Commercial Contracts

  • February 04, 2025

    Jr. Hockey League Seeks To Block Team Move To Competitor

    A junior hockey league is asking a judge to block a Massachusetts team from jumping to a competing league, allegedly in violation of a 2022 franchise agreement that included a five-year non-compete provision.

  • February 04, 2025

    Apple Asks DC Circ. To Pause Google Search Case For Appeal

    Apple has asked the D.C. Circuit to pause the remedies phase of the landmark monopolization case targeting Google's search dominance, arguing it needs to intervene to protect its contracts with Google that are worth billions of dollars each year.

  • February 04, 2025

    'Sloppy' Work Hurts Lab's $20.6M Insurance Suit, Judge Says

    A Connecticut federal judge said Tuesday that a contract lawsuit against insurer Aetna Inc. and its owner CVS Health Corp., seeking about $20.6 million in payment for laboratory services, seems to "suffer" from the fact that the plaintiff filed dozens of similar cases in short order.

  • February 04, 2025

    Cherokee Nation, Group Spar Over Ark. Casino License Docs

    A federal district court is set to determine if the officers of a ballot issue committee backing an Arkansas amendment that revoked a Cherokee Nation business' casino license and the public affairs firm must hand over documentation in the dispute.

  • February 04, 2025

    MGA Must Pay $71M For Copying OMG Girlz Dolls, Judge Rules

    A California federal judge has affirmed a $71.4 million verdict against MGA Entertainment after jurors last year found a line of dolls from the toymaker infringed the trade dress and publicity rights of the OMG Girlz pop group owned by hip-hop moguls Clifford "T.I." and Tameka "Tiny" Harris.

  • February 04, 2025

    Delta Accused Of Copyright Infringement For Software Use

    Delta Air Lines is facing a copyright infringement lawsuit in Georgia federal court for allegedly authorizing Broadcom-owned software development company CA Technologies' DX NetOps software to be used on nearly 15,000 more devices than permitted under their licensing agreement.

  • February 04, 2025

    Conn. Atty Sues Client, Lawyer Over State Farm Settlement

    A small Connecticut personal injury firm has sued a Bloomfield personal injury attorney and a former client in state court for breach of contract and unjust enrichment, accusing them of failing to hand over a one-third fee from a $35,000 State Farm insurance settlement.

  • February 04, 2025

    Attys Seek $1.25M From Shuttered Nursing School Settlement

    Attorneys with the Connecticut boutique firm Hurwitz Sagarin Slossberg & Knuff LLC are seeking a 25% cut of a $5 million class action settlement for students whose career paths were sent spiraling by for-profit nursing school Stone Academy's sudden shutdown in February 2023.

  • February 03, 2025

    Co.'s Coverage Suit Over $1.9M Email Spoof Scheme Tossed

    An Alaska federal court on Monday officially dismissed a construction company's lawsuit accusing Travelers of a bad faith refusal to provide directors and officers coverage for a $1.9 million email spoofing scheme, days after the construction company filed a voluntary motion to dismiss with prejudice.

  • February 03, 2025

    11th Circ. Bias Fight Could Set Bar For Trans Benefits Suits

    The full Eleventh Circuit will hear arguments Tuesday from a Georgia county looking to overturn a trial court's ruling that found its health plan's denial of gender-affirming surgery violated federal anti-discrimination law, in a case that could help clarify how a 2020 U.S. Supreme Court decision impacts employee benefits.

  • February 03, 2025

    OpenAI, Microsoft Aim To Ax Musk's For-Profit Change Suit

    OpenAI and Microsoft have urged a California federal court in separate motions to dismiss Elon Musk's antitrust and breach of contract lawsuit claiming OpenAI lied by telling investors it would always be a nonprofit artificial intelligence research organization, calling the allegations "conclusory" and lacking factual backing.

  • February 03, 2025

    Trial Court Won't Pause Google Search Case For Apple Appeal

    A D.C. federal court refused on Sunday to pause the remedies phase of the landmark monopolization case targeting Google's search dominance while Apple appeals a decision refusing to allow it to participate.

  • February 03, 2025

    Texas Appeals Court Wipes Exxon's $2.5M Oil Cleanup Verdict

    A Texas appeals court has wiped a more than $2.5 million verdict for ExxonMobil Pipeline Co., finding that successive owners of its pipeline hadn't agreed to assume the cleanup costs of an oil spill.

  • February 03, 2025

    Utah Court Urged To Preserve $8.3M In Messner Reeves Funds

    Several companies from Florida, New York and Utah have urged a Utah federal court to order Messner Reeves LLP to preserve $8.3 million purportedly locked away in an escrow fund, saying the law firm appears to be breaking a business loan agreement by dissipating the funds to unknown entities.

  • February 03, 2025

    COVID Test Row Hinges On Appeal Notice, 2nd Circ. Hints

    A Second Circuit appellate judge suggested Monday that a union benefit plan may not have been acting fully aboveboard when it did not notify a Connecticut medical practice of an appeal process after it denied reimbursements for COVID-19 testing, but he also met the practice's accusations with skepticism.

  • February 03, 2025

    Cozen Adds Ex-Carlton Fields Construction Pro In Boston

    Cozen O'Connor has added an ex-Carlton Fields PA partner as a Boston-based member of its construction law group, the firm announced Monday.

  • February 03, 2025

    Food Plant Says AIG, Others Stalling Fire Payout

    A Massachusetts food plant that sustained extensive damage in two fires 10 days apart last year says its insurers, led by AIG, have covered just 1% of its losses and appear to want the company to pay two deductibles totaling nearly $10 million, despite findings that the two fires were connected.

  • February 03, 2025

    Law Firm Involved In Talc Fee Fight Seeks To Arbitrate Claim

    The Smith Law Firm PLLC is urging an Alabama federal judge to compel arbitration of a cross-claim that Porter Malouf brought against it amid a lawsuit over an agreement the two firms and the Beasley Allen Law Firm entered to represent plaintiffs in litigation over Johnson & Johnson's tainted talcum powder.

  • February 03, 2025

    Attys For Blake Lively, Baldoni Warned Over Media Statements

    Lawyers representing feuding actors Blake Lively and Justin Baldoni in their "It Ends With Us" damages litigation agreed Monday to rein in public statements, after a Manhattan federal judge cited their duty not to taint a potential future jury pool.

  • February 03, 2025

    Ex-WWE Staffer Says She Was 'Sexual Pawn' In Wrestler Deal

    A woman accusing former World Wrestling Entertainment Inc. executive Vince McMahon of sex trafficking, assault and harassment added more allegations to her case in Connecticut federal court, including that McMahon offered sex with her to wrestler Brock Lesnar during a contract negotiation.

  • February 03, 2025

    Studio Used By Apple, Pop Stars Says Noise Forced Move

    A Boston music and sound production company whose clients have included Apple, NBC Universal, Disney and pop group New Kids on the Block says its former landlord should cover the cost of lost business and moving to a quieter location after construction noise disrupted dozens of sessions.

  • January 31, 2025

    Artist Says Fraudsters Peddled Access To Musk

    A digital artist filed a lawsuit Thursday against several individuals, including one described as a "serial informant for the Justice Department," claiming they fraudulently peddled access to boxer Floyd Mayweather and Elon Musk under the guise of high-profile marketing services for the artist's collection.

  • January 31, 2025

    Justices Implored To Consider Tipster Medical Device Row

    A nonprofit formed by Gretchen Carlson, a former Fox News anchor who has advocated against forced arbitration after suing the network's chairman for harassment, has urged the U.S. Supreme Court to consider a whistleblower's challenge to an arbitration award given to a medical device company in a trade secrets dispute.

  • January 31, 2025

    Trump's Funding Moves Create Heartburn For Energy Cos.

    The Trump administration's about-face on a federal funding freeze hasn't assuaged energy companies' fears that grants and loans they've been awarded may be in jeopardy, presenting legal and practical risks for projects counting on government cash.

  • January 31, 2025

    Musi Loses Early Bid To Get Back On App Store

    A California federal judge has rejected a music streaming service's initial bid to be restored to Apple's App Store after it had been removed for alleged intellectual property infringement, saying that the tech giant has "broad discretion" to delete apps from its marketplace.

Expert Analysis

  • After Chevron

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    Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Contract Disputes Recap: Addressing Dispositive Motions

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    Stephanie Magnell and Bret Marfut at Seyfarth examine three recent decisions from the U.S. Court of Claims and the U.S. Civilian Board of Contract Appeals that provide interesting takeaways about the nuances of motion practice utilized by the government to dispose of cases brought under the Contract Disputes Act prior to substantive litigation

  • What 2 Rulings On Standing Mean For DEI Litigation

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    Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • Arbitration Implications Of High Court Coinbase Ruling

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    The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.

  • A Look At Calif. Contract Considerations In Fiji Water Ruling

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    A California appellate court's recent decision in Carolina Beverage v. Fiji Water, that a party may not seek contractual recovery on the basis of constructive termination, offers a look at contract construction and other considerations on negotiating distribution agreements, says Michael Laszlo at Clark Hill.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Practical Private Equity Lessons From 2 Delaware Deals

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    A pair of Delaware Chancery Court cases remind private equity sponsors that specificity is crucial through the lens of deal certainty, particularly around closing conditions and agreement sections of acquisition agreements, say Robert Rizzo and Larissa Lucas at Weil Gotshal and William Lafferty at Morris Nichols.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • How Uyghur Forced Labor Law Affects Importing Companies

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    Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.

  • Revisiting Morals Clauses In The Age Of Deepfakes

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    Deepfakes and other forms of misrepresentation powered by artificial intelligence have complicated the traditional process of reputation management for companies entering into talent agreements with celebrities, bringing new considerations for the morals clauses that usually shield against these risks, say attorneys at Pryor Cashman.

  • 4 Tips For Drafting Earnouts To Avoid Disputes

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    Amid slowed merger and acquisition activity, buyers and sellers are increasingly turning to earnout provisions to get deals done, but these must be carefully drafted to avoid interpretative differences that can lead to later disputes, say attorneys at Cooley.

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