Commercial Contracts

  • January 06, 2026

    5th Circ. Mulls If ERISA Claims Are Subject To Arbitration Clause

    A Fifth Circuit panel wanted a former employee at International Bancshares Corp. to explain how his benefits class action could evade an arbitration clause adopted by the plan that he never consented to, saying Tuesday that other courts seemingly have not adopted a theory that would allow that.

  • January 06, 2026

    Public Health Atty Talks Botulism, Infants And FDA Staffing

    Three years ago, a bacterial outbreak at a Michigan manufacturing plant sparked a shutdown and a national infant formula shortage. Another episode last year at a formula plant in Iowa should be a red flag for the public and a short-handed FDA, according to Sarah Sorscher of the Center for Science in the Public Interest.

  • January 06, 2026

    Drugmakers Fight Multifront Legal Battles Over GLP-1s

    In the wake of U.S. Food and Drug Administration approvals for GLP-1 weight-loss drugs, surging public demand and massive profits have inspired a broad range of drugmaker litigation against competitors, alleged counterfeits and telehealth providers.

  • January 06, 2026

    Boscov's Tenant Sues Over Del. Mall Tax Reimbursements

    A company that runs a Boscov's department store in a Newark, Delaware, shopping center has claimed in Delaware state court that the property's landlord forced the company to overpay tax reimbursements.

  • January 06, 2026

    Coal Exec Ordered To Disclose Evidence For Bribery Trial

    A former coal executive charged with bribing Egyptian officials must tell prosecutors what, if any, evidence he intends to use for his upcoming Foreign Corrupt Practices Act trial, a federal judge ruled Tuesday.

  • January 06, 2026

    Distribution Co. Drops Suit Alleging Kraft Stole Database

    A distribution company has voluntarily dismissed a suit accusing The Kraft Heinz Co. of stealing confidential information by having one of its executives in the Netherlands download a database in violation of a licensing agreement.

  • January 06, 2026

    NASCAR Boss Resigns Weeks After Antitrust Suit Settlement

    NASCAR Commissioner Steve Phelps resigned Monday, less than four weeks after the stock car racing organization settled a suit with two teams accusing it of being a monopoly — a suit in which derogatory texts by Phelps were revealed.

  • January 06, 2026

    Crypto Miner Host Can't Get $1.2M Damages Order Reversed

    A Seattle federal judge won't reconsider a decision awarding $1.2 million to a bitcoin miner in its breach of contract dispute with the operator of a facility that hosted its machines, finding the host company rehashed old arguments in its reconsideration bid.

  • January 06, 2026

    'Jersey Boys' Producer Slips $1M Pension Tab At 9th Circ.

    The Ninth Circuit on Tuesday reversed a win for a stagehands union pension plan in a dispute with a producer for the jukebox musical "Jersey Boys," saying an entertainment industry exemption to federal benefits law shielded the production company from approximately $1 million in withdrawal liability. 

  • January 06, 2026

    Authors Demand OpenAI's $1B Disney Deal Details For IP Suit

    Bestselling authors accusing OpenAI of unlawfully using their copyrighted works to train ChatGPT have asked a New York federal judge to order the company to produce details of its $1 billion licensing deal with Disney announced last month, saying the agreement could show the "feasibility" of a licensing market for AI training.

  • January 06, 2026

    Zillow, Redfin Fight FTC's Bid For More Discovery Time

    Zillow Group Inc., Zillow Inc. and Redfin Corp. are urging a Virginia federal court to reject a bid for more discovery time filed by the Federal Trade Commission and multiple states for their combined antitrust suit against the two property listing companies.

  • January 06, 2026

    Chancery Asked To Block Parallel Earnout Suit With Tech Cos.

    Audatex North America LLC and its parent company Solera Holdings LLC have requested that the Delaware Chancery Court block former RedCap Technologies LLC owners from reviving a stayed Superior Court lawsuit, arguing that the sellers expressly agreed to halt all court activity while their earnout dispute is arbitrated.

  • January 05, 2026

    US Chamber Gets Expedited Appeal In $100,000 H-1B Fee Suit

    The D.C. Circuit on Monday fast-tracked the U.S. Chamber of Commerce's appeal of a ruling that a $100,000 fee for new H-1B petitions was within President Donald Trump's "broad authority" to restrict noncitizens' entry.

  • January 05, 2026

    Lumen Says Telecom Charged It Tariffs For Toll-Free Calls

    Lumen, a trio of telecommunications carriers, filed a federal lawsuit in Colorado on Wednesday against telecom carrier Onvoy LLC alleging the Minnesota-based firm is improperly charging it tariffs on toll-free calls.

  • January 05, 2026

    Uber Sex Assault MDL Judge Won't Delay Bellwether Trial

    A California federal judge on Monday denied Uber's request to postpone the first of some 20 bellwether trials in multidistrict litigation over passenger sexual assaults despite the company's assertion that the jury pool will be tainted by what it said was a plaintiffs' counsel advocacy group commercial saying Uber refused to make safety improvements.

  • January 05, 2026

    Fed. Circ. Examines Timing Of $452M Trade Secrets Suit

    A Federal Circuit panel delved into the statute of limitations for trade secrets cases Monday, pressing an attorney for a South Korean company seeking to reverse a verdict that prompted a $452 million jury award to explain why the clock should start when a plaintiff suspects misappropriation rather than when it is actually discovered.

  • January 05, 2026

    Logistics Compliance Co. Seeks Order That It Owns Platform

    A Cleveland-based logistics compliance software firm has sued its former technology chief in Ohio federal court, looking to fend off claims that he owns the majority of the company's offerings.

  • January 05, 2026

    Quince Moves To Toss Williams Sonoma's False Ad Suit

    Quince urged a California federal court on Friday to dismiss Williams-Sonoma Inc.'s lawsuit that accuses the online retailer of trying to dupe consumers into believing its goods are the same as Williams Sonoma's products at discounted prices, saying Williams Sonoma's complaint cuts out "key context" regarding Quince's ads.

  • January 05, 2026

    NRA Claims Foundation Hijacked For Rival Fundraising

    The National Rifle Association is suing its charitable arm for alleged trademark infringement and breach of contract, claiming the foundation it established in 1990 has been taken over by a "disgruntled faction of former NRA directors" who were ousted after scandals involving former CEO Wayne LaPierre.

  • January 05, 2026

    Chancery Rejects BankUnited's Employee Poaching Claims

    The Delaware Chancery Court has denied BankUnited's attempt to block former executives and rival Customers Bank from recruiting employees and pursuing business in the title-services market, finding that the lender failed to show it was likely to win on any of its contract or fiduciary-duty claims.

  • January 05, 2026

    NC Anesthesiologists Dismiss Pay Cut Dispute With Board

    A group of North Carolina anesthesiologists voluntarily dismissed their lawsuit accusing business partners of unlawfully slashing monthly compensation in retaliation for questioning a proposed fee-sharing arrangement, according to a notice filed in North Carolina Business Court.

  • January 05, 2026

    Dish Wins $32M Lease Dispute In Colo. Appeals Court

    A Colorado appellate panel has unanimously affirmed a jury verdict in favor of Dish Wireless LLC after the court determined the master lease agreement governing a $32 million lease dispute between Dish and several telecommunications infrastructure companies was ambiguous.

  • January 05, 2026

    Dish Hits Disney With Antitrust Counterclaims In Sling TV Row

    Dish Network hit back Friday in New York federal court against ESPN and Disney in a breach of contract dispute over Dish's limited access passes on Sling TV, filing antitrust counterclaims accusing Disney of forcing it to carry less desirable channels in order to gain access to the "must-have" ESPN.

  • January 05, 2026

    Md. Railway Distributor Exec Sued Over Alleged Asset Looting

    Chinese railway equipment manufacturer Anyang Railway Equipment Co. Ltd. has filed suit in Maryland federal court, claiming the sole executive and majority shareholder of a railway distribution company, in which Anyang is also a shareholder, looted corporate assets for personal gain and excluded Anyang from management decisions, among other things.

  • January 05, 2026

    Payment Co., Insurer End $6.8M Fraud Coverage Dispute

    An electronic payments company and its insurer have ended their dispute over whether the company's roughly $6.8 million loss from two fraud schemes fell within its policy's coverage for computer fraud, with an Iowa federal court agreeing Monday to dismiss the case.

Expert Analysis

  • With Obligor Ruling, Ohio Justices Calm Lending Waters

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    A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

  • The Crucial Question Left Unanswered In EpicentRx Decision

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    The California Supreme Court recently issued its long-awaited decision in EpicentRx Inc. v. Superior Court, resolving a dispute regarding the enforceability of forum selection clauses, but the question remains whether private companies can trust that courts will continue to consistently enforce forum selection clauses in corporate charters, says John Yow at Yow PC.

  • Why EpicentRx Ruling Is A Major Win For Business Certainty

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    The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Lessons From Liberty Mutual FCPA Declination

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    Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • FTC Focus: When Green Goals And Antitrust Law Collide

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    A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.

  • How Bankruptcy Law Caps Landlords' Rejected Lease Claims

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    With corporate bankruptcy filings for the first half of the year at a 15-year high, landlords should be prepared for commercial tenants to use the bankruptcy process to reject unwanted leases in order to lessen corporate footprints and improve liquidity, say attorneys at Mintz.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • How To Address Tariff-Related Risks In Commercial Contracts

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    Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • A New IP Game Plan For College Football Players

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    For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.

  • 11th Circ. Ruling Shows Federal Question Jurisdiction Limits

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    The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.

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