Commercial Contracts

  • March 16, 2026

    PBGC Keen On Dishing Out Opinion Letters, Director Says

    The Pension Benefit Guaranty Corp. has revamped its website to encourage attorneys to seek opinion letters about how the Employee Retirement Income Security Act applies to specific scenarios. PBGC Director Janet Dhillon spoke to Law360 about that effort, the PBGC's latest financial report to Congress and her goals for the agency.

  • March 16, 2026

    EB-5 Investors Land Class Cert. In TD Bank Escrow Suit

    A Manhattan federal judge has certified a class of EB-5 immigrant investors who claim TD Bank improperly released nearly $50 million of their funds from escrow, which allegedly caused the money to go missing and scuttled their efforts to seek visas. 

  • March 16, 2026

    Live Nation Trial Resumes, Exec Says Competition Is Up

    The antitrust trial of Live Nation picked back up Monday after a weeklong hiatus with a coalition of states in the driver's seat, after the U.S. Department of Justice settled its case against the live entertainment giant, with one of its executives testifying that competition in the concert promotion business has grown in recent years.

  • March 16, 2026

    Winston & Strawn Sanctioned For Trying To 'Make Up Facts'

    A California federal judge sanctioned Winston & Strawn LLP on Monday for making up facts and otherwise misrepresenting the record in contract litigation over its client's app being removed from Apple's platform, then separately dismissed the case on the merits.

  • March 16, 2026

    Stellantis Escapes Vehicle Inventory 'Channel Stuffing' Suit

    Automaker Stellantis and former executives beat a proposed securities class action accusing them of so-called channel-stuffing, after a New York federal judge found none of the suit's alleged misstatements were material, and the investors failed to plead the executives had a motive to defraud or knowingly committed the alleged wrongdoings.

  • March 16, 2026

    Paramount Head Countersues Over $150M 'Shakedown' Suit

    Paramount President Jeff Shell fired back Monday at a $150 million lawsuit filed against him in California state court alleging he failed to pay for crisis communications services and revealed insider company information, filing counterclaims against the plaintiff he says is a professional gambler who "overplayed his hand" perpetrating a "shakedown."

  • March 16, 2026

    Edible Arrangements Wins Sanctions, Beats Ex-COO's Claims

    A Georgia federal judge struck the answer filed by Edible Arrangements' former chief operating officer and his company as a sanction for bad faith discovery conduct, finding they hid key evidence about millions in vendor checks deposited into a personal account.

  • March 16, 2026

    6th Circ. Revives FedEx, Kellogg Mortality Table Suits

    The Sixth Circuit on Monday revived suits against Kellogg and FedEx from retirees who alleged their former employers' outdated actuarial assumptions shortchanged their joint-and-survivor pension benefits, holding federal benefits law required employers to use reasonably up-to-date mortality tables when converting from a single-life annuity form.

  • March 16, 2026

    NC Judge Fast-Tracks Job Info Order For Joe Gibbs Racing

    Joe Gibbs Racing LLC's former competition director has one week to turn over communications and documents about his hiring and onboarding at a rival NASCAR team after a North Carolina federal judge on Monday granted the super team's bid for expedited discovery in their ongoing trade secrets battle.

  • March 16, 2026

    Fox Wants Mexican Media Exec Detained Amid IP Fracas

    Fox Corp. has asked a New York federal judge to detain a Mexican media executive for misusing the company's sports broadcast trademarks, arguing that the millions in monetary sanctions already ordered by the court are not an effective deterrent.

  • March 16, 2026

    Teamsters Push For Arbitration In Kraft Heinz Benefits Suit

    A Teamsters local contended that a dispute with Kraft Heinz Co. over a healthcare benefits grievance must be arbitrated because it falls within the scope of the parties' collective bargaining agreement, the union told a Delaware federal judge.

  • March 16, 2026

    Del. Chancery Restores CEO In Survival Game Dispute

    A Delaware Chancery Court judge has ordered the reinstatement of the chief executive of a video game studio acquired by South Korean gaming company Krafton Inc., finding Monday that the company breached a merger agreement when it fired the studio's leadership amid a dispute over a potential $250 million earnout tied to the release of Subnautica 2.

  • March 16, 2026

    Texas Justices Say Settlement Doesn't Block Indemnity

    The Texas Supreme Court will allow an engineering company to seek indemnity from one of its subcontractors for an injury suit settlement, saying nothing in the law blocks it from pursuing a comparative indemnity clause in the contract.

  • March 16, 2026

    NC Seller Can't Duck $200M Apartment Complex Sale Suit

    A North Carolina federal judge ruled that an apartment complex owner and affiliated entities can't avoid claims that they improperly held on to a potential buyer's deposit after environmental contamination thwarted a nearly $200 million deal to buy 10 properties.

  • March 16, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court's docket last week featured disputes including an $83.75 million settlement tied to a renewable energy merger, fraud claims in a fertilizer company acquisition and a developer's fight for control of a major Philadelphia redevelopment project.

  • March 16, 2026

    Sen. Warren Probes Auto Lenders On Military Borrower Rates

    The U.S. Senate Banking Committee's top Democrat pressed major auto lenders for underwriting information on military service members, noting they pay higher rates on average while statutory lending protections for service members exempt many auto loans.

  • March 13, 2026

    Adobe Inks $150M Deal In DOJ Suit Over App Subscriptions

    Adobe Inc. will pay $75 million in civil penalties and offer customers $75 million in free services under a tentative deal to resolve the U.S. Department of Justice's lawsuit over the company's software subscription practices, including an early termination fee that prosecutors had described as "a bit like heroin" for the company.

  • March 13, 2026

    States To Head Live Nation Antitrust Trial After Feds Settle

    Over two dozen states and the District of Columbia are forging ahead with monopolization claims against Live Nation in Manhattan federal court after the federal government unexpectedly agreed to settle with the live entertainment giant after a week of trial.

  • March 13, 2026

    Dorsey Defends Twitter Bot Count In Trial Over Musk Takeover

    Ex-Twitter CEO Jack Dorsey stood by 2022 company statements that bots made up less than 5% of accounts on the platform during video depositions shown Friday in a California federal trial over investor claims that Elon Musk deliberately tanked the company's stock with misstatements about fake accounts to renegotiate the $44 billion deal.

  • March 13, 2026

    How The Iran War Has Snarled Global Oil & Gas Shipping

    The Iran war has effectively closed a key global shipping lane for oil and gas, and the resulting logjam is causing major headaches for companies responsible for transporting oil and gas from the Middle East to global markets.

  • March 13, 2026

    Ga. Appeals Court Revises Alter Ego Rulings In $900K Case

    A Georgia appeals court broke from prior rulings and held that state law recognizes the horizontal alter ego theory of liability between sibling companies, upholding a roughly $900,000 verdict against two related turf installation companies involved in a contract dispute with their supplier.

  • March 13, 2026

    6th Circ.: Mich. Island Can Regulate Ferry Fares, Not Parking

    The Sixth Circuit has partly lifted a lower court order blocking a northern Michigan island from enforcing a new ferry ordinance, ruling the city can regulate ferry rates while the case proceeds but likely cannot control parking prices at mainland parking lots.

  • March 13, 2026

    PE Firm Seeks To Block Calif. Suit Over $17.5M Deal

    A private equity investment firm has asked the Delaware Chancery Court to block two former sellers of behavioral health facilities from pursuing a parallel lawsuit in California, arguing that the claims violate contractual provisions requiring any related disputes to be litigated in Delaware.

  • March 13, 2026

    Texas Justices Overturn $26M Equinor Verdict

    The Texas Supreme Court on Friday overturned a $26 million judgment against Equinor Energy LP, undoing a jury's finding that it violated an exclusivity clause in a contract to supply water for fracking.

  • March 13, 2026

    4th Circ. Genworth Ruling Raises Bar For ERISA Class Actions

    A recent Fourth Circuit decision in a suit challenging Genworth Financial Inc.'s inclusion of target-date fund investments as employee retirement plan options will make it tougher to certify similar class actions and could have a ripple effect in a broader range of cases, experts told Law360.

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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