Commercial Contracts

  • March 05, 2026

    Fed. Circ. Mulls Patents In Penile Implant Trade Secret Win

    A Federal Circuit panel on Thursday grilled both sides in a trade secret dispute over penile implants that resulted in an $18.3 million judgment against defendants, repeatedly questioning attorneys about whether existing patents doomed the trade secrets claimed by International Medical Devices and its founder, Dr. James Elist.

  • March 05, 2026

    Delta Evades OT Class Action Over Shift Swap Policy

    Delta Air Lines defeated Thursday a proposed class action in Georgia federal court that alleged the airline unlawfully withheld increased pay for overtime hours that resulted from workers swapping shifts with each other. 

  • March 05, 2026

    Energy Firms Ordered To Split Trade Secrets Case Settlement

    A Texas Business Court judge ordered two energy companies to split a settlement that resolved a trade secrets case relating to cost-cutting measures taken on a $639 million acquisition of Shell assets, finding both parties were entitled to the settlement funds.

  • March 05, 2026

    4th Circ. Allows Insurer To Seek Arbitration In Foam Case

    The Fourth Circuit on Wednesday overturned an order barring Illinois Union Insurance Co. from seeking to arbitrate in London a dispute within multidistrict litigation over alleged contamination from firefighting foam for failing to obtain consent from co-lead counsel.

  • March 05, 2026

    Copyright Suit Over TikTok Livestream Software Trimmed

    A California federal judge has dismissed some of a lawsuit alleging TikTok copied a company's livestreaming software to create a new feature on the app, trimming a breach of contract claim and a request for statutory damages.

  • March 05, 2026

    Fla. Court Allows Chubb's Salvage Claim On Stolen Planes

    Chubb European Group SE can move forward with a counterclaim against an aircraft leasing company that alleges the insurer can claim 23 Boeing and Airbus aircraft stolen by Russia at the start of the Ukraine war as salvaged, a Florida state court ruled.

  • March 05, 2026

    Insurer Seeks Win In $6.3M Coverage Row With Pot Tester

    James River Insurance Co. is asking a Mississippi federal court to grant it a win in its suit to deny coverage of a $6.3 million default judgment against a cannabis testing company, saying the company breached its policy by not cooperating with the insurer.

  • March 05, 2026

    3rd Circ. Says Macy's Clear To Arbitrate Worker's Bias Suit

    The Third Circuit ruled that a white ex-Macy's store manager fired after a shoplifting incident can't pursue his race and sexual orientation discrimination case in court, homing in on a document the department store chain mailed to his home that clearly said disputes would be handled through arbitration.

  • March 04, 2026

    Musk Tells Jury 'Biased' Judge Forced His Twitter Buy

    Elon Musk testified Wednesday in a California federal trial over Twitter investors' claims that the billionaire tanked the company's stock to get a better deal and said he paid the full $44 billion offer price because the Delaware Chancery judge overseeing litigation over the sale was "extremely biased" against him.

  • March 04, 2026

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    If this month's circuit calendars were a March Madness bracket, we'd struggle to pick the top-seeded showdown. Big Pharma against the False Claims Act, or big business against President Donald Trump's visa fees? A big bank's view of "human life wagers," or en banc review in a State Farm class action?

  • March 04, 2026

    50 Cent's Liquor Boss Gets 2nd Delay Of Fraud Sentencing

    A former executive at rapper Curtis "50 Cent" Jackson's liquor brand got his fraud sentence delayed for a second time when a New Jersey federal judge questioned Wednesday whether the executive's hypothetical cooperation with the government could get fair consideration under his plea deal.

  • March 04, 2026

    Anadarko Gets 5th Circ. To Bless Coverage Win, Not Damages

    The Fifth Circuit agreed with Anadarko Petroleum Corp. that it can compel a contractor to pay for its legal defense in a fraud suit, but said Wednesday the lower court went too far in finding the contractor owed a duty to pay for certain damages categories.

  • March 04, 2026

    Chance The Rapper Stiffed Ex-Manager, Ill. Jury Hears

    Chance the Rapper's former manager went "all in" on helping the Chicago-based independent artist find worldwide success based on a handshake agreement the rapper ultimately abandoned after his debut studio album performed worse than expected, an Illinois state jury heard Wednesday.

  • March 04, 2026

    Volkswagen Sued Over Direct-To-Consumer Scout EV Offers

    Volkswagen offering to sell new electric Scout vehicles directly to customers is a "blatant" breach of its legal and contractual obligations to dealerships, two dealerships alleged in a putative class action filed in Virginia federal court that claims Volkswagen has already made at least $15 million from online reservation deposits on Scout's website.

  • March 04, 2026

    Colo. Court Weighs Nursing Facility $6.7M Indemnity Ruling

    A Colorado Court of Appeals panel grappled Wednesday with management service providers' bid for the court to uphold a more than $6.7 million indemnification against the skilled nursing facility operator they contracted with, asking counsel how conspiracy and state fraud claims are separable.

  • March 04, 2026

    Hayden AI Hits Co-Founder With Fraud, Trade Secret Claims

    Artificial intelligence startup Hayden AI has sued one of its co-founders, alleging that after it fired him for forging board signatures and improperly charging personal expenses, he took large amounts of trade secret data to start a competing company.

  • March 04, 2026

    Care Management Co. Accused Of Swiping Software Platform

    The developer of software used in the Medicare treatment arena has sued a customer care management company in Delaware Chancery Court, accusing it of wrongfully using the platform to create a competing application.

  • March 04, 2026

    Justices Mull Cracks In Freight Broker Liability Shield

    The U.S. Supreme Court appeared unsure Wednesday whether a federal law economically deregulating the commercial trucking industry also extends to shielding freight brokers from state-law liability for highway crashes that have killed or injured people.

  • March 04, 2026

    Google Agrees To More Android Changes In Deal With Epic

    Google and Epic Games offered a California federal court a new proposal Wednesday to modify an injunction issued in a monopolization case over the distribution apps on Android devices, while also reaching a broader agreement on global changes to the mobile operating system.

  • March 04, 2026

    Ex-NFL Player Challenges Adviser's Late Payment Demand

    Retired NFL player Mike Rucker and his wife on Wednesday urged North Carolina's business court not to let their former financial adviser countersue them for nonpayment, arguing he can't decide after 20 years that he deserves compensation when that was never the agreement.

  • March 04, 2026

    NC Judge Trims Co.'s $116M Investment Coverage Dispute

    A North Carolina state court has trimmed a company's suit claiming that its insurer obstructed its recovery of more than $116 million in coverage for an investment that didn't pay out on time, tossing a breach of contract claim while preserving bad faith and statutory violation claims.

  • March 04, 2026

    9th Circ. Hesitant To Revive Implant Suit Against Medtronic

    A Ninth Circuit panel cast doubt Wednesday on a Washington man's attempt to revive a negligence lawsuit against Medtronic for allegedly not assisting him when his spinal implant malfunctioned, hinting that his failure to find an expert witness to testify the device caused his pain may be fatal to the case.

  • March 04, 2026

    Real Estate Owner Seeks Probation For $5M Tax Evasion

    A commercial real estate owner found guilty of hiding nearly $5 million in income from the Internal Revenue Service asked a Washington federal court for a sentence of home confinement, saying he has changed his family business to eliminate the chances he will file false or late returns.

  • March 04, 2026

    BakerHostetler Aided Illegal Insurance Scheme, Trustee Says

    BakerHostetler, along with one of its Atlanta-based attorneys, is the latest law firm to be accused of legal malpractice related to an illegal scheme that sold health insurance-like products.

  • March 04, 2026

    CoStar Wants High Court Review Of Antitrust Counterclaims

    CoStar Group Inc. and CoStar Realty Information Inc. made another attempt to persuade the U.S. Supreme Court to review the revived antitrust counterclaims lodged by CoStar's business rival, Commercial Real Estate Exchange Inc.

Expert Analysis

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • 2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction

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    The Fifth and Ninth Circuits recently handed down decisions, in Sanchez Energy and Sawtelle Partners, respectively, reminding practitioners that bankruptcy court jurisdiction over lingering disputes is not guaranteed, regardless of whether confirmation orders contain specific "retention of jurisdiction" language, says Brian Shaw at Cozen O’Connor.

  • 3 Key Ohio Financial Services Developments From 2025

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    Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.

  • AI Licensing Suit Exhibits Pitfalls Of Vague Contract Terms

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    Fastcase Inc. v. Alexi Technologies, a case in District of Columbia federal court, demonstrates the potential consequences of vaguely drafted contract terms amid unforeseen technological advances, but there is practical guidance parties may employ to mitigate the potential for similar contract disputes, say attorneys at Baker Botts.

  • Series

    Playing Tennis Makes Me A Better Lawyer

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    An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

  • Class Actions At The Circuit Courts: January Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five rulings from October and November, and identifies practice tips from cases involving consumer fraud, oil and gas leases, toxic torts, and wage and hour issues.

  • Series

    Judges On AI: How Judicial Use Informs Guardrails

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    U.S. Magistrate Judge Maritza Dominguez Braswell at the U.S. District Court for the District of Colorado discusses why having a sense of how generative AI tools behave, where they add value, where they introduce risk and how they are reshaping the practice of law is key for today's judges.

  • Navigating Battery Validation Risk In The EV Supply Chain

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    Vehicle electrification has moved battery system supply chains from a background component into the center of the automotive universe — and for legal teams, battery validation is now a driver of contractual disputes, regulatory exposure and even shareholder litigation, say Samuel Madden at Secretariat Advisors and Vanessa Miller at Foley & Lardner.

  • Series

    Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

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    My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

  • Series

    Law School's Missed Lessons: How To Start A Law Firm

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    Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

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    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

  • Navigating Privilege Law Patchwork In Dual-Purpose Comms

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    Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

  • Series

    Fly-Fishing Makes Me A Better Lawyer

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    Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.

  • 4 Ways GCs Can Manage Growing Service Of Process Volume

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    As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.

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