Commercial Contracts

  • February 02, 2026

    Judge Nixes Arbitration In Asphalt Recycling Fraud Suit

    An Ohio federal judge Monday refused to compel arbitration in fraud litigation initiated by a Bahraini company against an asphalt recycling machine manufacturer, finding the latter firm had defaulted in a previous arbitration by refusing to pay its share of the fees.

  • February 02, 2026

    Honeywell Faces Bid For Fee Advancement In Russia Case

    The Delaware Chancery Court on Monday heard a sharply contested argument over whether a former Honeywell executive is entitled to advancement of legal fees tied to Russian insolvency and customs proceedings, as well as "fees on fees," in a dispute that turned less on the underlying foreign matters than the mechanics of Delaware advancement law.

  • February 02, 2026

    Insurer Can't Keep AAA Affiliate Out Of Auto Policy Market

    A Massachusetts judge has ruled that an insurer can't block a AAA affiliate from offering its own competing auto insurance policies in the state, saying the plaintiff had failed to provide the court with any basis for its requested preliminary injunction and also flouted procedural rules.

  • February 02, 2026

    FTC Says Bezos, Amazon Execs Hid Evidence Via Signal App

    The Federal Trade Commission asked a Washington federal judge to assume Amazon.com Inc. used auto-deleting Signal chats to hide the "anticompetitive nature" of rules that allegedly created an artificial pricing floor across online retail, escalating a long-simmering evidentiary fight that implicates Jeff Bezos and general counsel David Zapolsky.

  • February 02, 2026

    NFL, Fanatics Bolster Attempt To Toss Fans' Monopoly Suit

    The NFL and Fanatics pushed a New York federal court to toss a fan lawsuit that accused the pair of monopolizing the online retail market for league merchandise, arguing a previously dismissed lawsuit already found the plaintiffs' arguments defective.

  • February 02, 2026

    NC Motel's Policy Omission Warrants Rescission, Insurer Says

    A series of commercial umbrella and excess policies issued to the operator of a Motel 6 in Charlotte, North Carolina, should be declared void because the operator failed to disclose in its 2013 policy application a prior claim made for a sexual assault, the insurer told a federal court.

  • January 30, 2026

    Ex-CFO Says Gov't Can't Seize $35M In Funds He Never Had

    A former software executive convicted of illegally transferring $35 million to his own startup, only to lose the money in a cryptocurrency collapse, urged a Washington federal judge to reject the government's effort to seize the funds, arguing that he never personally obtained them.

  • January 30, 2026

    OpenAI Challenges X's Deposition Bid In Antitrust Case

    OpenAI said one of its former executives shouldn't be deposed in an antitrust case brought by X Corp. regarding ChatGPT integration on Apple devices, saying he had nothing to do with the deal.

  • January 30, 2026

    Real Estate Attys 'Not Going In Blind' Amid Data Center Boom

    The explosion of artificial intelligence has created a sharp demand for new data centers with no signs of slowing down, posing challenges that have some real estate attorneys turning to well-worn playbooks from other industries.

  • January 30, 2026

    2nd Circ. Affirms $2.8M Award In Ex-NFL Player's PPE Suit

    The Second Circuit declined Friday to let a New York real estate attorney escape from a roughly $2.8 million arbitration award to a former NFL linebacker after a deal to purchase and distribute medical gloves went sour, holding that the arbitrator did not exceed her authority or botch the process.

  • January 30, 2026

    Texas Appeals Court Upholds $14M Truck Crash Verdict

    A Texas appellate court kept largely intact a $14 million verdict against a cellular phone tower construction company and an employee, saying the company knew the employee had a history of alcoholism before he caused a crash that left a couple with debilitating injuries.

  • January 30, 2026

    USPS Claims No Obligation To Redevelop Wash. Parcel

    The U.S. Postal Service urged a Washington federal court to dismiss a developer's suit over the parties' decades-old agreement to develop and sell a parcel of land in Washington, saying it was under no obligation to renegotiate the parties' agreement in the months before it expired.

  • January 30, 2026

    Insurer Says No Coverage For $105M Fatal Crash Judgment

    An insurer for a trucking company told a Texas federal court Friday that it owes no coverage for a $105 million judgment over a fatal collision, saying the policyholder does not qualify as an insured since the crash did not involve a vehicle listed under the policy.

  • January 30, 2026

    Pa. Restaurant Wants Walmart To OK Roof Permit

    A Pennsylvania restaurant claims in a complaint in Pennsylvania state court that its Walmart Inc. landlord has failed to approve a permit for replacing the restaurant's "old and deteriorated" roof.

  • January 30, 2026

    ThermoLife Asks Justices To Resolve Split Over Sanctions

    ThermoLife is asking the U.S. Supreme Court to take up its fight against a lower court's decision to sanction the company and its CEO as part of a false advertising case, saying the Federal Circuit wrongly backed the award.

  • January 30, 2026

    Lindberg Takes $122M Contempt Order To NC Top Court

    A convicted billionaire is asking North Carolina's top court to take up his appeal seeking to overturn a $122 million contempt order against him, saying the lower court's finding that he was able to pay ignored the precarious reality of selling off a complex business asset.

  • January 30, 2026

    Vertical Farm Co. Owner Gets 3 Years For Tax Evasion, Fraud

    The owner of a vertical farming business was sentenced to three years in prison and ordered to pay nearly $1 million in restitution after he admitted to evading taxes and lying to his clients, according to a judgment filed Friday in Pennsylvania federal court.

  • January 30, 2026

    NJ Panel OKs Bank's COD Denial For Family Dollar Build

    A New Jersey appeals panel on Friday found that a bank was within its rights to refuse to fund cash-on-delivery payment for a prefabricated steel structure a developer planned to use on a project to build a Family Dollar store.

  • January 30, 2026

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London saw collapsed solar bonds company Rockfire Capital sue the Royal Bank of Scotland, e-ticket platform Eventbrite target the owners of Salford Red Devils rugby club over an alleged contract breach, and Scottish distiller William Grant & Sons square off against a former MP in a trademark tussle tied to its Glenfiddich whisky. 

  • January 29, 2026

    Ex-Morgan Stanley Adviser Conned NBA Players, Jury Hears

    A Manhattan federal prosecutor Thursday told jurors that a former Morgan Stanley adviser defrauded three NBA players out of millions of dollars through investments in wildly marked up life insurance policies, while defense counsel said the case was built on lies by a former client.

  • January 29, 2026

    Boeing's 'Stonewalling' Claim Fails To Land In-Person Depos

    A Seattle federal judge has rejected Boeing's bid to force representatives of an Irish aircraft leasing company to come to the United States for questioning in a case alleging the aerospace giant made false claims about the 737 Max, ruling Thursday that the witnesses can be deposed remotely because of visa issues.

  • January 29, 2026

    Trump SPAC Fights Chancery's $25K Daily Sanction Ruling

    The blank check company that took Trump Media & Technology Group Corp. public last year says it has been "unfairly trapped in a procedural morass" after a Delaware Chancery Court magistrate held the company in contempt and ordered it to pay sanctions over its refusal to pay an over $2 million legal fee advancement bill.

  • January 29, 2026

    No New Trial For Atty Who Sued For Nassar Scandal Work Pay

    A former associate from a Houston-based law firm lost his request to revive his wage and hour suit stemming from purported missteps he made while working as a defense attorney for former Olympic gymnastics coaches Bela and Martha Karolyi following the Larry Nassar scandal, after a Texas appeals court said Thursday he neglected to preserve the alleged errors he challenged.

  • January 29, 2026

    Defunct Energy Co. Challenges Indian Oil Corp.'s $9.2M Award

    A defunct energy trading company has asked a New York federal judge to toss Indian Oil Corp.'s bid to confirm and enforce a $9.2 million arbitral award, arguing that the state-owned refiner never properly served the petition.

  • January 29, 2026

    Amazon Consumers Lose Bid For Earlier Antitrust Trial Date

    The trial in a massive consumer antitrust class action against Amazon.com Inc. will remain scheduled for June 2027 following a Seattle federal judge's refusal of shoppers' request to move up the trial to November.

Expert Analysis

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • A New IP Game Plan For College Football Players

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    For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.

  • 11th Circ. Ruling Shows Federal Question Jurisdiction Limits

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    The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • Opinion

    The Fallout Of Drake's Defamation Suit Against UMG

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    Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • 2 Appellate Rulings Offer Clickwrap Enforcement Road Map

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    Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.

  • SDNY Ruling Reinforces Joint Steering Committee Obligations

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    The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

  • Unpacking Ore. Law's Limits On PE Healthcare Investment

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    A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.

  • 5 Ways Lawyers Can Earn Back The Public's Trust

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    Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.

  • 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 discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.

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