, while Intel asserted the exact opposite.

  • July 21, 2025

    Software Co.'s Ex-CEO Claims Fraud 'Infects' $9M Award

    The founder and former chairman of a software investment company has asked a New York federal judge to set aside an order enforcing a $9 million arbitral award against him, claiming a Pakistani court ruled the company engaged in a fraudulent scheme that infected the entire arbitration.

  • July 21, 2025

    Not Enough Similarities To Apply DOJ Ad Tech Win: Google

    Google urged a New York federal judge not to let website publishers, advertisers and others lock the company into the Justice Department's win in a separate Virginia federal court monopolization lawsuit over its advertising placement technology business, arguing the cases have key differences in facts and circuit standards.

  • July 21, 2025

    Guinea Tells DC Circ. $22M Award Can't Be Enforced

    The Republic of Guinea has urged the D.C. Circuit not to revive a consulting company's bid to enforce a $22 million arbitration award, saying a lower court correctly found that it was unclear whether the country agreed to arbitrate the dispute in the first place.

  • July 21, 2025

    Danish Furniture-Maker Looks To Arbitrate $25M Fraud Suit

    Luxury furniture-maker BoConcept has urged a federal court to order two businessmen who purchased franchise rights for three of its Southern California stores to arbitrate their $25 million fraud claim in Denmark.

  • July 21, 2025

    Calif. High Court Says Biotech Investor Suit Belongs In Del.

    The California Supreme Court on Monday ruled that a lawsuit pursued by a minority investor alleging San Diego-based EpicentRx and its officers bamboozled investors belongs in Delaware Chancery Court, rejecting arguments that enforcing the biopharmaceutical company's forum selection clause violated Golden State jury trial protections.

Expert Analysis

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women鈥檚 History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • Lessons Learned From SAS' Flight Through Chapter 11

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    Scandinavia's SAS is the first European airline to find its wings through the U.S. Chapter 11 process since COVID-19 rocked the aviation industry 鈥 and while the process involved some familiar steps, certain complex jurisdictional issues and non-U.S. stakeholders required the carrier to venture into uncharted airspace, says Emily Hong at Norton Rose.

  • Bankruptcy Ruling Provides Guidance On 363 Asset Sales

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    HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.

  • Anticipating Calif. Oversight Of PE Participation In Healthcare

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    A new bill recently introduced in the California Senate revives last year's attempt to increase oversight of healthcare transactions involving private equity groups and hedge funds, meaning that attorneys may soon need to assess the compliance status of existing management relationships and consider modifying contract terms, says Andrew Demetriou at Husch Blackwell.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O鈥機onnor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • If Elphaba Had Signed A Restrictive Covenant In 'Wicked'

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    Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • Notable Q4 Updates In Insurance Class Actions

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    In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes 鈥 complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch鈥檚 authority, says attorney Bhavleen Sabharwal.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    鈥淣o comment鈥 is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy

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    A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.

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