Commercial Contracts

  • September 30, 2026

    T-Mobile Users' Rate Hike Class Claims Sent To Arbitration

    Consumers in a proposed class action against T-Mobile over alleged wireless plan rate hikes must arbitrate their claims individually, a Washington federal judge said Tuesday, agreeing with the company the customers consented to an arbitration pact by continuing to use and pay for service after receiving notice of updated terms.

  • September 30, 2026

    Mallinckrodt Must Face Painkiller Contract Breach Claims

    A Pennsylvania federal judge maintained a drugmaker's contract violation claims against a pharmaceutical ingredient company for allegedly failing to provide the materials needed to make two kinds of painkillers, but held that the drugmaker's claims of market monopolization fell short.

  • September 30, 2026

    Rapper Rick Ross Sued For Being A No-Show At NC Concerts

    A concert production company has accused rapper Rick Ross of bailing at the last minute on two concerts in North Carolina during his anniversary tour, allegedly causing hundreds of thousands of dollars in losses in the form of ticket refunds and cancellation fees.

  • September 30, 2026

    College Sports Overhaul Still Uncertain Despite Senate Lift

    A yearslong effort to comprehensively regulate college sports surged ahead this week with the U.S. Senate's easy approval of bipartisan legislation, but lingering concerns about the bill's NCAA antitrust shield and other fraught policy fights are clouding its future.

  • September 30, 2026

    Ex-BDO Partner Says Board Retaliated With Equity Cut

    A former BDO USA partner urged the Delaware Supreme Court on Wednesday to revive claims that the accounting firm improperly stripped him of equity after he announced plans to retire, arguing that even broad contractual discretion cannot be used in bad faith or retaliation.

  • September 30, 2026

    Goldman, JPMorgan Beat CDS Rigging Suit For Now

    A New Mexico federal court has tossed older claims from a proposed class action accusing JPMorgan, Goldman Sachs and other large banks of conspiring to rig credit default swap auctions, after a New York court ruled on a claims release issue involving a settlement in a related decade-old antitrust case.

  • September 29, 2026

    Commodities Firm Looks To Nix $22M Soybean Award Suits

    A Swiss commodities firm has asked a Florida federal court to toss litigation filed by a U.S. logistics company to enforce a $22 million arbitral award stemming from a soybean meal purchase dispute, calling the suit improper in light of ongoing litigation in England.

  • September 29, 2026

    Ohio Law Firm Beats $10M Loan Fraud Malpractice Suit Again

    An Ohio law firm has escaped a legal malpractice suit, with an Ohio federal judge ruling that a real estate firm offered no evidence that it could have collected damages for a failed $10 million loan absent counsel's alleged negligence.

  • September 29, 2026

    X Corp. Says Crypto Gambling Company Bribed X Employees

    X Corp. told a Texas federal court that a company behind two controversial crypto gambling websites, which allegedly bribed X employees, cannot arbitrate claims that X unfairly removed their access to its website.

  • September 29, 2026

    Call Center Claims No Ties To NC In ADT Wrong-Number Suit

    The operator of a third-party call center asked Tuesday for an early exit from ADT Security Corp.'s lawsuit alleging the operator helped facilitate a predatory telemarketing scheme, saying it lacks sufficient ties to be dragged into court in North Carolina.

  • September 29, 2026

    Del. Chancery Rejects Saama Founder's $68M Earnout Bid

    The Delaware Chancery Court has rejected a bid from Saama Technologies founder Suresh Katta for a $67.5 million earnout tied to Carlyle Group's 2021 investment in the clinical data company and ordered him to pay Saama about $7.3 million, finding that he acted in bad faith by pushing contracts that damaged the business to maximize the payout.

  • September 29, 2026

    Disney's Antitrust Case Against InterDigital Paused

    InterDigital has convinced a Delaware federal judge to press pause on a lawsuit brought by Disney accusing the technology development company of refusing to offer reasonable licenses on patents for video streaming.

  • September 29, 2026

    Texas Biz Court Pares Southwest Union's Boeing Suit

    A Texas Business Court judge pared back the scope of claims brought by the pilots union for Southwest Airlines against The Boeing Co. after regulators grounded the 737 Max aircraft, saying Monday that the pilots can recover only direct damages, not damages from secondary injuries.

  • September 29, 2026

    Cloud Fails To Upend Revvity's $4.5M Fee, Contract Win

    A Massachusetts intermediate appellate court on Tuesday affirmed a lower court's finding that Cloud Software Group LLC wrongly used a "sham audit" to justify terminating a long-term partnership with another software company in order to poach its customers.

  • September 29, 2026

    Construction Equipment Rental Antitrust Case Moves Ahead

    An Illinois federal court refused to toss a case accusing construction equipment rental companies including United Rentals, Herc and The Home Depot of using benchmarking software to inflate rental rates.

  • September 29, 2026

    Surgical Robot Co. Says 9th Circ. 'Expands' Antitrust Law

    Intuitive Surgical asked the full Ninth Circuit to reconsider a decision reviving a surgical repair company's claims that it blocked third parties from refurbishing components for its popular da Vinci surgery robot, arguing the panel created a whole new pathway to alleging monopolization of secondary markets.

  • September 29, 2026

    3rd Circ. Says No Contract Fees After Unripe Dismissal

    The Third Circuit held in a precedential opinion Tuesday that a district judge lacked the authority to decide a fee request stemming from a dispute between an oil and gas company and a landowner over the terms of their lease agreement.

  • September 29, 2026

    Agency Says Indicted Ex-Boss Can't Use Home For Bond

    The former executive director of two Connecticut housing authorities cannot use his home to secure a $500,000 bond in his federal wire fraud case, the Groton Housing Authority and related entities told the state court judge overseeing a civil case arising from his alleged theft.

  • September 29, 2026

    Del. Chancery Freezes 32.1M Talkdesk Shares In Viking Fight

    The Delaware Chancery Court on Tuesday temporarily barred Talkdesk Inc. from disposing of roughly 32.1 million shares it received through a disputed foreclosure involving founder and CEO Tiago Paiva, while ordering expedited proceedings on a claim from investors of Viking Global that the deal violated their contractual consent rights.

  • September 29, 2026

    NJ Panel Questions Atty's Authority In $600K Injury Settlement

    A New Jersey appellate panel Tuesday vacated a trial court's orders enforcing a $600,000 settlement in a personal injury case, sending the case back for an evidentiary hearing to determine whether counsel for one of the settling defendants had the authority to settle.

  • September 29, 2026

    Prejudice Question Bars Quick End To Negligence Deal Suit

    A Washington federal court said it cannot definitively say whether an insurer must cover a healthcare management company's settlement with a nursing home resident, saying there is a genuine dispute about whether the carrier was prejudiced by its insured's decision to settle an underlying negligence suit without consent.

  • September 28, 2026

    Parler Wasn't Worth Much When CEO Was Fired, Jury Told

    A company valuation expert testified Monday in the trial over Parler's 2021 ouster of its CEO that the company had little value at the time and that insider estimates in the hundreds of millions of dollars were "speculation."

  • September 28, 2026

    Senate Passes Protect College Sports Act

    The Senate voted 77-22 on Monday night to pass legislation to impose sweeping regulations on college sports, a multibillion dollar industry. 

  • September 28, 2026

    Jet Broker Accused Of Stealing $815K Through Ponzi Scheme

    A Florida couple has told a Colorado federal court a private jet charter company kept over $800,000 of the couple's money in "what amounted to a Ponzi scheme" after the company abruptly ceased operations and refused to provide refunds, leaving an estimated $150 million in customer funds in flux.

  • September 28, 2026

    Cannabis Distributor Says Partner Denied Its $332K Stake

    The manager of a Los Angeles cannabis cultivation facility seized an entire harvest without his business partner's permission, selling much of it until armed men raided the facility and took a significant portion of the inventory, according to a state lawsuit seeking more than $300,000 for the iced-out partner.

Expert Analysis

  • Avoid The Unexpected When Drafting License Agreements

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    The Delaware Court of Chancery's recent decision in Commave v. Zevrain raises several practice points for attorneys drafting commercial contracts, underscoring the importance of considering anti-assignment provisions, specific exclusions and potential carveouts when drafting license agreements or other commercial contracts, say attorneys at Hogan Lovells.

  • A Reliable Liability Shield For Government-Sponsored R&D

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    The Federal Circuit's decision in Arlton v. AeroVironment last month confirms that the Section 1498 liability-shifting framework applies well beyond production contracts, providing powerful assurance that contractors performing government-directed work are shielded from patent infringement liability, say attorneys at Morgan Lewis.

  • The Benefits Of Choosing A Niche Practice In The AI Age

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    As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

  • Section 122 Tariffs Show Shift In Strategy, Not Trade Policy

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    By imposing temporary tariffs under Section 122 of the Trade Act as a stopgap measure while it pivots to less transitory statutory authorities, the Trump administration sent a clear message that the U.S. Supreme Court’s decision in Learning Resources v. Trump, invalidating duties imposed under the International Emergency Economic Powers Act, will not precipitate a change in policy direction, say attorneys at Snell & Wilmer.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • Structuring Water Agreements For Data Center Development

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    For developers of artificial intelligence data centers, water use is now a threshold feasibility and financing variable amid a regulatory landscape with a state-driven push for transparency and federal push to streamline pathways for AI-related infrastructure, say attorneys at Pillsbury.

  • Lessons From Justices' Split On Major Questions Doctrine

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    The justices' varied opinions in Learning Resources v. Trump, which held the International Emergency Economy Powers Act did not confer the power to impose tariffs, offer a meaningful window into the U.S. Supreme Court's perspective on the major questions doctrine that will likely shape lower courts' approach to executive action challenges, say attorneys at Venable.

  • Proposed DOL Rule Could Simplify Contractor Classification

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    If the U.S. Department of Labor's recently proposed rule governing employee versus independent contractor classification is finalized, it would permit energy sector employers to evaluate the nature of the working relationship with a more straightforward and predictable analysis than the 2024 rule's unweighted test, say attorneys at Bracewell.

  • How The New Tariff Landscape May Unfold

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    To replace tariffs formerly imposed under the International Emergency Economic Powers Act, the administration will rely on a patchwork of statutes, potentially leading to procedural challenges and a complex tariff landscape with varying levels, durations and applicability, says Joseph Grossman-Trawick at King & Spalding.

  • What GCs Should Keep In Mind When Developing AI Addenda

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    When general counsel develop their own customer-side artificial intelligence addenda to be used as the baseline for negotiations with AI vendors, they should take care to rightsize the addenda relative to their organization's size, complexity and bargaining power, say attorneys at Polsinelli.

  • 2nd Circ. Kazakh Ruling Clarifies RICO Rule, FSIA Exception

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    The Second Circuit's recent Yerkyn v. Yakovlevich ruling, dismissing a Racketeer Influenced and Corrupt Organizations Act claim, demonstrates that RICO's domestic injury requirement is a merits question, and reaffirms the Foreign Sovereign Immunities Act's commercial activity exception, says Brant Kuehn at Greenspoon Marder.

  • Character.AI Case Highlights Agentic AI Liability Questions

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    The recently settled litigation against Character Technologies Inc. provides an early case study for exploring salient legal issues related to agentic artificial intelligence, such as tort liability, strict liability, statutory liability and contractual liability, says Samuel Mitchells at Smith Gambrell.

  • How DOL Rule Would Preserve App-Based Contractor Work

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    The U.S. Department of Labor's proposed 2026 independent contractor rule reinforces the centrality of worker autonomy and entrepreneurial opportunity that characterize many app-based arrangements, and returns to a framework that may offer increased predictability for platforms and workers alike, say attorneys at Gibson Dunn.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • Compliance Takeaways Amid Subscription Practices Scrutiny

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    The Federal Trade Commission's prioritization of enforcement regarding deceptive billing and cancellation practices in recurring subscriptions, and new click-to-cancel rulemaking expected on the horizon, carry key takeaways for companies using recurring subscriptions to sell products or services, say attorneys at Arnold & Porter.

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