Commercial Contracts

  • September 17, 2025

    NCR Pushes For Full 11th Circ. Review In Pension Payout Spat

    Software company NCR Corp. asked the full Eleventh Circuit on Tuesday to examine a pension payout fight with former executives in the wake of a three-judge panel's ruling last month that the company can't issue lump-sum payments to plan participants as alternatives to promised life annuities.

  • September 17, 2025

    Judge Probes Alleged Rivalry In Captive Insurer's Collapse

    A North Carolina Business Court judge on Wednesday wanted help deciding whether a Georgia insurance company belongs in a fight over a defunct captive insurer's demise, but neither party seemed to have the answers he needed.

  • September 17, 2025

    Credit Investment Firm Sues UBS Over Naked Juice Loan Deal

    A Connecticut branch of UBS faces a credit-investment firm's claims that UBS breached the terms of a loan participation agreement funding bottled juice company Naked Juice LLC after a restructuring of the agreement resulted in less favorable terms for the limited partnership.

  • September 17, 2025

    Conn. Gallery Owner Must Face 'Fake' Art Sale Claims

    A Greenwich, Connecticut-based art seller should face a jury on claims that it sold a fake Keith Haring chalk drawing for $165,000 after vouching for its authenticity, a judge has ruled, denying a gallery's request for a quick win on eight of nine counts.

  • September 17, 2025

    5th Circ. Says Genesis Not Indemnified In Platform Injury Suit

    The Fifth Circuit on Tuesday affirmed that Danos LLC is not required to indemnify Genesis Energy in the defense of a suit by a worker who fell during an oil platform repair, finding the contract between the companies is not covered by maritime law.

  • September 17, 2025

    Colo. Judge Denies ACE's Bid To Halt USA Cricket Split

    A Colorado state judge refused Wednesday to stop USA Cricket from immediately ending its partnership with American Cricket Enterprises LLC, saying the sport's governing body must have a chance to be heard before deciding on ACE's request to maintain the agreement.

  • September 17, 2025

    Boeing, DOJ Say FAA Fines Don't Sway Conspiracy Case

    Boeing and the federal government have told a Texas federal judge that the Federal Aviation Administration's recent proposal to fine Boeing $3.1 million for safety violations shouldn't factor into the 737 Max 8 criminal conspiracy case they're hoping to have wiped from the docket.

  • September 17, 2025

    Media Matters Again Denied Transfer Of X's Nazi Posts Suit

    Media Matters for America must remain in Texas for X Corp.'s defamation lawsuit over a story about ads running alongside Neo-Nazi content, after a federal judge again refused Tuesday to transfer the case to California following a Fifth Circuit decision nixing a previous rejection of transfer.

  • September 17, 2025

    Don Jr.-Backed Patent Co. Hires Nokia Licensing Exec

    SIM IP, the newest venture by high-profile patent monetizer Erich Spangenberg, has brought on Nokia's chief licensing officer to serve as managing director.

  • September 17, 2025

    Billionaire Vik Eyes $11.5M Fee After Beating Deutsche Bank

    A lawyer for billionaire Alexander Vik told a Connecticut appeals panel Wednesday that a judge should have followed Turks and Caicos Islands law to award more than $11.5 million in attorney fees when he beat Deutsche Bank in a long-running lawsuit that sought to collect on a $243 million judgment over unpaid margin calls.

  • September 17, 2025

    Broker Can't Trim Chipwich Maker's $4.5M Recall Loss Suit

    A Connecticut state court refused to nix a breach of contract claim in an ice cream sandwich maker's $4.5 million suit accusing its insurance broker of failing to recommend and procure insurance that would cover a food recall.

  • September 17, 2025

    Charter Can't Dodge Cable Royalties In Texas, 5th Circ. Rules

    Charter Communications cannot avoid paying a 3% royalty for the use of cable permits in three Texas cities' rights of way, regardless of a change in state permitting law, the Fifth Circuit ruled Wednesday.

  • September 17, 2025

    Anthropic, Reddit Spar Over Keeping AI Case In Federal Court

    Artificial intelligence startup Anthropic has asked a California federal judge to keep Reddit's claims that user content is used to train large language models in federal court, saying that at least one of Reddit's claims are preempted by the Copyright Act and effectively arise from federal law.

  • September 17, 2025

    Chubb Unit Wants Data, Cyber Cos. To Pay Ransomware Cost

    A Chubb insurance unit has claimed a data management company and a cybersecurity firm failed to prevent or mitigate a ransomware attack on one of its policyholders, leading to the insurer being on the hook for more than $500,000 in damages, according to a lawsuit filed in New Jersey federal court.

  • September 17, 2025

    Fiat Chrysler, Supplier Resolve Dispute Over Pacifica Recall

    Fiat Chrysler has reached a resolution in its lawsuit against a supplier the automaker alleged was responsible for a faulty part that spurred a recall, according to a stipulated order dismissing the case Tuesday.

  • September 17, 2025

    No Response From Insurers To Coverage Requests, Co. Says

    A Seattle-based marine logistics company told a Washington federal court that a trio of marine insurers failed to issue a coverage opinion before it ultimately settled an arbitration earlier this year involving an $18.6 million counterclaim over vessel damage, adding that the insurers conducted no investigation, either.

  • September 17, 2025

    3rd Circ. Panel Puzzled By Economics Of NCAA Eligibility

    The introduction of compensation for college athletes may have changed the economic effects of the NCAA's eligibility rules, but a Third Circuit panel wondered Wednesday whether enough analysis on the specific effects had been done to justify suspending one of those rules for a Rutgers University football player.

  • September 17, 2025

    Giuliani Must Pay Attys $1.4M After Missing Bills Claim Fails

    A New York state judge has awarded nearly $1.4 million to Davidoff Hutcher & Citron LLP in its lawsuit accusing former New York City Mayor Rudy Giuliani of racking up unpaid legal bills for the firm's work in various criminal, civil and administrative matters.

  • September 17, 2025

    Charter Jet Co. Alleges GE Engine Defect Caused Fatal Crash

    A charter flight company is suing General Electric Co., Bombardier Inc. and a group of airplane maintenance companies over a fatal crash, saying that GE's engine was defective and prone to corrosion that it didn't warn buyers about and which the maintenance companies failed to detect.

  • September 17, 2025

    Yale Health System Settles $435M Hospital Sale Suit

    Yale New Haven Health Services Corp., Connecticut's largest hospital system, has reached a settlement in principle with bankrupt Prospect Medical Holdings Inc. that would resolve a $435 million contract dispute over the sale of several hospitals in the state.

  • September 16, 2025

    Texas AG Probes Glass Lewis, ISS On ESG Advice

    The Texas Office of the Attorney General launched an investigation into Glass Lewis & Co. and Institutional Shareholder Services Inc., claiming Tuesday the proxy advisory firms misled public companies and institutional investors to push for left-wing social causes.

  • September 16, 2025

    Miami Hospital's Ex-COO Admits To Embezzling $4.3M

    The former chief operating officer of the fundraising arm for a taxpayer-funded Miami health system pled guilty to a wire fraud charge in Florida federal court, admitting to embezzling $4.3 million from the nonprofit and receiving kickbacks after submitting false vendor invoices. 

  • September 16, 2025

    Goldman, Morgan Stanley Beat Archegos Suit At 2nd Circ.

    The Second Circuit on Tuesday upheld the dismissal of a lawsuit accusing Goldman Sachs and Morgan Stanley of profiting off insider knowledge that the investment firm Archegos Capital Management was about to collapse, ruling that the companies had no duty to withhold from trading on the information.

  • September 16, 2025

    Bakery Drivers Are Exempt From Arbitration, 2nd Circ. Told

    Two Connecticut delivery drivers asked the Second Circuit on Tuesday to reverse an order sending their employment misclassification lawsuit to arbitration, arguing the Federal Arbitration Act doesn't apply to workers engaged in interstate commerce and cuts through contracts that purportedly cast them as independent contractors.

  • September 16, 2025

    Starbucks Resolves Swipe Fee Claims With BofA, Mastercard

    Starbucks is the latest retailer to settle claims in an antitrust action Tuesday in New York federal court alleging Mastercard, Bank of America and several other financial institutions were part of an illegal scheme forcing merchants to pay excessive fees when shoppers pay with their credit or debit cards. 

Expert Analysis

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

  • The Crucial Question Left Unanswered In EpicentRx Decision

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    The California Supreme Court recently issued its long-awaited decision in EpicentRx Inc. v. Superior Court, resolving a dispute regarding the enforceability of forum selection clauses, but the question remains whether private companies can trust that courts will continue to consistently enforce forum selection clauses in corporate charters, says John Yow at Yow PC.

  • Why EpicentRx Ruling Is A Major Win For Business Certainty

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    The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Lessons From Liberty Mutual FCPA Declination

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    Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • FTC Focus: When Green Goals And Antitrust Law Collide

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    A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.

  • How Bankruptcy Law Caps Landlords' Rejected Lease Claims

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    With corporate bankruptcy filings for the first half of the year at a 15-year high, landlords should be prepared for commercial tenants to use the bankruptcy process to reject unwanted leases in order to lessen corporate footprints and improve liquidity, say attorneys at Mintz.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • How To Address Tariff-Related Risks In Commercial Contracts

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    Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • A New IP Game Plan For College Football Players

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    For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.

  • 11th Circ. Ruling Shows Federal Question Jurisdiction Limits

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    The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

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