Commercial Contracts

  • September 15, 2026

    Meet The Attys In The 340B Battle At 1st Circ.

    Gibson Dunn and Dunn Isaacson Rhee attorneys presented arguments Tuesday at the First Circuit over whether drug manufacturers can intervene in a challenge to a now-suspended drug rebate program for hospitals. Law360 profiles the attorneys.

  • September 15, 2026

    Workers Want Investment Bank Pay Suit To Go On

    An investment-banking enterprise and two managing directors are asking a Texas federal judge to resolve factual questions about workers' exempt status too early in the case, the employees argued, pushing the judge to keep their wage suit alive.

  • September 15, 2026

    UMG Says DistroKid Is Copyright-Infringing 'AI-Slop Pipeline'

    UMG Recordings sued music distributor DistroKid in Delaware federal court Tuesday, calling it an "AI-slop pipeline" that uses copyright infringement and deceptive practices to flood popular streaming platforms with mass-generated artificial intelligence content.

  • September 15, 2026

    1st Circ. Suggests Appeal In Drug Rebate Case May Be Moot

    A First Circuit panel raised mootness concerns as it heard arguments Tuesday from drug companies appealing a ruling that prevented them from intervening in a now-dismissed case to defend a rebate model for a federal drug-pricing program. 

  • September 15, 2026

    Auto Parts Co. Fights Bifurcation Bid In $50M Coverage Trial

    An auto parts manufacturer urged a North Carolina federal court to reject an insurer's request to bifurcate an upcoming trial over claims the insurer improperly denied $50 million in coverage for COVID-19 pandemic-related losses, saying the allegations overlap too significantly to split the claims.

  • September 15, 2026

    Springsteen Beats Compensation Suit Over Album Cover

    A New Jersey appellate court on Tuesday affirmed an order dismissing a suit from the estate of a classic car collector against Bruce Springsteen over compensation from use of a 1967 Pontiac GTO on an album cover, saying it was "abundantly clear" that all elements of hearsay were present to sink the case's only evidence against the musician.

  • September 15, 2026

    1st Circ. Presses Amex On Merchant Arbitration Rule Change

    A First Circuit panel on Tuesday pushed back on assertions by American Express that unilateral changes to the terms of its merchant agreement did not invalidate it, as a lower court found last year in denying the card issuer's motion to compel arbitration in a dispute over anti-steering rules.

  • September 15, 2026

    Call Center Seeks Coverage For $5M Adidas Data Breach Deal

    A Wisconsin business process outsourcing company said in federal court that a Chubb unit breached its policy when the insurer refused to cover $5 million the call center paid to Adidas to resolve claims over data breaches that compromised the sneaker giant's customers' personal information.

  • September 15, 2026

    Justices Urged To Leave Global Copyright Ruling Intact

    A Louisiana songwriter has asked the U.S. Supreme Court not to touch a ruling that allowed him to recover worldwide rights to the 1960s hit song "Double Shot (Of My Baby's Love)," saying a group of music companies had rushed the issue to the justices when only a single circuit court had weighed in.

  • September 15, 2026

    F-150 Drivers Denied Class Cert. In Ford Transmission Suit

    An Illinois federal judge has denied class certification to a group of Ford F-150 owners who allege Ford shipped vehicles with defective transmissions, finding their warranty claims are blocked by a class action waiver, and they failed to show there was a common defect among class vehicles.

  • September 14, 2026

    Nektar 'Desperate' To Develop Rezpeg, Lilly Exec Tells Jury

    An Eli Lilly executive told a California federal jury on Monday in Nektar's $1 billion breach of contract suit against the pharma giant that his handwritten note from a meeting with Eli Lilly's CEO about Nektar being "desperate" was about the struggling company's need for its autoimmune-disease drug Rezpeg to succeed.

  • September 14, 2026

    5th Circ. Frees Ericsson Insurers In Terrorism Funding Row

    The Fifth Circuit found that multiple insurers have no duty to defend Ericsson Inc. against claims the company funded foreign terrorist organizations, saying that the suit brought by two groups of American victims of terrorist attacks alleged the company committed grave harm.

  • September 14, 2026

    Mich. Cannabis Regulators Seek Exit From Buyout Suit

    Michigan cannabis regulators are asking a federal court to dismiss an entrepreneur's lawsuit that claims they coordinated with JARS Holdings to push him out of the cannabis business while smearing his professional reputation, arguing that JARS, not the agency, is the source of his harm.

  • September 14, 2026

    Fed. Circ. Saves Broadcom IP Suit, Says License Was Intact

    The Federal Circuit on Monday breathed new life into a company's patent and copyright infringement case against Broadcom Inc., saying in a precedential opinion that the plaintiff company didn't lose its right to bring the action when it switched its business to intellectual property enforcement.

  • September 14, 2026

    Cumulus Tells 2nd Circ. Even Brief Stay Of Nielsen Order Is Bad

    Cumulus Media says it's going to be irreparably harmed if the Second Circuit doesn't lift the administrative stay it put in place stopping a preliminary injunction that Nielsen is challenging for the second time from going into effect while the appellate court looks at the matter.

  • September 14, 2026

    Amazon Halts 21 Air Cargo Flights, Faces New Crash Suit

    Amazon has suspended operations with cargo carrier partner 21 Air LLC, a week after one of its planes overran a runway at Miami International Airport and plowed into vehicles, killing five people, as the company faces another negligence and wrongful death lawsuit over the wreck.

  • September 14, 2026

    SpaceXAI Drops Apple In Antitrust Claims For OpenAI Deal

    SpaceXAI on Monday dropped its claims that Apple breached antitrust laws by signing a deal with OpenAI to integrate ChatGPT into the iPhone but kept its claims against OpenAI Foundation intact.

  • September 14, 2026

    Senators Draw Battle Lines Over Sweeping College Sports Bill

    U.S. senators on Monday made public statements on their positions either for or against a bill aimed at comprehensively regulating college sports, forecasting a bitter fight over the bill's passage in the upper chamber.

  • September 14, 2026

    Colo. Justices Won't Review $3.36M Verdict Against Gas Co.

    The Colorado Supreme Court unanimously declined on Monday to hear the case of a natural gas marketing company appealing a $3.36 million jury verdict in favor of its former trading director who accused the company of failing to pay out a bonus related to his trades.

  • September 14, 2026

    Mobileum Ex-CFO Seeks More Than $2M In Legal Fees

    Former Mobileum Inc. Chief Financial Officer Andrew Warner has sued the company in the Delaware Chancery Court, seeking more than $2 million in legal fees tied to a federal criminal case and accusing Mobileum of reversing its position after repeatedly recognizing his right to have those expenses advanced.

  • September 14, 2026

    5th Circ. Won't Hear 'My 600-lb Life' Reality Show Dispute

    A split Fifth Circuit refused to entertain legal questions about whether "My 600-lb Life" counts as reality television in a dispute over coverage for underlying suits brought by the show's participants, saying in a published opinion Monday that the show's producers forfeited the argument on appeal.

  • September 14, 2026

    State Farm Spared Treble Damages In Policyholders' $38M Win

    A Washington federal judge on Monday said policyholders failed to show they were entitled to enhanced damages after the court determined State Farm shorted them on payouts for totaled vehicles, finding class members had already been fully compensated by the $38 million in actual damages they were already awarded.

  • September 14, 2026

    Aetna Tells 5th Circ. DOL Can't Block Aramark Suit Arbitration

    Aetna Life Insurance Co. urged the Fifth Circuit on Monday against the U.S. Department of Labor's argument that uniform company Aramark Services Inc.'s health claims dispute with the insurer should remain in court, arguing a Texas judge erred in declining to enforce the parties' binding arbitration agreement.

  • September 14, 2026

    Hyliion Investors End Suit Over Data Center Deal

    A proposed class of Hyliion Holdings Corp. investors has voluntarily dropped its suit against the linear generators company, which was accused in Texas federal court of overhyping a data center partnership with an artificial intelligence infrastructure company.

  • September 14, 2026

    Ex-NFL Player's Former Fiancée Sued Over Lash Salon Rift

    Former business partners have accused the ex-fiancée of retired NFL wide receiver Victor Cruz in New Jersey federal court of self-dealing and using their businesses' bank accounts to subsidize other businesses she ran.

Expert Analysis

  • Senior Housing Demands A Distinct Dealmaking Playbook

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    An aging population and evolving state regulations underscore a critical reality that senior housing assets can undergo operational or compliance shifts during dealmaking, highlighting the need for unique contractual safeguards like expanded disclosures, anchored notice obligations, and targeted closing conditions and remedies, say attorneys at Goodwin.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Apple Verdict May Inform Jury Instruction In Patent Suits

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    A Texas federal jury's recent verdict in Optis v. Apple provides an important example of how juries must be instructed when Step 2 of the Alice framework is submitted to them, with important implications for both litigators and courts in patent cases, says Joshua Reisberg at Blank Rome.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q1

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    As usual, California remained a hub for financial services activity in the first quarter of 2026, with key developments including the California Department of Financial Protection and Innovation's eye on consumer issues, a bill targeting "pig butchering" schemes, and jam-packed courts, say attorneys at Joseph Cohen.

  • Justices May Hesitate To Limit Courts' Arbitration Review

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    Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • Proactive Risk Allocation Reduces Infrastructure Disputes

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    Recent wrangling between federal and state officials over the Gateway Program illustrates how quickly funding and project governance disputes can disrupt significant public infrastructure initiatives — and highlights that the way risks are contractually allocated can determine whether disagreements are resolved efficiently or lead to costly delays, says Thibaut Giret at Alstef Group.

  • Series

    Pa. Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.

  • In First For DOJ, Action Signals New CFIUS Enforcement Era

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    The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • Del. Blackbaud Ruling Signals A New Era For Cyberinsurance

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    The recent Delaware Supreme Court ruling in Travelers v. Blackbaud shows that cyberinsurance is moving into a second maturity phase, in which insurers will increasingly attempt to recover their payments from vendors and insureds will face new pressure to justify cyber incident reimbursements, say Steven Teppler at Mandelbaum Barrett and Jade Davis at Shumaker.

  • 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.

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