Commercial Contracts

  • October 16, 2026

    11th Circ. ERISA Exhaustion Shift Furthers Textualist Trend

    An Eleventh Circuit decision overruling decades-old precedent that took a strict view of when federal benefits law claims could be brought in court continues a trend of courts excising judicially imposed rules not contained in statutory text, attorneys say.

  • October 16, 2026

    NCAA Sues Ohio Gov. Over Athlete Eligibility Expansion

    The NCAA sued Ohio Gov. Mike DeWine on Friday, asking a federal judge to set aside the governor's executive order authorizing the state's universities to ignore the association's recently revised athlete eligibility rules.

  • October 15, 2026

    Fla. Body Armor Dealer On The Hook For $7M, Ukraine Says

    Ukraine's Defense Ministry petitioned a Florida federal court to enforce an approximately $7 million arbitral award it won against a body armor dealer on claims that some units in a shipment turned out to be defective and did not pass ballistic testing.

  • October 15, 2026

    Huawei Founder Played It Cool In FBI Interview, Jury Hears

    A former FBI agent on Thursday told a Brooklyn federal jury about an interview he conducted with Huawei founder and CEO Ren Zhengfei, saying the executive suggested that the Chinese telecommunications firm had no direct dealings with Iran and respected intellectual property rights.

  • October 15, 2026

    Fund Firms Lose $10M Fee Bid After Short-Swing Trial Win

    Kartoon Studios doesn't have to cover $10 million in legal fees for two investment firms that won a federal jury trial over short-swing profits, New York's trial court ruled, finding the indemnity provisions of the parties' agreements only cover the investors' purchase of Kartoon securities, not later share sales.

  • October 15, 2026

    California Judge Grants Discovery In Cannabis Debt Dispute

    An investor and a cannabis license holder will have to rework their lawsuit accusing a couple of scheming to steal majority ownership in a Los Angeles dispensary by creating $3.4 million in "phantom debt," a California state court judge ruled.

  • October 15, 2026

    Texas Appeals Court Says Perot VC Suit Belongs In Biz Court

    A Texas appellate court on Thursday found that a multimillion-dollar suit brought by a Dallas businessman against billionaire Ross Perot Jr. belongs in the Texas Business Court, saying the businessman's claims arose from the sale of a healthcare company.

  • October 15, 2026

    Toyota Must Face Minivan Defect Warranty Suit, Judge Says

    A California federal judge has largely allowed Toyota minivan drivers to proceed with their proposed class action alleging Toyota didn't repair defective second-row seat rails for months, ruling they sufficiently pled the warranty's purpose failed since it didn't repair or replace the parts within a reasonable time frame. 

  • October 15, 2026

    Ex-Racing Director Says Deleted Texts Don't Merit Sanctions

    The former competition director for NASCAR superteam Joe Gibbs Racing LLC said his "candor" should save him from sanctions after he admitted to deleting text messages with the owner of a rival team before his old employer sued him for trade secrets theft.

  • October 15, 2026

    Banks, Credit Union Escape Pig Butchering Scam Suit

    Several financial institutions have been released from a suit brought by a California couple accusing them of allowing a so-called pig butchering investing scam that cost the pair $600,000, with a federal judge ruling the couple does not show how the defendants are liable for the harm, and that some of the claims were brought too late.

  • October 15, 2026

    Dish, Disney Working On Deal In Sling TV Suit

    Dish Network told a New York federal court that settlement discussions are in progress for Walt Disney Co.'s breach of contract suit that challenged the satellite provider's short-term Sling TV passes and spurred Dish to lodge antitrust counterclaims over Disney's carriage licensing deals.

  • October 15, 2026

    LIV Golf, Jon Rahm Reach Separation Agreement

    LIV Golf is asking a New Jersey bankruptcy judge to ratify a deal with Jon Rahm to allow the golfer to cancel his contracts and exit the embattled league.

  • October 15, 2026

    Josh Cellars Cos. Say Court, Not Jury, Must Decide Defenses

    Entities that help manage and market Josh Cellars wines say a Connecticut state judge, not a jury, must decide fairness defenses in former company president Thomas Steffanci's bid for millions in royalties, urging the judge to decline Steffanci's request to revisit a September order as a November trial date looms.

  • October 15, 2026

    Earth Sues Ex-CEO Over Walmart Business, Arbitration

    Earth Enterprises Inc. and two affiliated investment entities have sued former company chief Philippe Meynard in the Delaware Chancery Court, seeking to block him from expanding a Massachusetts arbitration while also accusing him of hiding the loss of Walmart business before a 2021 sale and later putting his own interests ahead of Earth Enterprises. 

  • October 15, 2026

    Union Can't Arbitrate Quarrel Over Kraft Retiree Benefits

    A Delaware federal judge blocked a Teamsters union from arbitrating claims that the Kraft Heinz Company improperly withheld health benefits from retirees, ruling the parties' collective bargaining agreement makes clear that the dispute must be resolved through different means.

  • October 14, 2026

    Boies Schiller Adds Ex-DOJ Civil Division Leader In NY, DC

    Boies Schiller Flexner LLP has added a former deputy assistant attorney general in the U.S. Department of Justice's Civil Division to its global investigations and white collar teams in New York and Washington, D.C., according to an announcement made Wednesday.

  • October 14, 2026

    Perrigo To Pay $10M To End Consumer Gerber Antitrust Suit

    Perrigo will pay $10 million to consumers accusing the company of cutting an anticompetitive agreement with Gerber to maintain a monopoly in the store-brand infant formula market, according to a motion filed in New York federal court Tuesday.

  • October 14, 2026

    Farmers Insurer Must Face Proposed Class Life Policy Claims

    A Seattle federal judge refused on Tuesday to toss a proposed class action against a Farmers Insurance subsidiary, concluding the plaintiff has leveled valid contractual and consumer protection claims based on contentions that the insurer overcharged for life insurance and underpaid interest on policyholder accounts.  

  • October 14, 2026

    Atty Sanctioned For Vulgar Emails To Opposing Counsel

    A Texas federal magistrate judge has sanctioned an attorney who serves as principal for an oil and gas exploration company locked in a trade secret misappropriation case with a rival after opposing counsel complained of his expletive-ridden emails containing ad hominem attacks.

  • October 14, 2026

    Genentech Wins Judge's OK Of $18M Novartis Award

    A D.C. federal judge has enforced a nearly $18 million arbitral award against Novartis Pharma AG following its dispute with biotechnology firm Genentech Inc. over a licensing agreement for an eye medication.

  • October 14, 2026

    2nd Circ. Skeptical Of Reviving $4.4M 'Multiplex' COVID Suit

    A Second Circuit judge cast doubt Wednesday on a Connecticut medical practice's claim that insurers owe $4.4 million for COVID-19 testing, noting that the tests at issue were actually for nearly two dozen viruses and were vastly more expensive than those that only detected the novel coronavirus.

  • October 14, 2026

    Whoopi Goldberg's Pot Co. Must Take Fraud Claim To Trial

    A New Jersey state judge tossed a landlord's lawsuit seeking unpaid rent from television personality Whoopi Goldberg's cannabis company, finding that the proposed dispensary lacked required municipal approvals, but said a jury must decide whether the landlord, a former mayor, fraudulently misrepresented the property's licensing status.

  • October 14, 2026

    Jury Says Homebuilder Owes $21.6M For Sewer Gas Exposure

    A Texas jury hit a Fort Worth homebuilder with a $21.6 million verdict after finding the company built plumbing vents that ended in the attic of a custom home, causing sewer gas exposure for the family that lived there and leading to lasting health issues.

  • October 14, 2026

    LIV Golf OK To Tap $54M, Enter Into RSA Amid Player Talks

    LIV Golf secured a New Jersey bankruptcy judge's blessing on Wednesday to borrow $53.6 million in Chapter 11 and assume a $300 million restructuring agreement, giving the debtor more time to try to persuade players to join the revamped, golfer-owned league it has dubbed LIV 2.0.

  • October 14, 2026

    Litigation Funding Partners Clash Over Shift In Del. High Court

    Priority Pre-Settlement Funding LLC and Brett K. Findler urged the Delaware Supreme Court on Wednesday to revive claims accusing Findler's former business partner of quietly shifting their litigation-finance business into hedge funds the partner controlled, while the other side argued Findler knew about the new structure, agreed to it and helped put it in place.

Expert Analysis

  • Notable Q1 Updates In Insurance Class Actions

    Author Photo

    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • Safeguarding RWI Coverage As Materiality Focus Persists

    Author Photo

    As first-quarter broker claims reports reveal that materiality disputes remain a key driver of representations and warranties insurance claims, the scarce case law in this area indicates that including a materiality scrape provision in an RWI policy may aid policyholders with recovery, say attorneys at Reed Smith.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

    Author Photo

    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • Enviro Ruling And A New Law Signal Shift In La. Legacy Cases

    Author Photo

    Together, a Louisiana state court decision in WMH Farms v. Apache Corp. and an incoming statutory regime signal a sea change for legacy litigation in Louisiana, as courts make it harder to establish proof of contamination, and lawmakers narrow available remedies once contamination is proven, says Philip Wood at Jones Walker.

  • DOJ's Stance On Antitrust And Patent Law Reflects Balance

    Author Photo

    Recent statements of interest in patent litigation and a speech from a key U.S. Department of Justice official communicate the view that strong patent rights and competition policy are complementary, and offer important guidance for intellectual property practitioners and businesses navigating patent enforcement, standard‑setting and licensing, say attorneys at Wiley.

  • 2 AI Snafus Show Why Attys Can't Outsource Judgment

    Author Photo

    The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

  • Assessing The 9th Circ.'s Recent Stock Drop Dismissal Trend

    Author Photo

    The recent decision in Nova Scotia Health Employees' Pension Plan v. Comerica is an important circuit-level addition to the growing trend of Ninth Circuit securities class action dismissals on loss causation grounds, which have used a contextual analysis premised on stock drops that are modest, typical and short-lived, say attorneys at Paul Weiss.

  • Series

    Playing Magic: The Gathering Makes Me A Better Lawyer

    Author Photo

    The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

  • Improving Well-Being In Law, 10 Years After Landmark Study

    Author Photo

    An important 2016 study revealed significant substance abuse and mental health issues among lawyers, and while the findings helped normalize the conversation around these topics, a decade later, structural change is still needed, says Denise Robinson at PLI.

  • Contract Language Reigned Supreme In Bancorp Dismissal

    Author Photo

    A Minnesota federal court's recent dismissal of claims over U.S. Bancorp's cash sweep program underscores that clear contractual disclosures hold weight in class actions, demonstrating the power of contract language that plainly indicates terms, fiduciary limits and institutional benefits to customers, says Quin Seiler at Winthrop & Weinstine.

  • Series

    Officiating Football Makes Me A Better Lawyer

    Author Photo

    Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

  • Series

    Law School's Missed Lessons: How To Draft Pleadings

    Author Photo

    Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

  • What Employers Should Know About Wash. Noncompete Ban

    Author Photo

    Washington state recently passed one of the most expansive prohibitions on noncompetes in the country, marking a significant shift in the state's approach to restrictive covenants and requiring employers to carefully assess how this change will affect their current and future agreements, say attorneys at Cozen.

  • Evaluating Congressional Investigation Risk In Deal Diligence

    Author Photo

    Given the increasing frequency and sophistication of congressional investigations into corporate business practices, companies conducting transactional due diligence should add procedures to assess and mitigate the unique challenges and wide-ranging risks that can arise from Capitol Hill’s scrutiny, say attorneys at Covington.

  • E-Discovery Quarterly: Recent Rulings On ESI Control

    Author Photo

    Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Commercial Contracts archive.