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Commercial Contracts

  • July 11, 2025

    6th Circ. Tosses Arbitration Denial In FCA Minivan Fire MDL

    A Michigan federal judge flubbed it when he denied Fiat Chrysler's bid to push into arbitration some of the plug-in hybrid minivan drivers who claim in multidistrict litigation that their vehicles could spontaneously explode, the Sixth Circuit ruled Thursday, saying the judge tipped the scales against the automaker by raising arguments the drivers hadn't mentioned.

  • July 11, 2025

    5th Circ. Cites Expert Errors In Rejecting BP Spill Sinus Claims

    The Fifth Circuit has ended a cleanup worker's toxic tort lawsuit against BP Exploration & Production Inc. claiming he suffered sinus issues from cleaning up the 2010 Deepwater Horizon spill, saying his experts' testimony, some of which was riddled with errors, was properly ejected by the trial court.

  • July 11, 2025

    SEC Says $140M Ponzi Funded Lifestyle, Campaign Donations

    The U.S. Securities & Exchange Commission sued First Liberty Building & Loan LLC and owner Edwin Brant Frost IV in Georgia federal court, alleging Frost defrauded 300 investors out of $140 million in a Ponzi scheme that fueled Frost's lavish lifestyle and his donations to Republican campaigns totaling six figures.

  • July 11, 2025

    Amgen Eyes New Trial After Regeneron's $407M Antitrust Win

    Amgen urged a Delaware federal judge in documents made public Friday to overturn a nearly $407 million antitrust and tortious-interference verdict in favor of Regeneron, saying there was a serious lack of evidence shown to the jury.

  • July 11, 2025

    4th Circ. Backs 'GT Racing' Gaming Chair Social Media Block

    The Fourth Circuit on Friday upheld a lower court's decision blocking gaming chair company Wudi Industrial from using the trademark "GT Racing" in its social media accessible in European countries for certain goods.

  • July 11, 2025

    Courts Face Early Push To Expand Justices' Injunction Ruling

    In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts. 

  • July 11, 2025

    Fed. Circ. Questions Patent Ownership After J&J's $20M Loss

    The Federal Circuit appeared somewhat skeptical Friday that an orthopedic surgeon held onto the rights of knee replacement patents that he disputably assigned elsewhere, which would endanger the $20 million infringement verdict he won against a Johnson & Johnson unit.

  • July 11, 2025

    Real Estate Co. Says Pa. Title Insurer Missed Invalid Deed

    A real estate company claims its title insurance company missed an invalid deed on a Philadelphia row house it purchased in 2020, negating years of ownership and investment in the property, according to a lawsuit filed in state court.

  • July 11, 2025

    Netlist Judge To Query Jurors Post-Trial Over Voir Dire Replies

    A California federal judge considering Samsung's bid for a fourth trial in its contract fight with Netlist on grounds that three jurors allegedly lied during voir dire told the parties Friday that he'll question those jurors about why they didn't disclose their involvement as parties in unrelated civil proceedings.

  • July 11, 2025

    Hospitals Used Retirement Forfeitures For Self-Gain, Suit Says

    A North Carolina hospital system cost workers millions in savings by using forfeited matched funds in its retirement plan to cover its own contribution obligations instead of reducing plan expenses paid by employees, according to a new proposed class action filed in federal court.

  • July 11, 2025

    Florida Insurer Sued For Alleged Bias In Arbitration Process

    A 92-year-old Miami resident has brought a petition against one of Florida's largest property insurers over redirecting disputes away from courts and into state arbitration hearings, described as forums with biased administrative law judges who shield the company from legal liability. 

  • July 11, 2025

    Capgemini Asks Judge To Toss MoneyGram Data Breach Suit

    Capgemini America Inc. has asked a Texas federal judge to toss a suit from MoneyGram Payment Systems Inc. blaming the IT company for a sweeping data breach, saying it never had access to the data that cybercriminals absconded with in September 2024.

  • July 11, 2025

    HOA Is Pushing Out Country Club Owner, NC Suit Says

    A Florida country club operator asked a North Carolina judge to find that it controls a Charlotte-area country club and golf course within a gated community, alleging that a homeowners association has refused to recognize the company as the club's owner.

  • July 11, 2025

    Fla. Panel Sends Trampoline Park Injury Suit To Arbitration

    A Florida appeals court on Friday ruled that a trampoline park operator can arbitrate a suit brought by a man who suffered injuries in a bathroom fall, saying the trial court erred by finding that bathroom mishaps were not covered by the park's arbitration clause.

  • July 11, 2025

    Sales Org. Hits Texas Payment Co. With Contract Suit

    A Texas-based provider of prepaid mobile recharge and payment solutions was sued in Georgia federal court by Boom Commerce, an independent sales organization, over alleged violations of a merchant processing application and agreement for payment processing services.

  • July 11, 2025

    Schulte Roth Can't Claw Back $38M In Rent From SL Green

    A New York state court judge ruled that Schulte Roth & Zabel LLP can't claw back $38 million in rent paid to landlord SL Green Realty during the height of the coronavirus pandemic, finding that a Y2K era rent abatement clause is only applicable if the landlord fails to provide service.

  • July 11, 2025

    Nonparties Object To 'Oppressive' Subpoenas In Contract Suit

    An apartment complex and a contractor told the North Carolina Business Court that a construction company that filed suit, seeking to prove it was jilted by a subcontractor on more than $13 million worth of electrical work, is overreaching in its request for communications from them.

  • July 11, 2025

    11th Circ. Won't Reinstate Worker's ERISA Arbitration Award

    A divided Eleventh Circuit panel refused to restore a former water treatment company director's arbitration award of about $129,000 on claims that he should've been offered severance when demoted to a consultant, saying an arbitrator erroneously decided a federal benefits law claim the worker never raised.

  • July 11, 2025

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

    This past week in London has seen HS2 hit with a defamation claim by two ex-employees who blew the whistle on alleged under-reporting of costs, Craig Wright and nChain face legal action brought by its former chief financial officer over a fraud scheme, and pro-footballer Axel Tuanzebe bring a clinical negligence claim against his former club Manchester United F.C. Here, Law360 looks at these and other new claims in the U.K.

  • July 10, 2025

    Punitive Damages Ruling Deferred In Jack Nicklaus' Fla. Suit

    A Florida state court judge deferred a decision on whether he'll overrule a previous order denying punitive damages in a defamation lawsuit brought by former professional golfer Jack Nicklaus against a company he founded and two of its officers, saying there must be enough evidence to find that reprehensible misconduct occurred.

  • July 10, 2025

    Chubb Units Say Conn. City Owes $1.8M For Water Main Break

    Two Chubb units told a Connecticut federal court that the city of New Britain must reimburse them for over $1.8 million in coverage payments for a water main break that they said caused severe flood damage, arguing local authorities took too long to step in.

  • July 10, 2025

    Construction Equipment Co. Says Dealer Withheld $3M

    A Japanese construction machinery company told a Texas federal court that an Amarillo-based equipment dealer has failed to pay several invoices and continues to hold onto about $3 million worth of equipment, asking the court to order the dealership to turn over the equipment.

  • July 10, 2025

    'Admonition' But No More Amazon Penalty For Hidden Docs

    A federal judge in Washington state took Amazon.com to task Thursday for "bad faith" material review that labeled tens of thousands of documents as covered by attorney-client privilege despite involving no legal advice, but the judge, who is presiding over the Federal Trade Commission's Prime subscriptions case against the company, opted against further punishment.

  • July 10, 2025

    Judge Trims IP Claims In Voice Actors' Suit Against AI Co.

    A New York federal judge ruled Thursday that two voice actors accusing an artificial intelligence startup of cloning their voices for narration software without permission can proceed with their state-level claims, but their trademark and most of their copyright claims must be dismissed for now.

  • July 10, 2025

    Apple, Visa And Mastercard Beat Payment Fee Collusion Suit

    An Illinois federal judge on Wednesday dismissed several retailers' proposed antitrust class action that accused Apple, Visa and Mastercard of scheming to restrain competition in point-of-sale transaction payment networks, saying the express terms of agreements retailers had claimed were anti-competitive showed otherwise.

Expert Analysis

  • What To Expect From Trump's Deputy Labor Secretary Pick

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    President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • 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.

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