Commercial Contracts

  • March 18, 2025

    Norfolk Southern Asks Justices To Skip CSX's Antitrust Case

    There's no reason the U.S. Supreme Court should disturb a Fourth Circuit ruling finding railway giant CSX waited too long to bring an antitrust lawsuit against Norfolk Southern over a switching line the two companies have been fighting over for years now, Norfolk has told the justices.

  • March 18, 2025

    Amazon Denied Quick Appeal For E-Book Antitrust Claims

    A New York federal court denied Amazon's request to immediately appeal a district court's refusal to toss a proposed class action accusing it of monopolizing the e-book market, saying the e-commerce giant just disagrees with the decision.

  • March 18, 2025

    Curaleaf Cos. Say Illegal Contract Nixes Farm's $32M Verdict

    Curaleaf units that lost a $31.8 million trial in January are urging a Michigan federal court to wipe out the verdict, saying the contract at issue violates federal law, warranting either a judgment as a matter of law or a new trial.

  • March 18, 2025

    DraftKings Must Face Claims In MLB Players' NIL Suit

    DraftKings has failed to convince a Pennsylvania federal judge to toss a lawsuit against it claiming the company unlawfully used images of MLB players for promotional purposes, as the court rejected the argument that using the pictures was protected speech.

  • March 18, 2025

    Maynard Nexsen Adds 5 Constangy Employment Attys In LA

    Maynard Nexsen PC has brought a 5-lawyer team from labor and employment firm Constangy Brooks Smith & Prophete LLP to its Los Angeles office, bringing on a team that is experienced in management-side employment law and can converse in six languages.

  • March 18, 2025

    Hogan Lovells Adds Ex-Apis Atty Amid Expected M&A Pickup

    The former head of legal compliance at Apis & Heritage Capital Partners is now Hogan Lovells' head of New York financial institutions mergers and acquisitions, the firm announced Monday as it prepares for what it expects will be a rise in M&A activity.

  • March 18, 2025

    NC Dance Teams' TM Feud Likened To MLB Rivalry At 4th Circ.

    An attorney for a North Carolina charter school on Tuesday used one of the biggest rivalries in Major League Baseball to illustrate for the Fourth Circuit how two former teachers stole its alleged dance team trademark and used pictures of the school's team to trick parents.

  • March 18, 2025

    Whistleblower Says Perdue Farms' DOL Battle Is Premature

    A whistleblower pursuing retaliation claims against Perdue Farms Inc. at the U.S. Department of Labor over the company allegedly sending him unhealthy chickens to raise after he raised concerns about the company's sanitation standards urged a North Carolina federal judge to throw out the poultry producer's case, arguing the court lacks jurisdiction.

  • March 17, 2025

    Ex-Opioid Co. CEO Wants Out Of Law Firm's Billing Suit

    A convicted former CEO of an opioid distributor is urging a New York federal judge to dismiss his criminal defense firm's suit against him over an alleged unpaid $150,000 expert witness tab, saying the suit fails because of "the clear and unambiguous language of the retainer agreements."

  • March 17, 2025

    BYD Affiliate Beats Megaclaim Over N95 Mask Deal

    A company with corporate ties to Chinese electric vehicle company BYD Co. Ltd. has fended off a megaclaim over a supply contract for personal protective equipment asserted by a Florida medical supply company that sought hundreds of millions of dollars in damages.

  • March 17, 2025

    Judge Ends Ex-Ga. Tech Prof's Suit Over Finance Probe

    Two Georgia Tech auditors have escaped a malicious prosecution suit from a former professor over allegedly suspicious financial dealings by his startup that they flagged, as a Georgia federal judge said the professor "failed to provide evidence" his rights were violated.

  • March 17, 2025

    Wayne Gretzky Suing Co-Investor For Malicious Prosecution

    NHL legend Wayne Gretzky and his wife filed a lawsuit in California state court against a co-investor in a failed weight-loss business, whom he alleges lodged a meritless suit against him in 2022 to "score a quick payday" after accusing him of contributing to the demise of the company.

  • March 17, 2025

    Exxon Committed 'Straightforward Fraud,' Investors Say

    Exxon Mobil Corp. investors told a Texas federal court that the energy giant's antics surrounding its operations in Kearl Lake amount to a "straightforward fraud," and that the court should reject Exxon's bid for judgment as a matter of law.

  • March 17, 2025

    ITC Hears Strong Views On Import Bans For Essential Patents

    As the U.S. International Trade Commission reviews a case where a judge said Amazon infringed Nokia standard-essential patents, tech giants told the ITC that import bans should rarely be issued for such patents, while patent advocates said such orders are "unquestionably" allowed.

  • March 17, 2025

    Amazon Beats Investor Suit Over Third-Party Seller Practices

    A Washington federal judge on Monday tossed a consolidated proposed securities class action claiming Amazon and its top brass duped investors about the company's fulfillment capacity and third-party seller practices, finding the lawsuit doesn't sufficiently allege the executives were deliberately reckless or motivated to deceive shareholders.

  • March 17, 2025

    Burger King Workers Defend Revived No-Poach Case

    Burger King employees are defending their proposed class action over the fast-food chain's past use of no-poach provisions in its franchise agreements, as the restaurant urges a Florida federal court to toss the claims despite an appeals court reviving them in 2022.

  • March 17, 2025

    Wash. AG Backs Tribe's $400M Trespass Win Against BNSF

    The state of Washington has said the Ninth Circuit should uphold a trial judge's ruling that BNSF Railway Co. owes nearly $400 million for years of illegally running oil cars across tribal territory, arguing in an amicus brief the railroad must be held accountable for perpetuating "a pattern of disregard for the sovereignty of Native people."

  • March 17, 2025

    Insurer Drops Claims That Lamp Cos.' Negligence Caused Fire

    A Detroit cannabis farm and its insurance company have agreed to drop a lawsuit alleging a host of lighting and gardening equipment manufacturers negligently designed and marketed their products, after a grow lamp malfunction led to a fire that caused more than $8.5 million of damage at a grow facility.

  • March 17, 2025

    X Says Nonprofit Is Using Calif. Court To Evade Texas Suit

    X Corp. told a Texas federal judge a left-leaning media watchdog was trying to use a California court to weasel out of a suit accusing the nonprofit of running defamatory articles, saying Monday it was first to file and that the suit should stay in the Lone Star State.

  • March 17, 2025

    Yale Unit Questions Prospect Medical's Ch. 11 Sale Plan

    Yale New Haven Health Services Corp. is questioning whether bankrupt hospital owner Prospect Medical Holdings Inc.'s attempt to sell its three Connecticut facilities through a Texas Chapter 11 proceeding will affect Yale New Haven's rights under a $435 million asset purchase agreement covering the same properties.

  • March 17, 2025

    Vague Settlement Can't Free Insurer From Asbestos Claims

    An insurer that says its policies' limits were exhausted while paying over $5 million toward an asbestos injury settlement on behalf of BNSF Railway failed to show it actually went over its limits, a Texas appeals court found. 

  • March 17, 2025

    Drake 'Lost A Rap Battle That He Provoked,' UMG Tells Court

    Universal Music Group urged a New York federal judge Monday to throw out Aubrey Drake Graham's lawsuit over the hit Kendrick Lamar diss track "Not Like Us," saying Drake cannot claim defamation for hyperbolic insults that came out of a rap battle "in which he willingly participated."

  • March 17, 2025

    Illinois Cannabis Social Equity Licensee Sued By Backer

    A company that backs entrepreneurs qualified for social equity cannabis licenses alleged in a new federal lawsuit that a business owner it partnered with reneged on their agreement when he attempted to sell his retail marijuana license to another party.

  • March 17, 2025

    Yale Says Researcher's Omissions Doom $28M Incubator Suit

    Yale University told a Connecticut state court that it sufficiently pled its counterclaims against a researcher who accused it of destroying his "life's work" by unplugging an incubator filled with $28 million in grants and private money's worth of genetic materials, arguing the researcher lied to get his job.

  • March 17, 2025

    Ex-Freshpet Seller Wins Breakup Fee But May Still Owe $8M

    Pet food maker Freshpet is liable for $5 million for aborting a distribution agreement it had with an animal food distributor, a Pennsylvania federal judge ruled Monday, reasoning that there was no dispute that the contract had been breached.

Expert Analysis

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • Gas Contract Fight Holds Lessons On Force Majeure Clauses

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    Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.

  • Art Fraud Cases Highlight Importance Of Due Diligence

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    Recent high-profile art fraud cases provide a helpful reminder that a healthy skepticism can prevent prospective buyers from becoming victims, and that lawyers can take steps to help safeguard their clients, say attorneys at Arnold & Porter.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • A Deep Dive Into Singapore's New Int'l Arbitration Rules

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    The latest revisions to the Singapore International Arbitration Centre's rules, effective as of Jan. 1, contain numerous innovative and industry-leading updates, including new rules on coordinated and emergency procedures, and third-party funding, say attorneys at WilmerHale.

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • Trump Likely To Prioritize Trade, Customs Fraud Enforcement

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    With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.

  • Recent Suits Show Antitrust Agencies' Focus On HSR Review

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    The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • Private-Bidding Compliance Lessons From Siemens Plea Deal

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    Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.

  • FTC Report On AI Sector Illuminates Future Enforcement

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    The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

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