Commercial Contracts

  • May 20, 2026

    Bayer Curbs Seed Loyalty Program Amid DOJ Antitrust Inquiry

    Bayer CropScience has agreed to back off, for the next seven years, from implementing requirements in its loyalty program where it was accused of tying discounts to sales targets that independent seed companies had to meet, according to the U.S. Department of Justice's announcement made Wednesday.

  • May 20, 2026

    Jack In The Box Can't Dodge Franchisees' Indemnity Claim

    A Washington state judge Tuesday denied Jack in the Box Inc.'s effort to sidestep liability for job postings that allegedly violated a Washington pay transparency statute, ruling that two franchisees suing the fast-food giant adequately stated an equitable indemnity claim under California law.

  • May 20, 2026

    Top 4 Most Surprising Moments In Musk-OpenAI Trial

    The high-profile trial over Elon Musk's challenge to OpenAI's for-profit conversion wrapped Monday with a quick jury verdict in favor of OpenAI and its executives, but the three-week trial drew some surprising moments for those in the courtroom who had front row seats to the fight between billionaires.

  • May 20, 2026

    Baltimore Bridge Wreck Civil Trial Will Stay The Course

    A Maryland federal judge on Wednesday refused an eleventh-hour request from the Dali cargo ship's owner and manager to delay a trial that's starting in less than two weeks to determine the scope of liability and damages over Baltimore's Francis Scott Key Bridge disaster, according to an attorney for certain claimants.

  • May 20, 2026

    Salad JV Partner Sued Over Cash Distribution Freeze

    Taylor Fresh Foods Inc. sued Fresh Express Vegetable LLC in Delaware Chancery Court Wednesday, accusing its joint venture partner of improperly withholding millions of dollars in required cash distributions while trying to force out the venture's longtime chief executive.

  • May 20, 2026

    Pipeline Co. And JB Hunt Settle Easement Fight

    A pipeline company voluntarily dismissed its lawsuit against J.B. Hunt in Illinois federal court Wednesday after accusing the shipping giant of planning to build a parking lot over its pipeline's right of way, saying they've reached a settlement.

  • May 20, 2026

    Colo. Fence Co. Says Rival Stole Trade Secrets, Customers

    A Colorado fencing distributor has alleged in federal court that a private equity-backed competitor, its subsidiary and a former sales manager orchestrated a scheme to steal the distributor's trade secrets rather than pay $7 million to acquire the company.

  • May 20, 2026

    Boeing Says NASA Program Contract Claim Came Too Late

    The Boeing Co. asked a Washington federal judge to dismiss a breach of contract claim as untimely from a Colorado aerospace company alleging theft of its patented technology, according to a motion for judgment on the pleadings.

  • May 20, 2026

    SpinX Says Social Casino Suit Belongs In Arbitration

    A Hong Kong company that publishes free "social casino games" has asked a California federal court to send to arbitration a proposed class action accusing it of violating state gambling laws, saying the lead plaintiff agreed to arbitrate when he first opened the apps.

  • May 20, 2026

    Armenian Game Maker Won't Give Up Source Code, Suit Says

    The parent of video game company Big Fish Games has sued an Armenian game developer in Washington state court, alleging that when it took ownership of Big Fish, it discovered source code missing from materials returned by the Armenian firm that it has not been able to recover.

  • May 20, 2026

    Error In Policy Doesn't Double Coverage, Insurer Says

    An insurer told a Florida federal court Wednesday that a clerical error in a property policy should not allow a waste management company to collect more than twice the coverage it bargained for after a March 2025 fire. 

  • May 20, 2026

    Ballot Group Backs Ark. In 8th Circ. Gaming Permit Dispute

    A ballot group at the center of a voter referendum that revoked an Arkansas gaming permit for Cherokee Nation Entertainment is backing the state's right to enforce the ballot measure in the Eighth Circuit, arguing that state and Prohibition-era Supreme Court precedent confirms there's no protectable property interest in the license.

  • May 20, 2026

    Lendlease Wants NC Military Housing Suit Tossed

    Lendlease Americas Inc. pushed for dismissal of a suit filed by U.S. military families who accused it and other companies of running uninhabitable homes on North Carolina's Marine Corps Base Camp Lejeune, arguing in North Carolina federal court that the plaintiffs are mistaken about the company's arguments for dismissal.

  • May 20, 2026

    Atlanta Law Firm Beats Attempt To Revive RE Malpractice Suit

    The Georgia Court of Appeals rejected an attempt to revive a malpractice suit filed against an Atlanta-based law firm for allegedly shoddy work on a title search in connection with a real estate property purchase, saying Wednesday the suit came too late.

  • May 20, 2026

    OpenAI Says ChatGPT Misuse Is Users' Responsibility

    OpenAI has asked a federal judge in Chicago to end an insurance company's suit alleging it practices law without a license, arguing the complaint should be directed toward individuals who misuse the company's ChatGPT bot to file faulty motions, and not the generative AI platform itself.

  • May 20, 2026

    Builder Not Covered In Home Construction Fight, Insurer Says

    A builder accused of causing significant delays and increased costs during the construction of a custom home in North Carolina is not entitled to coverage, the company's insurer told a federal court, saying the underlying suit did not allege bodily injury or property damage.

  • May 19, 2026

    9th Circ. Leans Toward FCC In Appeal Over SIM Card Beef

    The Ninth Circuit seemed to have its doubts Tuesday that the Federal Communications Commission made the wrong call in finding it had no say over a Haitian mobile carrier's decision to deactivate SIM cards that were brought into the United States and used to evade international calling rates. 

  • May 21, 2026

    CORRECTED: Asus Reaches Deal To End Some Wi-Fi Patent Suits

    Sisvel's patent pool has reached a deal with Taiwanese electronics manufacturer Asus to license its standard essential pool of Wi-Fi multimode patents, resolving a swath of litigation but leaving at least one case pending in Texas federal court against an Asus subsidiary. 

  • May 19, 2026

    Davis Wright Adds Former Amazon Atty As Partner

    Davis Wright Tremaine LLP has recruited former Amazon in-house counsel Kevin Kramer to join its Seattle office, the law firm announced Tuesday, highlighting his track record of representing the e-commerce giant in consumer class actions and other commercial disputes.

  • May 19, 2026

    4th Circ. Revives Freight Broker Suit After High Court Ruling

    The Fourth Circuit on Monday revived a South Carolina widow's lawsuit alleging that freight broker Echo Global Logistics negligently selected the trucking company involved in the 2022 accident that killed her husband, days after a U.S. Supreme Court ruling established that freight brokers can face state-based tort claims.

  • May 19, 2026

    Colo. Co. Seeks More Boeing Discovery In NASA IP Fight

    A Colorado aerospace company claimed The Boeing Co. has failed to disclose numerous witnesses and records through discovery in the company's lawsuit accusing Boeing of stealing its patented technology to use on NASA's Artemis moon exploration program, according to a motion to compel filed in Washington federal court Monday.

  • May 19, 2026

    Fed. Circ. Rehearing Sought In $18M Penile Implant Dispute

    The Federal Circuit has been asked to have another look at a decision that largely reversed a California federal jury verdict that awarded $18.3 million to International Medical Devices Inc. in a trade secret case related to penile implants.

  • May 19, 2026

    Valve's Pivot On Gamer Arbitrations Gives Wash. Judge Pause

    A Washington federal judge Tuesday appeared conflicted over Valve Corp.'s bid for a court order to block hundreds of gamers from arbitrating consumer protection claims, pressing the game developer on its evolving arbitration stance while suggesting users agreed to updated terms requiring such disputes to be resolved in court.

  • May 19, 2026

    BU Says Insurer Wrongly Denied COVID Claims Defense Costs

    Boston University says its insurer is refusing to cover $1.76 million in legal fees for the school's successful defense of a series of pandemic-era class actions, improperly relying on policy exceptions for claims based on "wrongful acts," according to a lawsuit filed Tuesday.

  • May 19, 2026

    Ill. Justices Wary Of Uber's Push To Arbitrate Fatal Crash Suit

    Illinois Supreme Court justices on Tuesday pressed an attorney for Uber to explain how a widow's arbitration agreement through her own ride-sharing account is applicable to the wrongful death claims she has filed on behalf of her husband, who died as a passenger on a ride booked through his own Uber app. 

Expert Analysis

  • What Employers Should Know About Wash. Noncompete Ban

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    Washington state recently passed one of the most expansive prohibitions on noncompetes in the country, marking a significant shift in the state's approach to restrictive covenants and requiring employers to carefully assess how this change will affect their current and future agreements, say attorneys at Cozen.

  • Evaluating Congressional Investigation Risk In Deal Diligence

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    Given the increasing frequency and sophistication of congressional investigations into corporate business practices, companies conducting transactional due diligence should add procedures to assess and mitigate the unique challenges and wide-ranging risks that can arise from Capitol Hill’s scrutiny, say attorneys at Covington.

  • E-Discovery Quarterly: Recent Rulings On ESI Control

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    Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

  • Calif. Truck Regs Now Require Multiple Compliance Strategies

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    California's various vehicle and truck emissions programs now move on different legal tracks, impose different obligations and create different business risks on different timelines — so companies that treat them as one package subject to a federal Clean Air Act waiver risk missing deadlines and mispricing contracts, says Thierry Montoya at FBT Gibbons.

  • Del. Ruling Shows Power Of Postclose Governance Provisions

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    After the Delaware Court of Chancery reinstated a target company's CEO as part of the equitable remedy in Fortis Advisors v. Krafton, deal parties should emphasize the importance of postclosing governance provisions to earnout economics, knowing that they will have to live with these provisions for the duration of the earnout period, say attorneys at Sidley.

  • A Data-Driven Guide For Navigating The 2026 Oil Price Shock

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    With the Iran war disrupting tanker traffic through the Strait of Hormuz, oil price volatility has soared, and this extreme price dislocation is likely to generate complex legal disputes — but companies can protect themselves by preserving every scrap of market data available, say Peter Niculescu and Leslie Rahl at Capital Market Risk Advisors.

  • 2 Discovery Rulings Break With Heppner On AI Privilege Issue

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    While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

  • Series

    Isshin-Ryu Karate Makes Me A Better Lawyer

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    My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

  • What FMC's Rejection Of War Surcharges Means For Shipping

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    The Federal Maritime Commission's rejection of multiple common carriers' requests last month to implement emergency shipping surcharges in response to conflict in the Mideast signals a decisive shift in the agency's regulatory posture toward stronger protections for shippers — with important implications for all supply chain participants, say attorneys at Husch Blackwell.

  • Getting To Know The Key Partners In Nuclear Power Projects

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    As more major technology companies and hyperscalers enter into energy offtake agreements with operators of existing, restarting and planned nuclear plants, it is essential that all stakeholders in such partnerships understand the roles and responsibilities of the key entities involved in a nuclear power project, say attorneys at Morgan Lewis.

  • Assessing EcoFactor's Impact On Damages Experts' Opinions

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    Though the Federal Circuit's ruling in EcoFactor v. Google gave rise to concerns that damages experts would be forced to rely on undisputed facts, recent case law suggests that those concerns are unwarranted, says Christopher Loh at Venable.

  • Insights From OppFi Suit On Building Calif. Bank Partnerships

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    A California state judge’s tentative ruling, walking through business evidence that Utah bank FinWise was not a “rent-a-bank” that fintech firm Opportunity Financial used as a front to dodge interest rate caps on in-state lenders, offers a helpful road map for structuring legally compliant bank-fintech partnerships under California law, say attorneys at Manatt.

  • Keys To Building Defensible Psychedelic Therapy Programs

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    Given the rapidly evolving legal environment for psychedelic therapies and heightened liability and compliance risks facing providers, meticulous documentation, robust risk management protocols, and proactive engagement with professional organizations and insurers are essential strategies, say Kimberly Chew at Husch Blackwell and L. Alison McInnes at Mindful Health Solutions.

  • Defense Contractor Tips For Commercial Solutions Openings

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    Defense contractors interested in participating in the Army’s recently announced commercial solutions opening should familiarize themselves with the process, which promotes flexibility but requires prudence in preparing proposals, negotiating award terms, and crafting supporting documents such as teaming agreements and subcontracts, say attorneys at Holland & Knight.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

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