Commercial Contracts

  • February 27, 2025

    Court Reporters Group Says Antitrust Suit Must Be Tossed

    A professional association for court reporters asked a New Jersey federal court on Thursday to toss an antitrust case against the group, saying the proposed class action misconstrues its policies and ignores that states set the certification requirements.

  • February 27, 2025

    Defunct School's $5M Deal For Students Gets Final OK

    A Connecticut judge on Thursday approved a $5 million class action settlement between a shuttered nursing school and students affected by its sudden shutdown, also awarding at least $1.25 million to the Milford firm that spearheaded the litigation.

  • February 27, 2025

    Conn. Firm Windup Fight Belongs In Arbitration, Court Told

    Connecticut attorney Ryan McKeen asked a judge Thursday to pause a derivative lawsuit his onetime 50-50 law partner Andrew Garza brought against him over the dissolution and windup of their firm, arguing that the claims should be heard in arbitration proceedings that were already cleared in a related suit.

  • February 27, 2025

    McCarter & English Wants $3.8M, Ex-Client Wants New Trial

    Scarcely a month after the Connecticut Supreme Court ruled that McCarter & English LLP is not entitled to $3.6 million in punitive damages from a federal fee feud with ex-client Jarrow Formulas Inc., the firm has requested a nearly $3.8 million judgment against the supplement company, while Jarrow has requested reimbursement and a new trial.

  • February 26, 2025

    Matterport Tells Del. Justices Ex-CEO Cash-Out Rulings Flawed

    An attorney for 3-D building imaging company Matterport Inc. and an affiliate told Delaware's Supreme Court on Wednesday that the Court of Chancery relied on a "shockingly expansive" definition of the phrase "immediately following" in a decision that ultimately added $79 million to a former CEO's postmerger cash-out after Matterport's go-public sale.

  • February 26, 2025

    Debt Collectors Accused Of Preying On Fla. Military Members

    Two debt collectors operating in Florida are accused of repeatedly violating the Fair Debt Collection Practices Act by filing lawsuits to collect consumer debt from military service members after the statutes of limitation expired on claims, according to a proposed class action filed Wednesday in federal court in Jacksonville.

  • February 26, 2025

    Skanska JV Owes Ukraine War Cost Hikes, Contractor Says

    A Skanska joint venture is the target of a breach of contract lawsuit from a Microsoft corporate campus construction subcontractor alleging it racked up $10 million in unpaid costs due in part to supply chain disruptions caused by COVID and Russia's invasion of Ukraine.

  • February 26, 2025

    US Chamber Urges 6th Circ. To Back FedEx Pension Suit Toss

    The U.S. Chamber of Commerce urged the Sixth Circuit on Wednesday to affirm dismissal of FedEx retirees' suit alleging their pensions were undervalued due to outdated mortality data used in conversions, warning that a reversal in favor of the proposed class could set off a wave of new benefits litigation.

  • February 26, 2025

    No DQ For Norton Rose In Texas Competition Row, Court Says

    Norton Rose Fulbright shouldn't be disqualified in a competitive spat between two industrial maintenance companies even though the firm has represented both entities in recent years, a state appeals court has ruled.

  • February 26, 2025

    Bowlero Strikes California Bowling With Contract Breach Suit

    Bowling giant Bowlero, which owns and operates the Professional Bowlers Association, has filed a breach of contract suit against California Bowling LLC in New York federal court, alleging that the Texas-based bowling company tried to terminate an agreement more than a year before it expired and that it owes Bowlero nearly $300,000.

  • February 26, 2025

    Conn. Judge Tosses False Origin Claims In Atty's Firing Suit

    A Connecticut federal judge has dismissed an attorney's lawsuit against his former firm and a litigation finance group described as its biggest client, nixing false designation and false origin claims surrounding the firm's alleged use of his name to lure clients after firing him.

  • February 26, 2025

    Judge Won't Disqualify Firm In Solar Co. Fraud Fight

    A federal judge denied Michigan residents' attempt to disqualify attorneys representing a bankrupt solar company's former founding CEO in their fraud case, holding that the law firm's allegedly obstructionist discovery tactics don't amount to an actual conflict of interest.

  • February 26, 2025

    Foley & Lardner Can't End Claims It 'Strung Along' Recruiter

    A legal recruiting firm can continue to pursue its claim that Foley & Lardner LLP strung it along by implying it was considering a request to bump up the recruiter's fee for placing a high-value attorney at the Boston firm, a Massachusetts state court judge ruled on Tuesday.

  • February 26, 2025

    Pot Co. Sale Dispute Tossed Over Illegal Contract

    A federal magistrate judge in Ohio has dismissed a breach of contract suit over the $5 million sale of a cannabis business, saying the contract itself is illegal because of the federal prohibition against marijuana.

  • February 25, 2025

    San Francisco Must Face Airline Group's Suit Over Health Law

    San Francisco lost its bid to escape an airline industry group's challenge to a healthcare ordinance Tuesday, with a California federal judge ruling that the city and county must face claims that the Healthy Airport Ordinance is preempted by three federal statutes.

  • February 25, 2025

    Wage-Fixing Jury Should Hear Of DOJ Pivot, Exec Says

    A nursing executive headed for trial next month on wage-fixing charges has urged a Nevada federal judge to let the jury hear that before 2016 the Justice Department didn't view such conduct as criminal, in the lone remaining test of the DOJ's labor antitrust enforcement initiative.

  • February 25, 2025

    Pa. Biotech Co. Can't Escape $4M Trade Secrets Award

    A Delaware vice chancellor declined Monday to nix a nearly $4 million arbitral award issued to Finnish company UPM-Kymmene Corp. in a long-running trade secrets dispute, ruling that a link between the arbitrator and the Finnish company's counsel at DLA Piper was "at most, an attenuated connection."

  • February 25, 2025

    Drinks Co. Ex-CEO Files $732M Sanctions Motion Against Firm

    The former CEO of an energy drinks company on Tuesday urged a Florida state court to impose $732 million in sanctions against a law firm in a legal fees dispute, saying its attorneys' litigation misconduct caused serious financial harm while representing him in a separate federal bankruptcy case.

  • February 25, 2025

    Chicago Escapes Bulk Of Insurer's $26M Willis Tower Suit 

    An Illinois federal judge dismissed the majority of a dozen counts brought by Travelers against the city of Chicago and its water district seeking repayment for $26 million in flood damage to Willis Tower, leaving only common law negligence claims.

  • February 25, 2025

    Fla. Bill Targets Last-Resort Coverage For Unsafe Condos

    A bill introduced ahead of Florida's 2025 legislative session looks to bar the state's Citizens Property Insurance Corp. from providing or renewing coverage policies for condominiums that fall short of inspection requirements.

  • February 25, 2025

    Warner Bros. Can't Nix 'ER' Ripoff Suit Over 'The Pitt'

    Warner Bros. Television can't nix a contract breach lawsuit filed by the estate of "ER" creator Michael Crichton alleging the media company's medical drama, "The Pitt," is an unauthorized reboot of "ER," after a California judge ruled the plaintiffs' evidence shows, on its face, WB's show is derived from "ER."

  • February 25, 2025

    Businessman Looks To Nix $21M Arbitral Award

    A businessman who controls real estate investment firm World Capital Properties Ltd. is urging the Eleventh Circuit to nix the enforcement of a $21.3 million arbitral award against him, arguing that he never signed an underlying arbitration agreement and objected "early, often and consistently" to the arbitration.

  • February 25, 2025

    Judge Lets RJ Reynolds, Altria Seal Docs From Juul Deal

    A federal judge in North Carolina on Tuesday granted requests by tobacco giant R.J. Reynolds Vapor Co. and rival Philip Morris' parent company to seal documents in their ongoing royalty dispute, keeping details of their licensing agreements with the vape brand JUUL confidential.

  • February 25, 2025

    FTC Wins Discovery Spat In Amazon Prime Subscription Suit

    A Washington federal judge won't force the Federal Trade Commission to share with Amazon discussions during past rulemaking about the scope of a federal law protecting online shoppers from deceptive billing, concluding for a second time that such information is irrelevant to whether the company's Prime subscription practices are illegal.

  • February 25, 2025

    J&J Says Samsung Is Breaking Deal Over Stelara Biosimilar

    Johnson & Johnson and Janssen Biotech have launched a breach of contract suit against Samsung Bioepis over their agreement to let Samsung launch a biosimilar version of J&J's blockbuster biologic Stelara before all patents expire, accusing the company of violating the provision against assigning or sublicensing the patent rights to other parties.

Expert Analysis

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

  • 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.

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