Commercial Contracts

  • February 24, 2026

    Pot Cos. Can't Reframe Loan Interest In Contract Suit

    A New Jersey federal judge won't let a group of cannabis companies recharacterize their interest payments as principal payments to a lender they say falsely held them in default, saying the contract agreements don't support the claim.

  • February 24, 2026

    NC Justices Toss Lindberg's Bid To Stall $526M Judgment

    North Carolina's top court Tuesday tossed a petition and motion to stay by embattled insurance mogul Greg Lindberg that challenged a $526 million judgment and arrest warrant against him, just one day after he filed the motions on his own behalf.

  • February 24, 2026

    Callagy Law Ex-Client Pushes For DQ In Firm's Countersuit

    A former Callagy Law PC client has asked a New Jersey federal judge to disqualify the firm from representing itself in a countersuit responding to a 2023 legal malpractice matter, alleging their past representation precludes them from handling a matter adverse to him.

  • February 24, 2026

    Personal Injury Firm Fights Sanctions Bid In Swipe-Fee Case

    A personal injury firm and its referral partner have pushed back against a sanctions bid from a class of merchants in a long-running antitrust litigation against Visa and Mastercard over swipe fees, arguing the plaintiffs are seeking "drastic relief" without a showing that any class member was harmed by allegedly misleading information the firm gave them.

  • February 24, 2026

    Biotech Co.'s Ex-CEO Calls $816K Atty Fee Demand 'Padded'

    Fox Rothschild LLP should receive no more than $200,000 in fees and costs for its successful prosecution of a breach of contract and conversion suit against a former biotech executive, the defendant told a Connecticut court in pushing back on a request for nearly $816,000.

  • February 24, 2026

    Pro Se Atty Asks 10th Circ. To Rehear Frontier Bias Suit

    A self-represented attorney asked the Tenth Circuit on Monday to reconsider its decision to back the lower court's dismissal of her racial discrimination lawsuit against Frontier Airlines, arguing that a panel misread her allegations that gate agents mocked her Indian accent and denied her boarding.

  • February 24, 2026

    Calif. Firm Says Texas Immunity Law Blocks $11M Fee Suit

    A California law firm is urging an Austin federal judge to dismiss claims that it participated in unlawfully withholding $11 million in attorney fees from a Texas law firm that allegedly helped secure a nine-figure verdict against Walmart, arguing a Texas immunity law protects the Golden State firm from being held liable to non-clients.

  • February 24, 2026

    NC Firm Says Insurers Shirked Coverage For Forgery Loss

    A North Carolina law firm has sued its insurers over coverage for nearly $130,000 it lost as a result of a forged cashier's check and related wire transfer, saying the carriers wrongfully denied coverage despite ample evidence supporting its claim.

  • February 23, 2026

    NC Hotel Bedskirt Biz Spat Pared After Rocky Trial Start

    A North Carolina Business Court judge on Monday pared certain claims from a corporate mismanagement suit on the first day of trial after hours of testimony from a minority member who accused the majority owner of defrauding the business, following a benchslap in which the judge chewed him out for his tardiness.

  • February 23, 2026

    Flyers Seek TRO In Alaska-Hawaiian Merger Antitrust Suit

    Airline passengers are urging a Hawaii federal judge to preserve Hawaiian Airlines as a standalone carrier, contending in a recently revived antitrust lawsuit that Hawaiian's 2024 merger with Alaska Airlines has harmed consumers with higher fees, reduced routes and eroded frequent flyer rewards.

  • February 23, 2026

    Disney Slams Dish's Antitrust Counterclaims In Sling TV Suit

    The Walt Disney Co. and ESPN urged a New York federal court to toss Dish Network's antitrust counterclaims accusing Disney of forcing it to carry less desirable channels in order to gain access to the "must-have" ESPN, saying Dish's refusal to adapt as streaming platforms evolve is not Disney's fault.

  • February 23, 2026

    Court Rejects $5.8M Fee Bid In Puerto Rico Funds Case

    A Puerto Rico federal judge denied an investment firm's bid for $5.8 million in attorney fees after the firm brought successful countersuit claims against investors, finding that the commonwealth's corporations law, which governs the case, prohibits legal fees absent a finding of obstinacy.

  • February 23, 2026

    American Airlines' Contract Battle With JetBlue Stays In Texas

    The Texas Business Court has denied a bid by JetBlue to escape a lawsuit alleging the airline neglected to pay American Airlines money it owed as a part of a profit-sharing agreement, finding the court has jurisdiction to hear the case.

  • February 23, 2026

    Pickleball Paddle Maker Can't Shake Fraud Claims

    A Maryland federal judge denied a pickleball paddle maker's attempt to dodge USA Pickleball Association claims alleging that it submitted a prototype paddle for approval yet later made and sold a more powerful paddle that was never tested or approved.

  • February 23, 2026

    Insurer Found In Breach Of Duty In Timeshare Exit Co. Case

    Insurer RSUI Indemnity Co. Inc. breached its duty to defend timeshare exit company Reed Hein & Associates LLC from class claims that it engaged in deceptive practices and defrauded customers, a Washington federal judge said in a mixed summary judgment ruling.

  • February 23, 2026

    Firm Waived Arbitration When It Filed Fee Suit, Ga. Panel Says

    The Georgia Court of Appeals has reversed a trial court's order sending a fee dispute between litigation firm Herman Jones LLP and an ex-client to arbitration, ruling Monday that there's "no clearer act" waiving the arbitration provision than the firm's decision to file a lawsuit instead.

  • February 23, 2026

    Tempur-Pedic Maker Hits Mattress Seller With TM Suit

    The "world-famous" trademarks Tempur-Pedic and Sealy are being violated by a small mattress seller that is continuing to use the marks well beyond the end of a retail agreement, Sealy Technology LLC told a North Carolina federal court.

  • February 23, 2026

    Outdoors Co. Says Investor Allowed Trademark Rights Sale

    A Nevada investment company and two of its officers breached their contract with Colorado-based outdoor recreation company Exxel Outdoors LLC and allowed an unauthorized sale of Exxel's trademark rights to occur without notice, it alleged in Colorado state court.

  • February 23, 2026

    Catching Up With Delaware's Chancery Court

    Legal fee feuds, noncompete pact breach fights and post-closing "earnout" battles piled up in Delaware's equity and commercial law venues last week, with top jurists briefing lawmakers on efforts to better manage crowded dockets and expanded benches.

  • February 23, 2026

    Fed. Circ. Revives Cell Modem Patent Case

    The Federal Circuit on Monday reversed a Minnesota federal court's decision that two patents covering cellular modem technology were invalid, but refused to revive the patent owner's breach of contract claims.

  • February 23, 2026

    5th Circ. Says Atty Fee In Architecture IP Case Wasn't Explained

    The Fifth Circuit has vacated a $500,000 attorney fee award granted to the legal team representing a realty firm that was accused of infringing copyrighted designs for a senior living facility, finding that a federal judge had not explained the calculation behind that amount.

  • February 23, 2026

    Pretium's Ch. 11 Prepack Confirmed Over Opt-Out Objection

    Pretium Packaging LLC received approval Monday in New Jersey bankruptcy court for its prepackaged Chapter 11 plan of reorganization after a judge said an opt-out mechanism for third-party releases is a permitted means of gaining consent from creditors.

  • February 23, 2026

    Justices Reject Eni Natural Gas Project Feud

    The U.S. Supreme Court on Monday declined Italian energy giant Eni's bid to review a New York appellate court decision that it says "stretched the claim preclusion doctrine beyond all constitutional bounds," in a long-running and multifaceted dispute stemming from a deal over a billion-dollar Mississippi liquefied natural gas processing facility.

  • February 23, 2026

    Justices Reject Vegas Sun Bid To Revive Protective Pact

    The U.S. Supreme Court refused Monday to take up a Ninth Circuit decision that nixed an agreement protecting the Las Vegas Sun from the Las Vegas Review-Journal's alleged plan to drive it out of business.

  • February 20, 2026

    Jury Finds Co-Investors Breached Oil Terminal Project Deal

    A Texas business court jury on Friday sided with an investor who alleged he was almost edged out of a lucrative oil terminal project, deciding that his co-investors flouted the parties' contract.

Expert Analysis

  • What Artists Can Learn From Latest AI Music Licensing Deals

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    Recent partnerships between music labels and artificial intelligence companies raise a number of key questions for artists, rightsholders and other industry players about IP, revenue-sharing, and rights and obligations, say attorneys at Manatt.

  • If Your AI Vendor Goes Bankrupt: Keeping Licensed IP Access

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    With contracting norms still evolving to account for the licensing of artificial intelligence tools, customers that need to retain access to key AI products in the event of vendor’s bankruptcy should consider four elements that could determine whether they may invoke traditional Section 365(n) intellectual property protections, say attorneys at Sidley.

  • Malpractice Claim Assignability Continues To Divide Courts

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    Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.

  • Tips For Financial Advisers Facing TRO From Former Firm

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    The Eighth Circuit's recent decision in Choreo v. Lors, overturning a lower court's sweeping injunction after financial advisers moved to a new firm, gives advisers new strategies to fight restraining orders from their old firms, such as focusing on whether the alleged irreparable harm is calculable, say attorneys at Kutak Rock.

  • Series

    Teaching Logic Makes Me A Better Lawyer

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    Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

  • Series

    Law School's Missed Lessons: Practicing Resilience

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    Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

  • NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

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    Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

  • Series

    The Biz Court Digest: Dispatches From Utah's Newest Court

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    While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

  • Aerospace And Defense Law: Trends To Follow In 2026

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    Some of the key 2026 developments to watch in aerospace and defense contracting law stem from provisions of this year's National Defense Authorization Act, a push to reform procurement, executive orders that announced Trump administration priorities, the upcoming Artemis space mission and continuing efforts to deploy artificial intelligence, say attorneys at Thompson Hine.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • 2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction

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    The Fifth and Ninth Circuits recently handed down decisions, in Sanchez Energy and Sawtelle Partners, respectively, reminding practitioners that bankruptcy court jurisdiction over lingering disputes is not guaranteed, regardless of whether confirmation orders contain specific "retention of jurisdiction" language, says Brian Shaw at Cozen O’Connor.

  • 3 Key Ohio Financial Services Developments From 2025

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    Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.

  • AI Licensing Suit Exhibits Pitfalls Of Vague Contract Terms

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    Fastcase Inc. v. Alexi Technologies, a case in District of Columbia federal court, demonstrates the potential consequences of vaguely drafted contract terms amid unforeseen technological advances, but there is practical guidance parties may employ to mitigate the potential for similar contract disputes, say attorneys at Baker Botts.

  • Series

    Playing Tennis Makes Me A Better Lawyer

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    An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

  • Class Actions At The Circuit Courts: January Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five rulings from October and November, and identifies practice tips from cases involving consumer fraud, oil and gas leases, toxic torts, and wage and hour issues.

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