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Commercial Contracts

  • July 07, 2025

    Newark Property Buyer Wins Appeal Over Axed $32.8M Sale

    A New Jersey appellate panel on Monday upheld a trial court's ruling that a real estate investment firm properly terminated its $32.8 million purchase agreement for a mixed-use building in Newark after receiving a noncompliant estoppel certificate from one of the tenants, rejecting the seller's argument that the certificate's deficiencies were immaterial.

  • July 07, 2025

    Ex-Essential Oil Co. Manager Gets 6 Years For Fraud

    A former manager of an essential oils company was sentenced to nearly six years in federal prison Monday for his role in an embezzlement scheme that stripped his employer of more than $29 million and awarded him millions in kickbacks he hid from the IRS, according to the U.S. Department of Justice.

  • July 07, 2025

    DC Court OKs $7.6M Award Against Niger In Airport Dispute

    A D.C. federal judge has enforced a 12-year-old arbitral award worth some $7.6 million against Niger in a fight brought by a Luxembourg subsidiary of British aviation services company Menzies following a soured deal to operate ground handling services at the African country's airports.

  • July 07, 2025

    Ex-Leerink Banker Can't Get Redo On Unpaid Bonuses Claim

    A Massachusetts federal judge declined on Monday to rethink partially tossing a former Leerink Partners employee's suit alleging she was cheated out of millions of dollars in bonuses, rejecting the worker's argument that new evidence should change the court's mind.

  • July 07, 2025

    Energy Co. Says $7.6M Award Result Of 'Classic' Contract Law

    An energy company that ended a contract with a Houston Ship Channel facility over a lack of dock space is asking an appeals court to back its $7.6 million award, writing that the lack of availability was a clear violation of its original agreement.

  • July 07, 2025

    George Clinton Faces Sanctions Bid In IP Suit

    Music executive Armen Boladian has asked a Florida federal court to sanction funk legend George Clinton, saying he was raising issues already adjudicated in their decades-long series of legal disputes.

  • 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.

Expert Analysis

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • The Revival Of Badie Arbitration Suits In Consumer Finance

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    Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s 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 — 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’Connor.

  • 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.

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