Commercial Contracts

  • 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."

  • March 17, 2025

    Illinois Cannabis Social Equity Licensee Sued By Backer

    A company that backs entrepreneurs qualified for social equity cannabis licenses alleged in a new federal lawsuit that a business owner it partnered with reneged on their agreement when he attempted to sell his retail marijuana license to another party.

  • March 17, 2025

    Yale Says Researcher's Omissions Doom $28M Incubator Suit

    Yale University told a Connecticut state court that it sufficiently pled its counterclaims against a researcher who accused it of destroying his "life's work" by unplugging an incubator filled with $28 million in grants and private money's worth of genetic materials, arguing the researcher lied to get his job.

  • March 17, 2025

    Ex-Freshpet Seller Wins Breakup Fee But May Still Owe $8M

    Pet food maker Freshpet is liable for $5 million for aborting a distribution agreement it had with an animal food distributor, a Pennsylvania federal judge ruled Monday, reasoning that there was no dispute that the contract had been breached.

  • March 17, 2025

    Pot Staffing Co. Wants COVID-19 Relief Contract Wiped Out

    A cannabis industry online staffing company and its parent company are suing a consultant in Colorado state court, alleging that it failed to do any work on a contract to win COVID-19 relief from the IRS but is demanding $474,000 in payments.

  • March 17, 2025

    Filmmaker Questions Netflix Defense In IP Suit Over 'Rez Ball'

    A filmmaker who alleges that Netflix, NBA superstar LeBron James and others lifted elements from one of his scripts to make the streaming service's movie "Rez Ball" has urged a California federal court to deny the defendant's bid to file an early summary judgment motion, saying comprehensive discovery is needed first.

  • March 17, 2025

    Yale Can Examine Student's Electronics In AI Cheating Probe

    Yale University can examine a laptop and other devices to defend against an injunction sought by a student who claims officials used unreliable artificial intelligence tools to catch pupils using AI to cheat, a Connecticut federal judge ruled Monday.

  • March 17, 2025

    4th Circ. Tosses HOA Closing Fees Suit

    The Fourth Circuit tossed a North Carolina property owner's proposed class action alleging that a property management company unlawfully charged excessive closing fees when she sold two properties.

  • March 14, 2025

    Fannie, Freddie Can't Avoid $612M Investor Win, Judge Rules

    A D.C. federal judge on Friday upheld a $612.4 million jury verdict against the Federal Housing Finance Agency, Fannie Mae and Freddie Mac, ruling that the jury was provided with "ample evidence" that reasonably led to its conclusion that FHFA improperly amended stock purchase agreements related to the companies.

  • March 14, 2025

    Williams Kastner Accused Of Malpractice After $128M Payout

    An insurer wouldn't have been forced to pay 64 times its policy limit after a deadly crane collapse in Seattle were it not for its attorneys at Williams Kastner, the carrier told a Washington state court, accusing its counsel of malpractice that caused it to pay $128 million.

  • March 14, 2025

    Antitrust Questions Earn Belt Line Deal A Deep Dive

    The Surface Transportation Board isn't going to let Norfolk Southern get away with calling its attempt to procure the remainder of a rail line a minor transaction, since it's been locked in antitrust litigation over the control of that line for years, according to an order Friday that deemed the transaction "significant."

  • March 14, 2025

    Texas Judge Rejects Ex-GloriFi CEO's Bid To Stop Claims Sale

    A Texas federal judge shot down an alleged attempt by the former CEO of bankrupt conservative-centered fintech startup GloriFi to preserve the ability to sue investors like Ken Griffin's Citadel LLC and Vivek Ramaswamy, saying Friday the bankruptcy judge got it right.

  • March 14, 2025

    PE Fund Accuses Ex-CEO Of Stealing To Pay Divorce Atty

    A former private equity CEO has been sued by a Denver-based fund in Colorado state court for allegedly using its money to pay his divorce lawyer and for other personal expenses, following a settlement earlier this year with federal securities regulators over claims he improperly charged two other funds.

  • March 14, 2025

    Boeing NASA Tech IP Claims Survive Dismissal In Wash.

    A Washington federal judge has narrowed a Colorado firm's suit accusing The Boeing Co. of using stolen technology to support NASA's Artemis moon exploration program, preserving some claims for copyright and trade secret theft while dismissing trademark and counterfeiting allegations.

  • March 14, 2025

    Judge Hands Landlord Win In Maryland Nurse's Eviction Case

    A Maryland federal judge mostly sided with a landlord that was hit with a nurse practitioner's $1 million suit, which alleged that the landlord wrongfully locked her out of her place of business when she wasn't there and evicted her.

  • March 14, 2025

    BNY Sued Over $17.7B Unregistered Barclays-Issued Notes

    A trio of investors has filed a proposed class action against The Bank of New York Mellon Corp. for allegedly failing to properly authenticate several exchange-traded note offerings from Barclays, leading to the sale of $17.7 billion in unregistered securities.

  • March 14, 2025

    US Trustee Pans Pump Co.'s $9M Asbestos Insurance Deal

    The U.S. Trustee's Office has challenged a proposed $9 million settlement between a Chapter 7 trustee for a bankrupt Connecticut pump company and two insurers, saying the agreement nonconsensually deprives third parties of their asbestos-related personal injury claims against the insurance carriers.

  • March 14, 2025

    DC Circ. Asks If FERC Oil Orders Are In Its Purview

    The D.C. Circuit is questioning its own decades-long practice of reviewing orders from the Federal Energy Regulatory Commission that help determine the cost of transporting oil through pipelines, asking litigants whether it has jurisdiction to consider an appeal nearing its conclusion.

  • March 14, 2025

    Brookfield Hits Peru With $2.7B Arbitration Over Toll Roads

    Brookfield Asset Management Inc. said it has initiated an international arbitration proceeding against Peru as the company seeks restitution of approximately $2.7 billion in damages over its operation of toll roads in the capital city of Lima.

  • March 14, 2025

    1st Circ. Asked To Look At Takeda Invoice Fraud Conviction

    The husband of a former Takeda Pharmaceuticals vice president is appealing his fraud conviction and 2½-year prison term over a $2.3 million bogus invoice scheme, according to a Friday notice filed to the First Circuit.

  • March 14, 2025

    Theft Ring Member Who Stole Warhol Paintings Gets 8 Yrs.

    A man who admitted to participating in a 20-year art and sports memorabilia theft ring targeting Andy Warhol paintings and Yogi Berra's MVP plaques across multiple states was sentenced to eight years in prison by a Pennsylvania federal judge on Thursday, according to the U.S. Department of Justice.

  • March 14, 2025

    Kraken Beats Suit Over Crypto Scam Losses, For Good

    A California state judge permanently tossed a lawsuit Friday alleging lax security measures on the cryptocurrency exchange Kraken are to blame for a Los Angeles County man's loss of nearly $50,000 in a digital asset investment scam.

  • March 14, 2025

    Mass. Court Won't Lift Default Over Discovery Failures

    A California aerospace firm can't get a do-over after repeatedly defaulting on discovery obligations in a Massachusetts lawsuit over an unpaid bill from a tax consultant, the state's intermediate-level appeals court said on Friday.

  • March 14, 2025

    Off The Bench: Ex-Jet Sues Over Favre Clip, New Soccer Build

    In this week's Off The Bench, a retired football superstar claims an argument with icon Brett Favre should have never been aired on television, one trading card company gets the upper hand on another in dueling antitrust suits, and an English soccer club opts for a new stadium over a rebuild of the old one.

Expert Analysis

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Considering Noncompete Strategies After Blocked FTC Ban

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    A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Notable Q2 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • Look For Flags On Expert Claims After Sunday Ticket Reversal

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    A California federal judge’s recent reversal of a jury’s $4.7 billion antitrust verdict in the NFL Sunday Ticket case indicates that litigants may be inclined to challenge expert testimony admissibility under Rule 702 of the Federal Rules of Evidence, and that judges may increasingly accept such challenges, say attorneys at Kutak Rock.

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