Commercial Contracts

  • April 28, 2025

    'Shake & Bake,' 4th Circ. Cites Ricky Bobby In NASCAR Ruling

    The Fourth Circuit on Monday called back to the satirical cult classic "Talladega Nights: The Ballad of Ricky Bobby" in finding the former owners of a NASCAR team must cover the cost of a settlement involving a bank lien on their charter after they sold it to new owners.

  • April 28, 2025

    Insurance Agency Says Carrier Can't End Car Policy Program

    An insurance agency that provides specialized policies for car rental companies asked a Pennsylvania federal court to halt an insurer's plan to abruptly cancel a program through which the agency writes the policies, saying the proposed termination would cause "major disruptions" to rental companies and their customers nationwide.

  • April 28, 2025

    Texas Law Firm Beats Sanctions Ruling In Barratry Suit

    A Lone Star State appellate court has tossed a $240,000 sanctions order for a Houston personal injury firm accused of leveling unfounded barratry claims against a client's former firm, finding that the trial court's order was issued after its jurisdiction had expired.

  • April 28, 2025

    Comair Seeks Boeing Sanctions Over 737 Max Refund Letter

    Defunct airline Comair Ltd. asked a Washington federal judge to sanction The Boeing Co. for deleting evidence of a "side letter" assuring it that its deposits to buy seven 737 Max aircraft would be fully refundable and arguing the letter never existed.

  • April 28, 2025

    Conn. Insurer Dumped Agent For Raising Red Flags, Suit Says

    A Connecticut insurance company terminated one of its agents in retaliation for his complaints about alleged illegal activity, including a concern that Allstate agents were using company log-in information "to pull Progressive quotes," according to a lawsuit in state court.

  • April 28, 2025

    'Chicken Soup' Parent, Investor Settle Mismanagement Suit

    Chicken Soup for the Soul Holdings LLC has reached a settlement with a corporate investor that accused the Redbox owner and publisher of self-help books of mismanagement prior to a subsidiary's Chapter 7 liquidation.

  • April 25, 2025

    Sutter Health To Pay $228M In Years-Old Antitrust Suit

    A class of millions of health insurance premium payors asked a California federal judge Friday to greenlight an eleventh-hour $228.5 million settlement resolving their long-running claims that hospital chain Sutter Health drives up costs by pushing all-or-nothing network deals on insurers.

  • April 25, 2025

    ​​​​​​​Calif. Justices Say Sauce Cos. Can't Cap Willful Injury Liability

    The California Supreme Court held Thursday that New England Country Foods can seek unlimited damages against a competitor for allegedly stealing its barbecue sauce recipe, answering a certified question from the Ninth Circuit that a contract provision between the companies restricting liability for willful injury is unenforceable.

  • April 25, 2025

    Mondelez Says Ghost Can't Use Sour Patch, Other Snack TMs

    Two Mondelez International subsidiaries have filed suit in Illinois to halt Ghost LLC's marketing of energy products that feature Sour Patch Kids, Oreo and certain other iconic snack brand trademarks, claiming Ghost's license to do so ended when Keurig Dr. Pepper began controlling the company.

  • April 25, 2025

    Record Cos. Say Houston Rapper Can't Support 'Still Tippin'' Suit

    A pair of record companies accused of ripping off the unofficial Houston anthem "Still Tippin'" urged a federal court Friday to dismiss the lawsuit, writing that the rapper behind the song hasn't alleged a "plausible claim."

  • April 25, 2025

    Off The Bench: NIL Deal Drama, Oakley v. MSG, Transfer Rules

    In this week's Off The Bench, the landmark $2.78 billion settlement to compensate college athletes hits a snag, a former New York Knick's assault case against Madison Square Garden may be on shaky ground, and Vanderbilt University's quarterback fights to protect his successful challenge against the NCAA's eligibility rules.

  • April 25, 2025

    Feds Accused Of Illegal Education Data Collection Rollback

    The Department of Education is defying congressional mandates requiring the collection and analysis of national education data, including by canceling $900 million in data maintenance and collection contracts, educational organizations said in a lawsuit filed in Washington, D.C., federal court.

  • April 25, 2025

    CFPB Plans Exit From Auto Finance Suit, Leaving It To NY

    The Consumer Financial Protection Bureau has moved to withdraw from a predatory lending lawsuit it brought jointly with the state of New York against subprime auto lender Credit Acceptance Corp., marking another pullback in a series of enforcement retreats by the agency.

  • April 25, 2025

    Manufactured Home Finance Biz Faces New 'Risky Loan' Suit

    After the Consumer Financial Protection Bureau walked away from a similar case earlier this year, a proposed class action in Tennessee federal court accuses a Berkshire Hathaway-owned company of signing up customers for loans they couldn't afford for manufactured homes typically built and sold by an affiliate.

  • April 25, 2025

    Calif. High Court Wants Answers On Bar Exam AI Use

    Days after the State Bar of California revealed it utilized artificial intelligence to develop some questions included in its embattled February 2025 exam, the state's Supreme Court released a statement demanding the bar association provide additional details.

  • April 25, 2025

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

    This past week in London has seen pub operator Stonegate sue insurance broker Marsh, a human rights lawyer sued for defamation by Russian businessman Ovik Mkrtchyan, and British toy-maker The Character Group reignite an employment dispute with a former finance director. Here, Law360 looks at these and other new claims in the U.K.

  • April 24, 2025

    Judge Won't Halt Auction Over Unpaid SPAC Finder's Fee

    A Florida federal judge denied a cloud company's request to halt an auction of its assets to collect a $2.4 million debt, finding that iCoreConnect failed to show it would likely win claims that PIGI Solutions LLC acted as an unregistered broker-dealer when advising on its merger with a blank check company.

  • April 24, 2025

    Funds Manager Raided Coffers Before Ouster, Court Told

    A Texas appeals court on Thursday questioned whether multiple commercial real estate funds had taken a vote before ousting a former manager accused of helping himself to company accounts, asking during oral arguments if the funds had followed correct procedures.

  • April 24, 2025

    Automaker Group Sues Wash. Over New Biz Licensing Regs

    An auto industry trade group is urging a federal judge in Washington state to strike down recent changes to state business licensing regulations, saying the amendments put manufacturers at risk of penalties for following longstanding federal law on vehicle windshield labels.

  • April 24, 2025

    Ex-Curaleaf Director Escapes Suit Over Info Sharing, For Now

    A Colorado federal judge dismissed, for now, allegations that the former operations director of Curaleaf Inc. violated a confidentiality agreement and shared information with a onetime business partner, ruling Thursday the court lacked jurisdiction since the defendant didn't live in the state, rarely traveled to the state and worked remotely.

  • April 24, 2025

    Insurer Says No Coverage For Nursing Home Negligence Deal

    An insurer shouldn't have to pay for a settlement that a healthcare management company reached following a nearly $3.3 million jury verdict in an underlying nursing home negligence suit, the carrier told a Washington federal court, saying the company settled without its consent.

  • April 24, 2025

    Blue Cross Says It Never Had $7M Contract With Pa. Lab

    Blue Cross Blue Shield of Texas asked a court Wednesday to dismiss a $7 million lawsuit brought by a Pennsylvania lab, writing that the company's attempt to replead its case "misses the mark."

  • April 24, 2025

    4th Circ. Won't Rehear Health Data Access Order Challenge

    The Fourth Circuit has declined an electronic medical records firm's request for the appellate court to rethink a panel's decision to dismiss its appeal of an order forcing the company to let a nursing data business access its patient information.

  • April 24, 2025

    Red Sox TV Network Wins Civil Judgment In Fraud Suit

    The regional cable channel that broadcasts Boston Red Sox and Bruins games has obtained a civil judgment against a former executive who was convicted of embezzling nearly $600,000 through a billing fraud scheme.

  • April 24, 2025

    Appeal Fast-Tracked In Feud Over Use Of Ex-Atty's Name

    The Second Circuit has fast-tracked an appeal by a Connecticut attorney who lost a lawsuit over his former law firm's alleged unauthorized use of his name and likeness after his firing.

Expert Analysis

  • 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.

  • Perspectives

    The Benefits Of Aligning States On Legal Paraprofessionals

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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.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

  • Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration

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    The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

  • Decoding Arbitral Disputes: Precision In Jurisdiction Clauses

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    The High Court recently held that a contract requiring disputes to be heard by U.K. courts superseded arbitration agreements between long-time business affiliates, reinforcing the importance of drafting precise jurisdiction clauses that international commercial parties in multiagreement relationships will use to resolve prior disputes, says Josep Galvez at 4-5 Gray's Inn.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • Strategizing For Renewable Energy Project Success In Texas

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    The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.

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