Commercial Contracts

  • March 18, 2025

    Amazon Asks To Claw Back Docs In Consumer Antitrust Suits

    Amazon has asked a Washington federal court to allow it to claw back three documents it has deemed as privileged from consumers in a trio of proposed antitrust class actions, saying that the plaintiffs are refusing to return or destroy them after quoting them in their motion for class certification.

  • March 18, 2025

    'Disturbed' Singer Down With Sickness From Mold Sues Landlord

    The lead singer of the rock band Disturbed has brought a lawsuit against the owner of the Miami-area digs he was renting for $18,500 a month, saying mold spawned by a leaky roof created a condition that impacted his ability to tour with his band.

  • March 18, 2025

    Netlist Slams Samsung's 'Abuse Of Power' As 3rd Trial Begins

    Samsung Electronics Co. engaged in a "raw abuse of power" when it breached the terms of a patent licensing agreement with chipmaker Netlist Inc., a jury heard Tuesday as the contract dispute went to trial for the third time in California federal court.

  • March 18, 2025

    Norfolk Southern Asks Justices To Skip CSX's Antitrust Case

    There's no reason the U.S. Supreme Court should disturb a Fourth Circuit ruling finding railway giant CSX waited too long to bring an antitrust lawsuit against Norfolk Southern over a switching line the two companies have been fighting over for years now, Norfolk has told the justices.

  • March 18, 2025

    Amazon Denied Quick Appeal For E-Book Antitrust Claims

    A New York federal court denied Amazon's request to immediately appeal a district court's refusal to toss a proposed class action accusing it of monopolizing the e-book market, saying the e-commerce giant just disagrees with the decision.

  • March 18, 2025

    Curaleaf Cos. Say Illegal Contract Nixes Farm's $32M Verdict

    Curaleaf units that lost a $31.8 million trial in January are urging a Michigan federal court to wipe out the verdict, saying the contract at issue violates federal law, warranting either a judgment as a matter of law or a new trial.

  • March 18, 2025

    DraftKings Must Face Claims In MLB Players' NIL Suit

    DraftKings has failed to convince a Pennsylvania federal judge to toss a lawsuit against it claiming the company unlawfully used images of MLB players for promotional purposes, as the court rejected the argument that using the pictures was protected speech.

  • March 18, 2025

    Maynard Nexsen Adds 5 Constangy Employment Attys In LA

    Maynard Nexsen PC has brought a 5-lawyer team from labor and employment firm Constangy Brooks Smith & Prophete LLP to its Los Angeles office, bringing on a team that is experienced in management-side employment law and can converse in six languages.

  • March 18, 2025

    Hogan Lovells Adds Ex-Apis Atty Amid Expected M&A Pickup

    The former head of legal compliance at Apis & Heritage Capital Partners is now Hogan Lovells' head of New York financial institutions mergers and acquisitions, the firm announced Monday as it prepares for what it expects will be a rise in M&A activity.

  • March 18, 2025

    NC Dance Teams' TM Feud Likened To MLB Rivalry At 4th Circ.

    An attorney for a North Carolina charter school on Tuesday used one of the biggest rivalries in Major League Baseball to illustrate for the Fourth Circuit how two former teachers stole its alleged dance team trademark and used pictures of the school's team to trick parents.

  • March 18, 2025

    Whistleblower Says Perdue Farms' DOL Battle Is Premature

    A whistleblower pursuing retaliation claims against Perdue Farms Inc. at the U.S. Department of Labor over the company allegedly sending him unhealthy chickens to raise after he raised concerns about the company's sanitation standards urged a North Carolina federal judge to throw out the poultry producer's case, arguing the court lacks jurisdiction.

  • March 17, 2025

    Ex-Opioid Co. CEO Wants Out Of Law Firm's Billing Suit

    A convicted former CEO of an opioid distributor is urging a New York federal judge to dismiss his criminal defense firm's suit against him over an alleged unpaid $150,000 expert witness tab, saying the suit fails because of "the clear and unambiguous language of the retainer agreements."

  • March 17, 2025

    BYD Affiliate Beats Megaclaim Over N95 Mask Deal

    A company with corporate ties to Chinese electric vehicle company BYD Co. Ltd. has fended off a megaclaim over a supply contract for personal protective equipment asserted by a Florida medical supply company that sought hundreds of millions of dollars in damages.

  • March 17, 2025

    Judge Ends Ex-Ga. Tech Prof's Suit Over Finance Probe

    Two Georgia Tech auditors have escaped a malicious prosecution suit from a former professor over allegedly suspicious financial dealings by his startup that they flagged, as a Georgia federal judge said the professor "failed to provide evidence" his rights were violated.

  • March 17, 2025

    Wayne Gretzky Suing Co-Investor For Malicious Prosecution

    NHL legend Wayne Gretzky and his wife filed a lawsuit in California state court against a co-investor in a failed weight-loss business, whom he alleges lodged a meritless suit against him in 2022 to "score a quick payday" after accusing him of contributing to the demise of the company.

  • March 17, 2025

    Exxon Committed 'Straightforward Fraud,' Investors Say

    Exxon Mobil Corp. investors told a Texas federal court that the energy giant's antics surrounding its operations in Kearl Lake amount to a "straightforward fraud," and that the court should reject Exxon's bid for judgment as a matter of law.

  • March 17, 2025

    ITC Hears Strong Views On Import Bans For Essential Patents

    As the U.S. International Trade Commission reviews a case where a judge said Amazon infringed Nokia standard-essential patents, tech giants told the ITC that import bans should rarely be issued for such patents, while patent advocates said such orders are "unquestionably" allowed.

  • March 17, 2025

    Amazon Beats Investor Suit Over Third-Party Seller Practices

    A Washington federal judge on Monday tossed a consolidated proposed securities class action claiming Amazon and its top brass duped investors about the company's fulfillment capacity and third-party seller practices, finding the lawsuit doesn't sufficiently allege the executives were deliberately reckless or motivated to deceive shareholders.

  • March 17, 2025

    Burger King Workers Defend Revived No-Poach Case

    Burger King employees are defending their proposed class action over the fast-food chain's past use of no-poach provisions in its franchise agreements, as the restaurant urges a Florida federal court to toss the claims despite an appeals court reviving them in 2022.

  • March 17, 2025

    Wash. AG Backs Tribe's $400M Trespass Win Against BNSF

    The state of Washington has said the Ninth Circuit should uphold a trial judge's ruling that BNSF Railway Co. owes nearly $400 million for years of illegally running oil cars across tribal territory, arguing in an amicus brief the railroad must be held accountable for perpetuating "a pattern of disregard for the sovereignty of Native people."

  • March 17, 2025

    Insurer Drops Claims That Lamp Cos.' Negligence Caused Fire

    A Detroit cannabis farm and its insurance company have agreed to drop a lawsuit alleging a host of lighting and gardening equipment manufacturers negligently designed and marketed their products, after a grow lamp malfunction led to a fire that caused more than $8.5 million of damage at a grow facility.

  • March 17, 2025

    X Says Nonprofit Is Using Calif. Court To Evade Texas Suit

    X Corp. told a Texas federal judge a left-leaning media watchdog was trying to use a California court to weasel out of a suit accusing the nonprofit of running defamatory articles, saying Monday it was first to file and that the suit should stay in the Lone Star State.

  • March 17, 2025

    Yale Unit Questions Prospect Medical's Ch. 11 Sale Plan

    Yale New Haven Health Services Corp. is questioning whether bankrupt hospital owner Prospect Medical Holdings Inc.'s attempt to sell its three Connecticut facilities through a Texas Chapter 11 proceeding will affect Yale New Haven's rights under a $435 million asset purchase agreement covering the same properties.

  • March 17, 2025

    Vague Settlement Can't Free Insurer From Asbestos Claims

    An insurer that says its policies' limits were exhausted while paying over $5 million toward an asbestos injury settlement on behalf of BNSF Railway failed to show it actually went over its limits, a Texas appeals court found. 

  • March 17, 2025

    Drake 'Lost A Rap Battle That He Provoked,' UMG Tells Court

    Universal Music Group urged a New York federal judge Monday to throw out Aubrey Drake Graham's lawsuit over the hit Kendrick Lamar diss track "Not Like Us," saying Drake cannot claim defamation for hyperbolic insults that came out of a rap battle "in which he willingly participated."

Expert Analysis

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • The 6 Most Significant FCRA Litigation Developments Of 2024

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    From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling

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    The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Considering European-Style Lockboxes For US M&A In 2025

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    The lockbox mechanism, commonly used in Europe, offers an attractive alternative to the postclosing price adjustments that dominate U.S. merger and acquisition transactions in private equity, particularly with the market's demand for transparency likely to remain steadfast under Trump, says Laurent Campo at Potomac Law.

  • Using Contracts As Evidence Of Trade Secret Protection

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    Recent federal and U.S. International Trade Commission decisions demonstrate an interesting trend of judges recognizing that contracts and confidentiality provisions can serve as important evidence of the reasonable secrecy measures companies must take to prove the existence of protected trade secrets, say attorneys at Finnegan.

  • When US Privilege Law Applies To Docs Made Outside The US

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    As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.

  • Why Asset-Based Loans May Suit PE Companies In 2025

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    As the prospect of higher tariffs and interest rates expands the need for liquidity, private equity investors would do well to explore the timing and provisions of asset-based loans offered in the burgeoning credit-fund sector, say attorneys at McDermott.

  • Why Class Cert. Is Unlikely In Cases Like Mattel 'Wicked' Suit

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    A proposed class action recently filed in California federal court against Mattel over the company's "Wicked" doll boxes accidentally listing a pornographic website illustrates the uphill battle plaintiffs face in certifying a class when many consumers never saw or relied on the representation at issue, says Alex Smith at Jenner & Block.

  • Adapting Force Majeure To A Predictably Unpredictable World

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    As the climate and political landscapes get more complicated, force majeure provisions will likely be triggered increasingly often, demanding an evolving understanding of when events and their impacts are truly unforeseeable, say attorneys at Nossaman.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

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