Commercial Contracts

  • February 11, 2025

    CVS, Aetna Escape Testing Lab's $20.6M Unpaid Invoices Suit

    A Connecticut federal judge threw out a testing laboratory's lawsuit seeking $20.6 million in unpaid invoices from Aetna Inc. and its owner CVS Health Corp., saying the complaint lacked detail and left the companies "guessing" which allegations corresponded to which claims.

  • February 10, 2025

    Judge Refuses To Certify '70s Rockers' Royalty Class Action

    A Tennessee federal judge on Monday denied class certification in a breach of contract lawsuit by two members of the 1970s pop-rock band Orleans, John Hall and Lance Hoppen, who accused Warner Music Group Corp. and subsidiary Elektra Entertainment of underpaying foreign digital streaming royalties.

  • February 10, 2025

    Colo. Judge Baffled By Party's Anonymity In Oil Secrets Suit

    A Colorado state judge puzzled over how to handle the fact that a key third party in a trade secrets case brought by Anschutz Exploration Corp. has insisted on not revealing their identity to the court, telling the parties at a hearing Monday she wouldn't close a trial just to get around the "very strange" situation.

  • February 10, 2025

    Investigators Say Texas Atty Lied To Help Clients Hide Assets

    A pair of court-appointed independent investigators have recommended that an attorney in Fort Worth be stripped of his license to practice in the Northern District of Texas because he lied to shield his clients' assets from $9 million in judgments.

  • February 10, 2025

    Fed. Circ. Preserves Corning's Win In Gene Therapy Fight

    The Federal Circuit decided Monday to turn down an appeal from a Minnesota-based gene therapy developer that says it was wrongly denied a jury trial in its failed case seeking to add its name to patents issued to Corning Inc.

  • February 10, 2025

    Calif. Ruling Holds Wildfire Debris Not A Coverable Loss

    Two California homeowners didn't have a covered claim for wildfire debris that infiltrated their home, a state appeals panel ruled, saying there was no evidence the debris caused the kind of loss or damage required for coverage.

  • February 10, 2025

    DraftKings Must Face Narrowed Suit Over Voided NBA Bets

    An Indiana federal judge trimmed allegations of deceptive sales Friday from a putative class action over DraftKings' decision to cancel wagers made with faulty odds on a National Basketball Association game in 2023, but said the sports betting giant must face a well-pled breach of contract claim.

  • February 10, 2025

    Judge: Dominican Republic Should Pay $44M Landfill Award

    A magistrate judge in Washington, D.C., recommended Friday that a $43.6 million arbitral award issued after the Dominican Republic terminated a landfill concession should be enforced, saying there was no evidence that the tribunal failed to investigate allegations of underlying fraud.

  • February 10, 2025

    Amazon Used App Toolkit To Harvest User Data, Suit Says

    Amazon has used Candy Crush Saga, Subway Surfers and other mobile apps as a "Trojan Horse" to ingrain secret tracking mechanisms in hundreds of millions of consumers' smartphones through a software development kit for developers, according to a new proposed class action in Seattle federal court.

  • February 10, 2025

    Apple Pushes DC Circ. To Pause Google Search Case

    Apple told the D.C. Circuit on Monday it did not become clear that it needs to intervene in the government's search monopolization case against Google until enforcers proposed remedies that affected Apple's conduct too.

  • February 10, 2025

    Trenton Diocese Sues Insurers Over Abuse Suit Coverage

    The Diocese of Trenton, New Jersey, accused Chubb, Hartford, Travelers and AIG units of violating the state's Unfair Claim Settlement Practices Act over an "onslaught" of child sex abuse lawsuits, telling a New Jersey federal court the parties have made "minimal progress" toward a cost-sharing agreement over defense expenses.

  • February 10, 2025

    Dallas Loses Bid To Reinstate Short-Term Rental Ban 

    A Texas appeals court has ruled that two Dallas ordinances criticized for effectively banning short-term rentals don't gel with property rights enshrined in the state's constitution, siding with landlords who do business on Airbnb and Vrbo. 

  • February 10, 2025

    UnitedHealth Unit Inks $20M Deal To End DOL Claims Row

    A UnitedHealth subsidiary will pay more than $20 million to settle the U.S. Department of Labor's suit claiming it violated federal benefits law and employer health plans' own policies when it summarily rejected claims for emergency room services and drug tests, according to filings in Wisconsin federal court.

  • February 10, 2025

    Aerospace Co. Seeks To Toss Ex-Exec's Amended Claims

    A Garden State-based aerospace company is asking a federal judge to dismiss with prejudice the second amended counterclaims by its ex-president and his new business in a trade secrets case, according to court filings.

  • February 10, 2025

    BCLP Received Improper OK To Challenge Ga. Fee Ruling

    A Georgia state appeals court said Monday that it improperly gave Bryan Cave Leighton Paisner LLP the green light to appeal a trial court ruling ordering the firm to return more than $125,000 in connection to a dispute between an Atlanta attorney and an airport travel spa operator.

  • February 10, 2025

    Chubb Wants Depo Of Smithfield Foods CLO In Coverage Row

    A Chubb unit facing coverage claims from Smithfield Foods Inc. asked the North Carolina Business Court to let it depose the company's chief legal officer before the parties' upcoming April trial even though discovery for the case has ended.

  • February 07, 2025

    Copyright Office Seeks Info On Performance Rights Groups

    The U.S. Copyright Office wants more information about how performance rights organizations, or PROs, are being used to collect music royalties, in response to a letter from a trio of Republican lawmakers on the issue.

  • February 07, 2025

    Chancery Tosses $3.4B Hertz Stock Warrant Redemption Suit

    Delaware's Court of Chancery dismissed a suit Friday filed by two Hertz institutional investors accusing the company of relying on an impermissible reinterpretation of a warrant agreement to reject a redemption demand purportedly triggered by the company's post-Chapter 11 recapitalization, finding the plaintiffs' interpretation of the agreement leads to "absurd results."

  • February 07, 2025

    Rocket Mortgagors Say New Judge Tilted 4th Circ. Decision

    Borrowers who accused Rocket Mortgage of inflating their home values have asked the full Fourth Circuit to reconsider a panel ruling that reversed their class certification, arguing that the panel only reversed course from its previous ruling because a federal judge, sitting by designation, joined the panel the second time around.

  • February 07, 2025

    DOJ Tells DC Circ. Not To Delay Google Search Fix For Apple

    The U.S. Department of Justice and state enforcers told the D.C. Circuit Friday that the remedies phase of the search monopolization case against Google is too important to wait while Apple appeals a ruling denying its last minute bid to intervene in the case.

  • February 07, 2025

    Amazon Beats 'Flawed' Suit Over Prime Video Ads, For Now

    A Washington federal judge Friday tossed a putative class action over Amazon's recent introduction of commercials on its Prime Video streaming service, saying the lawsuit rests on a "flawed premise" that subscribers ever purchased an ad-free viewing package.

  • February 07, 2025

    Kroger Chain Says Strike Is Bid To Force 'Multi-Union' Talks

    The Kroger-owned grocery chain King Soopers sued the union representing Colorado workers on Friday in federal court, alleging strikes at King Soopers stores in the state are a pressure tactic to "force multi-union bargaining" on the company and other employers.

  • February 07, 2025

    Maxeon Investors Push To Keep Exchange Act Suit Alive

    The lead plaintiff in a proposed class action against Maxeon Solar Technologies Ltd. urged a California federal judge to reject the company's bid to escape the suit as well as its "fanciful" explanations for a two-day stock plunge that harmed shareholders.

  • February 07, 2025

    Fla. Atty Couple Can't Escape Verdict Over Abandoning House

    A Florida state appeals court has reinstated the original verdict against an attorney husband and wife team for breaching a lease agreement on a rental house and leaving it in disrepair, ruling that a reasonable jury could find that the landlord performed his expressly authorized duties to preserve the property.

  • February 07, 2025

    Pa. Medical Pot Co. Beats Consultant's IP Breach Claims

    A Pennsylvania federal judge has thrown out a lawsuit filed by a consultant claiming that his methods for growing plant tissue samples was stolen by a medical cannabis company he worked with, ruling that the consultant's system was not a protected trade secret.

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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