Commercial Contracts

  • July 13, 2026

    Court Economist Says Epic-Google Deal Isn't Evidence-Based

    U.S. District Judge James Donato has already told Epic and Google that he's "not going to keep" going back and forth with them about changes they want to an injunction he has to issue following Epic's antitrust trial win against Google, and now a court-appointed expert has informed him she has issues with the proposed changes as well.

  • July 13, 2026

    IBM Gets Win On Mainframe Patent Infringement Claims

    A Swiss company infringed IBM patents covering its mainframe software, a Western District of Texas judge found Monday, although he declined for now to give the tech giant a win on the trade secrets component of its case.

  • July 13, 2026

    WebAI Says Ex-Engineers Recast Firing As Fraud Claims

    WebAI Inc. has told a North Carolina federal court that a complaint by former engineers alleging an executive's conduct jeopardized huge deals is merely an attempt by disgruntled employees to conjure a multicount lawsuit from a lawful employment separation.

  • July 13, 2026

    Michigan Jury Rejects Truck Buyers' Claims Against Navistar

    After more than eight hours of deliberation, a Michigan federal jury announced a verdict Monday in favor of truck manufacturer Navistar, which was defending itself against claims by two trucking companies over delayed delivery of trucks, finding the evidence did not show Navistar committed fraud or breach of contract.

  • July 13, 2026

    Staffing Co. Fights Coverage Denial For Labor Violation Row

    A staffing company accused of failing to provide laborers with required employment notices and assignment-related disclosures in violation of Illinois law said it is entitled to a defense under its commercial lines policies, telling a federal court that its insurer wrongfully refused coverage for the proposed class action.

  • July 13, 2026

    Under Armour Beats Most Claims In Ex-Supplier's Suit

    Athletic apparel company Under Armour dodged claims that its marketing of bioceramic powder products as FDA-approved cost its former business partner money, with a Pennsylvania federal judge ruling Monday that there was no obvious link between the statements and the plaintiffs' losses.

  • July 13, 2026

    2nd Circ. Upholds Cumulus' Data-Tying Order Against Nielsen

    Nielsen cannot condition media company Cumulus' access to national radio ratings data on buying its local offerings, under a Second Circuit panel decision Monday upholding, and unpausing, a district court preliminary injunction, concluding that a 10-fold price increase for the standalone product likely amounted to anticompetitive coercion.

  • July 13, 2026

    SEC Says Crypto Service Agreement Is Investment Contract

    The U.S. Securities and Exchange Commission has asked a Texas federal judge to find that service agreements offered by two crypto mining fraudsters count as investment contracts, and thus securities, saying the court should grant judgment as a matter of law.

  • July 13, 2026

    Toyota Should Be Freed From IP Suit, Judge Says

    A Texas federal judge has recommended allowing Toyota to avoid allegations it infringed a half dozen vehicle infotainment patents, saying the automaker already has a license to the intellectual property.

  • July 13, 2026

    Hyundai Urges Arbitration Of Emergency Braking Claims

    Hyundai has urged a California federal judge to send a proposed class action over its allegedly faulty automatic emergency braking system into arbitration, arguing that the drivers accepted an arbitration provision when they agreed to the terms and conditions of its Bluelink services to obtain optional integrated connectivity features. 

  • July 13, 2026

    Software Co.'s Lack Of 'Diligence' Dooms Late TM Suit Update

    A North Carolina federal judge has faulted a software company's "lack of diligence" in submitting proper paperwork to the U.S. Patent and Trademark Office and notifying the court its trademark was canceled as the judge denied the company's request to amend its lawsuit against a European rival.

  • July 13, 2026

    Solar Co. Loses Challenge To Validity Of Conn. Panel Seats

    A Connecticut state court judge has turned away a solar developer's argument that three commissioners were sitting illegally on the Public Utilities Regulatory Authority when they ruled in favor of an Avangrid Inc. unit as part of a dispute over a power purchase agreement.

  • July 13, 2026

    Ex-Viking Plastics CEO Seeks Advancement In Del. Chancery

    Former Viking Plastics CEO Kelly Goodsel has asked the Delaware Chancery Court to order VPI Acquisition LLC to advance his legal fees in litigation accusing him of fraud during the company's $40 million sale, arguing the purchase agreement mandates this because the claims stem directly from his service as chief executive.

  • July 13, 2026

    7th Circ. Revives Teva Suit Over Eli Lilly Generic Drug Block

    The Seventh Circuit on Monday revived a breach-of-contract lawsuit against Eli Lilly, ruling that an earlier legal settlement under which Eli Lilly agreed not to block the approval and marketing of Teva Pharmaceuticals' generic version of its osteoporosis drug Forteo didn't necessarily expire when the underlying patents did.

  • July 13, 2026

    Gaming Co. Settles Usurious Loan Suit Against BHG Financial

    A couple who sought financing from nationwide lender BHG Financial LLC to open an esports gaming café has settled a lawsuit alleging the loan agreement was usurious and contained "unconscionable terms," according to an order in North Carolina federal court.

  • July 13, 2026

    NC Co.'s $9.8M Indemnity Payment Not Covered, Insurers Say

    A building products manufacturer is not entitled to coverage after reimbursing its financial adviser $9.8 million for defense and settlement costs incurred in litigation over a take-private transaction, the company's excess directors and officers insurers told a North Carolina federal court.

  • July 13, 2026

    Equipment Co. Sues Pa. Railroad Over Abrupt Access Block

    A Pittsburgh industrial equipment company says a short-line railroad adjacent to its property has suddenly stopped a decades-long practice of allowing it to use an access road alongside the tracks, closing off access to the company's loading docks, according to a lawsuit filed in Pennsylvania state court.

  • July 13, 2026

    Cannabis Co. Says Mich. City Forced Illegal License Waiver

    A marijuana dispensary in Michigan's Upper Peninsula told a federal court that a Michigan municipality changed cannabis licensing rules midway through the process and committed fraud and breach of contract.

  • July 13, 2026

    DHS Revives Plan For NJ Immigrant Detention Center

    The U.S. government told a federal judge that it's actually still considering plans to turn a New Jersey warehouse into an immigrant detention center, a week after it reported it no longer intended to pursue the challenged project.

  • July 13, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week handled disputes involving corporate control, post-closing competition, executive departures, arbitration awards and shareholder litigation.

  • July 10, 2026

    WhatsApp Users Must Arbitrate Claims Over Private Messages

    A California federal judge has ordered WhatsApp users suing the messaging platform in a proposed class action over alleged privacy violations to arbitration, rejecting their argument that the underlying arbitration agreements improperly short-circuit certain of state law claims.

  • July 10, 2026

    Toyota Industries' $436M Forklift Emissions Deal Gets Signoff

    A California federal court on Friday officially signed off on Toyota Industries Corp.'s approximately $436 million settlement to resolve a proposed class action alleging that it and other entities misled customers about the true emissions levels of Toyota forklift engines.

  • July 10, 2026

    Google Accused Of Plundering Car Photos To Train AI Ad Tool

    Google harvested thousands of copyrighted images of vehicles to train its artificial intelligence image generator and to integrate the tool into its ad business, where it reaps a "substantial amount of revenue," according to a lawsuit filed by automotive photography company Evox Productions in California federal court.

  • July 10, 2026

    Del. Justices Nix $16M Fee Award In SpaceX Investment Fight

    The Delaware Supreme Court on Friday erased a $16 million fee award stemming from a dispute over a fund manager's handling of a failed $50 million SpaceX investment, concluding that although the fund manager committed a limited breach of a "duty of candor," shifting all litigation expenses to him was unwarranted.

  • July 10, 2026

    McCarter & English Doesn't Owe Insurers $21.3M, Judge Told

    Two Phoenix insurers are demanding an unreasonably high damages award on contract and malpractice claims against McCarter & English LLP and a onetime partner for alleged failings amid commercial loan transactions, a defense finance expert told a Connecticut court, calling the multimillion-dollar figure "speculative."

Expert Analysis

  • Steps To Maintain War Insurance Amid Middle East Conflict

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    To ensure they are adequately protected from war-related risk, companies affected by the escalating conflict in the Persian Gulf should consider how their war insurance coverage interacts with financing structures, lease obligations and commercial risk allocation, say attorneys at Morgan Lewis.

  • Resolving The Conflict In 2nd Circ. Foreign Discovery Rulings

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    The Second Circuit recently issued two seemingly inconsistent decisions regarding the federal statute that permits U.S. discovery for purposes of a foreign proceeding, but the unifying feature appears to be the broad scope for district court discretion under Section 1782, say attorneys at Katsky Korins.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • Opinion

    Time To Fix The Accountability Gap In Freight Logistics

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    In Montgomery v. Caribe Transport, the U.S. Supreme Court must resolve an urgent question: whether freight broker selection in trucking accidents is categorically protected — meaning unreasonable safety decisions are insulated from liability — or subject to accountability under traditional negligence principles, says Amanda Demanda at Amanda Demanda Injury Lawyers.

  • Senior Housing Demands A Distinct Dealmaking Playbook

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    An aging population and evolving state regulations underscore a critical reality that senior housing assets can undergo operational or compliance shifts during dealmaking, highlighting the need for unique contractual safeguards like expanded disclosures, anchored notice obligations, and targeted closing conditions and remedies, say attorneys at Goodwin.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Apple Verdict May Inform Jury Instruction In Patent Suits

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    A Texas federal jury's recent verdict in Optis v. Apple provides an important example of how juries must be instructed when Step 2 of the Alice framework is submitted to them, with important implications for both litigators and courts in patent cases, says Joshua Reisberg at Blank Rome.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q1

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    As usual, California remained a hub for financial services activity in the first quarter of 2026, with key developments including the California Department of Financial Protection and Innovation's eye on consumer issues, a bill targeting "pig butchering" schemes, and jam-packed courts, say attorneys at Joseph Cohen.

  • Justices May Hesitate To Limit Courts' Arbitration Review

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    Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • Proactive Risk Allocation Reduces Infrastructure Disputes

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    Recent wrangling between federal and state officials over the Gateway Program illustrates how quickly funding and project governance disputes can disrupt significant public infrastructure initiatives — and highlights that the way risks are contractually allocated can determine whether disagreements are resolved efficiently or lead to costly delays, says Thibaut Giret at Alstef Group.

  • Series

    Pa. Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.

  • In First For DOJ, Action Signals New CFIUS Enforcement Era

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    The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • Del. Blackbaud Ruling Signals A New Era For Cyberinsurance

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    The recent Delaware Supreme Court ruling in Travelers v. Blackbaud shows that cyberinsurance is moving into a second maturity phase, in which insurers will increasingly attempt to recover their payments from vendors and insureds will face new pressure to justify cyber incident reimbursements, say Steven Teppler at Mandelbaum Barrett and Jade Davis at Shumaker.

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