Commercial Contracts

  • April 03, 2025

    Cloud Provider Deleted Backup Data During Hack, Suit Says

    Cloud computing company Wasabi Technologies failed to protect a robotics firm's data during a 2023 ransomware attack and instead permanently deleted a backup based on instructions from one of the perpetrators, according to a complaint filed in Massachusetts state court.

  • April 03, 2025

    Wash. AG Pushes RealPage Conspiracy Claims In New Suit

    The Washington State Attorney General's Office launched a new lawsuit in state court on Thursday accusing RealPage of conspiring with landlords to jack up rent prices, after withdrawing from a similar federal case last month to pursue claims that could result in more restitution for Evergreen State renters.

  • April 03, 2025

    NC Panel Scraps Subrogation Suit Over Misidentified Plaintiff

    An insurer for a Hardee's restaurant can't revive its subrogation suit over a 2019 fire after it accidentally misnamed itself in the complaint, the North Carolina Court of Appeals has ruled, finding the incorrectly identified plaintiff lacked standing to sue, and the complaint was a "nullity."

  • April 03, 2025

    6th Circ. Backs $10M Gas Royalty Judgment Against Antero

    A Sixth Circuit panel affirmed an Ohio district court ruling holding that Antero Resources Corp. underpaid a class of Buckeye State landowners $10 million by improperly deducting costs from their natural gas royalties.

  • April 03, 2025

    Insurer Says It Has No Duty To Defend Mich. City In Tax Fight

    Insurance company Argonaut said in a federal court complaint Wednesday that it shouldn't have to pay to defend Ann Arbor, Michigan, in a lawsuit alleging that the city's decades-old stormwater drainage charges are an unlawful tax, pointing to the public official liability and financial loss exclusions in the city's policy.

  • April 03, 2025

    Accountant Cleared To Testify In Malpractice Case Against Her

    An accountant accused of malpractice can testify about whether her actions were reasonable when she allegedly failed to tell a client about a change in tax law stemming from the U.S. Supreme Court's Wayfair decision, a state Business Court judge has ruled.

  • April 02, 2025

    Eligo Seeks Exit From Ohio Customer's Electricity Rates Suit

    Private electricity provider Eligo Energy LLC has urged an Ohio federal judge to throw out a proposed class action alleging the company's variable rates are the result of "unbridled price gouging," saying the customer behind the suit saved money most months.

  • April 02, 2025

    Jack in the Box Accused Of Killing Wash. Franchise Deals

    Two Jack in the Box Inc. franchisees claim the fast-food chain is using a series of recent closures as a pretext to seize the nearly 40 other financially viable locations they operate across Washington state, according to a new lawsuit seeking to stop the alleged takeover.

  • April 02, 2025

    Dish Says No Grounds For Cell Tower Co. To Toss Jury Verdict

    Dish Wireless has urged the Colorado Court of Appeals to uphold a jury's verdict finding it didn't breach a cell tower lease deal by failing to pay millions in extra rent, arguing the cell tower company can't show its reading of the lease is the only reasonable one.

  • April 02, 2025

    Shooting Victim Can't Get $1M Under Policy, Berkshire Says

    A man shot during an armed robbery at a convenience store isn't owed the full $1 million limit toward an underlying $1.5 million consent judgment he reached against the property owner, a Berkshire Hathaway unit said Wednesday, arguing that the man doesn't qualify as an insured.

  • April 02, 2025

    Spanish Co. Says No Federal Jurisdiction In Finder's Fee Spat

    Spanish company Delclaux Partners SA on Wednesday urged the Eleventh Circuit to vacate its loss in a dispute with Texas-based satellite technology company AST & Science LLC, arguing the federal district court never had jurisdiction over the simple breach of contract dispute.

  • April 02, 2025

    Fla. High Court Told Condo's Irma Claim Redo Lacked Key Info

    An insurance company told the Florida Supreme Court on Wednesday that a Miami condominium's reopened claim for damage caused by Hurricane Irma wasn't sufficient to trigger a supplemental claim, arguing that state law required additional information regarding the initial loss.

  • April 02, 2025

    NBA's Timberwolves To Be Sold, Ending Ownership Dispute

    Minnesota Timberwolves owner Glen Taylor will end his fight to retain control of the NBA franchise and complete the sale to a pair of limited partners agreed-upon in 2021, according to numerous published reports.

  • April 02, 2025

    Judge Clears Path For $200M Boston Soccer Stadium Project

    A Massachusetts judge on Wednesday rejected the final surviving claims by an advocacy group challenging the construction of a professional women's soccer stadium inside a historic Boston park, paving the way for the $200 million project to move forward.

  • April 02, 2025

    Fintech Execs Want $2M Award Confirmed For 'Nonperformer'

    A trio of financial technology executives asked a Connecticut state judge to confirm a $2 million arbitration award in favor of another executive they say they pushed out for being a "chronic nonperformer" who failed to negotiate the terms of his exit in good faith.

  • April 02, 2025

    Energy Co. 'Fleeced' Customers In Bait-And-Switch, Suit Says

    An Illinois alternative energy supplier was accused Tuesday in federal court of exploiting its customers with a bait-and-switch scheme involving "outrageously high" markups that "fleeced" thousands of customers out of tens of millions of dollars they'd otherwise save on gas and electricity.

  • April 02, 2025

    NY Judge Sanctions Attys For Adding Claims In Bad Faith

    Lawyers representing an education resources supplier that sued its business partner over allegations of price-fixing and bid-rigging within the New York City school system have been sanctioned for repeatedly attempting to add claims to unauthorized amended complaints in what a federal judge said was bad faith.

  • April 02, 2025

    Atty Can't Duck Land Dispute Malpractice Suit, NJ Sisters Say

    New Jersey sisters who sued Fox Rothschild and a firm attorney over the handling of their late stepfather's estate have told a New Jersey state judge that their claims were timely filed and that issues of material fact that would preclude summary judgment still remain.

  • April 02, 2025

    Davis Wright Welcomes Longtime Jones Day Finance Atty

    Davis Wright Tremaine LLP announced Tuesday that it has hired a longtime Jones Day attorney focused on advising investment management industry participants, praising his decades of experience helping clients navigate U.S. federal securities laws.

  • April 02, 2025

    Colorado AG Cuts Deal To Unwind Exclusive Broker Contracts

    A brokerage company in Colorado state court agreed to release 171 homeowners from exclusive listing agreements that are illegal under a 2023 state law, in a deal with prosecutors approved Wednesday.

  • April 01, 2025

    Ex-Microsoft Manager Says He Was Fired For Whistleblowing

    A former project manager for Microsoft says he was fired after flagging compliance issues and misconduct, including being forced to leak sensitive data from client Freddie Mac's workforce platform and being asked to falsify a report to cover up fraud, according to a suit filed Monday in Texas federal court.

  • April 01, 2025

    Saudi Co. Wants 11th Circ. To Revive Oil Suit Against Siemens

    A Saudi Arabian company on Tuesday urged the Eleventh Circuit to reverse the dismissal of its business interference complaint against Siemens Energy Inc., arguing a lower Florida federal court should allow the lawsuit to proceed and resolve the alleged factual claims.

  • April 01, 2025

    NJ Justices Enforce Award Review Limits In Profit Payout Row

    The New Jersey Supreme Court reinstated an arbitrator's finding that an ousted real estate investment partner wasn't entitled to a $25 million profit payout, toppling a lower appellate panel's decision that the arbitrator had improperly decided an issue that wasn't before him. 

  • April 01, 2025

    5th Circ. Judge Questions IRS Denial Of Insurance Deductions

    A Fifth Circuit judge pushed back Tuesday on the Internal Revenue Service's rejection of expense deductions for two physician-led micro-captive insurance companies, saying that the businesses seemed to serve a legitimate purpose while acknowledging that doctors are "notoriously inept" businessmen.

  • April 01, 2025

    5th Circ. Questions $37M FTC Award Against Online Retailer

    A Fifth Circuit panel seemed wary to accept a drop-shipping company's claim that a $37 million award to the Federal Trade Commission was out of line, saying the company seemed to admit it lied about how fast it could deliver protective equipment like masks during the COVID-19 pandemic.

Expert Analysis

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • What To Expect From Trump's Deputy Labor Secretary Pick

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    President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • Gas Contract Fight Holds Lessons On Force Majeure Clauses

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    Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.

  • Art Fraud Cases Highlight Importance Of Due Diligence

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    Recent high-profile art fraud cases provide a helpful reminder that a healthy skepticism can prevent prospective buyers from becoming victims, and that lawyers can take steps to help safeguard their clients, say attorneys at Arnold & Porter.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • A Deep Dive Into Singapore's New Int'l Arbitration Rules

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    The latest revisions to the Singapore International Arbitration Centre's rules, effective as of Jan. 1, contain numerous innovative and industry-leading updates, including new rules on coordinated and emergency procedures, and third-party funding, say attorneys at WilmerHale.

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • Trump Likely To Prioritize Trade, Customs Fraud Enforcement

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    With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.

  • Recent Suits Show Antitrust Agencies' Focus On HSR Review

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    The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • Private-Bidding Compliance Lessons From Siemens Plea Deal

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    Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.

  • FTC Report On AI Sector Illuminates Future Enforcement

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    The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.

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