Commercial Contracts

  • May 14, 2025

    6th Circ. Won't Send Bitcoin Latinum Suit To Arbitration

    A Michigan federal judge was right to find that cryptocurrency firm Bitcoin Latinum can't send investor fraud claims to arbitration after waiting two years to seek that option, the Sixth Circuit has determined.

  • May 14, 2025

    CFPB Junks Plans For Data Broker, Contract Clause Rules

    The Consumer Financial Protection Bureau said Wednesday that it is mothballing several more Biden-era regulatory initiatives, calling off planned rules that would have, among other things, required data brokers to comply with credit reporting-style protections.

  • May 14, 2025

    Chicken Price-Fixing Atty Fees Challenged Again At 7th Circ.

    A class objector in Chicago's massive consolidated suit over broiler chicken price-fixing is again urging the Seventh Circuit to vacate an attorney fee award for class counsel in a $181 million deal for chicken buyers, saying the district court erred in calculating the $51.66 million awarded on remand.

  • May 14, 2025

    Insurer Ends Case Blaming Panda Express For Water Leak

    An insurance company on Wednesday dropped its case seeking more than $176,000 from Panda Express Inc. for damages allegedly caused when grease-filled pipes at one of the chain's restaurants backed up and leaked water into a clothing store covered by the insurer.

  • May 14, 2025

    Regeneron-Amgen Trial Goes To Jury With An Extra Day

    Federal jurors started deliberating on a Regeneron Pharmaceuticals Inc. antitrust suit late Wednesday accusing Amgen Inc. of tripping up Regeneron's anti-cholesterol drug insurance eligibility by illegally bundling Amgen's competing version with rebates for two unrelated drugs, with potential triple damages in the balance.

  • May 14, 2025

    Oilify Cleared Of Infringement In Oil Field Product Patent Suit

    A Texas federal court has granted a win to the designer and distributor of a device used to separate gas and solids from oil collection in a suit accusing them of infringing a trio of patents.

  • May 14, 2025

    Tripwire Moves To End Explosives Suit Over Licensing Issues

    Tripwire South, its affiliate Tripwire Aviation and executive Ryan Morris urged a Pennsylvania federal court to dismiss Bizzell Corp.'s fraud and contract claims, arguing Bizzell's failure to obtain proper government licenses made delivery of military-grade explosives legally impossible.

  • May 14, 2025

    Aetna, Cigna Can't Nix Suit Over Late Emergency Benefit Bills

    A Connecticut federal judge ruled Wednesday that Aetna and Cigna can't fully escape a suit from six air ambulance companies claiming the insurers owe $20 million in unpaid or late bills to cover emergency services, ruling they have the legal authority to seek the missing cash.

  • May 14, 2025

    2nd Circ. Has Tough Questions On Nixing Medical Imaging Award

    The Second Circuit appeared divided on Wednesday on whether parties to a medical imaging joint venture could agree to designate New York courts to decide whether to vacate an arbitral award issued in Switzerland under their contract without violating an underlying treaty.

  • May 14, 2025

    Titanium Distributor Seeks Enforcement Of $3.6M Award

    A North American distributor for one of the world's largest titanium manufacturers has petitioned a Colorado federal court to enforce a $3.6 million arbitral award it won against an Italian supplier on a breach of contract claim stemming from the Russian invasion of Ukraine.

  • May 14, 2025

    ITC To Probe Nokia Patent Claims Against Acer And Others

    The ITC has voted to investigate a patent complaint by Nokia against Acer, Asus and Hisense after the telecom giant accused them of infringing its patents with their video-capable laptops, desktop computers, handheld computers, tablets, televisions, projectors and components and module products.

  • May 14, 2025

    Hydroponics Giant, Former Exec. Settle Firing Suit

    A Michigan entrepreneur who claims a hydroponics giant improperly fired him and withheld at least $800,000 in executive compensation has agreed to a deal that will end his breach of contract lawsuit, with a Colorado federal judge signing off on the permanent dismissal on Wednesday.

  • May 14, 2025

    Zillow Settles StreetEasy Fees Suit With NY Real Estate Firm

    Zillow has settled a proposed class action filed in Washington federal court by a New York real estate firm that accused the online real estate company of charging agents daily fees for listing properties on its StreetEasy platform, even after a listing agent's name was obscured online by another agent.

  • May 14, 2025

    Total Vision Reaches Deal Ending VSP Antitrust Case

    Optometry practice owner Total Vision has reached an agreement to end its antitrust case accusing eye care insurance giant Vision Service Plan of requiring anticompetitive terms in its contracts before trying to force Total Vision to sell at a dramatically reduced price.

  • May 14, 2025

    Starbucks, Ex-VP Settle $830K Bonus Repayment Suit

    Starbucks has struck a deal with a former senior vice president the company previously accused of failing to repay part of his $1 million signing bonus after he quit, according to filings in New Jersey federal court Tuesday.

  • May 14, 2025

    Biotech Firm Verax Tells Court Eviction Could End Company

    Biotech company Verax Biomedical Inc. has said it faces the prospect of going out of business unless a Massachusetts judge agrees to block its landlord from proceeding with an eviction, at least through the end of its current lease.

  • May 14, 2025

    Walmart Hit With $223M Verdict In Trade Secrets Fight

    An Arkansas federal jury has awarded Zest Labs Inc. nearly $223 million in a suit that had accused Walmart of swiping the startup's trade secrets related to shelf-freshness technology.

  • May 14, 2025

    Biogen Sues Ex-Collaborator Over Rights To Drug Tech

    Biogen said its partner on a since-shelved Alzheimer's drug is trying to claim rights to an unrelated novel therapeutic that the Massachusetts company recently shared with the Swiss partner under a confidentiality agreement, according to a lawsuit filed Tuesday.

  • May 13, 2025

    Feds Challenge Montana Tribes' Full Police Funding Demand

    The U.S. Department of the Interior is asking a federal court to deny two Montana tribes a summary judgment win in their challenge over inadequate police funding, arguing the agency has gone above and beyond what the Indian Self-Determination and Education Assistance Act requires for money allocations.

  • May 13, 2025

    Pot Payment Co. Wants Court To Enforce $1.3M Deal

    A Boulder, Colorado, fintech company said its former business associates in a failed joint venture to create a cannabis payment system cannot be trusted to pay the $1.3 million settlement meant to end all claims of fraud, urging a Nevada federal court to step in and force them to follow through.

  • May 13, 2025

    X Says Elon Musk Can't Sit For Media Matters Deposition

    X Corp. told a Texas federal judge that left-leaning watchdog Media Matters for America cannot make billionaire CEO Elon Musk sit for a deposition in X's disparagement suit, saying Musk lacks specific knowledge about the case and is "one of the busiest men on the planet."

  • May 13, 2025

    Kansas City Bank Fights Ex-Detainees' Debit Fee Case

    A Kansas City, Missouri-based bank urged a Washington federal judge to dismiss a class action from former detainees who said they were hit with illegal card fees to get back money confiscated from them, arguing that the bank has made changes to comply with a federal electronic fund transfers law.

  • May 13, 2025

    Ski Resort Owner Offers Alternative Fixes After Antitrust Loss

    A New York ski resort operator is offering alternative remedies for a state court to consider after it found the owner violated antitrust law by acquiring a rival ski operation and shutting it down, despite a call from enforcers for a sale of the property to another operator.

  • May 13, 2025

    Regeneron-Amgen Drug Bundling Trial Heads Toward Jury

    An economics expert called by Amgen Inc. told a Delaware federal jury Tuesday that none of the company's deals to bundle other discounted major medications with its cholesterol-reducing drug Repatha foreclosed market competition, a day before jurors begin deliberating on an antitrust suit targeting the practice.

  • May 13, 2025

    Target Slapped With Class Action Over IPhone Warranties

    Target Corp. is facing a proposed class action alleging it misled cellphone buyers about who is responsible for repairs, how much repairs cost and the warranty terms for its phones.

Expert Analysis

  • 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.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Tracking The Evolution Of Liability Management Exercises

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    As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.

  • 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.

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