Commercial Contracts

  • March 24, 2025

    Limp Bizkit Expands UMG Royalties Fight To State Court

    Limp Bizkit, lead singer Fred Durst and their record label launched a second front against Universal Music Group in California state court over claims that its "royalty software" has shorted artists more than $200 million, after a federal judge ruled he couldn't oversee the bulk of the claims.

  • March 24, 2025

    Live Nation Inks $20M Deal Over Swift Tour-Tied Investor Suit

    Investors suing Live Nation Entertainment Inc. have asked a California federal judge to approve a $20 million deal ending claims that the company made misleading statements about its operations when news of alleged anticompetitive practices with Ticketmaster caused stock prices to drop following the tickets sales debacle for Taylor Swift's The Eras Tour.

  • March 24, 2025

    NC Urges Court To Rule Fla. Realty Co. Duped Homeowners

    The North Carolina Attorney General's Office has urged a state business court to find that a Florida real estate company targeted homeowners and tricked them into signing long-term predatory agreements in exchange for small cash advances, saying it is undisputed that the law was broken.

  • March 24, 2025

    Bread Financial Gets Investor's Spinoff Suit Tossed For Good

    Bread Financial Holdings Inc. and some of its executives have beaten a shareholder suit alleging that they tried to defraud investors by concealing issues with now-bankrupt spinoff company Loyalty Ventures, with a court ruling that the defendants had made necessary disclosures to investors.

  • March 24, 2025

    Period App Users Get $3.5M In Privacy Deal With Analytics Co.

    A defunct mobile analytics company caught up in a proposed class action alleging a menstruation tracking app impermissibly shared health information with Google and others has agreed to a $3.5 million settlement with app users, given its "limited pool of funds," app users informed a California federal court on Friday.

  • March 24, 2025

    Byron Allen Can't Revive $100M McDonald's Fraud Suit

    A California appeals court on Monday refused to revive Byron Allen's $100 million fraud lawsuit over McDonald's 2021 pledge to spend more advertising money on Black-owned media, saying the fast food giant did not make an actionable business commitment by "joining a national dialog on racial inequity."

  • March 24, 2025

    United Healthcare Escapes Some Of Diagnostic Co.'s Claims

    A Texas federal judge has wiped away a good portion of a cancer diagnostics company's suit against United Healthcare Services Inc., but left intact the company's claim that United breached an implied contract when it started to take back money it had already paid out.

  • March 24, 2025

    Chancery Won't Restart Disputed Bitcoin ATMs For Now

    Delaware's Court of Chancery refused on Monday to order reactivation of dozens of bitcoin cryptocurrency ATM kiosks shut down by an Iowa grocery chain after that state's attorney general sued Bitcoin Depot and a similar operation for alleged scamming of users.

  • March 24, 2025

    NC Justices Set Preservation Rule For Bids To Undo Verdicts

    The former CEO of a high-speed knitting machine manufacturer failed to preserve key arguments at the trial court in his efforts to undo a jury's $3 million award against him for self-dealing, North Carolina's highest court said Friday, using his case to endorse preservation requirements for parties asking a judge to overturn a jury verdict.

  • March 24, 2025

    9th Circ. Won't Revive Talent Agency's Litigation Coverage Bid

    United Talent Agency isn't entitled to coverage from Markel American Insurance Co. in an underlying lawsuit alleging the talent company poached a rival's clients, the Ninth Circuit has said, finding the underlying claims involved "willful acts" by United Talent that block coverage under the California Insurance Code.

  • March 24, 2025

    Mich. Judge Orders Auto Parts Co. To Continue Shipments

    A Michigan federal judge has said the risk of layoffs and plummeting production is enough to keep an auto parts supplier shipping transmission parts to a Daimler Truck North America subsidiary, even as he acknowledged a potential conflict in a state court's interpretation of contract law.

  • March 24, 2025

    Fla. Judge OKs $19.3M In Spinal Products Noncompete Suit

    A Florida federal judge approved a $19.3 million judgment against the owner of a distributor and his affiliated companies, finding that he owes damages for breaching an exclusive sales agreement with a spinal products manufacturer in a case with a "tortured history" that lasted for more than six years.

  • March 24, 2025

    Residents Rip Hospital Co.'s 'Scorched-Earth' Sanctions Bid

    A proposed class of Connecticut residents pursuing antitrust claims against Hartford HealthCare Corp. slammed the company's bid to sanction them for seeking judicial enforcement of a document exchange deal the parties had reached, arguing that sanctions would only complicate discovery rather than help it along.

  • March 24, 2025

    Colo. Justices Take Subcontractor's Forfeit For Excess Case

    The Colorado Supreme Court will consider whether a construction company that allegedly overstated how much it was owed from a project to build a new Denver rail line forfeited its ability to pursue any remedy for that $12.7 million claim, in a case involving a novel interpretation of a public works law.

  • March 24, 2025

    3rd Circ. Upholds No-Coverage Ruling For PNC's $106M Loss

    PNC Bank NA can't get coverage for a more than $106 million judgment it paid over underlying claims that a bank PNC acquired had mismanaged certain trust accounts, the Third Circuit ruled, finding a provision that barred coverage for wrongful acts occurring before an acquisition was applicable.

  • March 24, 2025

    Ga. Law Firm Accuses Recruiting Agency Of Contract Breach

    Atlanta law firm Mozley Finlayson & Loggins LLP is accusing recruiting company Frederick Fox LLC of breach of contract after it refused to pay back a more than $36,000 placement fee when its candidate quickly left his role.

  • March 24, 2025

    Netlist Again Wins Samsung Patent Contract Suit On Retrial

    Netlist Inc. secured a repeat win Monday in a California federal court retrial of a breach of contract suit against Samsung Electronics Co., a verdict that itself carries no money judgment but bolsters the chipmaker's position on maintaining $421 million worth of patent infringement damages from separate trials.

  • March 24, 2025

    NC High Court OKs Fee Suit Over Campus COVID Closures

    The North Carolina Supreme Court has kept alive a proposed class action over student fees paid to public universities whose campuses shut down during the COVID-19 pandemic, finding sovereign immunity doesn't bar the students' breach of contract claims.

  • March 21, 2025

    NHL, CHL Antitrust Suit May Require Plaintiff Line Change

    A Washington federal judge on Friday asked the National Hockey League if a rule that dictates where junior athletes can play restricted the freedom of player movement, but the judge also questioned if the wrong players were plaintiffs in an antitrust suit because they were never drafted by the premiere professional league.

  • March 21, 2025

    Netlist 'Invented' Samsung Breach For Patent Grab, Jury Told

    A lawyer for Samsung Electronics Co. closed out the third trial in contract litigation with Netlist Inc. on Friday by telling a California federal jury that the chipmaker has "invented" a nonexistent breach because it wants to claw back valuable patent licenses.

  • March 21, 2025

    NJ, Pa. Claims Over Amazon Price Hike Project Cut For Good

    Pennsylvania and New Jersey's attorneys general's efforts to shore up state law claims in the Federal Trade Commission monopolization lawsuit against Amazon.com failed after a Washington federal judge found nothing "unconscionable" about a project that matches rivals' price increases or deceptive about its concealment.

  • March 21, 2025

    Amazon Beats Consumer's Suit Over Late Delivery Again

    A Washington federal judge on Friday permanently threw out a proposed class action accusing Amazon of breaking scheduled delivery promises, finding that the e-commerce giant did not engage in deception by requiring customers to request shipping fee refunds for packages that arrive after a guaranteed time.

  • March 21, 2025

    Lockheed, Navy Push To Nix $8.25M Dock Damage Suit

    Lockheed Martin and the U.S. Navy are urging a Michigan federal judge to dismiss a marine transportation company's lawsuit accusing them of negligently causing $8.25 million worth of damages to its dock while testing a naval combat vessel.

  • March 21, 2025

    Loan Servicer Faces 'Zombie Mortgage' Truth In Lending Suit

    A mortgage loan servicer that allegedly tried to charge a North Carolina borrower $160,000 for a mortgage he discharged in bankruptcy during the Great Recession got hit with a proposed federal class action accusing it and a trust that purportedly attempted to foreclose his house of violating the Truth in Lending Act.

  • March 21, 2025

    Crocs Defends News Release In Bid To Beat Defamation Suit

    Footwear maker Crocs Inc. told a Colorado federal judge Friday that a 2022 news release in which it said Crocs secured "a judgment of infringement" against a rival company was at least substantially true, contending that's enough to defeat the rival's summary judgment bid in a defamation suit.

Expert Analysis

  • 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.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Bristol-Myers Win Offers Lessons For Debt Security Holders

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    A New York federal judge's recent dismissal of a $6.4 billion lawsuit against Bristol-Myers Squibb, due to plaintiff UMB Bank's lack of standing, serves as an important reminder to debt security holders to obtain depositary proxies before pursuing litigation, say attorneys at Milbank.

  • 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.

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