Commercial Contracts

  • March 05, 2026

    OpenAI Practices Law Without A License, Insurer Alleges

    OpenAI is practicing law without a license, according to an insurer's lawsuit filed in Illinois federal court that alleges artificial intelligence platform ChatGPT provided faulty legal advice to a woman seeking disability benefits that led to a breached settlement and a flurry of frivolous court filings.

  • March 05, 2026

    Meta Hid 'Alarming Reality' Of AI Glasses' Privacy, Suit Says

    Meta Platforms touts its artificial intelligence "smart" glasses as designed to protect users' privacy, but the tech company surreptitiously routes video captured by the wearable devices to contractors who view the footage to train Meta's AI models, according to a new proposed class action filed in California federal court.

  • March 05, 2026

    Signal 'Never' Regular Biz Practice, Amazon Tells FTC Judge

    Amazon.com Inc. assailed the Federal Trade Commission for accusing the company of using auto-deleting Signal chats and improper privilege claims to hide evidence of rules that created an artificial pricing floor across online retail stores, telling a Washington federal judge that it never hid anything.

  • March 05, 2026

    9th Circ. Denies Bail Pending Nurse Wage-Fixing Appeal

    A Ninth Circuit panel summarily refused to allow a Las Vegas home nursing executive to avoid prison while appealing the U.S. Department of Justice's first-ever criminal wage-fixing conviction.

  • March 05, 2026

    Nielsen Urges 2nd Circ. To Nix Data-Tying Order

    Ratings provider Nielsen has told the Second Circuit that a lower court injunction blocking it from conditioning access to its nationwide radio ratings data on the purchase of local market data intruded on its private price negotiations with radio giant Cumulus Media.

  • March 05, 2026

    Fed. Circ. Mulls Patents In Penile Implant Trade Secret Win

    A Federal Circuit panel on Thursday grilled both sides in a trade secret dispute over penile implants that resulted in an $18.3 million judgment against defendants, repeatedly questioning attorneys about whether existing patents doomed the trade secrets claimed by International Medical Devices and its founder, Dr. James Elist.

  • March 05, 2026

    Delta Evades OT Class Action Over Shift Swap Policy

    Delta Air Lines defeated Thursday a proposed class action in Georgia federal court that alleged the airline unlawfully withheld increased pay for overtime hours that resulted from workers swapping shifts with each other. 

  • March 05, 2026

    Energy Firms Ordered To Split Trade Secrets Case Settlement

    A Texas Business Court judge ordered two energy companies to split a settlement that resolved a trade secrets case relating to cost-cutting measures taken on a $639 million acquisition of Shell assets, finding both parties were entitled to the settlement funds.

  • March 05, 2026

    4th Circ. Allows Insurer To Seek Arbitration In Foam Case

    The Fourth Circuit on Wednesday overturned an order barring Illinois Union Insurance Co. from seeking to arbitrate in London a dispute within multidistrict litigation over alleged contamination from firefighting foam for failing to obtain consent from co-lead counsel.

  • March 05, 2026

    Copyright Suit Over TikTok Livestream Software Trimmed

    A California federal judge has dismissed some of a lawsuit alleging TikTok copied a company's livestreaming software to create a new feature on the app, trimming a breach of contract claim and a request for statutory damages.

  • March 05, 2026

    Fla. Court Allows Chubb's Salvage Claim On Stolen Planes

    Chubb European Group SE can move forward with a counterclaim against an aircraft leasing company that alleges the insurer can claim 23 Boeing and Airbus aircraft stolen by Russia at the start of the Ukraine war as salvaged, a Florida state court ruled.

  • March 05, 2026

    Insurer Seeks Win In $6.3M Coverage Row With Pot Tester

    James River Insurance Co. is asking a Mississippi federal court to grant it a win in its suit to deny coverage of a $6.3 million default judgment against a cannabis testing company, saying the company breached its policy by not cooperating with the insurer.

  • March 05, 2026

    3rd Circ. Says Macy's Clear To Arbitrate Worker's Bias Suit

    The Third Circuit ruled that a white ex-Macy's store manager fired after a shoplifting incident can't pursue his race and sexual orientation discrimination case in court, homing in on a document the department store chain mailed to his home that clearly said disputes would be handled through arbitration.

  • March 04, 2026

    Musk Tells Jury 'Biased' Judge Forced His Twitter Buy

    Elon Musk testified Wednesday in a California federal trial over Twitter investors' claims that the billionaire tanked the company's stock to get a better deal and said he paid the full $44 billion offer price because the Delaware Chancery judge overseeing litigation over the sale was "extremely biased" against him.

  • March 04, 2026

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    If this month's circuit calendars were a March Madness bracket, we'd struggle to pick the top-seeded showdown. Big Pharma against the False Claims Act, or big business against President Donald Trump's visa fees? A big bank's view of "human life wagers," or en banc review in a State Farm class action?

  • March 04, 2026

    50 Cent's Liquor Boss Gets 2nd Delay Of Fraud Sentencing

    A former executive at rapper Curtis "50 Cent" Jackson's liquor brand got his fraud sentence delayed for a second time when a New Jersey federal judge questioned Wednesday whether the executive's hypothetical cooperation with the government could get fair consideration under his plea deal.

  • March 04, 2026

    Anadarko Gets 5th Circ. To Bless Coverage Win, Not Damages

    The Fifth Circuit agreed with Anadarko Petroleum Corp. that it can compel a contractor to pay for its legal defense in a fraud suit, but said Wednesday the lower court went too far in finding the contractor owed a duty to pay for certain damages categories.

  • March 04, 2026

    Chance The Rapper Stiffed Ex-Manager, Ill. Jury Hears

    Chance the Rapper's former manager went "all in" on helping the Chicago-based independent artist find worldwide success based on a handshake agreement the rapper ultimately abandoned after his debut studio album performed worse than expected, an Illinois state jury heard Wednesday.

  • March 04, 2026

    Volkswagen Sued Over Direct-To-Consumer Scout EV Offers

    Volkswagen offering to sell new electric Scout vehicles directly to customers is a "blatant" breach of its legal and contractual obligations to dealerships, two dealerships alleged in a putative class action filed in Virginia federal court that claims Volkswagen has already made at least $15 million from online reservation deposits on Scout's website.

  • March 04, 2026

    Colo. Court Weighs Nursing Facility $6.7M Indemnity Ruling

    A Colorado Court of Appeals panel grappled Wednesday with management service providers' bid for the court to uphold a more than $6.7 million indemnification against the skilled nursing facility operator they contracted with, asking counsel how conspiracy and state fraud claims are separable.

  • March 04, 2026

    Hayden AI Hits Co-Founder With Fraud, Trade Secret Claims

    Artificial intelligence startup Hayden AI has sued one of its co-founders, alleging that after it fired him for forging board signatures and improperly charging personal expenses, he took large amounts of trade secret data to start a competing company.

  • March 04, 2026

    Care Management Co. Accused Of Swiping Software Platform

    The developer of software used in the Medicare treatment arena has sued a customer care management company in Delaware Chancery Court, accusing it of wrongfully using the platform to create a competing application.

  • March 04, 2026

    Justices Mull Cracks In Freight Broker Liability Shield

    The U.S. Supreme Court appeared unsure Wednesday whether a federal law economically deregulating the commercial trucking industry also extends to shielding freight brokers from state-law liability for highway crashes that have killed or injured people.

  • March 04, 2026

    Google Agrees To More Android Changes In Deal With Epic

    Google and Epic Games offered a California federal court a new proposal Wednesday to modify an injunction issued in a monopolization case over the distribution apps on Android devices, while also reaching a broader agreement on global changes to the mobile operating system.

  • March 04, 2026

    Ex-NFL Player Challenges Adviser's Late Payment Demand

    Retired NFL player Mike Rucker and his wife on Wednesday urged North Carolina's business court not to let their former financial adviser countersue them for nonpayment, arguing he can't decide after 20 years that he deserves compensation when that was never the agreement.

Expert Analysis

  • IP Ownership Risk Grows In Booming Cancer Drug Market

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    The ownership of intellectual property has become strategically decisive in deals involving valuable cancer therapeutics known as ADCs, as highlighted by the recent Takeda-Innovent deal, with the commercial value of a license resting on the integrity and defensibility of the underlying technology, say attorneys at Loeb & Loeb.

  • Series

    My Miniature Livestock Farm Makes Me A Better Lawyer

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    Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.

  • Litigation Funding Could Create Ethics Issues For Attorneys

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    A litigation investor’s recent complaint claiming a New York mass torts lawyer effectively ran a Ponzi scheme illustrates how litigation funding arrangements can subject attorneys to legal ethics dilemmas and potential liability, so engagement letters must have very clear terms, says Matthew Feinberg at Goldberg Segalla.

  • Power Market Reforms Push Data Center Lease Rates Higher

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    Rising demand, constrained supply and ongoing reforms, amid a rush for reliable, near-term computing capacity, are putting pressure on data center leasing renewal rates in large markets such as the Electric Reliability Council of Texas and PJM Interconnection Inc., say attorneys at Weil.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings and identifies practice tips from cases involving claims related to oil and gas royalty payments, consumer fraud, life insurance, automobile insurance, and securities violations.

  • E-Discovery Quarterly: Recent Rulings On Dynamic Databases

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    Several recent federal court decisions illustrate how parties continue to grapple with the discovery of data in dynamic databases, so counsel involved in these disputes must consider how structured data should be produced consistent with the requirements of the Federal Rules of Civil Procedure, say attorneys at Sidley.

  • Series

    Building With Lego Makes Me A Better Lawyer

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    Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.

  • Series

    Law School's Missed Lessons: Networking 101

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    Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.

  • Defeating Estoppel-Based Claims In Legal Malpractice Actions

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    State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.

  • Series

    The Biz Court Digest: How It Works In Massachusetts

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    Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.

  • Why Appellees Should Write Their Answering Brief First

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    Though counterintuitive, appellees should consider writing their answering briefs before they’ve ever seen their opponent’s opening brief, as this practice confers numerous benefits related to argument structure, time pressures and workflow, says Joshua Sohn at the U.S. Department of Justice.

  • Notable Q3 Updates In Insurance Class Actions

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    The third quarter of 2025 was another eventful quarter for total loss valuation class actions, with a new circuit split developing courtesy of the Sixth Circuit, while insurers continued to see negative results in cost-of-insurance class actions, says Kevin Zimmerman at BakerHostetler.

  • Series

    Mindfulness Meditation Makes Me A Better Lawyer

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    Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.

  • How Calif. High Court Is Rethinking Forum Selection Clauses

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    Two recent cases before the California Supreme Court show that the state is shifting toward greater enforcement of freely negotiated forum selection clauses between sophisticated parties, so litigators need to revisit old assumptions about the breadth of California's public policy exception, says Josh Patashnik at Perkins Coie.

  • AI Litigation Tools Can Enhance Case Assessment, Strategy

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    Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.

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