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Commercial Contracts

  • November 17, 2025

    'Astounding' Holland & Knight Conduct Drives Liability Ruling

    Holland & Knight LLP has forfeited a malpractice lawsuit in Alaska by refusing to turn over information to a Native American corporation, with a state judge entering a default judgment as a sanction and calling the firm's conduct "a head scratcher" and "astounding."

  • November 17, 2025

    Gibson Dunn Seeks Exit From Josh Cellars TM Royalties Case

    With a February trial date looming, Gibson Dunn & Crutcher LLP has asked a Connecticut state judge's permission to stop representing the former president of a company behind the popular "Josh Cellars" wine brand, claiming unpaid legal bills and an alleged breakdown of the attorney-client relationship require its withdrawal.

  • November 17, 2025

    NC Hospital Data Sharing Class Gets $2.45M Deal, $750K Fee

    A North Carolina Business Court judge gave final approval Monday to a $2.45 million class action settlement for almost half a million patients who accused a health system of sharing sensitive information with Meta Platforms Inc., with class counsel securing $750,000 in attorney fees.

  • November 17, 2025

    9th Circ. Strikes Down Trans Patients' Win In ACA Bias Case

    The Ninth Circuit upended a win Monday for patients who challenged Blue Cross Blue Shield of Illinois' administration of their employer-provided health plans containing gender-affirming care exclusions, ordering a lower court to reexamine the case in light of intervening authority from the U.S. Supreme Court.

  • November 17, 2025

    Senior Home Referral Site Must Face False Ad Claims

    A senior living placement site must face a false advertising suit filed by a Georgia assisted living home alleging the platform runs on a pay-to-play model, as a federal judge said he wasn't buying Caring.com's defense that its advertising was innocuous "puffery."

  • November 17, 2025

    Fla. Panel Says Co. Isn't 'De Facto Defendant,' Denies Fee Bid

    A Florida state appellate court has ruled that a construction company isn't a "de facto defendant" in an ancillary proceeding for a charging lien, denying the company's bid to recover attorney fees that it spent fighting the lien in a case that initially started as an insurance lawsuit.

  • November 17, 2025

    Mobix Sues SPAC Backers Over Alleged $30M Funding Failure

    A California-based semiconductor-technology company has sued its former special purpose acquisition company sponsor, affiliated investment groups and their chief executive in the Delaware Chancery Court, accusing them of creating a scheme of false funding assurances that left the company undercapitalized when it entered the public markets in 2023.

  • November 14, 2025

    9th Circ. Judge Rips Feds For 'Trying To Suppress Speech'

    A Ninth Circuit panel expressed doubts Friday about the Trump administration's request to reconsider an order reinstating billions of dollars in University of California research grants in light of a recent U.S. Supreme Court ruling, with one judge objecting that "the government is trying to suppress, to penalize speech."

  • November 14, 2025

    Tendit, Ex-CEO Settle Rent Dispute Lawsuit

    A facility services company and its former CEO reached a settlement that "reflects no admission of liability by any party" last month to resolve a lawsuit between the two in which the company said the former executive increased the company's rent with her real estate business before resigning.

  • November 14, 2025

    Stanford Credit Union Says Pig Butchering Scam Suit Misfires

    Stanford Federal Credit Union has asked a federal judge to toss claims alleging it failed to reasonably investigate fraud allegations by a couple who claim they lost $600,000 in a so-called pig butchering investing scam, arguing the wire transfers are outside the Fair Credit Billing Act's scope.

  • November 14, 2025

    DC Circ. Mulls Reviving Guinea $21M Award Suit

    A D.C. Circuit panel on Friday appeared open to reviving a Seychelles company's bid to enforce an arbitral award of more than $21 million against the Republic of Guinea, focusing oral arguments on whether the country "made" the underlying arbitration agreement even if it wasn't a party to it.

  • November 14, 2025

    Colo. Energy Co. Says It's Out $750K Due To Faulty Meters

    A Colorado energy and gas company sued a Canadian company, saying the defendant sold it nearly $750,000 worth of faulty multiphase flow meters and ignored requests for a refund.

  • November 14, 2025

    Texas Justices Wall Off Shareholder Claims Against 3rd Party

    The Texas Supreme Court found that individual shareholders have no right to bring direct claims against an outside party that has an agreement with the shareholders' company, saying Friday that they instead must file suit on behalf of the company they hold ownership in.

  • November 14, 2025

    Ethiopian Importer Asks Court To Enforce $5M Arbitration Win

    An Ethiopian import company has asked a California federal court to enforce a $5.3 million arbitral award against a medical supply company following a dispute over a botched contract.

  • November 14, 2025

    Junior Hockey Players Fight Wage Case Dismissal In Appeal

    Junior hockey players have asked the Ninth Circuit to reverse a lower court toss of their wage suppression suit against the National Hockey League and Canadian leagues, arguing that the territorial reach of U.S. antitrust laws gives United States federal courts jurisdiction.

  • November 14, 2025

    Calif. Properties Off-Limits For Now In $300M Award Fight

    A New York federal judge won't allow a group of companies to take over two multimillion-dollar Napa Valley, California, properties in their bid to enforce a more than $300 million arbitral award in their dispute with fellow shareholders of a Latin American telecommunications company.

  • November 14, 2025

    Employers Urge Justices To Reverse DC Circ. Pension Ruling

    Employers that withdrew from a union pension fund urged the U.S. Supreme Court to reverse the D.C. Circuit's holding on actuarial assumptions requirements for calculating withdrawal liability, arguing the appellate court misread federal benefits law by deciding that a union pension plan could retroactively change assumptions.

  • November 14, 2025

    Fla. Court Nixes $120K Fee Award In Soured Real Estate Deal

    A Florida appeals court on Friday reversed an award of $120,000 in attorney fees for the business partner of a real estate lawyer after an agreement to buy and operate an Orlando office building fell apart.

  • November 14, 2025

    Keesal Young Fights Stradley Ronon Bid To Ax Poaching Suit

    Claiming that scheming and collusion is an "everyday" occurrence should not absolve a law firm from civil liability for poaching attorneys, California firm Keesal Young & Logan has told the Los Angeles County Superior Court, saying Stradley Ronon Stevens & Young LLP should not escape its suit on claims that its lawyer recruitment is normal.

  • November 14, 2025

    Taxation With Representation: Wachtell, Paul Hastings, Sidley

    In this week's Taxation With Representation, Pfizer Inc. completes its acquisition of obesity drug developer Metsera Inc., motion and controls technologies company Parker-Hannifin Corp. acquires Filtration Group Corp., and fund administrator JTC PLC backs a cash offer in the billions from British private equity shop Permira.

  • November 14, 2025

    Photographer Sues Gilead For Continued Use Of Ad Images

    A photographer sued Gilead Sciences Inc., claiming the pharmaceutical giant had used a set of images he'd taken for an advertisement series long after it knew its license for the photos expired.

  • November 13, 2025

    NC Biz Court Bulletin: Rulings Spotlight Coverage Clashes

    The North Carolina Business Court plowed into the fourth quarter with two big decisions in insurance disputes that involved $50 million in COVID-19-related losses at a chain of outlet malls, and an industrial accident at a Nucor Corp. iron plant in Louisiana.

  • November 13, 2025

    Texas Court Says Landowner Doesn't Have To Sell $22M Plot

    A Texas Business Court judge ruled that a landowner doesn't have to go forward with a previously planned $22.5 million sale of 20.8 acres of land because the buyer terminated the deal.

  • November 13, 2025

    Wash. Court Upholds Pot Shop's $1.4M Win In Fraud Case

    A Washington state cannabis entrepreneur and his associates must pay every bit of a $2.6 million judgment over claims he siphoned profits from a marijuana dispensary he was contracted to manage, a state appellate court ruled Wednesday, finding no fault with the bench trial and rejecting challenges to the plaintiff's forensic accounting expert.

  • November 13, 2025

    Contract 'Mystifies' Judge Weighing Ammo Tech Secrets Suit

    A North Carolina Business Court judge appeared mildly vexed at the terms of an employment contract underpinning an ammunition technology trade secrets suit, acknowledging in a Thursday hearing that "it's not the best worded contract in the history of the world."

Expert Analysis

  • How Bankruptcy Law Caps Landlords' Rejected Lease Claims

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    With corporate bankruptcy filings for the first half of the year at a 15-year high, landlords should be prepared for commercial tenants to use the bankruptcy process to reject unwanted leases in order to lessen corporate footprints and improve liquidity, say attorneys at Mintz.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • How To Address Tariff-Related Risks In Commercial Contracts

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    Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • A New IP Game Plan For College Football Players

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    For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.

  • 11th Circ. Ruling Shows Federal Question Jurisdiction Limits

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    The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • Opinion

    The Fallout Of Drake's Defamation Suit Against UMG

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    Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • 2 Appellate Rulings Offer Clickwrap Enforcement Road Map

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    Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.

  • SDNY Ruling Reinforces Joint Steering Committee Obligations

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    The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

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