Commercial Contracts

  • February 24, 2025

    Apple Exec Had Doubts Over New App Store Fee Compliance

    Apple fellow Phil Schiller testified Monday during a high-stakes compliance evidentiary hearing that he had initially been concerned that Apple's decision to implement a new 27% commission on purchases made outside Apple's App Store wouldn't comply with the court's 2021 anti-steering injunction in its yearslong antitrust fight with Epic Games.

  • February 24, 2025

    US Steel, Nippon Urge Court Not To Toss Cleveland-Cliffs Suit

    U.S. Steel and Nippon Steel have pressed a Pennsylvania federal court to leave intact their suit accusing Cleveland-Cliffs and United Steelworkers union leadership of illegally conspiring to prevent their planned $14.9 billion merger, arguing that they're trying to block an "unlawful agreement," not shut down political speech.

  • February 24, 2025

    Dominican Republic Slams Report Favoring $44M Award

    The Dominican Republic has urged a D.C. federal court to reject a magistrate judge's recommendation to enforce a nearly $44 million arbitral award issued after the country terminated a landfill concession, saying there was never an underlying arbitration agreement.

  • February 24, 2025

    Lloyd's Says Cadwalader's Suit Claims Nonexistent Tort

    A Lloyd's of London syndicate has urged a North Carolina judge to toss part of Cadwalader Wickersham & Taft LLP's coverage lawsuit stemming from a data breach, saying there's no tort remedy for the allegation that the insurer exposed the firm's confidential information in a court filing.

  • February 24, 2025

    Insurer Needn't Cover Hospital's $2.5M Virus Vax Probe Costs

    A Chubb unit has no obligation to pay an Illinois hospital for $2.5 million in legal costs associated with responding to federal and state probes into its COVID-19 vaccine distribution program, a federal court ruled, finding that the policy's $1 million regulatory claims sublimit applies.

  • February 24, 2025

    Charter Communications Keeps Trade Secrets Suit In Conn.

    A Charter Communications Inc. trade secrets lawsuit against a former Colorado-based vice president will remain in Connecticut, a federal judge ruled from the bench on Monday, greenlighting the company's request for a preliminary injunction in its home state.

  • February 24, 2025

    Colo. Justices Toss Student's COVID Refund Class Action

    A Colorado State University student seeking classwide fee refunds for campus shutdowns during the coronavirus pandemic can't allege unjust enrichment after her breach of contract claims were tossed, according to a state Supreme Court decision Monday that found the student's position would "obliterate the difference" between the two claims.

  • February 24, 2025

    Texas Bank Fights To Keep $28M In Assets In Ginnie Mae Suit

    A bank told a Texas federal court that it will lose $28 million worth of collateral assets if Ginnie Mae secures a summary judgment win in a suit over a vacated first-priority lien.

  • February 24, 2025

    Placement Co. Hit With False Ads Suit Over Referral Model

    A company that places senior citizens in retirement homes was hit with proposed class claims alleging it falsely advertises free services and steers business away from communities that decline to participate in its "pay-to-play" business model. 

  • February 24, 2025

    Mich. Sales Co., Auto Parts Maker Settle $6M Commission Suit

    A Michigan-based auto sales company has reached a settlement with an Italian auto parts maker the company alleges owes $6 million in commissions for building the foreign business' relationship with General Motors.

  • February 24, 2025

    Investors Don't Have 'Shred' Of Fraud Evidence, Exxon Says

    Exxon Mobil Corp. has told a Texas federal judge that an investor class doesn't have a "shred of evidence" that the company engaged in the stock inflation scheme the investors allege.

  • February 24, 2025

    FCA Didn't Forfeit Arbitration Rights In Defect Suit, Judge Says

    An arbitrator must decide whether some drivers alleging Fiat Chrysler sold them vehicles with defective engines that shut off during use can pursue their claims, a Michigan federal judge said, finding the automaker didn't waive its right to seek arbitration by attacking the claims' merits before seeing if the drivers' purchase agreements had an arbitration clause.

  • February 24, 2025

    Law Firm Must Face Malpractice Suit Over Home Project Case

    The New Jersey Appellate Division reinstated a malpractice suit against a Garden State firm on Monday in a published decision finding that the plaintiff was allowed to assign some of the proceeds of the case to third parties ahead of time.

  • February 24, 2025

    Penn National Settles NC Hurricanes Coverage Suit

    Penn National Mutual Casualty Insurance Co. settled a property owner's insurance payout suit filed in North Carolina federal court just before the suit headed to trial.

  • February 24, 2025

    Mass. City Says Ex-Team Owners Reneged On Stadium Fees

    The city of Brockton, Massachusetts, claims in a lawsuit filed in state court that the former owners of a minor league baseball team owe the economically struggling community more than $68,000 for the use of a city-owned stadium for games and a concert last year.

  • February 24, 2025

    Supreme Court Skips Fee-Shifting, IP Web Scraping Questions

    The U.S. Supreme Court on Monday rejected petitions involving fee-shifting in copyright cases, whether judges or juries should decide what can be copyrighted, and if scraping public information online should be considered hacking under the Defend Trade Secrets Act when it is done by a computer.

  • February 24, 2025

    Justices Nix Whistleblower Suit Over Arbitral Vacatur Limits

    The U.S. Supreme Court on Monday declined to review a petition that raised questions about the standards under which courts can vacate or enforce arbitral awards, in a case brought by a whistleblower who sought to challenge an arbitral award favoring his former employer.

  • February 21, 2025

    Trade Secrets Dispute Between Cell Tower Cos. Stays Alive

    A Pennsylvania federal judge on Thursday narrowed a lawsuit between rival cell tower companies over the use of pricing information, dismissing trade secret claims stemming from leases that lacked confidentiality or nondisclosure provisions.

  • February 21, 2025

    Appeals Court Says No Contract Dooms Ranch Sale Challenge

    A Texas appeals court found no grounds to revive most of the rejected claims a land brokerage lodged against the owners of a 1,200-acre ranch and their real estate and escrow agents after its attempt to buy the property fell through.

  • February 21, 2025

    Eli Lilly Has Exclusivity Over Weight Loss Drug, FDA Says

    The U.S. Food and Drug Administration asked a Texas federal court to reject a request for an injunction that would allow compounding pharmacies to produce a lucrative weight loss drug, saying the agency based its decision on sound facts and it was within its authority.

  • February 21, 2025

    Mich. Pot Cos. Say Grand Rapids' Equity Fees Are Illegal

    A group of cannabis companies is suing the city of Grand Rapids in Michigan state court, saying it is illegally charging them millions in fees through its social equity program.

  • February 21, 2025

    NFL Alums Accused Of Misusing COVID Outreach Funding

    The National Football League's largest alumni organization has been accused by a biotechnology company of trying to misuse Georgia taxpayer dollars intended for a COVID-19 vaccine education program before unlawfully breaking their contract last year.

  • February 21, 2025

    Insurers Ask High Court To Review Tribal Jurisdiction Order

    A group of insurers led by AIG unit Lexington Insurance Co. urged the U.S. Supreme Court to review a Ninth Circuit ruling ordering them to litigate COVID-19-related property insurance claims in Suquamish Tribal Court despite the insurers' contention that the coverage claims related to "off-reservation conduct."

  • February 21, 2025

    9th Circ. Revives Atty's Ownership Claims Over Calif. Winery

    A Ninth Circuit panel on Friday revived an attorney's ownership claims over a California winery, finding factual disputes over an alleged oral agreement with the winery's former owner require a trial, while also upholding a jury's verdict that found a breach fiduciary duty claim against the attorney that awarded no damages.

  • February 21, 2025

    Wash. Health System Says Nurse Must Arbitrate Wage Claims

    A Washington-based healthcare system facing a proposed class and collective wage action in Seattle federal court contends the plaintiff nurse agreed to arbitrate any claims with the third-party staffing agencies he contracted with to work at its facilities.

Expert Analysis

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

  • Reading Tea Leaves In Fed. Circ. Deep Dive On Review Scope

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    Roy Wepner at Kaplan Breyer investigates why a recent Federal Circuit opinion spent six pages explaining its unsurprising conclusion on proper scope of review — that no deference need be afforded to the trial court in a case dismissed for failure to state a claim.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

  • NC Ruling Takes Practical Approach To Duty-To-Defend Costs

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    In Murphy-Brown v. Ace American Insurance, a case of first impression, the North Carolina Business Court adopted the commonsense rationale of many state courts in holding that policyholders' defense costs should be deemed presumtively reasonable when a insurer breaches its duty to defend, say attorneys at McGuireWoods.

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Testing The Waters As New Texas Biz Court Ends 2nd Month

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    Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent wait-and-see approach from some potential litigants, say attorneys at Norton Rose.

  • How DOJ's Visa Debit Monopolization Suit May Unfold

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    The U.S. Department of Justice's recently filed Section 2 monopolization suit against Visa offers several scenarios for a vigorous case and is likely to reveal some of the challenges faced by antitrust plaintiffs following the U.S. Supreme Court's split 2018 American Express decision, say attorneys at Mintz.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • There's No Crying In Property Valuation Baseball Arbitration

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    The World Series is the perfect time to consider how the form of arbitration used for settling MLB salary disputes — in which each side offers competing valuations to an arbitrator, who must select one — is often ideal for resolving property valuation disputes, say Sean O’Donnell at Herrick Feinstein and Mark Dunec at FTI Consulting.

  • Navigating Fla.'s Shorter Construction Defect Claim Window

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    In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.

  • Why Diversity Jurisdiction Poses Investment Fund Hurdles

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    Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.

  • Webuild Ruling Complicates Arb. Award Enforcement In US

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    A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.

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