Commercial Contracts

  • August 27, 2026

    5th Circ. Backs FDA, Pharma Cos. In GLP-1 Shortage Fight

    The U.S. Food and Drug Administration did not unlawfully remove blockbuster GLP-1 medications made by Eli Lilly & Co. and Novo Nordisk from the national drug shortage list, the Fifth Circuit ruled Thursday, handing a loss to compounding pharmacies that produce copycat doses of the drugs.

  • August 27, 2026

    Krispy Kreme Must Face Claims Over McDonald's Rollout

    A North Carolina federal judge has denied part of Krispy Kreme's motion to dismiss a securities class action alleging it overhyped its partnership with McDonald's, allowing several claims to proceed that were made after the company may have known the collaboration would not be as successful as previously stated.

  • August 27, 2026

    Bank Says Late Notice Fumbled Data Breach Insurance Claim

    An insurance services company caused a Milford, Connecticut, bank to lose insurance coverage for a data breach that affected nearly 12,000 of its customers by failing to timely report it, the bank says in a Wednesday complaint in Connecticut federal court.

  • August 27, 2026

    Health Co. Gets Partial Win In Suit Over $8.5M Food Tech Deal

    A Florida federal judge handed a partial win to a health information technologies services company and its board Thursday, tossing some claims that they cheated a Canadian business out of $8.5 million in equity after fraudulently inducing the sale of a subsidiary specializing in plant-based extrusion technology.

  • August 27, 2026

    Ex-USI Manager Denies Enticing Clients To Rival Brokerage

    A former employee of the insurance brokerage giant USI told a Connecticut federal judge that the restrictive covenants he entered are unenforceable and he cannot be held liable for allegedly violating them when clients followed him to a rival firm.

  • August 27, 2026

    Sod Co. Seeks Sanctions Over Missing Trade Secrets Files

    A Colorado sod company asked a federal judge for sanctions in its trade secrets suit against former workers and competing businesses, arguing they failed to preserve electronic files that could show whether they possessed, transferred or used the company's confidential information.

  • August 27, 2026

    Mich. Hospitals Defend CVS 340B Drug Savings Suit

    University of Michigan Hospitals and Health Centers urged a Michigan federal judge Wednesday to preserve its suit claiming that CVS Health Corp. diverted millions of dollars earmarked for indigent healthcare to itself, saying the conduct clearly amounts to a racketeering scheme.

  • August 27, 2026

    UEFA Eyes Criminal Case Over Abandoned World Cup Sale

    European soccer's governing body is asking a Florida federal court for access to documents that may build its criminal case against FIFA's now-abandoned plans to sell off the commercial rights to the World Cup tournament.

  • August 27, 2026

    Boeing Says Bid To Depose Ex-Exec In 737 Suit Is Off Base

    The Boeing Co. is urging a Washington federal judge to toss a motion by Norwegian Air subsidiaries to depose a former senior executive in a suit over their purchase of 737 Max airplanes, saying it has no control over him, and he wouldn't have unique information relevant to the case anyway.

  • August 27, 2026

    Meta Staves Off 3D Artist's AI Training Suit, For Now

    A California federal judge has dismissed a Los Angeles-based 3D artist's proposed class action alleging Meta Platforms Inc. removed copyright management information from art that was used to train artificial intelligence, but gave the artist a chance to cure the suit's issues.

  • August 27, 2026

    Colo. Hospital Can't Split Discovery In Retirement Funds Suit

    A Colorado federal judge rejected a faith-based nonprofit hospital's bid for the court to bifurcate discovery in a lawsuit brought by former employees accusing the health system of mismanaging their retirement funds, finding the requested action "would hinder judicial economy."

  • August 27, 2026

    Insurer Looks To Bifurcate $50M COVID Coverage Trial In NC

    An insurer urged a North Carolina federal court to bifurcate an upcoming trial on claims that it improperly denied $50 million in coverage for an auto parts manufacturer's COVID-19 pandemic-related losses, arguing a jury may resolve the case entirely by looking at coverage issues first.

  • August 27, 2026

    11th Circ. Holds Real Estate Financier Liable For $56M Loan

    The Eleventh Circuit has found that a Florida real estate financier triggered default on a $56.3 million loan for three Houston, Austin and Dallas-area properties in Texas by filing for bankruptcy protection after assigning one property's management to a new entity, in a ruling favoring hotel lender Access Point Financial.

  • August 27, 2026

    Bradley Arant Launches Retail, Consumer Brands Practice

    Bradley Arant Boult Cummings LLP has launched a retail, digital commerce and consumer brands practice to help clients protect their brands and preserve public trust in fast-moving, highly regulated markets.

  • August 27, 2026

    Womble Bond Asks To Drop Dutch Software Client Over Rift

    Womble Bond Dickinson is looking to pull its representation of a Dutch software company after five years of a bitter trademark battle, citing a "fundamental disagreement" that has allegedly made it impossible for the firm to move forward as counsel of record.

  • August 27, 2026

    Faegre Drinker And Investor Trade Blame Over Depo Delays

    Faegre Drinker Biddle & Reath LLP this week pressed its bid to strike expert witnesses proffered by a real estate investor claiming the firm gave bad advice about a deal to buy an A&P shopping center, saying it made nine unsuccessful bids over the last three months to schedule two witnesses.

  • August 27, 2026

    Ex-Cannabis Tech Execs Say CEO Defamed Them After Firing

    Two former executives at Alpine IQ Inc. are suing the company and its CEO in Colorado federal court, alleging they were defamed when he falsely accused them of stealing Alpine's intellectual property after he summarily fired them.

  • August 26, 2026

    Blake Lively's 'Blunderbuss' $8M Atty Fee Bid Nets $407K

    A New York federal judge Wednesday awarded Blake Lively $407,452 in attorney fees and court costs in her defamation dispute with her "It Ends With Us" co-star Justin Baldoni, significantly less than the $8 million she had requested, citing her "blunderbuss approach" and flaws in records she submitted.

  • August 26, 2026

    Chemical Co. Reps Can't Dissolve $1.9M Trade Secret Verdict

    A federal judge on Tuesday rejected a request by three chemical sales representatives to undo a $1.9 million jury verdict for their former employer in a trade secret dispute, ruling that Silver Fern Chemical Inc. clearly demonstrated that they took confidential customer information that was valuable and not readily accessible elsewhere.

  • August 26, 2026

    Texas Appeals Court Affirms Injured Oil Worker's Loss

    An oil worker who was paralyzed when a wellhead fell on him failed to persuade a Texas appellate court to revive his negligence suit against the safety training contractor he blamed for the accident, with the court saying he presented no evidence that the company's training caused his injury.

  • August 26, 2026

    Mass Tort Firm Galindo Law Can Use Cash In Ch. 11

    A bankruptcy judge said he would give interim approval to Galindo Law Firm's package of first-day motions Wednesday, allowing it to use cash on hand to fund operations, after the Texas mass tort firm resolved a lender's objection.

  • August 26, 2026

    9th Circ. Panel Won't Revisit Boeing's $72M Trade Secret Loss

    A Ninth Circuit panel has rejected Boeing's bid for a panel rehearing of its August 2025 decision reinstating a $72 million jury verdict for electric jet startup Zunum Aero Inc. in a trade secret dispute, spurning the aerospace giant's fresh argument that the case belongs in the Federal Circuit because of the patent counterclaims involved.

  • August 26, 2026

    Detroit Can't Fully Shake Telecom's Fiber Access Suit

    A Michigan federal judge has allowed a telecommunications carrier to pursue claims that Detroit discriminated against it over access to city-controlled fiber conduit, while dismissing state constitutional, antitrust and mandamus counts. 

  • August 26, 2026

    Crypto CEO Says Investors Lack Proof In Refund Fraud Suit

    The CEO of Power Block Coin LLC, which does business as SmartFi, asked the Pennsylvania federal court for a win in a suit alleging he refused to fulfill their "buyback guarantee" of SmartFi tokens, saying the investors cannot even show they personally bought the tokens.

  • August 26, 2026

    Coffee Seller's Tax Suit Counterclaims Belong In Calif.

    The founder of a California coffee equipment manufacturer asked a Colorado state court judge Monday to dismiss the bulk of counterclaims from the founder of a Colorado coffee equipment provider who allegedly hid his company's true tax designation on a loan application to push through a merger.

Expert Analysis

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

  • Early Action Can Benefit Distressed Restaurant Franchisees

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    As rising costs put increased pressure on restaurants, as evidenced by recent bankruptcy filings by Popeyes, Farmer Boys and Applebees franchisees, distressed businesses should move early to preserve profitable locations, reject uneconomic obligations, manage brand defaults and choose the appropriate restructuring path, says Christopher Caplinger at Kean Miller.

  • How 'Most Favored Nation' Regime Affects Biopharma Deals

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    As M&A activity surges in the biopharma space, companies will need to account for the Trump administration's most-favored-nation pricing proposals — durable in concept, if unsettled in detail — when drafting deals, say attorneys at Gibson Dunn.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • Prepping To Use Crypto Collateral Under Ohio Ownership Law

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    Ohio's digital asset law should ease the path to using cryptocurrency as collateral, and as the October effective date approaches, lenders should update their loan documentation and diligence processes to take advantage of the new control-based perfection rules, say attorneys at Kegler Brown.

  • Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

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    Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.

  • Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • Notable Q2 Updates In Insurance Class Actions

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    After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

  • Other Transaction Authority May Change Military Construction

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    Early use of the Pentagon’s expanded authority to use other transaction agreements for defense construction projects suggests it may become a consequential change that draws new entrants into the marketplace, so participants should be cognizant of how it differs from the familiar Federal Acquisition Regulation model, say attorneys at Holland & Knight.

  • Decoding Arbitral Disputes: Award Enforcement Is Just Step 1

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    In Qatar National Bank v. South Sudan and Bank of South Sudan, a D.C. federal court recently confirmed a $1 billion arbitral award, but the judgment itself remains only the entrance to the asset-recovery exercise, says Josep Galvez at 4-5 Gray's Inn Square.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • How New Counter-Drone Rule Will Reshape Event Security

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    A new interim final rule on counter-unmanned aircraft systems creates one of the most structured regulatory frameworks yet adopted for mitigating unauthorized drone activity, with implications for law enforcement, airport and stadium operators, drone companies, and public event organizers, say attorneys at Morgan Lewis.

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