Commercial Contracts

  • October 30, 2026

    'I Can't Get An Answer': Fair Use Fight Irks Anthropic Judge

    A California federal judge overseeing music publishers' high-stakes copyright fight with Anthropic over song lyrics expressed frustration during a hearing Friday, calling the fair use debate "slippery" and citing an "overarching concern" that she can't get clear answers about the categories of AI outputs at issue.

  • October 30, 2026

    9th Circ. Backs Meta In Publisher's Appeal Over Account Ban

    The Ninth Circuit Friday affirmed a lower court's dismissal of a Canadian news site's claim that Meta breached their agreement when it canceled the site's Facebook account, finding that Meta was acting in its capacity as a publisher and is therefore shielded by Section 230 of the Communications Decency Act.

  • October 30, 2026

    K&L Gates DQ'd In Trust's Mortgage Loan Agreement Dispute

    A Washington federal judge disqualified K&L Gates LLP from a trust's dispute over a residential mortgage loan sale agreement, ruling that the law firm must leave the suit because it drafted the form agreement used in the transaction.

  • October 30, 2026

    Pharma Supplier Sues To Undo $52M Minority Stake Deal

    Pharmaceutical ingredient manufacturer Pfanstiehl Holdings Inc. has sued a minority shareholder and its general partner in the Delaware Chancery Court, seeking to unwind a $52.3 million transaction that allegedly transferred a majority economic interest in the shareholder's stake to an unidentified investor without required notice or consent.

  • October 30, 2026

    9th Circ. Revives NFL Sunday Ticket Antitrust Verdict

    The Ninth Circuit ruled Friday that a lower court was wrong to scrap a $4.7 billion jury verdict against the National Football League in a class action over the price of its Sunday Ticket broadcast package, but ordered a new trial on the damages.

  • October 30, 2026

    Real Estate Investors Say Deceit Tanked Conn. Projects

    A group of investors living in Israel is demanding to know what happened to the millions of dollars it put into three Connecticut properties that decayed and fell into foreclosure, bringing a contract and fraud suit Friday against the managing member of the underlying corporate entities.

  • October 30, 2026

    Pa. Justices Nix Damages For CEO Who Was Paid Late

    The Pennsylvania Supreme Court has ruled an employee can't sue an employer for liquidated damages stemming from unpaid wages if those wages were paid before the lawsuit was filed, even if the payday came late.

  • October 30, 2026

    Builder Says Insurer Shifted Reasons To Deny $600K Claim

    A general contractor said its insurer must pay nearly $600,000 and counting for costs incurred to remedy a flooring subcontractor's faulty work, telling a Tennessee federal court that the carrier wrongfully denied coverage based on exclusions that don't apply and incorrect interpretations of the policy.

  • October 30, 2026

    Judge Won't Free Pierce Atwood Of Investor's Malpractice Suit

    Pierce Atwood LLP failed to win dismissal of a lawsuit from a Ukrainian oligarch who says the firm's advice led to a $1.85 million judgment against him in investor litigation over the liquidation of now-insolvent genetic testing company Pathway Genomics Corp.

  • October 30, 2026

    Cannabis Co. Says Retailer Failed To Pay $301K For Goods

    A cannabis distributor is suing the owner of five dispensaries in California state court, alleging they haven't paid more than $301,000 in invoices and that they claimed they would pay on a "sell-through" basis despite such an agreement being neither negotiated nor agreed to.

  • October 29, 2026

    Fugitive Former Conn. Official Must Pay Capital One $25K

    A onetime Connecticut budget official who fled to Greece as sentencing neared in one federal public corruption case and a trial loomed in another must pay more than $25,000 to cover the balance of a Capital One personal loan, a state judge has ruled.

  • October 29, 2026

    Colo. Judge Blocks Coors' Supplier From Exiting Contract

    Beer brand supplier Constellation Brands Inc. cannot terminate its 18-year-long distribution contract with Coors Distributing Co. LLC until arbitration can occur as mandated under the companies' agreement, a Colorado state judge ruled.

  • October 29, 2026

    Ex-Property Management VPs Owe $1.6M For Poaching Clients

    Two former officers and directors at a North Carolina property management company must pay their ex-employer more than $1.6 million in damages to make up for clients they allegedly poached for a rival business they ran, a state court judge ruled, granting the company a partial pretrial win.

  • October 29, 2026

    Fertility Cos. Accused Of Moving Eggs Without Consent

    A national fertility clinic network has been hit with a suit in Los Angeles Superior Court alleging it jeopardized a 50-year-old woman's ability to have a biological child by transporting her frozen eggs across state lines to an automated facility without her permission.

  • October 29, 2026

    5th Circ. Sinks Motorola's Discovery Bid For IP Feuds Abroad

    The Fifth Circuit on Thursday reversed a lower court's approval of Motorola's discovery request for use in foreign proceedings in litigation brought by Advanced Standard Communication LLC over allegations of patent infringement, saying the district court "erred legally and analytically."

  • October 29, 2026

    Equatorial Guinea Must Pay $8.2M Hospital Contract Award

    A D.C. federal judge Thursday again enforced a roughly $8.2 million arbitral award issued against Equatorial Guinea in a dispute over an ill-fated hospital operating contract, ruling that the dispute-resolution clause did not first require litigation in the Equatoguinean courts.

  • October 29, 2026

    Importer, NJ Distributor End Suit Over Stealing Grocery Biz

    A distributor has agreed to drop its lawsuit alleging a Korean food importer purposefully mischaracterized why it was ending the parties' relationship in order to gain direct access to a popular grocery chain, according to a filing in New Jersey federal court.

  • October 29, 2026

    Uber, Amazon, Instacart Fight NYC Courier Deactivation Law

    Uber, Amazon and Instacart have accused New York City of overstepping by enacting a law prohibiting them from "deactivating" delivery couriers without formal notice and investigation, claiming in a new federal lawsuit that the regulation unconstitutionally interferes with their contractual rights.

  • October 29, 2026

    Fla. REIT Entity Seeks OK To Settle Texas Foreclosure Suit

    A bankrupt Florida-based real estate investment trust's entity and two other companies have asked a Florida bankruptcy court to approve their settlement in a Texas state court lawsuit that involved multiple foreclosed properties in the Texas city of Humble.

  • October 29, 2026

    ITC To Review ALJ's Infringement Ruling In Wi-Fi Patent Case

    The U.S. International Trade Commission has said it will look over various parts of an agency judge's findings that Taiwanese electronics manufacturer Asus and another Wi-Fi device seller infringed claims in a couple of patents licensed to Netgear.

  • October 29, 2026

    FTC, States Allege Toast Trapped Restaurants With Fees

    The Federal Trade Commission and eight states sued Toast Inc. on Thursday, accusing the restaurant software company of saddling restaurants with hidden fees, failing to provide promised customer support and making it difficult to cancel its services.

  • October 29, 2026

    Telecom Shareholders Claim Arbitrator Was Biased

    Majority shareholders of a Central and South American telecommunications tower business fighting a $300 million arbitration award they were ordered to pay to the minority shareholders of that business have told the Second Circuit that the arbitrator was biased against them.

  • October 29, 2026

    McCarter Can Keep ABA Report Quotes In Loan Suit Brief

    A Connecticut state judge will not order McCarter & English LLP to file a new post-trial reply brief in a $21.3 million malpractice case over collapsed loan transactions, despite two insurers' arguments that the firm improperly quoted a treatise that was never admitted into evidence.

  • October 29, 2026

    Pot Use Firing Suit Can Be Arbitrated Despite Flawed Clause

    A California state judge has granted Aarris Healthcare Staffing LLC's bid to compel arbitration against a former employee alleging she was wrongly fired for off-duty cannabis use, despite finding portions of the agreement unenforceable.

  • October 29, 2026

    Homebuyers Defend Third Zillow Suit Over Loan Kickbacks

    A group of homebuyers urged a Washington federal judge to uphold a third amended complaint alleging Zillow paid kickbacks to brokers who steered homebuyers to use the company's mortgage services, driving up the cost of home loans and purchases overall.

Expert Analysis

  • The Patent Circuit: Marking Duties For Licensed Tech

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    The Federal Circuit's decision in VDPP v. Volkswagen provides clarity on how the patent statute's marking provision applies to licensed technology, but expressly leaves open the question of how exactly patentees can make reasonable efforts to ensure licensees' marking compliance, say attorneys at Knobbe Martens.

  • Mapping The Shifting Landscape Of Algorithmic Pricing Laws

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    As state legislative activity and federal developments abound in algorithmic pricing practice, companies steering through this regulatory patchwork should consider a number of key issues, including status, use and exemptions, say attorneys at Covington.

  • Testing AI's Promise For Large-Scale Document Review

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    Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.

  • AI Meeting Recaps Pose New Discovery And Privilege Risks

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    The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.

  • Wireless Patent Suits Offer Lessons For Data Center Industry

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    As the data center patent litigation wave begins to crest, the industry can gain insight into what's to come by looking to the wireless and telecommunications industries, giving operators and suppliers concrete reasons to revisit their agreements and establish clear allocations of patent risk, say attorneys at Baker Botts.

  • 4 Tips On Expert Gatekeeping From J&J Talc Deal

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    Johnson & Johnson's successful campaign to exclude plaintiff-side oncologist testimony about whether its talcum powder caused ovarian cancer, which prompted the recent resolution of 70,000 claims, offers lessons on how product liability defendants can reshape risk calculation by rigorously applying expert admissibility rules, say attorneys at Hollingsworth.

  • Tracking Texas: When A Promissory Note Is Not A Security

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    The Texas Business Court's recent application of the so-called family-resemblance test in Thompson v. Anchor Capital offers a useful road map for Texas business owners and lenders navigating the intersection of commercial lending and securities law and determining when promissory notes can be classified as securities, say attorneys at Greenberg Traurig.

  • Series

    Playing Bid Whist Makes Me A Better Lawyer

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    As a child, I viewed bid whist as a family tradition and a source of friendly card game competition, but as a lawyer, I see it as a tool that has helped me cultivate skills like communication, teamwork, risk assessment and composure, says Keyonn Pope at Riley Safer.

  • FCC Robotics Restrictions Raise AI Compliance Risks

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    A recent "covered list" update from the Federal Communications Commission places restrictions on foreign-produced advanced robotic devices’ ability to obtain new authorizations, creating a framework that is poorly suited to continuous artificial intelligence updates, and raising several transactional and contractual challenges, says Kim Larsen at Stinson.

  • Opinion

    Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

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    California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

  • How Real Estate Funds Can Use Umbrella Partnership REITs

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    Recent transactions demonstrate how the conversion from a Delaware statutory trust to an umbrella partnership real estate investment trust may benefit real estate funds, and why attorneys should treat the structuring of this conversion as a coordinated diligence and drafting exercise, say attorneys at Kelley Drye.

  • A Look At Litigation Risks From Financing The AI Buildout

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    Artificial intelligence infrastructure financing can create gaps between accounting presentation and project-level economic exposure, and those gaps may affect management communications and how accounting experts can reconstruct the financial record when those communications become the subject of a securities dispute, says Erik Johannesson at Brattle Group.

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

  • Time Is On Payment Processors' Side As Deal Dynamics Shift

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    As payment processors increasingly use timing and volume to gain leverage, merchants should negotiate payment processing agreements well before renewal or migration deadlines, ensuring proper benchmarking, reserve, data, termination and transition terms are in place, says James Alexander at Reed Smith.

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