News & Analysis as of

Commercial Litigation

Farrell Fritz, P.C.

Hindsight Isn’t Fraud: The Commercial Division’s Latest Word on Release Enforcement

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In settlement agreements, a valid release serves as a critical mechanism for resolving disputes between parties.  By its terms, a release is intended to extinguish all claims, both those that are known and unknown to the...more

Herbert Smith Freehills Kramer

A $100 Million Drafting Mistake? Supreme Court Of NSW Clarifies Principles On Rectification Of Contracts

This decision clarifies how the subjective intention of an individual is attributed to a corporation or similar entity for the purpose of determining whether there is a ‘mistake’ in a contract which the Court will rectify....more

K&L Gates LLP

Open Justice and Access to Court Documents: What to Expect When Litigating in Europe

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While the United States has long embraced broad public access to court proceedings and records, many European courts have taken a more restrictive approach. ...more

Bradley Arant Boult Cummings LLP

Insurance – Texas Style, Part 2: Stowers Liability and Bankruptcy

This is the second in a series of discussions about insurance issues unique to the Lone Star State. Both bankruptcy and the ability for a policyholder to assign its first-party, bad-faith claim against its insurer can be...more

Ballard Spahr LLP

UK High Court of Justice Freezes Worldwide Assets of Astor Defence and Henry Turnbull: What Was Ordered, Why It Matters, and What...

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Justice Cotter of the U.K. High Court of Justice, King’s Bench Division, has continued an October 9, 2025, freezing injunction against Astor International, Astor Defence, and their principal, Henry Turnbull. This injunctive...more

Goulston & Storrs PC

Miss the Notice, Extend the Lease: Court Enforces Automatic Renewal Terms

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In Innovation Pharmaceuticals Inc. v. Cummings Properties, the question before the Appeals Court was whether the plaintiff, Innovation Pharmaceuticals Inc. (“IPI”), provided sufficient notice to its landlord, defendant...more

A&O Shearman

Clarity is king when waiving your rights

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The Court of Appeal has provided helpful guidance on the circumstances in which the English courts will uphold waivers of valuable legal rights. The key is to ensure the contractual wording is sufficiently clear – and the...more

Vinson & Elkins LLP

Disputes Rising: Energy Arbitration and Litigation in 2026

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The energy industry in 2025 was defined by a perfect storm of challenges, where disputes arising from policy, regulatory ambiguity, international judicial rulings, and market volatility reshaped the industry’s landscape....more

Oberheiden P.C.

Filing a Lanham Act Lawsuit – 5 Things You Need to Know

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The Lanham Act establishes several grounds for businesses to pursue litigation against competitors and other parties that are misusing their trademarks and engaging in other forms of false and misleading advertising. When a...more

Baker Botts L.L.P.

2025 EDVA Commercial Litigation Roundup

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In 2025, the Eastern District of Virginia (“EDVA”) remained one of the fastest federal trial courts in the country while simultaneously handing some of the most complex civil litigation nationwide....more

BCLP

Public Domain Documents Pilot - Public Access to Your English Court Documents is Extended

BCLP on

As the Courts re-open, practitioners and clients alike need to consider the impact of new Practice Direction 51ZH which came into effect in the Commercial Court and Financial List of the Business & Property Courts on 1...more

Holland & Knight LLP

Podcast - Del juez al árbitro: Una nueva ruta para ejecutar obligaciones

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En este episodio de "A Lo Legal En Par Minutos", Edwin Cortés, socio, y María Paula Zarco, abogado del área de litigios, analizan las principales novedades de la Ley 2540 de 2025 sobre la ejecución de medidas cautelares en el...more

Bennett Jones LLP

ONCA Affirms Denial of Claim for Earn-Out Acceleration

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The Ontario Court of Appeal recently dismissed an appeal in Project Freeway Inc. v. ABC Technologies Inc., 2025 ONCA 855, affirming a prior decision of the Ontario Superior Court of Justice that an earn-out acceleration...more

Hinshaw & Culbertson - Employment Law...

New York’s AVOID Act Impacts Third-Party Action Practice: Could it Do More Harm than Good?

“Aegrescit Medendo,” Virgil: Aeneid Book XII. That is: Sometimes healing makes the situation worse. On December 19, 2025, New York Governor Kathy Hochul signed the AVOID Act (“Avoiding Vexatious Overuse of Impleading to...more

Nilan Johnson Lewis PA

Minnesota Cannabis Business Owners: Don’t Let Your Valuable Trade Secrets Go Up in Smoke

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Minnesota’s recreational cannabis industry is finally budding. Growers have devoted substantial time and resources to their cultivation process. Sellers have invested heavily in market research. This information can give...more

Freiberger Haber LLP

Court Denies Motion for Summary Judgment in Lieu of Complaint Because Note and Related Asset Purchase Agreement Were “Inextricably...

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In today’s BLOG article, we again discuss summary judgment in lieu of complaint pursuant to CPLR 3213, which provides, in relevant part: When an action is based upon an instrument for the payment of money only or upon...more

Farrell Fritz, P.C.

Absent a Final Arbitration Award, an Arbitration Clause is Not a “Get Out of Court Free” Card Under CPLR 3211

Farrell Fritz, P.C. on

A recent decision from Monroe County Commercial Division Justice Daniel J. Doyle in Stuver v Greenlight Parent, L.P. demonstrates that arbitration clauses cannot be used as an automatic “get-out-of-court-free” card at the...more

Miles Mediation & Arbitration

Application of the Economic Loss Rule in Texas

The economic loss rule provides a limitation on damages in cases alleging both breach of contract and certain other causes of action sounding in tort, by precluding a party’s recovery of damages when the only economic loss is...more

Secretariat

Expanding Opportunities for Overseas Enforcement of PRC Judgments and Awards

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There are good reasons for corporates and individuals to be emboldened to pursue overseas enforcement of the People’s Republic of China (PRC) judgments and arbitral awards....more

Harris Beach Murtha

The AVOID Act: New Time Limits for Third-Party Litigation Practice

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Gov. Kathy Hochul recently signed the Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act, amending CPLR § 1007 relating to third-party practice by establishing new, significantly shortened time limits for...more

Mayer Brown

UK Government to Mitigate Impact of Supreme Court's 2023 Decision on Litigation Funding in PACCAR

Mayer Brown on

On 17 December, the Minister of State for Justice, Sarah Sackman KC MP, announced that the UK Government intends to take action to mitigate the impact of the 2023 Supreme Court judgment in PACCAR and implement proportionate...more

Freiberger Haber LLP

Court Rejects Plaintiff’s Attempt to Void Release Based on Fraud

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It is well settled that a “valid release constitutes a complete bar to an action on a claim which is the subject of the release.” “[A] release that, by its terms, extinguishes liability on any and all claims arising in...more

Ballard Spahr LLP

New California Law Eliminates Pre-Trial Delays in Commercial Eviction Cases

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A new law that takes effect January 1, 2026, closes a procedural loophole long exploited by commercial tenants to delay trial dates in California unlawful detainer cases seeking eviction. The new law ensures that...more

Arnall Golden Gregory LLP

This Math Isn’t Math-ing: Whose Calculation Is Correct? Resolving a Lease Termination Payment Dispute

Key Takeaways - Termination fee calculations must reflect the full lease context, not isolated clauses. Courts will look at all lease language and subsequent amendments to interpret termination payment formulas, including...more

Freiberger Haber LLP

The First Department Holds, as a matter of First Impression, that a Party’s Attendance at a Mandatory Settlement Conference...

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This BLOG has previously addressed the issue of a defendant’s appearance in an action – both formal and informal. In that regard, we have noted that it makes sense that a “plaintiff appears in an action merely by bringing...more

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