Commercial Contracts

  • July 09, 2026

    McCarter Atty Didn't Bungle $20M NY Deals, Conn. Court Told

    McCarter & English LLP and a onetime partner did not commit legal malpractice when representing the lenders in $20 million worth of loan deals that fell apart when the borrower defaulted and a municipal obligor refused to pay, a defense expert told a Connecticut state court on Thursday.

  • July 09, 2026

    9th Circ. Spurns Doxo's Bid To Arbitrate Class Action

    The Ninth Circuit backed a Washington district court's decision to deny online bill-pay service Doxo Inc.'s bid to arbitrate class claims that it deceived customers by not disclosing fees upfront, saying the company waited too long and litigated too much before pushing for arbitration.

  • July 09, 2026

    NC Biz Court Tosses Lot Owners' $1.45M Helene Fee Fight

    The North Carolina Business Court has scrapped a legal challenge over a $1.45 million special assessment levied against property owners in a gated community to cover Hurricane Helene damages, finding the lot owners failed to plead any facts in support of their claims.

  • July 09, 2026

    Regeneron Cites Medtronic Ruling In Amgen Bundling Case

    Regeneron has told a Delaware federal judge there is new reason to preserve its $407 million win against Amgen over cholesterol drug bundling after a California federal judge found in an analogous case that the plaintiff need not prove the defendant had monopoly power over every item in a bundle.

  • July 09, 2026

    5th Circ. Prods Highland-Affiliated Co. On Ex-CEO's 'Privity'

    A Fifth Circuit panel pressed an entity related to Highland Capital to explain why a fraudulent transfer claim against Highland's former CEO should stand following a separate consent judgment, asking when the former chief executive ceased to be "in privity with Highland."

  • July 09, 2026

    Tesla Keeps Part Of Arbitration Award In Battery IP Feud

    A California federal judge has backed part of an arbitration award blocking a Tesla supplier from selling certain electric vehicle battery equipment to anyone other than Tesla, but said the arbitrator needs to take another look at other parts of the injunction.

  • July 09, 2026

    Colombian Entrepreneur Cooked Books To Sell Co., Suit Says

    Investment advisory firm Christofferson Robb & Co. has sued former Colombian presidential candidate Santiago Botero and several other entities, claiming they participated in a scheme to inflate the financial performance of Botero's failing loan servicing company that benefited the business executive, his family and friends.

  • July 09, 2026

    USF Must Pay Fees Over Destroyed Notes In Sex Abuse Suit

    A California magistrate judge has ordered the University of San Francisco to pay legal fees stemming from the destruction of its former athletic director's notes in a suit over alleged sexual harassment within the school's baseball program.

  • July 09, 2026

    Insurer Says Freight Cos. Blew Coverage Of $59M Judgment

    An insurer defending two freight companies as they appeal a $59 million personal injury judgment against them urged a New Jersey federal court to find they aren't owed any coverage because, the insurer alleged, they went behind the insurer's back by working with the injured motorist.

  • July 09, 2026

    Colo. Panel Nixes Developer's $1.2M Atty Fee Award

    Colorado appellate judges held for the first time Thursday that a trial court's order denying a request for attorney fees is not final and appealable until the trial court resolves every party's fee request, siding with a property owners association's bid to reverse a developer's $1.26 million fee award.

  • July 09, 2026

    3rd Circ. Hints At Reviving $100M Verdict Against Caterpillar 

    The Third Circuit Thursday appeared skeptical of Caterpillar Inc.'s argument that a lower court's decision to vacate $100 million in damages awarded to a defunct equipment importer should stand, suggesting the heavy equipment maker's argument would foreclose new businesses from ever receiving lost profits.

  • July 09, 2026

    Sandoz's Patent Loss Blocks Antitrust Suit, 4th Circ. Told

    Retired U.S. Circuit Judge Paul R. Michel is backing Amgen against Sandoz's Fourth Circuit appeal, arguing in an amicus brief that the final say over now-nixed allegations of blocked biosimilar competition to arthritis drug Enbrel came when Amgen successfully sued Sandoz for patent infringement.

  • July 09, 2026

    'Bye Bye Bye' Choreographer Drops Sony Copyright Claims

    The artist behind NSYNC's iconic "Bye Bye Bye" choreography has dropped his claims against Sony Music Holdings Inc. over allegations that the company licensed the dance for use in Marvel Studios' 2024 movie "Deadpool & Wolverine" and Epic Games' video game Fortnite without his permission or giving him credit.

  • July 09, 2026

    $500M Medical Glove Contract Breach Suit Sent To Arbitration

    A Malaysia-based distributor must arbitrate its $500 million suit against a medical gloves supplier in a case stemming from a COVID-19 era agreement aimed at supplying nitrile gloves to Walmart for resale, after a New York federal court found an exception to arbitration for intellectual property disputes did not apply to the claims.

  • July 09, 2026

    Atty Fights Bid To Ax Health Plan RICO Suit

    An attorney who filed a proposed RICO class action in New York tied to a Federal Trade Commission case alleging a $91 million sham health insurance scheme is fighting a receiver's dismissal and sanctions bid, telling a Florida federal court he never defied its orders.

  • July 08, 2026

    Samsung Accuses Netlist Of Patent 'Double-Dip' In Latest Suit

    Samsung has kicked off yet another lawsuit in its long-running intellectual property dispute with Netlist, this time claiming that Netlist is trying to "double dip" with a demand that Samsung take a second license to Netlist's patents covering semiconductor technology, according to a complaint filed in Delaware federal court Wednesday.

  • July 08, 2026

    Navistar Expert Says GLS Missteps, Not Delays, Drove Losses

    Navistar's economic damages expert testified in Michigan federal court Wednesday that it was a Warren truck buyer's bad business decisions that led to the company losing millions, not the late delivery of 1,100 tractor-trailer vehicles that Navistar was supposed to deliver in June 2022.

  • July 08, 2026

    Cannabis Firm Escapes Default In Pot Product Supply Dispute

    A California cannabis products distributor has overcome a default judgment in a $306,000 contract dispute after a California state court judge said that the plaintiff's delivery of a copy of the summons and complaint to the company's warehouse floor manager at the wrong address does not count as serving the defendant.

  • July 08, 2026

    9th Circ. Revives Whirlpool Dishwasher Warranty Class Action

    The Ninth Circuit has revived a Washington retiree's lawsuit accusing Whirlpool Corp. and an insurer of deceptively marketing a service plan as providing repairs or replacements for her dishwasher when the fine print allowed them to instead buy the appliance at a depreciated price, leaving her without enough money to replace it.

  • July 08, 2026

    Citadel Securities Drops Portofino Suit To Chase UK Judgment

    Citadel Securities has dropped its New York trade secrets lawsuit targeting a Swiss cryptocurrency trading firm launched by two ex-employees in order to focus on enforcing a roughly £6 million ($8 million) judgment it's already won in the dispute, according to documents filed Wednesday.

  • July 08, 2026

    Amazon Ordered To Give FTC Docs It Claimed Were Privileged

    A Washington federal judge ordered Amazon to give the Federal Trade Commission several documents sought in the agency's antitrust case and said a "re-review" of the online retailer's discovery is needed to ensure the company "does not continue to withhold documents based on an improper application of the attorney-client privilege."

  • July 08, 2026

    McCarter Trial Judge Has 'Serious Doubts' About NY Expert

    The Hartford judge presiding over a $22.5 million lawsuit against McCarter & English LLP and a former partner said Wednesday he had "serious doubts" about allowing testimony from a defense expert, but let him proceed as long as he did not claim to interpret New York law.

  • July 08, 2026

    NC Biz Court Told Insurers Owe Coverage To E-Commerce Co.

    Insurers under Nationwide and Lloyd's of London are facing a suit in the North Carolina Business Court from a digital marketing company alleging the insurers owe it for costs it incurred defending itself from claims it invaded users' privacy.

  • July 08, 2026

    Archer Looks To Toss Remainder Of Joby's Trade Secret Suit

    Archer Aviation has asked a California federal judge to throw out what's left of rival electric air taxi-maker Joby Aviation's trade secret suit, saying Joby had ignored the court's instructions to proceed with narrowed claims and instead tried to expand its allegations without adding more substance.

  • July 08, 2026

    NC Realty Co. And Mortgage Lender Must Face Kickback Suit

    A realty company and a mortgage lender accused of running an unlawful kickback scheme couldn't secure a pretrial win after a North Carolina federal judge found a homebuyer alleged enough to confer standing under federal consumer protection law.

Expert Analysis

  • Opinion

    AI Presents A Make-Or-Break Moment For Outside Counsel

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    The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

  • State Carbon Cost Disparities Are Pivotal In Data Center Siting

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    When choosing U.S. data center locations, developers must carefully consider the patchwork of state and regional carbon emission pricing regimes that are layered on top of the federal permitting framework, creating compliance cost differentials that could add up to billions of dollars, say attorneys at Davis Graham.

  • Series

    Watching Hallmark Movies Makes Me A Better Lawyer

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    I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

  • Keys To Federal Carbon Compliance In Data Center Siting

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    Recent statements from the White House and state governors about making data centers pay for their own power infrastructure have underlined the importance of choosing locations, generation technologies and deal structures to optimize carbon, permitting and compliance costs, say attorneys at Davis Graham.

  • Why The Road To Final Four Runs Through The Courthouse

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    As universities navigate a new college sports landscape in which courts decide eligibility, injunctions shape rosters and contract precision determines competitive stability, they should professionalize their NIL contracting, plan for emergency relief, and prepare for eligibility and damages disputes, say attorneys at Seyfarth.

  • 5 Tips For Navigating Your Firm's All-Attorney Summit

    Excerpt from Practical Guidance
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    Law firm retreats should be approached strategically, as they present valuable opportunities to advance both the firm's objectives and attorneys' professional development through meaningful participation, building and strengthening internal relationships, and proactive follow-up, says James Argionis at Cozen O’Connor.

  • How Bankrupt Cos. Can Seek Refunds For Illegal Tariffs

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    In light of the U.S. Supreme Court's recent decision striking down President Donald Trump's International Emergency Economic Powers Act tariffs as illegal, some companies may have strong prospects for recovering refunds from the government, and trustees in bankruptcy may have a significant role to play in seeking such recovery, say attorneys at Stinson.

  • 5 Gov't Contractor Tips Following Anthropic Risk Designation

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    The Pentagon's designation of Anthropic as a supply chain risk is an unprecedented action that raises significant legal questions, and with government contractors already receiving directives and inquiries concerning their use of Anthropic products and services, there are several strategies contractors can use to manage risk, say attorneys at Mayer Brown.

  • Duke Energy Settlement Raises Key Antitrust Questions

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    The recent federal court settlement in Duke Energy v. NTE Carolinas II comes in the wake of the U.S. Supreme Court's failure to address a Fourth Circuit decision in the matter, calling into question the core purpose and effect of antitrust laws, say attorneys at Clifford Chance.

  • How Data Centers Can Prep For Legal Challenges Amid War

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    Amid conflict in the Middle East, data centers may now be exposed to state-level kinetic threats, creating significant legal, regulatory and contractual implications, so operators should update their legal and operational frameworks in order to withstand future disruptions and meet the regulator expectations, say attorneys at Baker Botts.

  • Series

    Coaching Soccer Makes Me A Better Lawyer

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    Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

  • Series

    Law School's Missed Lessons: The Human Element

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    Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

  • Time Limit Case Highlights How Justices Apply Federal Rules

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    In Coney Island Auto Parts Unlimited v. Burton, the U.S. Supreme Court sided with the minority in a circuit split on when a litigant can seek relief from an allegedly void judgment — but the decision's most important lessons may be about the high court's interpretive approach to the Federal Rules of Civil Procedure, say attorneys at McDermott.

  • 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.

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