Commercial Contracts

  • January 21, 2026

    Schwab Nixed From DOL Enforcement Suit Against Other Firm

    A Pennsylvania federal judge on Wednesday dismissed two Schwab companies from a U.S. Department of Labor enforcement case, finding the financial services providers' participation was no longer needed in the agency's dispute against another firm.

  • January 21, 2026

    3rd Circ. Ends Minor League Owner's Suit Over MLB Ties

    The Third Circuit on Wednesday upheld the dismissal of a lawsuit from the owner of the Oregon-based Salem-Keizer Volcanoes alleging a minor league baseball official cut the team out of a relationship with Major League Baseball, finding the official had no fiduciary duty to it.

  • January 21, 2026

    Feds Back Freight Broker In High Court Negligence Case

    The federal government urged the U.S. Supreme Court Wednesday to hold that federal law unequivocally shields freight brokers from state-based negligence and personal injury claims, throwing its support behind broker and logistics giant C.H. Robinson in a closely watched case.

  • January 21, 2026

    Apple Workers In Wash. Sue Over Limits On Moonlighting

    Apple Inc. has broken a Washington state moonlighting law by prohibiting dozens of lower-wage workers from taking second jobs to supplement their incomes, according to a former employee's proposed class action against the company.

  • January 21, 2026

    Pa. Justices Reverse Clickwrap Arbitration Limits, For Now

    The Pennsylvania Supreme Court has determined that a lower appellate court was too quick to declare that "clickwrap" arbitration agreements buried in apps' and websites' terms of service erode the constitutional right to trial by jury, reversing a decision that invalidated such an agreement in an injury suit against Uber.

  • January 21, 2026

    Licensing Deal Saves Cisco From Lionra Suit, Fed. Circ. Says

    The Federal Circuit rebuffed Lionra Technologies Ltd.'s efforts to save its patent infringement case against Cisco Systems Inc., with a panel finding Wednesday that a licensing agreement foreclosed the lawsuit and calling Lionra's characterization of the agreement "skewed."

  • January 21, 2026

    NC Court Throws Duke A Lifeline In Transfer Battle With QB

    A North Carolina state judge allowed Duke University quarterback Darian Mensah to enter the NCAA transfer portal Wednesday, but prohibited him from signing with another school until ruling on Duke's request for an injunction that would keep him at the university.

  • January 21, 2026

    Businesses Seek OK On $436M Toyota Forklift Emissions Deal

    A proposed class of businesses is asking a California federal court to give the go-ahead on a $436 million settlement with Toyota Industries Corp. and its material handling affiliates in a suit that alleged the company misled them on their forklift and construction engine emissions.

  • January 21, 2026

    Tex-Mex Chain's 'Feeling' Isn't Trade Secret, NC Biz Court Told

    A chain of upscale Tex-Mex restaurants in North Carolina failed to specify the trade secrets a former manager is accused of stealing to replicate its dining concept at another restaurant in Missouri, defense counsel told a North Carolina Business Court judge on Wednesday.

  • January 21, 2026

    Cresco Accused Of Withholding Revenue Share From Partner

    An Ohio company that claims it helped cannabis giant Cresco Labs LLC build its medical and retail marijuana operations in the Buckeye State alleges in a new federal lawsuit that the company bilked it out of promised fees when it expanded its business into adult-use cannabis.

  • January 21, 2026

    Widow Of 'Sophie's Choice' Author Settles Stage Rights Spat

    The 97-year-old widow of author William Styron has settled a suit by a playwright who claimed he held exclusive rights to the stage version of Styron's novel "Sophie's Choice," according to a filing in Massachusetts state court.

  • January 21, 2026

    Realtor Alleges Zillow 'Monopoly' Forces Loan Referrals

    A proposed class of real estate agents accused property listing company Zillow Group Inc. and several of its subsidiaries in Washington federal court of running a monopoly that forces real estate agents to, among other things, use a Zillow client referral program that pushes program participants to refer clients to Zillow's loan services.

  • January 21, 2026

    Chancery Gives Solar Roof Co. One Week To Find In-State Atty

    The Delaware Chancery Court on Wednesday declined to rule immediately on a request to hold a solar roofing company in contempt for defying a court order, instead pausing the case to give the company time to hire Delaware counsel, a prerequisite to allowing the company to be heard on the merits.

  • January 20, 2026

    Adviser Can't Freeze Funds From $2.1B Plymouth REIT Buy

    A Massachusetts state judge declined Tuesday to set aside $60 million from a pending $2.1 billion deal to take Plymouth Industrial REIT private, finding the criteria to escrow the funds as a "debt" to Plymouth's financial adviser were not met.

  • January 20, 2026

    Martin Shkreli Can't Force Wu-Tang's RZA Into Album Fight

    A New York federal judge has shot down Martin Shkreli's request to add Wu-Tang Clan rappers and producers RZA and Cilvaringz to litigation centered on the group's rare album "Once Upon a Time in Shaolin," slamming Shkreli's motion as "astonishingly devoid of support."

  • January 20, 2026

    John Roberts Welcomes John Roberts To Supreme Court

    U.S. Supreme Court advocates have tips galore for staying calm at a debut argument, including diligent preparation, mindful breathing and treating the event as a conversation. But a Proskauer Rose LLP attorney benefited Tuesday from a distinctive development: the chief justice's introductory jest about the two of them not being related.

  • January 20, 2026

    American Bridge Owes $57M In Seattle Convention Center Suit

    American Bridge Co. has been hit with a $57 million judgment in Washington state court after a judge last month found the steel subcontractor on the hook for delays to a Seattle convention center project in a legal battle with a Clark Construction joint venture that served as the general contractor. 

  • January 20, 2026

    Judge Mostly Rejects Discovery Requests In OpenAI MDL

    A Manhattan federal magistrate judge largely rejected a series of requests from a group of authors and news publishers to expand discovery in a copyright infringement case against OpenAI, but directed the parties to confer on some topics to discuss production of certain materials.

  • January 20, 2026

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 48 Practice Group of the Year awards among them, achieving milestones such as high-profile litigation wins at the U.S. Supreme Court and 11-figure merger deals.

  • January 20, 2026

    Duke Sues To Block Quarterback's Transfer, Citing NIL Deal

    Duke University is suing to stop quarterback Darian Mensah from entering the NCAA transfer portal, saying the sophomore from California is defying his name, image and likeness deal with the Blue Devils, which runs through the end of 2026.

  • January 20, 2026

    Microsoft Warns Google Play Store Deal Invites Antitrust Harm

    Microsoft Corp. urged a California federal judge to reject the proposed Android app distribution settlement in Epic Games' antitrust suit against Google, arguing that the deal would essentially erase the court's injunction requiring Google to open up its Play Store to Microsoft and other competitors.

  • January 20, 2026

    Texas AG Says State Diversity Initiatives Breach Constitution

    Texas Attorney General Ken Paxton took aim at a plethora of state diversity initiatives in a Monday opinion, declaring that several minority-owned business assistance programs and private hiring practices run afoul of the Texas Constitution.

  • January 20, 2026

    Comulate Alleges Anticompetitive Tactics By Applied Systems

    A maker of software for insurance brokers has further escalated its dispute with rival Applied Systems Inc., lodging a new lawsuit in Illinois federal court over an alleged campaign to eliminate a competitor it was unable to acquire.

  • January 20, 2026

    Zillow, Redfin Must Produce CEO Docs In FTC's Antitrust Case

    A Virginia federal magistrate judge gave the Federal Trade Commission a limited peek Tuesday into the communications between the CEOs of Zillow and Redfin over an alleged deal paying Redfin more than $100 million not to compete for rental listings, partially overriding Zillow's objections in a ruling from the bench.

  • January 20, 2026

    Ex-Med Spa Workers Say Poaching Claims Can't Stay In Conn.

    Two former Connecticut medical spa workers have asked a judge to dismiss claims they lured clients and a colleague to a nearby competitor, saying their employment agreements select Delaware as the necessary forum and venue for any dispute.

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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