Commercial Contracts

  • January 16, 2026

    What To Expect From USPTO's Essential Patent Group

    The U.S. Patent and Trademark Office's new working group aimed at promoting "robust and predictable" standard-essential patent remedies will face challenges in its goal of clarifying patent valuations, but could encourage more lawsuits and participation in standards, attorneys say.

  • January 16, 2026

    Amazon Beats Suit Claiming Misuse Of Forfeited 401(k) Funds

    A Washington federal judge has thrown out two workers' proposed class action accusing Amazon of using millions in abandoned retirement plan funds to offset its matching contributions instead of defraying administrative costs for participants, concluding Friday that the company followed the plan's terms.

  • January 16, 2026

    6th Circ. Revives Biomed Co. Investor's Suit Over Stock Sale

    The Sixth Circuit has ruled that a man who sold his stock in a biomedical research company just before being told the company planned to pursue private equity financing can bring his breach of contract and fiduciary duty claims, reversing a lower court's ruling granting summary judgment to the biomedical company.

  • January 16, 2026

    $29M Deal In Boeing Supplier Fraud Suit Gets Final OK

    A New York federal judge on Friday approved a $29 million deal to close out a suit alleging that Spirit AeroSystems Holdings Inc. misled investors by failing to disclose pervasive quality problems and a documented history of supplying its chief customer, The Boeing Co., with defective plane parts.

  • January 16, 2026

    DC Circ. Skeptical Of Reviving $53M Iraq Debt Suit

    A panel of the District of Columbia Circuit appeared wary during oral arguments Friday of a Jordanian company's position that statements made by Iraqi government officials encouraging it to file litigation to enforce a $53 million debt owed by the country meant it had waived its sovereign immunity.

  • January 16, 2026

    Chancery Won't Force Restart Of Calif. Plant Conversion Work

    Branding the proceeding "a big waste of our time," a Delaware vice chancellor denied on Friday a bid to preliminarily enjoin Air Products and Chemicals Inc. from terminating an agreement on the conversion of a Paramount, California, asphalt plant into a factory to make biofuel for aircraft.

  • January 16, 2026

    NuVasive Loses Appeal Over Ex-Exec's Ties To Competitor

    The Delaware Supreme Court on Friday affirmed the dismissal of NuVasive Inc.'s long-running lawsuit accusing a former top executive of breaching fiduciary duties and contractual obligations while planning to move to a rival spine-surgery company, ending nearly a decade of litigation over alleged conflicts and disloyal conduct.

  • January 16, 2026

    Judge Backs Employment Law Firm's 'Harmless Flirting' Ad

    A New York federal judge said an employment law firm would probably win its constitutional challenge to the rejection of a billboard advertising its willingness to sue companies that dismiss sexual harassment as "harmless flirting," calling a Syracuse airport authority's concerns that the ad pushed false information "nonsense."

  • January 16, 2026

    Pension Withdrawal Liability Math Gets High Court Spotlight

    The U.S. Supreme Court will zero in Tuesday on the methodology for assessing the liability of companies that pull out of multiemployer pension plans, hearing arguments in a case attorneys say could have costly implications for employers.

  • January 16, 2026

    OpenAI, Microsoft Must Face Musk Fraud Fight In April Trial

    A California federal judge denied OpenAI Inc.'s request for summary judgment on Elon Musk's claims OpenAI duped him into donating $38 million with false promises of remaining a nonprofit, while trimming some claims against Microsoft Corp. and sending the bifurcated dispute to an April jury trial.

  • January 16, 2026

    ChatGPT Users Say Microsoft Can't Duck Antitrust Suit

    ChatGPT subscribers urged a California federal judge Friday not to dismiss their lawsuit accusing Microsoft of undermining OpenAI by forcing the artificial intelligence giant into using its cloud computing exclusively, a day after they said Microsoft has no claim to alternatively force the proposed class action into arbitration.

  • January 16, 2026

    Comedians Say Sam Adams Used Ads Past Rights Expiration

    A trio of comedians has sued the company behind Sam Adams beer for continuing to use videos they recorded for a 2019 ad campaign after the company's right to their likenesses had expired, seeking compensation for the unauthorized use in Massachusetts state court.

  • January 16, 2026

    11th Circ. Won't Revive Fla. Remote School TM Suit

    The Eleventh Circuit has rejected an appeal from Florida Virtual School to revive its trademark infringement claims against a competitor, saying it had not shown evidence that it suffered actual damages as the result of any consumer confusion.

  • January 16, 2026

    Insurer Says Other Carrier Owes $23M For Old Policy Claims

    Sparta Insurance Co. said the former parent of an insurer it acquired reneged on its contractual obligations to handle and pay claims under policies issued before the acquisition, telling a Massachusetts federal court that it is owed more than $23 million in settlement payments, attorney fees and other costs.

  • January 16, 2026

    Conservation Easement Was $2.7M 'Swindle,' Investors Say

    Two investors have hit the Georgia-based managers of a syndicated conservation easement with a racketeering lawsuit, accusing the managers of lining their own pockets with nearly all the proceeds of a 2024 real estate sale to liquidate the fund.

  • January 16, 2026

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

    This past week in London saw the David Lloyd gym chain file an intellectual property claim against its founder, security company Primekings reignite a long-running dispute with the former owners of an acquired business, and a pair of Belizean developers sue a finance executive they say shut them out of a cruise port project.

  • January 15, 2026

    Getty Loses 2nd Circ. Bid Over $88M Stock Sale Breach Order

    A divided Second Circuit on Thursday upheld a ruling requiring Getty Images to pay out nearly $88 million to investors who said they were blocked from purchasing shares in the company once it became public, finding Getty breached a contract promising the investors those shares.

  • January 15, 2026

    Epic CEO, Google Execs To Testify At Play Store Deal Hearing

    Epic Games and Google plan to call Epic CEO Tim Sweeney, an economist, a Google executive and in-house counsel during an upcoming evidentiary hearing into their proposed Android app distribution settlement, which has drawn skepticism from the judge, who has appointed an economist to independently evaluate the deal.

  • January 15, 2026

    Energy Trader Says $5.5M Award Against Power Co. Is Valid

    A British Virgin Islands energy trading and logistics company has asked a Texas federal court to throw out a Guatemalan power plant operator's bid to vacate a $5.5 million arbitral award, saying the operator has never disputed that its debt is outstanding.

  • January 15, 2026

    Ex-WebAI Engineers Say Demos Were 'Faked' In Major Deals

    WebAI Inc. turned a blind eye to a company leader who not only targeted two successful technology engineers but imperiled high-stakes deals with Qantas Airways and the U.S. Department of Defense by allowing a "fake demo" and inaccurate presentations, former company engineers have told a North Carolina state court.

  • January 15, 2026

    NC Attys Can Withdraw From 'Unworkable' Nurses' Pay Row

    Two attorneys who said they had "irreconcilable differences" with nurse practitioners who did not meet their contractual financial obligations can withdraw their representation in a minimum wage lawsuit against their employer, a North Carolina federal magistrate judge ruled.

  • January 15, 2026

    6th Circ. Favors Comerica Bank In Ch. 7 Fraud Suit

    Comerica Bank is not liable for the actions of a former Chapter 7 liquidator, to whom the bank was paying fees during the bankruptcy of a tool manufacturer, the Sixth Circuit has found.

  • January 15, 2026

    Expedia Can Seek Singapore's Aid To Get Docs In Rival's Suit

    A Washington federal judge has granted Expedia's request to seek assistance from Singapore's court system to obtain documents from Trip.com to support its defense in an antitrust case filed by Switzerland-based bankrupt online hotel booking company Amoma Sarl.

  • January 15, 2026

    Visa, Mastercard Defend Swipe-Fee Deal Amid Objections

    Visa and Mastercard have again urged a New York federal judge to grant the first green light to a new settlement between the card issuers and a class of potentially millions of merchants to resolve two decades of antitrust litigation, pushing back against objections from Walmart and other merchant industry groups.

  • January 15, 2026

    Texas Justices Seem Open To Nixing Roofer's $4M Verdict

    The Texas Supreme Court seemed skeptical of a worker's claim that evidence of his consumption of a beer and half a joint six hours before he fell off a roof should not have gone before a jury, hinting Thursday that the contractor being sued may win its bid for a new trial.

Expert Analysis

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • Navigating Potential Sources Of Tariff-Related Contract Risk

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    As the tariff landscape continues to shift, companies must anticipate potential friction points arising out of certain common contractual provisions, prepare to defend against breach claims, and respond to changing circumstances in contractual and treaty-based relationships, say attorneys at Debevoise.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • Florida Case Could Redefine Construction Defect Damages

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    If a Florida appellate court overturns the trial court in a pending construction contract dispute, the state could experience a seismic shift in construction defect damages, effectively leaving homeowners and developers with an incomplete remedy, says Andrew Gold at Akerman.

  • Indemnity Lessons From Mass. Construction Defect Ruling

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    The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' statute of repose, should spur design and construction professionals to negotiate limited provisions, says Christopher Sweeney at Conn Kavanaugh.

  • When Reshoring, IP Issues Require A Strong Action Plan

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    With recent headlines highlighting tariffs as high as 3,521%, more firms will contemplate reshoring manufacturing to the U.S., and they will need to consider important intellectual property issues as part of this complex, expensive and lengthy undertaking, say attorneys at Norton Rose.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

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    Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • 4 Strategies For De-Escalating Hospitality Industry Disputes

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    As recent uncertainty in the travel business exacerbates the risk of conflict in the hospitality sector, industry in-house counsel and their outside partners should consider proactive strategies aimed at de-escalating disputes, including preserving the record, avoiding boilerplate clauses and considering arbitration, say Randa Adra at Crowell and Stephanie Jean-Jacques at Hyatt.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

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