Commercial Contracts

  • April 01, 2025

    NC Judge Affirms $68M Arbitration Award For Volvo

    A North Carolina judge affirmed a $68 million arbitration award Tuesday in Volvo Group North America LLC's favor over a Mexican auto parts manufacturer it accused of supplying the company with defective input shafts, an award that Volvo's counsel said is possibly the largest in the Tar Heel State court history.

  • April 01, 2025

    9th Circ. Urged To Keep Capital Group 401(k) Suit In Court

    An employee retirement plan participant urged the Ninth Circuit to keep in court her proposed class action alleging 401(k) mismanagement by The Capital Group Cos., arguing a lower court correctly blocked an arbitration provision in the plan that waived statutory rights under federal benefits law.

  • April 01, 2025

    French Auto Co., Ford Supplier Settle $4.5M Sensor Suit

    A U.S. automotive supplier has resolved its lawsuit accusing a unit of a French automotive company of failing to cover costs incurred from warranty claims because it sold defective speed sensors that were later built into Ford vehicles, according to a Monday order closing the case.

  • April 01, 2025

    Ex-Manager Asks To Toss Remainder Of Singer's Contract Suit

    The former manager for the Season 18 "American Idol" contestant behind the 2022 hit "Fingers Crossed" is hoping to toss what remains of her New York federal lawsuit against him, accusing the artist of trying to stop him from collecting his firm's entitlements under their agreement.

  • April 01, 2025

    Yale Student Accused Of AI Cheating Can't Sue Anonymously

    A Yale University student who was suspended for allegedly using artificial intelligence to cheat on a final exam can no longer shield his identity while he sues the school and officials for damages and a reversal of his discipline, a Connecticut federal judge has ruled.

  • March 31, 2025

    Insurer Beats Energy Cos.' Settlement Coverage Suit, For Now

    A Texas federal court tossed a lawsuit from a group of energy companies accusing Berkley National Insurance Co. of favoring the settlement of one underlying wrongful death lawsuit over another unrelated injury lawsuit, finding the companies' complaint fails to allege they've incurred damages exceeding their policy limits.

  • March 31, 2025

    Caterpillar Escapes $100M Contract Breach Verdict

    A Delaware federal court on Monday vacated $100 million in damages awarded to a defunct equipment importer that accused Caterpillar of interfering with a contract, and also refused to order a new trial for antitrust claims against the manufacturer.

  • March 31, 2025

    Firm Says Ex-Fin. Adviser Can't Arbitrate Trade Secrets Claims

    A Connecticut financial firm told a state court that an ex-adviser can't arbitrate claims that he swiped trade secrets and formed his own competing company, citing the "plain language" of his employment agreement.

  • March 31, 2025

    Primerica Can't Force Arbitration In $1.4M Theft Suit

    Primerica cannot force two women who claim they were the victims of theft totaling $1.4 million to go to arbitration because they did not affirmatively sign an account agreement, a New Jersey appellate panel ruled Monday.

  • March 31, 2025

    Mich. Judge Dismisses Biz's 'Pump-And-Dump' RICO Suit

    A Michigan federal judge on Monday tossed what he called a confusing "power struggle" of a lawsuit from a company accusing its former leaders of conspiring to install a CEO and leading a pump-and-dump scheme, finding that the company was essentially improperly seeking review of a prior state court judgment that it lost.

  • March 31, 2025

    Costa Rica Dodges Bankrupt Telecom Co.'s $25M Claim

    A bankrupt telecommunications company owner's $25 million arbitration against Costa Rica has been discontinued after the owner failed to show he could deposit and maintain a surety bond to secure the costs of the proceedings, according to the country's counsel.

  • March 31, 2025

    Origins Tech Can't Dodge Counterclaims In $4M Dispute

    Origins Tech Inc. and its officers can't get counterclaims against them tossed in a $4 million suit over losses from a loan and the canceled acquisition of a cannabis license, a Utah federal judge ruled on Monday, giving a shareholder the opportunity to amend his counterclaims.

  • March 31, 2025

    Insurer Denies Coverage For Crushing Death, Alleging Lies

    A wood company's insurer said it owed nothing in connection with the crushing death of a recycling company worker who was killed by equipment rented from the wood seller, telling a California federal court that its insured misrepresented itself when claiming it didn't lease equipment on its coverage application.

  • March 31, 2025

    Feds' Race Bias Suit Should Target Appraiser, Rocket Says

    Rocket Mortgage LLC has urged a Colorado federal court to dismiss the federal government's race discrimination suit against the mortgage lender, an appraisal management company and an appraiser, arguing it is not responsible for what the appraiser purportedly did.

  • March 31, 2025

    NC Judge Axes Mexican Truck Co.'s $70M Volvo Suit

    A North Carolina federal judge tossed out a Mexican trucking company's $70 million suit against Volvo Group North America LLC in a one-page order adopting a magistrate judge's recommendation that the case be dismissed for leaving out "necessary and indispensable parties" for the contract claims to survive.

  • March 31, 2025

    'American Idol' Singer Wants Early Win In Contract Fight

    Songwriter and former "American Idol" contestant Lauren Spencer-Smith, who rose to fame when her 2022 song "Fingers Crossed" went viral on TikTok, is seeking an early win for her New York federal lawsuit's breach of fiduciary and contractual obligations and faithless servant allegations, saying Saturday that the defendants "took the trust that was reposed in them as Spencer-Smith's attorneys and agents, and used that trust for their own benefit to the detriment of Spencer-Smith."

  • March 28, 2025

    Colo. Beats Amgen's Drug Price Cap Challenge, For Now

    A Colorado federal judge Friday threw out Amgen's challenge to the Centennial State's drug price cap system, finding that Amgen is not subject to "direct regulation" under the law it's challenging and therefore doesn't have standing to sue.

  • March 28, 2025

    Chance The Rapper Can't Whittle Biz Fight With Ex-Manager

    Chance the Rapper cannot ditch his ex-manager's claim for three years of commission payments under a contract he allegedly violated, an Illinois state court judge has said, rejecting the artist's assertion that the claim was statutorily barred.  

  • March 28, 2025

    Bitcoin Mining Insurance Co. Sued In Del. For $32M Breach

    A financial products and services venture sued individuals and companies behind a purported bitcoin mining "total protection" insurance plan in Delaware's Court of Chancery Friday, alleging failures to honor commitments to pay out up to $32.7 million in customer returns on nearly $7 million in investments.

  • March 28, 2025

    Dr. Martens Maker Moves To Keep Shein TM Fight Alive

    The maker of Dr. Martens shoes said an affiliate of fast-fashion giant Shein shouldn't be able to dodge accusations of selling knockoff products and violating the terms of a previous intellectual property settlement agreement, arguing it has sufficiently laid out its case.

  • March 28, 2025

    Grocery Vendor Gets $3M In Atty Fees In Bony Chicken Case

    A Washington federal judge has awarded an Evergreen State grocery vendor about $3 million in attorney fees following its $10.5 million jury trial win in its case blaming a poultry producer for a lost chicken burger deal with Trader Joe's, acknowledging the "excellent work" of the plaintiff's counsel while stopping short of granting the full $4.5 million fee request.

  • March 28, 2025

    Edtech Co. Instructure Faces Parent Suit Over Data Harvesting

    Education technology company Instructure, which claims to offer the nation's second most widely used learning management system, faces a suit brought by parents alleging that the company's "massive data-harvesting apparatus" violates the constitutionally guaranteed privacy rights of school-age children.

  • March 28, 2025

    Google Privacy Fight Raises 'Classic' Trial Issues, Judge Says

    A California federal judge Friday doubted consumers' bid to certify a class of Chrome users in a revived lawsuit accusing Google of surreptitiously collecting their data while also observing that the case raises "classic" trial questions and asking how else Americans could "tell corporations what they believe to be offensive?"

  • March 28, 2025

    Wash. Uber Driver Fails To Upend Arbitration Over Termination

    A Washington federal judge has thrown out an ex-Uber driver's case seeking to block the ride-hailing company from forcing him to settle his wrongful termination dispute in arbitration, despite the plaintiff's argument that a 2024 U.S. Supreme Court ruling upended the company's case for arbitration.  

  • March 28, 2025

    Singapore Court Chides Indian Hotel Owner In Hilton Feud

    A Singapore appellate court on Friday refused to set aside arbitral awards favoring certain Hilton entities in a dispute over a management deal with the owner of a luxury Indian hotel, in an opinion that cautions litigants against launching unmeritorious "backdoor" appeals challenging arbitral awards.

Expert Analysis

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • How To Avoid Risking Arbitration Award Confidentiality In NY

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    Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Review Shipping Terms In Light Of These 3 Global Challenges

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    Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.

  • Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'

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    A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Int'l Agreements Are Key For Safe Nuclear Waste Disposal

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    By replacing fossil fuels, nuclear energy has the potential to offer a major contribution to the global fight against climate change — but ensuring that nuclear power is safe and sustainable will require binding, multinational agreements for safe nuclear waste disposal, say Ryan Schermerhorn and Christopher Zahn at Marshall Gerstein.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Opinion

    FTC's Report Criticizing Drug Middlemen Is Flawed

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    The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

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