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Commercial Contracts

  • 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.

  • July 21, 2025

    NCAA Says Ohio NIL Case Ruling Ends NC Spat

    The end of a name, image and likeness suit several states away further substantiates that antitrust claims against the National Collegiate Athletic Association were filed too late, according to a filing in North Carolina Business Court.

  • July 21, 2025

    Oil Equipment Co. Says Agent At Fault For Lack Of Coverage

    An oilfield equipment supplier said it is facing potential liability exceeding $1.3 million because of its insurance agent's negligence, telling a Texas state court the agent failed to timely notify the company's cyber insurer after a hacking incident.

  • July 21, 2025

    Insurance Cos. Say They Already Paid For Warehouse Damage

    Two insurance companies asked a Texas federal court to issue judgment as a matter of law in a lawsuit brought by a warehouse owner over roof damages, saying Monday not all the damages to the warehouse's roof were covered under the policy.

  • July 21, 2025

    DOL Rescinds ERISA Guidance On Citi Racial Equity Program

    The U.S. Department of Labor rescinded a Biden-era opinion letter Monday that had backed Citi's commitment to pay fees for diverse investment managers overseeing Citi-sponsored benefit plans regulated by the Employee Retirement Income Security Act, saying the letter no longer reflected the department's views.

  • July 21, 2025

    Robinson & Cole Ducks Recruiter's Contract Breach Suit

    A Connecticut federal judge has granted summary judgment to Robinson & Cole LLP in a legal recruiter's contract breach suit, determining that under its terms with the recruiter, none of the information disclosed to a second company violated the original agreement between the two sides. 

  • July 21, 2025

    Top 4 Texas Cases To Watch: A Midyear Report

    Several major cases are taking shape in the Lone Star State, including the Southwest Airlines Pilots Association's suit seeking to hold Boeing accountable for lost revenue after the 737 Max was grounded, as well as the continuing fallout of a former Houston judge's romance scandal that could cost a Texas firm millions of dollars. Here's a look at the top cases to watch in Texas through the rest of the year.

  • July 21, 2025

    Pot Drink Co.'s Case Belongs In Arbitration, Stoel Rives Says

    Stoel Rives LLP and a group of its clients are urging a California federal court to send a fraud suit brought by a maker of nonalcoholic cannabis drinks back to arbitration, arguing all the claims are subject to a valid arbitration agreement.

  • July 18, 2025

    Law360 Names 2025's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.

  • July 18, 2025

    Texas Panel Says RE Funds Can Bar Manager, For Now

    A Texas appellate court mostly kept intact a court order barring the former manager of multiple commercial real estate funds from interfering with the funds going forward, saying the funds had done enough to show the former manager was undercutting their financial interests.

  • July 18, 2025

    4th Circ. Remands Insurance Award Feud Over FAA Confusion

    In a published decision that refers to the Federal Arbitration Act as "not a triumph of legislative draftsmanship," the Fourth Circuit on Friday overturned the enforcement of an arbitral award favoring health insurance service providers that is being challenged over an arbitrator's alleged conflict of interest.

  • July 18, 2025

    Texas Appeals Court Says City Wanted Too Much In Royalties

    A Texas appeals court affirmed a lower court's ruling against the city of Crowley, Texas, on Thursday, finding that the city's energy agreement with TotalEnergies E&P USA Inc. requires gas royalty payments to be calculated solely based on the market value of the gas at the point of sale.

  • July 18, 2025

    Chancery Fast-Tracks Game Co. Suit Over $250M Earnout

    A shareholder representative for a popular video game franchise won a Delaware Chancery Court partial fast-track Friday in a suit accusing the company's South Korean buyer of scheming to sabotage the acquired company's most promising game sequel to avoid paying a $250 million deal earnout bonus.

  • July 18, 2025

    Off The Bench: Latest NASCAR Win, Trans Athlete Fights Ban

    In this week's Off The Bench, Michael Jordan's racing team fails to bounce back right away from a tough defeat in its battle with NASCAR, a transgender woman fights a last-minute expulsion from a college women's track and field event, and a football player sees his window to playing an extra college season slammed shut by the NCAA and the Seventh Circuit.

  • July 18, 2025

    Insurer Improperly Took $7M From Letter Of Credit, Court Told

    A unit of a Qatar-based insurance company accused a U.S.-based insurer in North Carolina federal court of improperly drawing down roughly $7 million from a letter of credit that was part of one set of reinsurance transactions to pay for its obligations under another completely separate reinsurance transaction.

  • July 18, 2025

    Yale Says Patient Data Breach Suit Lacks Specifics

    Yale New Haven Health Services Corp. is urging a Connecticut federal court to toss a proposed class action over a March ransomware attack that allegedly may have affected millions of people, arguing patients haven't shown that the state's largest healthcare system violated any legal duties or contracts.

  • July 18, 2025

    Franchisee Stole Biz Model, College Advising Co. Says

    A college consulting company accused a former franchisee of doing business under false pretenses, poaching the company's proprietary methods and walking away to start a new venture, according to a complaint filed in North Carolina federal court.

  • July 18, 2025

    Supply Co. Looks To Spur New Judge Amid NC Staff Shortage

    A medical supply procurement company on Friday sought to hasten the assignment of a new judge to its contract suit against a pharmaceutical middleman after the previous judge retired, acknowledging there are staffing issues in the Western District of North Carolina but saying the "serious case" needs attention to stay on track.

  • July 18, 2025

    Pillsbury Atty Fights Sanctions In Nurse Wage-Fixing Case

    A partner with Pillsbury Winthrop Shaw Pittman LLP told a Nevada federal court he should not be sanctioned for using a poor choice of words when communicating with the government about the availability of an expert witness during a wage-fixing and wire fraud trial.

  • July 18, 2025

    Insurer Asks To Be Freed From Mass Shooting Coverage

    A home insurer has told a North Carolina federal court it should not have to cover an underlying lawsuit brought against the parents of a teen mass shooter by victims and family members of decedents, since its policy does not cover intentional acts, among other reasons.

  • July 18, 2025

    Armstrong Teasdale Adds Former CLO As A Litigator In Miami

    A former chief legal officer at professional services company Indelible has joined Armstrong Teasdale LLP as a litigation counsel in Miami.

  • July 18, 2025

    Student Housing Investor Says Partner Flouted LLC Contract

    A Tennessee-based company with a stake in a property manager for a Colorado student housing property has lodged a breach of contract suit against its Denver-based business partner, alleging the partner failed to provide more than $3.6 million to improve and repair the property and wrongfully refused to sell its membership interest after not putting up the funds.

  • July 18, 2025

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

    This past week in London has seen the former owner of British oil refinery Prax Group sued following the collapse of his business empire, a unit of Shard Credit Partners target a married couple believed to have inflated the value of their companies before selling them, and Aerofoil Energy reignite patent action against AFE Group over the design of its F1-inspired cooling units.

Expert Analysis

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • Negotiating Triparty Hotel Agreements To Withstand Risk

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    Brewing economic uncertainty in the hospitality industry underscores the importance of subordination, nondisturbance and attornment agreements, and hotel managers should tightly negotiate these agreements to ensure remedies will not disturb key rights, say attorneys at Sidley.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • Independent Contractor Rule Up In The Air Under New DOL

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    In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.

  • Key Questions When Mediating Environmental Disputes

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    As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • Notable Q1 Updates In Insurance Class Actions

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    The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • Reviving A Dormant Criminal Statute In Antitrust Prosecution

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    The U.S. Department of Justice is poised to revive a dormant misdemeanor statute to resolve bid-rigging charges against a foreign national, providing important context to a recent effort to entice foreign defendants to take responsibility for pending charges or face the risk of extradition, say attorneys at Axinn.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

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    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

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