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Commercial Contracts

  • June 02, 2025

    High Court Rejects Bard Patent Misuse Dispute

    The U.S. Supreme Court on Monday said it won't consider the Ninth Circuit's decision to revive a $53 million breach of contract suit C.R. Bard Inc. filed against Atrium Medical Corp. over patent royalties and patent misuse.

  • May 30, 2025

    Rocket Mortgage Class Asks Justices To Scope Decertification

    Rocket Mortgage borrowers who saw their class action against the lender decertified have told the U.S. Supreme Court that another pending case before it will resolve the question that undid their own class standing, and their litigation should be put on hold until that case is resolved.

  • May 30, 2025

    Taylor Swift Says She Bought Masters Of Her First Albums

    Taylor Swift said Friday she is now the owner of the master recordings of all her music, after a yearslong public dispute with music industry executive Scooter Braun that led her to re-record four of her albums.

  • May 30, 2025

    Ace Says Ga. Insureds Wrongly Added Atty To Coverage Fight

    Ace Property and Casualty Insurance Co. has launched a sanctions bid in Georgia federal court against two policyholders and their counsel in a coverage suit, alleging they abused the judicial process by adding outside counsel as a defendant just to defeat diversity jurisdiction and remand the case to state court.

  • May 30, 2025

    Banks, Class Action Admins Ran Kickback Scheme, Suit Says

    A group of class action settlement administrators and banks conspired to rip off settlement class members by offering lower bank interest rates in exchange for kickbacks, according to three identical lawsuits filed in three states.

  • May 30, 2025

    Wash. Judge Doubts Valve's Suit Alleging Arbitration Scheme

    A Washington state appellate judge pushed back Friday against Valve Corp.'s stance that it could sue an attorney over an alleged scheme to manipulate arbitration pacts between the gaming giant and its customers, suggesting the company opened the door for such conduct by previously forcing gamers to arbitrate antitrust claims individually.

  • May 30, 2025

    Solar Energy Co. Hits Ex-Employees With Trade Secrets Suit

    A solar energy company has sued four former employees in New Jersey federal court, claiming one of them altered his name to conceal criminal history, then left to start a competing company, and that three others aided him in taking trade secrets on his way out.

  • May 30, 2025

    ITC Issues Import Block On Ascletis Liver Disease Drugs

    The U.S. International Trade Commission has issued an order blocking a Hong Kong-listed drug developer from importing treatments for a type of liver disease for the next seven years.

  • May 30, 2025

    Smithfield Can't Split Trial In Contract Clash With Hog Supplier

    Smithfield Foods Inc. can't cleave an upcoming trial into two parts over whether its pricing practices violated a production agreement with a longtime hog supplier in North Carolina, a state judge ruled Friday, finding that it would be disruptive and drag out the proceedings unnecessarily.

  • May 30, 2025

    NJ Pot Shop Fails To Prove Urgency In $273K Fund Dispute

    A New Jersey federal judge on Friday declined to unfreeze $273,820 of a dispensary's funding frozen in an account between a payment processor and a Florida bank, saying the dispensary hasn't shown it is at risk of insolvency without the money.

  • May 30, 2025

    Radar Co. Saves Trade Secret Claims In Suit Against Ex-Exec

    A Washington federal judge has preserved a radar company's claims that a former executive stole confidential information as he left to start his own company, while dismissing other breach of contract claims against the executive and another former employee.

  • May 30, 2025

    DLA Piper Adds Healthcare Regulatory Atty In DC Office

    DLA Piper strengthened its healthcare regulatory resources in Washington, D.C., with the recent addition of an attorney who previously served as acting general counsel for the U.S. Department of Health and Human Services.

  • May 30, 2025

    Insurer Seeks Win In Margolis Edelstein Malpractice Dispute

    Margolis Edelstein should not be allowed to escape GMG Insurance Agency's legal malpractice suit, the agency told a Delaware Superior Court, saying the law firm admitted that it was not competent to handle an underlying noncompete dispute that resulted in a $1.2 million settlement.

  • May 30, 2025

    Diaz Reus Sued For Fraud, Conflict In Failed Miami Water Park

    A Florida consultant has sued law firm Diaz Reus & Targ LLP over allegations it created an adverse conflict of interest in ownership over a failed Miami water park when the firm's managing partner and his brother, another firm member, attempted to "strong-arm" him into reducing his interest in the venture.

  • May 30, 2025

    3rd Circ. Preview: Tribal Immunity Limits On Deck For June

    The Third Circuit's June argument lineup will find a finance company fighting a proposed class action over allegedly predatory payday loan fees because of its tribal ties, while a plumbing company argues that it does not have to arbitrate a union grievance.

  • May 29, 2025

    Translation Co. Pushes To Enforce $11.3M Arbitration Award

    A translation services provider has asked a New York federal court to enforce an $11.3 million arbitral award against a Serbian ex-employee and his computer software company in a breach of contract dispute.

  • May 29, 2025

    Investment Firm Says It Was Duped Into $349M Dental Deal

    Investment firm TSG8 SDB Group Holdings LP has filed suit in Delaware Superior Court claiming a Texas-based holding company tricked it into pouring $349 million into a specialty dental practices platform based on fake financials and phony growth claims, and hid the business's problems just long enough to cash out.

  • May 29, 2025

    Texas Justices Keep Court Orders On $3.4B Water Pipeline

    A Texas appeals court mostly kept intact court orders barring a groundwater company from interfering with several leases as a part of a $3.4 billion pipeline venture to supply water to San Antonio, finding in a Thursday opinion the company was undercutting its lessee.

  • May 29, 2025

    Atty Urges 2nd Circ. To Resurrect Name Feud With Ex-Firm

    A lawyer has asked the Second Circuit to revive claims against his former firm, which he alleges used his name and likeness after he was fired, saying a judge's dismissal of those claims ignored the harm he personally suffered and the requirements of the Lanham Act.

  • May 29, 2025

    JetBlue Fights American's NEA Suit, Pivots To United Deal

    JetBlue has told a Texas federal judge that American Airlines' lawsuit seeking to recover $1 million in alleged unpaid payments related to their now-scrapped codeshare agreement covering New York and Boston is preempted by federal law and potentially conflicts with a Massachusetts federal judge's antitrust ruling.

  • May 29, 2025

    Columbia Sportswear Gets Mixed Trade Secrets Ruling

    An Oregon federal judge has partially sided with motions by Columbia Sportswear Co. and a former employee in a case alleging the worker took trade secrets with him when he left the company, but denied the bulk of the requests from all parties seeking to end the suit in their favor.

  • May 29, 2025

    Bahraini Co. Lobs Fraud Suit Over Faulty Paving Machine

    A Bahraini company that once sought government contracts repaving roads in the Middle East sued an Ohio asphalt recycling machine manufacturer on Wednesday, accusing it of fraudulently trying to pass off an inferior repurposed machine as new and then skipping out on a contractually mandated arbitration.

  • May 29, 2025

    Judge Challenges Visa's Bid To Dismiss DOJ Antitrust Suit

    A New York federal judge on Thursday questioned whether Visa Inc. is inappropriately raising factual disputes in its motion to dismiss U.S. Justice Department claims that the company has illegally maintained a monopoly in the market for debit card networks.

  • May 29, 2025

    Ex-United Therapeutics Exec Can't Dodge IP Suit

    A former United Therapeutics Corp. executive lost his bid to toss his former employer's suit alleging he used stolen intellectual property to develop a lung disease drug for a competitor, with the North Carolina Business Court ruling that it was too soon to determine if the complaint was untimely.

  • May 29, 2025

    NASCAR Wins Defamation Claims Over LGBCoin Sponsorship

    A Florida state court judge ruled in favor of NASCAR on defamation claims brought by the founder of the LGBCoin cryptocurrency regarding communications to journalists, saying a published statement that the meme coin was almost worthless was "undisputably true."

Expert Analysis

  • 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.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • The Fed. Circ. In 2024: 5 Major Rulings To Know

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    In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Mass Arbitration Procedures After Faulty Live Nation Ruling

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    Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.

  • Proactively Managing Tariff Impacts On Megaprojects

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    President-elect Donald Trump's proposed tariffs may compound the complexity, duration and risks associated with financing and building large-scale infrastructure projects — so owners and contractors should plan to take possible tariff-related cost and schedule overruns into account when drafting contracts, say attorneys at Crowell & Moring.

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