Commercial Contracts

  • March 06, 2026

    Duke Energy Settles Monopoly Suit On Eve Of Jury Trial

    Duke Energy has settled a Florida-based power provider's monopoly suit on the eve of a jury trial in North Carolina, just two months after the U.S. Supreme Court refused to review a Fourth Circuit ruling that revived the antitrust claims, according to a notice filed Friday.

  • March 06, 2026

    Amazon Beats Claim It Ships Slowly To Some ZIPs, For Now

    A Washington federal judge has for now thrown out a proposed class action accusing Amazon of lagging shipping speeds in certain ZIP codes, saying Friday the plaintiff online shoppers haven't shown the e-commerce company promised routine two-day delivery to its Prime members.

  • March 06, 2026

    Croatia Can't Escape $236M Intra-EU Award Payment

    A D.C. federal judge enforced a roughly $236 million arbitral award against Croatia in a long-running dispute stemming from Hungarian oil and gas company MOL's investment in the formerly state-owned Croatian energy supplier INA.

  • March 06, 2026

    NY Appeals Court Won't Revive Section 8 Protections

    A New York state appellate court confirmed that a New York Human Rights Law provision outlawing source-of-income discrimination is unconstitutional, allowing landlords to decline to rent to prospective tenants with Section 8 rental vouchers.

  • March 06, 2026

    Constantine Cannon Defends Handling Of Sutter $75M Fee

    Constantine Cannon LLP pushed back against Schneider Wallace Cottrell Kim LLP's allegations it unfairly reduced Schneider Wallace's share of a $75.4 million fee award in Sutter Health's $228.5 million antitrust deal, arguing in California federal court that the firm "sat on the sidelines" for most of the decadelong fight and isn't entitled to a bigger cut.

  • March 06, 2026

    Investors Accuse Alston & Bird Of Aiding $328M Crypto Fraud

    Several investors have brought a Florida federal proposed class action alleging legal malpractice against Alston & Bird LLP, accusing the law firm of drafting joint venture agreements that were used to aid a $328 million cryptocurrency scam. 

  • March 06, 2026

    Fortnite Maker Says Ex-Contractor Leaked Secrets For 'Clout'

    Fortnite maker Epic Games Inc. accused a former contractor of anonymously leaking company secrets on social media, violating his nondisclosure agreement and jeopardizing the gaming company's business relationships, according to a lawsuit filed in North Carolina federal court.

  • March 06, 2026

    Tobacco Co. Nasco Argues Hestia Suit Lacks Specifics

    A tobacco product manufacturer is asking a North Carolina federal court to throw out some claims in a contract dispute with the owners of Hestia Tobacco, saying the complaint hasn't identified contracts that it allegedly interfered with, or any fraud.

  • March 06, 2026

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

    This past week in London has seen British American Tobacco sued by more than 100 investors, the government bring a claim against a COVID-19 supplier of personal protective equipment, Annington Funding sue its new corporate trustees on the Financial List, and Piers Morgan hit with a defamation claim from a pro-Israel barrister he interviewed on his YouTube channel. 

  • March 06, 2026

    Wash. High Court Won't Hear Co.'s Arbitration Pact Appeal

    Washington state's highest court won't review a decision finding a logistics company imposed an unconscionable arbitration pact on two workers who lodged wage and hour claims against the company, according to a court filing.

  • March 05, 2026

    Anthropic Deemed Supply Chain Risk By Pentagon, Vows Suit

    The Pentagon has officially informed Anthropic that it is a supply chain risk to the United States' national security, a designation that the artificial intelligence company plans to challenge in court as not "legally sound," according to a statement by Anthropic's CEO on Thursday.

  • March 05, 2026

    Twitter 'Lied' About Bots, Musk Says At Stock Fraud Trial

    Elon Musk continued his testimony in California federal court Thursday in litigation over Twitter investors' claims he publicly trashed the company to get a better deal on his buyout, calling Twitter's claims about bots on the platform "utterly absurd" and contending "they lied in public SEC documents repeatedly."

  • March 05, 2026

    Judge Says TitleMax's Forgery Claim Can't Halt Arbitrations

    A North Carolina federal judge declined to grant several TitleMax subsidiaries a temporary restraining order and preliminary injunction to stay over 100 arbitration proceedings after the car title loan company said a key document may have been forged, ruling Thursday that the request was tantamount to an expansion of the court's jurisdiction.

  • March 05, 2026

    Chance The Rapper Pay Deal Was Understood, Ill. Jury Hears

    Chance the Rapper's former manager left a three-year compensation sunset provision out of the management duties he'd drafted to solidify their working relationship because he considered it a "prenuptial type of concept" that was already well understood through conversation, Illinois jurors heard Thursday.

  • March 05, 2026

    Fla. Judge Conditionally OKs Cosmetic Co.'s Ch. 11 Plan

    A bankruptcy judge in Florida conditionally approved on Thursday a cosmetic company's Chapter 11 plan, granting a proposed reorganization that involves a lender taking over the company in a debt-to-equity transaction. 

  • March 05, 2026

    Trump Can Shelve Refugee Admissions, 9th Circ. Rules

    The Ninth Circuit on Thursday ruled that President Donald Trump likely has the authority to suspend admissions of people seeking refugee status in the U.S., but said the government's defunding of services to refugees already admitted is likely unlawful.

  • March 05, 2026

    OpenAI Practices Law Without A License, Insurer Alleges

    OpenAI is practicing law without a license, according to an insurer's lawsuit filed in Illinois federal court that alleges artificial intelligence platform ChatGPT provided faulty legal advice to a woman seeking disability benefits that led to a breached settlement and a flurry of frivolous court filings.

  • March 05, 2026

    Meta Hid 'Alarming Reality' Of AI Glasses' Privacy, Suit Says

    Meta Platforms touts its artificial intelligence "smart" glasses as designed to protect users' privacy, but the tech company surreptitiously routes video captured by the wearable devices to contractors who view the footage to train Meta's AI models, according to a new proposed class action filed in California federal court.

  • March 05, 2026

    Signal 'Never' Regular Biz Practice, Amazon Tells FTC Judge

    Amazon.com Inc. assailed the Federal Trade Commission for accusing the company of using auto-deleting Signal chats and improper privilege claims to hide evidence of rules that created an artificial pricing floor across online retail stores, telling a Washington federal judge that it never hid anything.

  • March 05, 2026

    9th Circ. Denies Bail Pending Nurse Wage-Fixing Appeal

    A Ninth Circuit panel summarily refused to allow a Las Vegas home nursing executive to avoid prison while appealing the U.S. Department of Justice's first-ever criminal wage-fixing conviction.

  • March 05, 2026

    Nielsen Urges 2nd Circ. To Nix Data-Tying Order

    Ratings provider Nielsen has told the Second Circuit that a lower court injunction blocking it from conditioning access to its nationwide radio ratings data on the purchase of local market data intruded on its private price negotiations with radio giant Cumulus Media.

  • 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.

Expert Analysis

  • IP Ownership Risk Grows In Booming Cancer Drug Market

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    The ownership of intellectual property has become strategically decisive in deals involving valuable cancer therapeutics known as ADCs, as highlighted by the recent Takeda-Innovent deal, with the commercial value of a license resting on the integrity and defensibility of the underlying technology, say attorneys at Loeb & Loeb.

  • Series

    My Miniature Livestock Farm Makes Me A Better Lawyer

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    Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.

  • Litigation Funding Could Create Ethics Issues For Attorneys

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    A litigation investor’s recent complaint claiming a New York mass torts lawyer effectively ran a Ponzi scheme illustrates how litigation funding arrangements can subject attorneys to legal ethics dilemmas and potential liability, so engagement letters must have very clear terms, says Matthew Feinberg at Goldberg Segalla.

  • Power Market Reforms Push Data Center Lease Rates Higher

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    Rising demand, constrained supply and ongoing reforms, amid a rush for reliable, near-term computing capacity, are putting pressure on data center leasing renewal rates in large markets such as the Electric Reliability Council of Texas and PJM Interconnection Inc., say attorneys at Weil.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings and identifies practice tips from cases involving claims related to oil and gas royalty payments, consumer fraud, life insurance, automobile insurance, and securities violations.

  • E-Discovery Quarterly: Recent Rulings On Dynamic Databases

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    Several recent federal court decisions illustrate how parties continue to grapple with the discovery of data in dynamic databases, so counsel involved in these disputes must consider how structured data should be produced consistent with the requirements of the Federal Rules of Civil Procedure, say attorneys at Sidley.

  • Series

    Building With Lego Makes Me A Better Lawyer

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    Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.

  • Series

    Law School's Missed Lessons: Networking 101

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    Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.

  • Defeating Estoppel-Based Claims In Legal Malpractice Actions

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    State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.

  • Series

    The Biz Court Digest: How It Works In Massachusetts

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    Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.

  • Why Appellees Should Write Their Answering Brief First

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    Though counterintuitive, appellees should consider writing their answering briefs before they’ve ever seen their opponent’s opening brief, as this practice confers numerous benefits related to argument structure, time pressures and workflow, says Joshua Sohn at the U.S. Department of Justice.

  • Notable Q3 Updates In Insurance Class Actions

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    The third quarter of 2025 was another eventful quarter for total loss valuation class actions, with a new circuit split developing courtesy of the Sixth Circuit, while insurers continued to see negative results in cost-of-insurance class actions, says Kevin Zimmerman at BakerHostetler.

  • Series

    Mindfulness Meditation Makes Me A Better Lawyer

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    Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.

  • How Calif. High Court Is Rethinking Forum Selection Clauses

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    Two recent cases before the California Supreme Court show that the state is shifting toward greater enforcement of freely negotiated forum selection clauses between sophisticated parties, so litigators need to revisit old assumptions about the breadth of California's public policy exception, says Josh Patashnik at Perkins Coie.

  • AI Litigation Tools Can Enhance Case Assessment, Strategy

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    Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.

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