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Commercial Contracts
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March 16, 2026
PBGC Keen On Dishing Out Opinion Letters, Director Says
The Pension Benefit Guaranty Corp. has revamped its website to encourage attorneys to seek opinion letters about how the Employee Retirement Income Security Act applies to specific scenarios. PBGC Director Janet Dhillon spoke to Law360 about that effort, the PBGC's latest financial report to Congress and her goals for the agency.
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March 16, 2026
EB-5 Investors Land Class Cert. In TD Bank Escrow Suit
A Manhattan federal judge has certified a class of EB-5 immigrant investors who claim TD Bank improperly released nearly $50 million of their funds from escrow, which allegedly caused the money to go missing and scuttled their efforts to seek visas.
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March 16, 2026
Live Nation Trial Resumes, Exec Says Competition Is Up
The antitrust trial of Live Nation picked back up Monday after a weeklong hiatus with a coalition of states in the driver's seat, after the U.S. Department of Justice settled its case against the live entertainment giant, with one of its executives testifying that competition in the concert promotion business has grown in recent years.
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March 16, 2026
Winston & Strawn Sanctioned For Trying To 'Make Up Facts'
A California federal judge sanctioned Winston & Strawn LLP on Monday for making up facts and otherwise misrepresenting the record in contract litigation over its client's app being removed from Apple's platform, then separately dismissed the case on the merits.
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March 16, 2026
Stellantis Escapes Vehicle Inventory 'Channel Stuffing' Suit
Automaker Stellantis and former executives beat a proposed securities class action accusing them of so-called channel-stuffing, after a New York federal judge found none of the suit's alleged misstatements were material, and the investors failed to plead the executives had a motive to defraud or knowingly committed the alleged wrongdoings.
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March 16, 2026
Paramount Head Countersues Over $150M 'Shakedown' Suit
Paramount President Jeff Shell fired back Monday at a $150 million lawsuit filed against him in California state court alleging he failed to pay for crisis communications services and revealed insider company information, filing counterclaims against the plaintiff he says is a professional gambler who "overplayed his hand" perpetrating a "shakedown."
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March 16, 2026
Edible Arrangements Wins Sanctions, Beats Ex-COO's Claims
A Georgia federal judge struck the answer filed by Edible Arrangements' former chief operating officer and his company as a sanction for bad faith discovery conduct, finding they hid key evidence about millions in vendor checks deposited into a personal account.
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March 16, 2026
6th Circ. Revives FedEx, Kellogg Mortality Table Suits
The Sixth Circuit on Monday revived suits against Kellogg and FedEx from retirees who alleged their former employers' outdated actuarial assumptions shortchanged their joint-and-survivor pension benefits, holding federal benefits law required employers to use reasonably up-to-date mortality tables when converting from a single-life annuity form.
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March 16, 2026
NC Judge Fast-Tracks Job Info Order For Joe Gibbs Racing
Joe Gibbs Racing LLC's former competition director has one week to turn over communications and documents about his hiring and onboarding at a rival NASCAR team after a North Carolina federal judge on Monday granted the super team's bid for expedited discovery in their ongoing trade secrets battle.
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March 16, 2026
Fox Wants Mexican Media Exec Detained Amid IP Fracas
Fox Corp. has asked a New York federal judge to detain a Mexican media executive for misusing the company's sports broadcast trademarks, arguing that the millions in monetary sanctions already ordered by the court are not an effective deterrent.
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March 16, 2026
Teamsters Push For Arbitration In Kraft Heinz Benefits Suit
A Teamsters local contended that a dispute with Kraft Heinz Co. over a healthcare benefits grievance must be arbitrated because it falls within the scope of the parties' collective bargaining agreement, the union told a Delaware federal judge.
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March 16, 2026
Del. Chancery Restores CEO In Survival Game Dispute
A Delaware Chancery Court judge has ordered the reinstatement of the chief executive of a video game studio acquired by South Korean gaming company Krafton Inc., finding Monday that the company breached a merger agreement when it fired the studio's leadership amid a dispute over a potential $250 million earnout tied to the release of Subnautica 2.
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March 16, 2026
Texas Justices Say Settlement Doesn't Block Indemnity
The Texas Supreme Court will allow an engineering company to seek indemnity from one of its subcontractors for an injury suit settlement, saying nothing in the law blocks it from pursuing a comparative indemnity clause in the contract.
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March 16, 2026
NC Seller Can't Duck $200M Apartment Complex Sale Suit
A North Carolina federal judge ruled that an apartment complex owner and affiliated entities can't avoid claims that they improperly held on to a potential buyer's deposit after environmental contamination thwarted a nearly $200 million deal to buy 10 properties.
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March 16, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court's docket last week featured disputes including an $83.75 million settlement tied to a renewable energy merger, fraud claims in a fertilizer company acquisition and a developer's fight for control of a major Philadelphia redevelopment project.
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March 16, 2026
Sen. Warren Probes Auto Lenders On Military Borrower Rates
The U.S. Senate Banking Committee's top Democrat pressed major auto lenders for underwriting information on military service members, noting they pay higher rates on average while statutory lending protections for service members exempt many auto loans.
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March 13, 2026
Adobe Inks $150M Deal In DOJ Suit Over App Subscriptions
Adobe Inc. will pay $75 million in civil penalties and offer customers $75 million in free services under a tentative deal to resolve the U.S. Department of Justice's lawsuit over the company's software subscription practices, including an early termination fee that prosecutors had described as "a bit like heroin" for the company.
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March 13, 2026
States To Head Live Nation Antitrust Trial After Feds Settle
Over two dozen states and the District of Columbia are forging ahead with monopolization claims against Live Nation in Manhattan federal court after the federal government unexpectedly agreed to settle with the live entertainment giant after a week of trial.
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March 13, 2026
Dorsey Defends Twitter Bot Count In Trial Over Musk Takeover
Ex-Twitter CEO Jack Dorsey stood by 2022 company statements that bots made up less than 5% of accounts on the platform during video depositions shown Friday in a California federal trial over investor claims that Elon Musk deliberately tanked the company's stock with misstatements about fake accounts to renegotiate the $44 billion deal.
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March 13, 2026
How The Iran War Has Snarled Global Oil & Gas Shipping
The Iran war has effectively closed a key global shipping lane for oil and gas, and the resulting logjam is causing major headaches for companies responsible for transporting oil and gas from the Middle East to global markets.
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March 13, 2026
Ga. Appeals Court Revises Alter Ego Rulings In $900K Case
A Georgia appeals court broke from prior rulings and held that state law recognizes the horizontal alter ego theory of liability between sibling companies, upholding a roughly $900,000 verdict against two related turf installation companies involved in a contract dispute with their supplier.
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March 13, 2026
6th Circ.: Mich. Island Can Regulate Ferry Fares, Not Parking
The Sixth Circuit has partly lifted a lower court order blocking a northern Michigan island from enforcing a new ferry ordinance, ruling the city can regulate ferry rates while the case proceeds but likely cannot control parking prices at mainland parking lots.
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March 13, 2026
PE Firm Seeks To Block Calif. Suit Over $17.5M Deal
A private equity investment firm has asked the Delaware Chancery Court to block two former sellers of behavioral health facilities from pursuing a parallel lawsuit in California, arguing that the claims violate contractual provisions requiring any related disputes to be litigated in Delaware.
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March 13, 2026
Texas Justices Overturn $26M Equinor Verdict
The Texas Supreme Court on Friday overturned a $26 million judgment against Equinor Energy LP, undoing a jury's finding that it violated an exclusivity clause in a contract to supply water for fracking.
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March 13, 2026
4th Circ. Genworth Ruling Raises Bar For ERISA Class Actions
A recent Fourth Circuit decision in a suit challenging Genworth Financial Inc.'s inclusion of target-date fund investments as employee retirement plan options will make it tougher to certify similar class actions and could have a ripple effect in a broader range of cases, experts told Law360.
Expert Analysis
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Opinion
AI-Assisted Arbitration Needs Safeguards To Ensure Fairness
As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.
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Logistics Update: What Immigrant Driver Rule Means For Cos.
The Federal Motor Carrier Safety Administration's new final rule restricting issuance of commerical driver's licenses for nondomiciled drivers will have immediate operational implications for motor carriers, but the broader effects will ripple through relationships between service providers and their sources of freight, including brokers and shippers, say attorneys at Benesch.
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Series
Playing Piano Makes Me A Better Lawyer
Playing piano and practicing law share many parallels relating to managing complexity: Just as hearing an entire musical passage in my head allows me to reliably deliver the message, thinking about the audience's impression helps me create a legal narrative that keeps the reader engaged, says Michael Shepherd at Fish & Richardson.
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AI-Generated Doc Ruling Guides Attys On Privilege Risks
A New York federal court's ruling, in U.S. v. Heppner, that documents created by a defendant using an artificial intelligence tool were not privileged, can serve as a guide to attorneys for retaining attorney-client or work-product privilege over client documents created with AI, say attorneys at Sher Tremonte.
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The Law Firm Merger Diaries: Leadership Strategy After Day 1
For law firm leaders, ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.
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How US Liability Law Is Becoming The Primary Regulator Of AI
Comprehensive federal AI regulation remains fragmented and uncertain — but U.S. courts, applying long-standing doctrines of liability and responsibility, are actively shaping how AI systems are designed, deployed and governed, and companies are aligning their AI practices because courts may hold them accountable if they do not, says Alexander Lima at Wesco International.
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How Blockchain Could Streamline Real Estate Transactions
As U.S. real estate markets face pressure to adopt digital frameworks, blockchain technology offers a credible solution for consolidating execution, payment and recording into a single record, with a unified ledger potentially replacing fragmented processes with digitally authenticated events, say attorneys at King & Spalding.
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Monetizing EV Charging Stations For Long-Term Success
An electric vehicle charging station's longevity hinges on monetizing operations through diverse revenue streams, contractual documentation of charge point operators' and site hosts' rights and responsibilities, and ensuring reliability and security of facilities, says Levi McAllister at Morgan Lewis.
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Mind The Gap: Crafting D&O Straddle Coverage For M&A
A recent Florida federal court decision highlights an often-overlooked risk for those negotiating directors and officers insurance coverage for mergers and acquisitions: the potential for so-called straddle claims, falling in the gap between tail and go-forward coverage, say attorneys at Reed Smith.
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Calif.'s Civility Push Shows Why Professionalism Is Vital
The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.
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Locations, Permits And Power Are Key In EV Charger Projects
To ensure the success of public electric vehicle charging infrastructure projects, developers, funders, site hosts and charge point operators must consider a range of factors, including location selection, distribution grid requirements and costs, and permitting and timeline impacts, says Levi McAllister at Morgan Lewis.
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Series
Trivia Competition Makes Me A Better Lawyer
Playing trivia taught me to quickly absorb information and recognize when I've learned what I'm expected to know, training me in the crucial skills needed to be a good attorney, and reminding me to be gracious in defeat, says Jonah Knobler at Patterson Belknap.
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Series
Law School's Missed Lessons: What Cross-Selling Truly Takes
Early-career attorneys may struggle to introduce clients to practitioners in other specialties, but cross-selling becomes easier once they know why it’s vital to their first years of practice, which mistakes to avoid and how to anticipate clients' needs, say attorneys at Moses & Singer.
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Series
Judges On AI: Practical Use Cases In Chambers
U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.
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Notable Q4 Updates In Insurance Class Actions
Last quarter featured a novel class action theory about car rental reimbursement coverage, another win for insurers in total loss valuations, a potentially broad-reaching Idaho Supreme Court ruling about illusory underinsured motorist coverage, and homeowners blaming rising premiums on the fossil fuel industry, says Kevin Zimmerman at BakerHostetler.