Commercial Contracts

  • March 10, 2025

    Ski Resort Buy Deemed Illegal In Precedential NY AG Win

    New York's attorney general celebrated a precedent-setting antitrust win Monday, faulting a ski mountain operator for buying a rival just to shut it down.

  • March 10, 2025

    DOJ Wants In On Invisalign Monopoly Arguments At 9th Circ.

    The U.S. Department of Justice wants to be there when orthodontists and consumers who purchased clear teeth aligners face off with the company behind Invisalign at the Ninth Circuit next month, so it can tell the appellate judges where the lower court went wrong in killing their monopoly suits.

  • March 10, 2025

    Bad Bunny Sports Firm Settles Contract Dispute With MLBPA

    The sports firm of music superstar Bad Bunny has reached a settlement that will end its dispute with the Major League Baseball Players Association, which it had accused in a Puerto Rico federal court lawsuit of killing its business with unreasonable sanctions.

  • March 10, 2025

    Anadarko Says Partner Waived Arbitration With Oil Well Suit

    Anadarko Petroleum Corp. has urged a Texas court to reject its partner's bid to arbitrate a dispute over an oil well on the outer continental shelf, alleging a since-abandoned lawsuit by the partner company forecloses any arbitration rights it may have had.

  • March 10, 2025

    Tribe Says BNSF Can't Derail $400M Trespass Judgment

    A Washington tribe is urging the Ninth Circuit to uphold a lower court's finding that BNSF Railway Co. must pay nearly $400 million for years of illegally running oil cars across tribal territory, saying the railroad's claim that it strips away lawfully earned profits "makes little sense."

  • March 10, 2025

    Money Manager Can't Block Alleged Client Poach, Judge Says

    Connecticut investment firm TJT Capital Group LLC has not demonstrated that it will suffer irreparable harm without a temporary restraining order that bars a former member from using client information he allegedly misappropriated, a federal judge has ruled in denying the request.

  • March 10, 2025

    4th Circ. Reverses $10M Coverage Cap For Aluminum Co.

    The Fourth Circuit on Monday reversed a lower court's ruling capping an aluminum supplier's total recovery for losses related to a fire at $10 million, saying a molten material endorsement in the company's all-risk policies is ambiguous.

  • March 10, 2025

    Hagens Berman Comms With Ghosting Client Kept Privileged

    Hagens Berman Sobol Shapiro LLP doesn't have to turn over texts and emails with a client who disappeared from a putative class action against Apple and Amazon, a Washington federal judge has ruled, despite the tech giants' accusations that the firm lied about those communications.

  • March 10, 2025

    NC Doctor Says Ex-Partners Were Overpaid By SC Practice

    Two doctors were overcompensated in the four years leading up to their separation from a medical practice and have refused to reconcile the alleged overpayments, their former business partner said in a newly designated North Carolina Business Court complaint.

  • March 10, 2025

    Freight Co. Says Cellphone Dealer Ignoring Discovery Bids

    A freight coordination company said it has no choice but to ask a North Carolina federal court to sanction a cellphone dealer who sued it after a truckload of devices was stolen, claiming that it hasn't received adequate discovery responses.

  • March 10, 2025

    Pot Shop Receiver Says Brand Licensor Diverted Product

    A receiver overseeing the possible sale or liquidation of a Massachusetts cannabis retailer asked a judge to order the return of more than 900 packages of product taken from its cultivation facility days before the receivership began.

  • March 10, 2025

    Ex-Cognizant Execs Support 180-Day Trial Delay In FCPA Case

    Two former Cognizant Technology Solutions Corp. executives have told a New Jersey federal judge they agree with prosecutors that their bribery trial should be delayed for 180 days after the Trump administration paused enforcement of the Foreign Corrupt Practices Act.

  • March 07, 2025

    FDA Can Take Eli Lilly Weight Loss Drug Off Shortage List

    A Texas federal judge has refused to issue an injunction that would allow compounding pharmacies to produce a lucrative weight loss drug, ruling that the U.S. Food and Drug Administration was within its authority when it removed the medication from the drug shortage list.

  • March 07, 2025

    ByteDance Wants Sanctions For Attys After Client's Perjury

    TikTok's parent company ByteDance has urged a California court to sanction Nassiri & Jung LLP attorneys it says "enabled" a former engineer's perjury in a suit alleging he was wrongly fired, arguing that the lawyers should've prevented their client's "abuse of the justice system."

  • March 07, 2025

    Musk To Give Deposition In Twitter Shareholder Suit

    Elon Musk has agreed to sit for a deposition in early April in a proposed shareholder class action accusing him of fraudulently claiming Twitter had a bot problem to get out of his $44 billion acquisition of the site, his attorneys said Friday.

  • March 07, 2025

    Ex-Company Chair Slams 'Absurd' Award To Company

    The ousted former chairman of a software investment company has urged a New York federal judge to vacate an arbitral award aimed at preventing him from trying to regain control of the company, calling the award "absurd" and saying the arbitrator disregarded the law.

  • March 07, 2025

    US Bank Loses Renewed Bid To Arbitrate Deposit Box Dispute

    A California federal judge denied U.S. Bancorp's renewed motion to compel arbitration in a suit alleging the bank unlawfully drilled into some of its customers' safe deposit boxes without consent, after the Ninth Circuit vacated the court's prior order compelling arbitration, finding the bank failed to prove the arbitration clause was properly incorporated into customer contracts.

  • March 07, 2025

    FTC: Outlining World Sans Amazon Price-Floor 'Not Possible'

    The Federal Trade Commission told a Washington federal judge Friday that it can only offer pieces, and not the entire outline, of what an alternative world might look like without Amazon.com's allegedly monopolistic pricing floor created by penalties for sellers offering their goods more cheaply through other retailers.

  • March 07, 2025

    Grand Rapids Moves Social Equity Fee Dispute To Fed. Court

    The city of Grand Rapids, Michigan, is looking to push into federal court a state lawsuit filed by cannabis companies looking to upend the fees, fines and residency requirements of the municipality's social equity program, arguing Friday that their claims all touch on federal issues.

  • March 07, 2025

    Split DC Circuit Says Distillery, Union Didn't Reach Impasse

    A divided D.C. Circuit panel greenlighted on Friday enforcement of a National Labor Relations Board decision dinging an Oregon distillery for illegally imposing a final offer without reaching an impasse in contract talks with a Teamsters affiliate, with a dissenting judge saying the union used delay tactics.

  • March 07, 2025

    Gas Station Asks 11th Circ. To Revive Pollution Coverage Suit

    A Florida gas station owner asked the Eleventh Circuit on Friday to revive its lawsuit trying to get Nautilus Insurance Co. to cover the costs to clean up contamination caused by a leaking underground fuel tank, telling the appeals court the company did not learn of the leak until after the policy went into effect.

  • March 07, 2025

    U. Of Washington To Pay $4M To End COVID Tuition Case

    The University of Washington will pay $4 million to settle a class action filed by students seeking tuition reimbursement from the COVID-19 campus shutdown, according to a settlement that received a judge's preliminary approval this week.

  • March 07, 2025

    Husband Of Ex-Takeda VP Gets 2½ Years For Invoice Scam

    The husband of a former Takeda Pharmaceuticals vice president was sentenced in Massachusetts federal court Friday to two and a half years in prison for his role in a scheme to dupe the drug giant out of $2.3 million through bogus invoices.

  • March 07, 2025

    Steward Health Gets OK For Deal On Transition Contracts

    A Texas bankruptcy judge Friday gave Steward Health Care the go-ahead to turn over responsibility for transition services for the dozens of hospitals it has sold during its Chapter 11 case to another hospital chain.

  • March 07, 2025

    Pa. Bitcoin Miner Sues In Del. Alleging Host Co. Padlocking

    A bitcoin mining venture has sued its western Pennsylvania hosting company in Delaware's Court of Chancery, accusing the host of blocking access to nearly 22,000 mining servers after the venture owners terminated a contract and announced plans to move the equipment.

Expert Analysis

  • 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.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • The Fed. Circ. In 2024: 5 Major Rulings To Know

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    In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Mass Arbitration Procedures After Faulty Live Nation Ruling

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    Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.

  • Proactively Managing Tariff Impacts On Megaprojects

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    President-elect Donald Trump's proposed tariffs may compound the complexity, duration and risks associated with financing and building large-scale infrastructure projects — so owners and contractors should plan to take possible tariff-related cost and schedule overruns into account when drafting contracts, say attorneys at Crowell & Moring.

  • US-China Deal Considerations Amid Cross-Border Uncertainty

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    With China seemingly set to respond to the incoming U.S. administration's call for strategic decoupling and tariffs, companies on both sides of the Pacific should explore deals and internal changes to mitigate risks and overcome hurdles to their strategic plans, say attorneys at Covington.

  • Considering The Status Of The US Doctrine Of Patent Misuse

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    A recent Ninth Circuit decision and a U.K. Court of Appeal decision demonstrate the impact that the U.S. Supreme Court's 2015 decision in Kimble v. Marvel Entertainment has had on the principle that post-patent-expiration royalty payments amount to patent misuse, not only in the U.S. but in English courts as well, say attorneys at Covington.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Reviewing 2024's Evolving EdTech Privacy Regulations

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    Lawmakers are trying to keep up with the privacy and security risks of the increasingly prevalent education technology, with last year's developments including the Federal Trade Commission's proposed amendments to the Children's Online Privacy Protection Act, and the U.S. Senate passing two new children's privacy acts, say attorneys at McDermott.

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