Commercial Contracts

  • January 23, 2026

    High Court Unlikely To Walk Back MLB's Antitrust Privilege

    Baseball's status as the lone sport exempt from federal antitrust laws is likely to evade U.S. Supreme Court scrutiny, with legal experts saying that only an extraordinary challenge could make justices even consider it.

  • January 23, 2026

    Providers Oppose Credit Bureaus' Medical Debt Appeal

    A proposed class of medical providers and collection agencies accusing Equifax, Experian and TransUnion of colluding to exclude medical debt under $500 from consumer credit reports is opposing a bid by the credit bureaus to expedite an appeal of a ruling that denied dismissal of the claims.

  • January 23, 2026

    DC Circ. Backs FERC In Oil Pipeline Pricing Dispute

    The D.C. Circuit on Friday denied a petition challenging the method used by the Federal Energy Regulatory Commission to determine the value of oil flowing through an Alaskan pipeline, finding the agency correctly considered inflation and other factors.

  • January 23, 2026

    10th Circ. Asked To Overturn Mail Scam Fraud Convictions

    Two former Epsilon Data Management LLC employees convicted for their roles in selling data to mail scammers who preyed on the elderly and vulnerable asked the Tenth Circuit to overturn their convictions Friday, while the panel questioned the government's conspiracy case against Epsilon's former business manager.

  • January 23, 2026

    DC Circ. Bars Nazi Art Claims Over Sovereign Immunity

    The D.C. Circuit on Friday reluctantly ended a 16-year-old lawsuit brought by the descendants of a Hungarian Jewish art collector seeking the return of a priceless art collection looted by the Nazis, saying they could not show that the artwork had been expropriated.

  • January 23, 2026

    Vik's Daughter Drops Bid To Stave Off Deutsche Bank Suit

    The daughter of billionaire Alexander Vik has pulled a federal lawsuit against Deutsche Bank after a state court ordered a pause on litigation in Norway, but left open the possibility that she could refile her request for an anti-suit injunction barring the German multinational bank from suing her.

  • January 23, 2026

    3rd Circ. Preview: Citizens Bank, Quest Fight Appeals In Jan.

    The Third Circuit's January lineup will find Citizens Bank and Quest Diagnostics attempting to fight off bids from former employees to revive suits over their compensation.

  • January 23, 2026

    RE Investor Wants $3.1M Set Aside Amid Conn. Payment Suit

    A real estate investor urged a Connecticut state court to order a developer and other parties to set aside $3.1 million in case the investor wins its suit, which involves return-on-investment payments for a $2.5 million investment into a Shelton, Connecticut, commercial real estate project.

  • January 23, 2026

    As Duke Sues Its Own QB, NIL Tensions Come To A Head

    Duke University's gambit to stop its star quarterback from transferring to another school signals the latest friction point in college sports, providing an opportunity for courts to tackle the still-evolving concept of direct payment deals between athletes and their schools regarding name, image and likeness.

  • January 23, 2026

    Colo. City Worked 'In Secret' To Kill Airport Lease, Court Told

    A tenant operating a hangar at a Pueblo, Colorado, airport claimed in federal court that the airport's municipal owner is threatening to cancel a long-term lease after stonewalling its attempts to fix defects turned up in a short-notice inspection held on a federal holiday.

  • January 23, 2026

    Vegan Protein Co. Claims Bad-Faith Dilution By Partner

    A vegan protein company has asked the Delaware Chancery Court to block what it describes as a deeply unfair capital call that would dramatically dilute its ownership stake in a mineral-processing venture, accusing its majority partner of engineering a squeeze-out through bad-faith governance and below-market pricing.

  • January 23, 2026

    X Can't Access OpenAI Source Code In Antitrust Suit

    A Texas federal court will not force OpenAI Inc. to hand over its source code in an antitrust case from Elon Musk's X Corp. over the artificial intelligence company's deal to integrate ChatGPT on Apple devices.

  • January 23, 2026

    Suit Accusing FTM Wealth Of Tax Scam Faces Jurisdiction Test

    A precious metals partnership notified a Colorado federal judge of plans to move its lawsuit against FTM Wealth to state court after learning from FTM member Nathaniel Ott's lawyer that he is a Colorado citizen in a case over an alleged tax scam that the plaintiffs say cost them $12 million.

  • January 23, 2026

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

    This past week in London saw Travelers Insurance hit with a claim from a property buyer over a payout tied to collapsed law firm Axiom Ince, Swedish music group Pophouse Entertainment clash with the production company that helped it create the ABBA Voyage experience, and biotech company Vertex Pharmaceuticals sue rival entity ToolGen for patent infringement.

  • January 22, 2026

    TikTok Seals Joint Venture Deal For US Operations

    TikTok's Beijing-based owner, ByteDance, has sold a majority stake in the video app's U.S. operations to a new U.S.-based joint venture managed by a group of non-Chinese investors in order to comply with a congressional mandate and avoid the app's shutdown, the company announced Thursday.

  • January 22, 2026

    Mango Labs' 'Buyer's Remorse' Can't Undo SEC Settlement

    Crypto project Mango Labs can't cancel the terms of a nearly $700,000 settlement with the U.S. Securities and Exchange Commission just because the agency has pivoted away from crypto enforcement cases and left the project with "buyer's remorse," a Manhattan federal judge ruled.

  • January 22, 2026

    6th Circ. Revives Law Firm Worker's Anthem Coverage Fight

    Anthem Blue Cross Blue Shield's decision denying coverage for a law firm employee's son to continue receiving residential mental health treatment was arbitrary and capricious, the Sixth Circuit ruled Thursday, saying the insurer needs to carry out a "full and fair review of the requested coverage."

  • January 22, 2026

    Google, Epic Fight Uphill To Tweak App Antitrust Injunction

    A California federal judge indicated Thursday that he's unlikely to grant Epic and Google's request to modify a permanent injunction issued after a jury found Google monopolized the distribution of apps on Android devices, saying they have to show changed circumstances, and "I haven't seen anything change, other than a deal" between the companies.

  • January 22, 2026

    Debt Collector Takes Computer Fraud Ruling To High Court

    A debt collection agency asked the U.S. Supreme Court on Thursday to pause a Third Circuit decision that found an ex-employee's sharing of a password spreadsheet didn't make for a case under the Computer Fraud and Abuse Act, saying the appeals court improperly narrowed the scope of the statute.

  • January 22, 2026

    Panel Pushes Ex-Texans CEO's Son On Probate Jurisdiction

    A Texas appeals court on Thursday pushed the son of deceased billionaire and Houston Texans founder Robert McNair to explain why a probate court has no jurisdiction over claims that he surreptitiously placed poison pill agreements into the companies he ran.

  • January 22, 2026

    Life Insurer Calls NASCAR Driver's $8.5M Suit 'Inflammatory'

    NASCAR driver Kyle Busch and his wife failed to pay the premiums on hefty life insurance policies and let them lapse rather than hold on to them long enough for their value to grow, Pacific Life Insurance Co. argued Thursday in seeking an early exit from the couple's suit claiming the policies were a sham.

  • January 22, 2026

    Walmart Broke Grocery Noncompete Promise, Court Told

    The owner of a suburban Pittsburgh grocery store told a Pennsylvania federal judge Thursday that a neighboring Walmart is in violation of a nearly 30-year-old deal not to compete for food sales, blaming a recent remodel for a drop in the grocer's sales.

  • January 22, 2026

    3rd Circ. Says Medical Pot Contract May Violate Federal Law

    The Third Circuit on Thursday vacated a medical cannabis company's win in a lawsuit filed by a consultant claiming that it had stolen his trade secrets for growing marijuana samples, finding it couldn't decide the appeal because the parties' contract might have violated federal drug law.

  • January 22, 2026

    FTC Cites 'Serious Concerns' With Epic-Google Play Deal

    A settlement resolving Epic Games' antitrust lawsuit against Google that would replace the injunction Epic won against Google's Play Store controls has drawn pushback from the Federal Trade Commission, which is urging strict scrutiny of the agreement currently under the eye of an already skeptical California federal judge.

  • January 22, 2026

    Ga. Financial Firm CEO Cops To $380M Ponzi Scheme

    The CEO of an Atlanta-area financial advisory group has pled guilty to conducting a $380 million Ponzi scheme, which is likely the largest in Georgia history, according to prosecutors.

Expert Analysis

  • Business Court Bill Furthers Texas' Pro-Corporate Strategy

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    The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.

  • Lively-Baldoni Saga Highlights Insurance Coverage Gaps

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    The ongoing legal dispute involving "It Ends With Us" co-stars Justin Baldoni and Blake Lively raises coverage questions across various insurance lines, showing that effective coordination between policies and a clear understanding of potential gaps are essential to minimizing unexpected exposures, says Katie Pope at Liberty Co.

  • Series

    Law School's Missed Lessons: Navigating Client Trauma

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    Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.

  • Opinion

    4 Former Justices Would Likely Frown On Litigation Funding

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    As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • State Law Challenges In Enforcing Arbitration Clauses

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    In recent cases, state courts in Pennsylvania, Massachusetts and New Jersey have considered or endorsed heightened standards for arbitration agreements, which can mean the difference between a bilateral arbitration and a full-blown class action in court, says Fabien Thayamballi at Shapiro Arato.

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • Texas' Cactus Ruling Clarifies 'Produced Water' Rules

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    The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • A Look At Trump Admin's Shifting Strategies To Curtail CFPB

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    The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Google Damages Ruling Offers Lessons For Testifying Experts

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    The Federal Circuit's recent decision in EcoFactor v. Google represents a shift in how courts evaluate expert testimony in patent cases, offering a practical guide for how litigators and testifying experts can refine their work, says Adam Rhoten at Secretariat.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

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