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Commercial Contracts

  • September 09, 2025

    Pa. Justices Seem Split On Uber's 'Clickwrap' Arbitration Link

    The Pennsylvania Supreme Court appeared unsure about whether arbitration agreements linked in apps like Uber adequately inform consumers that they're giving up the right to a jury trial by using services, with some justices commenting during oral arguments Tuesday that more explicit warnings couldn't hurt and others saying they could muddle the state's contract laws.

  • September 09, 2025

    Ski Mountain Owner Points To Google Remedies Decision

    A New York ski mountain owner is citing the recent remedies decision in the Google search antitrust case as it looks to avoid selling one of its properties after the court found it violated state law by purchasing and closing a neighboring mountain ski park.

  • September 09, 2025

    Nestlé Wins Singapore Court Battle Over Thai Coffee Dispute

    A court in Singapore refused on Tuesday to set aside an arbitral award favoring Swiss food and drink conglomerate Nestlé in a dispute with a Thai coffee magnate over a nixed deal by which his company served as the sole producer of Nescafé instant coffee in Thailand.

  • September 09, 2025

    Woman Says Co.'s Auto Insurer Owes $7.5M Crash Judgment

    A woman injured in a crash with a food service distributor's employee said the company's insurer must pay for a $7.5 million judgment entered in her favor, telling a Connecticut federal court Tuesday that the carrier failed to protect its insureds.

  • September 09, 2025

    Heartland To Pay $18M For Charges On School Lunch Cards

    Heartland Payment Systems LLC will pay $18.25 million to approximately 5.6 million parents and caretakers to resolve a class action alleging it levied unfair surcharges when they deposited lunch money onto school-sponsored reloadable cards used by their kids, according to a final settlement approval motion filed Monday in Florida federal court. 

  • September 09, 2025

    WNBA Warned Of Fed Antitrust Probe Over Conn. Sun Sale

    U.S. Sen. Richard Blumenthal is the latest Connecticut political figure to publicly fight to keep the WNBA's Sun franchise in the state, telling Commissioner Cathy Engelbert that the league's "interference" in the team's sale could be a federal antitrust violation.

  • September 09, 2025

    Alfa Insurance Beats Ga. Church In Fire Coverage Dispute

    Alfa Insurance Corp. won't owe any coverage for a metro Atlanta church's 2022 fire after notching an early win Tuesday on its claims that the church lied about prior property damage on its policy application.

  • September 09, 2025

    Franchise Law Firm Can't Dump Trash Co.'s Malpractice Suit

    A Charlotte, North Carolina-based law firm can't escape a trash compactor company's claims that it botched franchise agreements in 2019 and 2020, after a federal judge said it was too early for a final ruling on a statute of limitations defense.

  • September 09, 2025

    3rd Circ. Told Cigna's 'Private Label' Stelara May Alter Market

    A Johnson & Johnson subsidiary told a Third Circuit panel it would be "difficult" to calculate its potential monetary losses if a Cigna subsidiary were to launch its own version of an anti-inflammatory treatment, particularly if it permanently changed the market by giving the insurance giant a "private label" version that pharmacies would give preference over the original.

  • September 08, 2025

    Cleo AI Must Face Military Lending Suit Over Cash Advances

    Cleo AI must face an Army staff sergeant's proposed class action alleging it employs predatory lending practices through its cash advances that exceed the Military Lending Act's annual percentage rate cap on consumer credit, after a Washington federal judge said Monday the advances constitute as "credit" under the statute. 

  • September 08, 2025

    'Disappointed' Alsup Wants More Info On $1.5B Anthropic Deal

    U.S. District Judge William Alsup has declined to sign off on Anthropic's proposed $1.5 billion settlement with authors accusing the artificial intelligence developer of copyright infringement, saying he's "disappointed that counsel have left important questions" unanswered and instructing the parties to provide more information by the end of the month.

  • September 08, 2025

    DC Circ. Probes Sovereign Immunity In Nazi Art Case

    The D.C. Circuit on Monday grappled with whether claims asserted by the descendants of Hungarian Jewish art collectors over artwork stolen during the German occupation of Hungary are barred under sovereign immunity, focusing on how to delineate an "occupation."

  • September 08, 2025

    Ex-Franchisee: College Biz Suit A 'Play For Leverage'

    A lawsuit accusing a college consultant of breaching a contract with a former franchising company is nothing more than a "play for leverage" in an ongoing legal battle crossing state lines, consultant Gurpartap "Sunny" Grewal told a North Carolina federal court Friday.

  • September 08, 2025

    Las Vegas Man Gets 7 Years For $1.4M Fraud Scheme

    A Las Vegas man who pled guilty to charges related to defrauding investors out of $1.4 million, largely for a phony cannabis manufacturing venture, was sentenced to seven years in prison by a New York federal judge in a Friday order that more than doubled the maximum time prosecutors sought.

  • September 08, 2025

    Playboy Secures $81M Arbitration Win Over Ex-Licensee

    Playboy Inc. said Monday it has been awarded damages of approximately $81 million by an international arbitration tribunal against a former Chinese licensee.

  • September 08, 2025

    Court Tosses Benefits Co.'s Atty Fee Claim Against Insurer

    An Illinois federal court on Monday threw out a benefits administration company's counterclaim for attorney fees under a state statute relating to "vexatious and unreasonable" conduct by insurers, finding that the company failed to support its claims that an insurer engaged in such conduct with sufficient facts.

  • September 08, 2025

    11th Circ. Says Cos.' 20-Year Contract Fight Properly Ended

    The Eleventh Circuit won't revive fastener and components supplier Whitesell Corp.'s contract fight with household appliance maker Electrolux and a lawn and garden equipment-maker spinoff company, saying it will not disturb various court rulings that led to a nearly $9 million jury verdict after 20 years of litigation.

  • September 08, 2025

    Biz Groups Ask Justices To Shield Freight Brokers From Suits

    Business and trucking trade groups asked the U.S. Supreme Court to smooth out splintered circuit court rulings that have exposed freight brokers to patchwork liability for state-based negligence claims, saying there could be lasting disruptions to the supply chain if the justices don't intervene.

  • September 08, 2025

    Phone Dealer, Freight Co. Settle Suit Over Stolen Shipment

    PCS Wireless LLC and RXO Capacity Solutions LLC have reached a settlement in the cellphone dealer's lawsuit over a stolen shipment and a contentious discovery dispute, according to a joint notice filed in a North Carolina federal court.

  • September 08, 2025

    Pa. Top Court Snapshot: Clickwrap Agreements, Mail-In Votes

    The Pennsylvania Supreme Court will return from its summer break with a couple of familiar issues, including the heavily litigated issue of discarding undated mail-in ballots and a much-anticipated review of common "clickwrap" agreements for apps and websites. Here are some of the cases the state's justices will hear in their Sept. 9-11 session.

  • September 08, 2025

    Dem Sens., AGs Increase Pressure On DOJ's HPE Merger Deal

    The controversial Justice Department settlement clearing Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks drew further pushback from Democratic senators and state attorneys general who respectively sought answers from U.S. Attorney General Pam Bondi and told a California federal judge to reject the deal.

  • September 08, 2025

    NBA Taps Wachtell To Probe Possible Cap Scam By Clippers

    Wachtell Lipton Rosen & Katz, which has led two previous probes into misconduct by NBA franchises that pushed their owners to sell the teams, has been retained by the league to investigate reported circumvention of the salary cap for superstar Kawhi Leonard by the Los Angeles Clippers.

  • September 08, 2025

    Fla. Judge May Sever Claims In Ex-NRA Lobbyist's Suit

    A Florida federal judge said he may proceed with severing a contract breach claim in a former lobbyist's lawsuit against the National Rifle Association and order it refiled in Virginia after ruling that the nonprofit could enforce a valid forum selection clause.

  • September 08, 2025

    9th Circ. Denies CoStar's Bid To Rehear Antitrust Ruling

    A Ninth Circuit panel rejected a call to revisit the court's June decision reviving claims alleging that real estate information service CoStar monopolizes several commercial real estate listing markets through exclusive deals with brokers and technological barriers for competitors.

  • September 08, 2025

    5th Circ. Reinstates $2.4M Award In Hair Product Co.'s IP Suit

    The Fifth Circuit has restored a $2.4 million jury award to a hair product company in its trademark infringement trial win over a rival, ruling a district court judge was wrong to throw out the verdict and the company had shown evidence the infringement hurt its business.

Expert Analysis

  • Tariff Strategies For The US Renewable Energy Sector

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    The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • As Tariffs Hit The Radar, PE Counsel Should Review Strategies

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    As tariffs compound existing challenges in the private equity sector, counsel should consider existing headwinds such as interest rates and industry-specific impacts like supply chains and pricing power, which may help mitigate risks and capture opportunity, says Nathan Viehl at Thompson Coburn.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • Mass. Suit Points To New Scrutiny For Home Equity Contracts

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    The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

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    A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

  • Hints Of Where Enforcement May Grow Under New sa¹ú¼Ê´«Ã½

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    Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the sa¹ú¼Ê´«Ã½ seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.

  • Assessing Jurisdictional Issues In 2nd Circ. Bank Audi Case

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    The Second Circuit's reasoning last month in Raad v. Bank Audi that the exercise of personal jurisdiction must be based on conduct taking place within the jurisdiction reminds foreign financial institutions to continually monitor how plaintiffs are advocating for an expansive view of personal jurisdiction in the U.S., say attorneys at Freshfields.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • Mitigating Import Risks Around Southeast Asian Solar Cells

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    The U.S. Department of Commerce's recent final determinations in its antidumping and countervailing duty investigations into solar cells produced in certain Southeast Asian countries make it important for U.S. purchasers to consider risk mitigation strategies, including modifying supply chains and contractually assigning import responsibilities, say attorneys at Morgan Lewis.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

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