Commercial Contracts

  • 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.

  • January 20, 2026

    Sandisk Inks Deal To License Memory Patents

    Computer technology company Sandisk has been granted a license to a portfolio of patents owned by a flash memory technology company, a move that came just after the parties agreed to end a patent dispute in California federal court.

  • January 20, 2026

    Broker-Dealer, Mutual Firm Fight Trimmed By Judge

    A Washington federal judge has dismissed claims by financial services company Leader Capital Corp., accusing a broker-dealer and a marketing services company of making misleading representations to investors about Leader Capital's compliance with securities laws, but allowed a counterclaim by the broker-dealer to proceed.

  • January 20, 2026

    North Carolina AG Wins Bid To End MV Realty's 40-Year Deals

    Florida real estate company MV Realty defied state consumer protection statutes in North Carolina by tricking homeowners into signing decades-long listing agreements in exchange for small cash advances, a state Business Court judge said in handing the attorney general a major pretrial victory.

  • January 20, 2026

    2nd Circ. Says US Not Venue For Kazakhstani Gov't Dispute

    A Second Circuit panel refused to revive a Kazakhstani businessman's suit against his business partners and the country's National Security Committee over an alleged scheme that made him take the fall for misappropriated funds used for bribes, determining the suit didn't belong in the U.S.

  • January 20, 2026

    McCarter & English Knocks Down Biotech Malpractice Appeal

    A New Jersey appellate court on Tuesday upheld the dismissal of a biotech company's malpractice and related claims against McCarter & English LLP, finding the biotech company was required to bring those allegations during the firm's earlier suit to recover more than $837,000 in unpaid legal fees.

  • January 20, 2026

    Proposed Class Action Targets Fanatics' Wager Limit Rules

    A betting platform breaking multiple state laws to raise a user's self-imposed deposit limit is a clear enough violation for the user to be granted a quick lawsuit victory, a Michigan federal judge has been told.

  • January 20, 2026

    NJ Sues Nursing Home Owners Over Missing Medicaid Funds

    The New Jersey Office of the State Comptroller has demanded the owners of two Garden State nursing homes repay millions in Medicaid funds the office recently found they diverted to themselves while neglecting their facilities' residents, according to a complaint filed Monday.

  • January 20, 2026

    AI Firm Countersues Legal Publisher For Breach Of Contract

    Artificial intelligence startup Alexi Technologies has accused Fastcase Inc. and its owner of weaponizing the legal system after the legal research firm filed a lawsuit in November claiming the AI company breached a former business relationship.

  • January 20, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court wrapped up last week with a mix of deal litigation, governance fights and disclosure battles, including a proposed settlement over a contested medical device sale, a merits dismissal tied to a $2 billion biotech exit and dueling lawsuits over Paramount Skydance's pursuit of Warner Bros. Discovery.

  • January 20, 2026

    Wash. Man Not Covered In Grocery Store Shooting Suit

    A home insurer has no duty to defend or indemnify a Washington man who was convicted in a grocery store shooting in a related civil suit, a federal court ruled, saying the policy does not cover intentional acts.

  • January 16, 2026

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2025, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.

  • 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.

Expert Analysis

  • As Tariffs Hit The Radar, PE Counsel Should Review Strategies

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    As tariffs compound existing challenges in the private equity sector, counsel should consider existing headwinds such as interest rates and industry-specific impacts like supply chains and pricing power, which may help mitigate risks and capture opportunity, says Nathan Viehl at Thompson Coburn.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • Mass. Suit Points To New Scrutiny For Home Equity Contracts

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    The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

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    A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

  • Hints Of Where Enforcement May Grow Under New CFPB

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    Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the CFPB seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.

  • Assessing Jurisdictional Issues In 2nd Circ. Bank Audi Case

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    The Second Circuit's reasoning last month in Raad v. Bank Audi that the exercise of personal jurisdiction must be based on conduct taking place within the jurisdiction reminds foreign financial institutions to continually monitor how plaintiffs are advocating for an expansive view of personal jurisdiction in the U.S., say attorneys at Freshfields.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • Mitigating Import Risks Around Southeast Asian Solar Cells

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    The U.S. Department of Commerce's recent final determinations in its antidumping and countervailing duty investigations into solar cells produced in certain Southeast Asian countries make it important for U.S. purchasers to consider risk mitigation strategies, including modifying supply chains and contractually assigning import responsibilities, say attorneys at Morgan Lewis.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Tracking The Evolution Of Liability Management Exercises

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    As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.

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