Commercial Contracts

  • September 16, 2025

    4th Circ. Revives RICO Claims On Amazon Project Kickbacks

    The Fourth Circuit in a published decision Tuesday revived racketeering and other claims from Amazon.com Inc. after two former employees, a real estate developer and an attorney operated a kickback scheme as the company spent hundreds of millions of dollars on a set of data center projects in northern Virginia.

  • September 16, 2025

    'Incurably Premature': Suit Over Alleged EB-5 Rule Tossed

    A Seattle federal judge on Monday tossed an immigrant investor's lawsuit challenging an allegedly arbitrary action that resulted in U.S. Citizenship and Immigration Services revoking her visa petition, saying she could not sue since she did not first exhaust administrative remedies.

  • September 16, 2025

    Avalara Investors' Claims Pass Muster After 9th Circ. Revival

    A Washington federal judge has allowed a proposed class action to proceed accusing tax software company Avalara Inc. of misleading investors ahead of an $8.4 billion deal to take the company private, but said the suit failed to adequately allege negligence by individual board members, giving investors one week to amend those claims.

  • September 16, 2025

    4th Circ. Asked To Rehear 'Inspire' Dance Team Case

    A North Carolina charter school on Tuesday asked for the full Fourth Circuit to hear its claims that two former teachers should be barred from using the name "Inspire" for their dance company, arguing that declining to block the teachers is at odds with decades of circuit precedent.

  • September 16, 2025

    Casino Giant Urges Fla. Court To Toss Bahamas Fraud Suit

    U.S.-based casino operator Genting Americas Inc. has urged a Florida federal court to dismiss a lawsuit alleging that it used a resort in the Bahamas to obscure fraudulent activities, saying the suing real estate company failed to deliver a proper amended derivative complaint ordered by a judge. 

  • September 16, 2025

    Judge Orders Bench Trial On Key Issue In Sirius Patent Case

    A Delaware federal judge has ordered a bench trial on the issue of whether Sirius XM relied on a German research foundation's five-year delay in bringing patent claims related to satellite radio technology in making business decisions around that tech.

  • September 16, 2025

    Travelers Must Cover Scholastic's IP Suit Costs, Not Damages

    A Manhattan federal judge has ruled that a Travelers unit must cover Scholastic Inc. for costs incurred in its defense and settlement of a trademark and copyright infringement suit, but not pay consequential damages Scholastic had sought.

  • September 16, 2025

    Wash. Charitable Limits Don't Apply To Firefighter House Sale

    The Seattle Black Firefighters' Association is not a charitable organization, the Washington Court of Appeals said, affirming a lower court ruling that found the house the association occupies is not subject to charitable purpose restrictions.

  • September 16, 2025

    USDOT Orders Scuttling Of Delta-Aeromexico Joint Venture

    The Trump administration has ordered Delta Air Lines and Aeromexico to scuttle their joint venture by Jan. 1, saying they gained an unfair advantage in the market after the Mexican government abruptly restricted flights from other carriers at Mexico City's primary airport.

  • September 16, 2025

    Insurer Says Overturned Truck In Fatal Crash Not Covered

    A Progressive unit that provided commercial auto insurance for a concrete company told a Texas state court it should owe no defense or indemnity in a wrongful death lawsuit involving an overturned cement truck, arguing the insurer did not directly insure the vehicle.

  • September 16, 2025

    NY Cannabis License At Center Of Suit Against Fla. Broker

    The entrepreneurs who secured one of the earliest New York cannabis retail licenses as part of a legal settlement with the state allege in a new California state lawsuit that a Florida cannabis franchise broker frustrated their effort to sell a share of the venture.

  • September 15, 2025

    Google Consumers' Attys Seek $85M In Fees For $700M Deal

    Attorneys who helped consumers reach a still-pending $700 million antitrust deal with Google in 2023 have urged a California federal judge to grant them $85 million in attorney fees, saying the settlement, reached alongside state attorneys general, was an "exceptional" result obtained in the "face of substantial litigation uncertainty."

  • September 15, 2025

    Rocket Mortgage Can't Defeat DOJ's Racial Bias Suit

    A Colorado federal judge has declined to toss the federal government's race discrimination suit against Rocket Mortgage, an appraisal management company and an appraiser, finding, among other things, that Rocket could have requested correction of the appraisal at the heart of the suit.

  • September 15, 2025

    Personal Injury Firm Looks To Nix $6.6M Fee Award

    A personal injury law firm is seeking the annulment of a $6.59 million arbitral award issued to its co-counsel in a dispute over fees owed in long-running litigation over a 1983 terrorist bombing in Lebanon, cases that ordered Iran to pay billions of dollars to victims' families.

  • September 15, 2025

    Insurer Asks Court To Deny Fla. Tree Co.'s Coverage After Fire

    An Ohio-based insurance company filed a lawsuit against a tree service and a funeral services business in Florida federal court, saying that it should not have to defend the company that was sued over cutting down the tree that caused a fire and resulted in $2 million in damage. 

  • September 15, 2025

    Investor Says $16M Ouraring Fight Shouldn't Go To Finland

    An early investor in the Oura health and fitness tracker is fighting Ouraring Inc.'s attempt to send his $16 million dispute to arbitration in Finland, saying there is no underlying agreement to arbitrate and his lawsuit should stay in California federal court.

  • September 15, 2025

    Appeals Panel Says Wash. Spam Law Covers Recruiter Texts

    A Washington Court of Appeals panel said Monday that the state's commercial email prohibition extends to "text messages sent to further the growth or prosperity of a business," finding logistics company CRST broke the law by sending unsolicited recruitment texts to contractors.

  • September 15, 2025

    Brands Say X Corp. Can't Prove Ad Suit Belongs In Texas

    Several big-name brands, including Nestlé and Lego, asked a Texas federal judge to deny X Corp.'s bid to conduct jurisdictional discovery in its sprawling antitrust suit accusing advertisers of boycotting X, saying the company was merely trying to conduct a "fishing expedition."

  • September 15, 2025

    Fired DOJ Deputy Says Lobbyists 'Playing Dangerous Game'

    A former top Justice Department Antitrust Division deputy, allegedly fired for opposing the "pay-to-play" settlement clearing Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks, had a warning Monday for the lobbyists he said made the deal possible: there are only so many times they can go over division leadership.

  • September 15, 2025

    NBA's Trail Blazers Sold To Owner Of NHL's Hurricanes

    The estate of Paul Allen has reached an agreement to sell the NBA Portland Trail Blazers to a group led by Tom Dundon, the chair of Dundon Capital Partners, who has had notable success in sports ownership in the National Hockey League and in professional pickleball but also is in the midst of a legal fight over the collapse of a spring football league.

  • September 15, 2025

    2nd Circ. Backs Jimmy Kimmel In George Santos IP Fight

    The Second Circuit on Monday declined to revive George Santos' claims against Jimmy Kimmel, ABC and Disney over video clips the late night host tricked the now-imprisoned former congressman into making, agreeing the fair use doctrine bars the copyright suit.

  • September 15, 2025

    Robinhood Seeks Legal Shield After Mass. AG Sues KalshiEX

    Days after Massachusetts' attorney general sued so-called prediction market operator KalshiEX, accusing it of running an unlicensed sports betting platform, Robinhood, which provides access to the Kalshi system on its own platform, urged a federal judge Monday to grant it protection from similar claims.

  • September 15, 2025

    Jordan's Racing Team Looks To Nix NASCAR's Counterclaims

    Two teams that have accused NASCAR of monopolizing premier stock car racing are trying to stop the league's counterclaims from making it to trial in December, arguing that its assertions that the teams conspired against NASCAR are unsupported by the evidence after discovery.

  • September 15, 2025

    Catching Up With Delaware's Chancery Court

    Delaware's governor weighed in on a challenge to recently approved state legislation that bars damages or "equitable" relief for some controlling stockholder or going-private deals. Meanwhile, Moelis told the Delaware Supreme Court that the struck-down stockholder agreement that triggered that legislation was valid. Additionally, one of two newly funded magistrates' posts in the Chancery Court has been filled.

  • September 15, 2025

    US, China Agree On TikTok Ownership Transfer, Bessent Says

    The U.S. and China established a commercial framework for a deal with video sharing giant TikTok to transfer ownership of the app to the U.S., just days before a deadline to sell the app or shut it down, U.S. Treasury Secretary Scott Bessent told reporters at a press conference in Madrid on Monday.

Expert Analysis

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • Opinion

    The Fallout Of Drake's Defamation Suit Against UMG

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    Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • 2 Appellate Rulings Offer Clickwrap Enforcement Road Map

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    Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.

  • SDNY Ruling Reinforces Joint Steering Committee Obligations

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    The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

  • Unpacking Ore. Law's Limits On PE Healthcare Investment

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    A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.

  • 5 Ways Lawyers Can Earn Back The Public's Trust

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    Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.

  • Notable Q2 Updates In Insurance Class Actions

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    Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.

  • Series

    Hiking Makes Me A Better Lawyer

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    On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.

  • Series

    Law School's Missed Lessons: Negotiation Skills

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    I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.

  • Opinion

    Bar Exam Reform Must Expand Beyond A Single Updated Test

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    Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.

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