Commercial Contracts

  • May 11, 2026

    Wash. Says Novartis Isn't Harmed By 340B Drug Pricing Law

    Washington is objecting to Novartis' attempt to block a state law that expands the discounts the drugmaker must provide under the federal 340B Drug Pricing Program, telling a federal court that worry about losing money doesn't constitute irreparable harm.

  • May 11, 2026

    Cannabis Co. Can't Block Discovery Despite Dismissed Claim

    A California state court denied a cannabis dispensary operator's request to block discovery, ruling that an investor who allegedly loaned it $1.2 million can continue seeking evidence even though his breach of contract claim had been dismissed.

  • May 11, 2026

    5th Circ. Wary To Flip IP Suit's 'Case-Terminating Sanctions'

    A Fifth Circuit panel seemed skeptical of a bid to undo "case-terminating sanctions" that a lower court leveled against a servicing company accused of stealing Philips North America LLC's trade secrets, saying Monday that the company admitted to deleting some files to cover its tracks.

  • May 11, 2026

    Colo. Trial Firm Seeks Fees Ruling In Case Against Injury Firm

    A trial law firm asked a Colorado state court to determine whether a personal injury firm the trial firm contracted with is entitled to fees after the defendant terminated the firms' of-counsel agreement and did so, the trial firm alleged, without good faith.

  • May 11, 2026

    Pharma CEO's Role In Ex-Exec's Contract Permits Deposition

    North Carolina's business court has refused to shield the CEO of biopharmaceutical firm United Therapeutics Corp. from being deposed in a trade secrets lawsuit against a former executive and his new employer, finding it reasonable to believe she was an "ultimate decision-maker."

  • May 11, 2026

    Fla. Panel Denies Arbitration In Nursing Home Death Suit

    A Florida state appellate court denied an arbitration bid in a wrongful death suit brought by the son of an elderly man who died in a nursing home, ruling Monday that the patient lacked the mental capacity to sign an agreement upon being admitted to the facility. 

  • May 11, 2026

    Packaging Co. Wins 2nd Block On Rival's Insulated Container

    A cold storage packaging company has won a second injunction barring a rival manufacturer from selling an insulated shipping container that allegedly infringes its patents, according to a North Carolina federal judge's order.

  • May 11, 2026

    Fed. Circ. Won't Rehear NASA Contractor Patent Fight

    The Federal Circuit declined to reconsider its ruling siding with a district court's decision to grant summary judgment to a NASA contractor over claims the contractor infringed a rotary wing vehicle patent owned by two California brothers.

  • May 11, 2026

    NC Tech Co. Says Supplier Botched Raytheon Battery Deal

    A manufacturer hired by defense contractor Raytheon to develop 270-volt battery packs for powering a weapon on the military's Apache helicopters has accused a business partner of repeatedly failing to meet various delivery deadlines for parts needed to produce the units.

  • May 11, 2026

    Brewery Says Eviction Bid Chases Profit From FIFA World Cup

    A Houston brewery asked a Texas state court on Monday to block its landlord from evicting it ahead of the 2026 FIFA World Cup, alleging the landlord manufactured lease defaults to retake the property and profit from its location near Houston's planned tournament fan zone.

  • May 11, 2026

    Ex-US Rep. Faces $1.4M Sanction In Venezuela Contract Fight

    Former Florida Congressman David Rivera, who was found guilty this month of failing to register as a foreign agent, is now facing a nearly $1.4 million sanction in New York, where the U.S. affiliate of Venezuela's state-owned oil company sued his consulting firm over a $50 million agreement that fell apart.

  • May 11, 2026

    Volvo Says Recalls For Faulty Backup Camera Moot Suit

    Volvo has urged a New York federal judge to dismiss a proposed class action alleging it sold cars with defective rear cameras that don't operate properly when in reverse, arguing the claims aren't ripe since the plaintiff didn't say he took advantage of remedies offered through the automaker's nationwide voluntary recalls.

  • May 11, 2026

    Bain-Linked Unit Accuses Sellers Of Secret Deals In TM Suit

    A Bain Capital portfolio company that manufactures hand and power tools has accused its distributors of making backdoor deals with unauthorized resellers to peddle trademarked products on online marketplaces such as Amazon without approval.

  • May 11, 2026

    Binance Takes Investor Suit Arbitration Bid To 11th Circ.

    Binance and former CEO Changpeng Zhao are asking the Eleventh Circuit to review a Florida federal judge's decision denying their bid to compel arbitration of a proposed class action alleging that the crypto trading platform knowingly violated U.S. regulatory requirements.

  • May 11, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled a varied mix of settlement approvals, political office disputes, transaction fights, emergency injunction bids and questions over how far the court can go to preserve records for litigation outside Delaware.

  • May 11, 2026

    ChatGPT Suit Points To Ups And Downs Of Pro Se AI Use

    A recent lawsuit against OpenAI highlights many of the hopes and anxieties about pro se litigants using generative artificial intelligence to churn out legal arguments. The technology raises concerns about confidentiality, hallucinations and ethical issues, but some access-to-justice advocates worry the lawsuit may hinder technology that might democratize legal services.

  • May 08, 2026

    Accounting Firm Accused Of Helping Director Usurp Dad's Co.

    SingerLewak LLP grossly mismanaged the assets of the late Ivan Reitman's production company at the direction of his filmmaker son, according to a derivative lawsuit filed in California state court.

  • May 08, 2026

    Telecom Tower Owners Found In Contempt Over Sale Defiance

    A New York federal judge said he is tired of his orders being ignored after years of overseeing a fight over a corporate coup, and has ruled to hold the majority shareholders of a telecommunications infrastructure firm "and the person who controls them" in contempt of court.

  • May 08, 2026

    Franchisees Say Jack In The Box Trying To 'Avoid' Calif. Law

    Two Jack in the Box Inc. franchisees have answered the fast-food giant's bid to avoid contributing to a legal settlement over allegedly noncompliant job postings by saying Jack in the Box is attempting to "avoid" a California law that could work against it.

  • May 08, 2026

    Amazon Studios Exec Led Kickback Scheme, Producer Says

    Amazon MGM Studios has done nothing to stop one of its senior staff from orchestrating a "pay-to-play" scheme in selecting post-production vendors, according to a new lawsuit filed by a producer who says his company was excluded from Amazon-affiliated productions when he refused to pay a kickback.

  • May 08, 2026

    Former H-2A Workers, Turf Farm Ink $850K Overtime Deal

    Former H-2A workers alleging a turf farm avoided paying them overtime by misidentifying their roles while having them do substantial, non-agriculture-related landscaping work told a Missouri federal judge Friday they've reached an $850,000 settlement to resolve the yearslong Fair Labor Standards Act litigation. 

  • May 08, 2026

    Texas Justices Order Appraisal In $40M Flood Damage Dispute

    Texas' highest court on Friday conditionally granted a mandamus petition by insurers seeking to compel appraisal in litigation over roughly $40 million in water damage to a Dallas property owned by a real estate development group.

  • May 08, 2026

    Embezzler's $250M Suit Against FanDuel Sent To Arbitration

    A New York federal judge has ruled that an arbitrator will decide a dispute between FanDuel and a former NFL team administrator convicted of embezzlement who accuses the online sports betting platform of taking advantage of his gambling addiction.

  • May 08, 2026

    Amtrak Wins Arbitration Bid In Passenger Injury Suit

    A Pennsylvania federal judge has sent to arbitration a personal injury suit accusing Amtrak of causing a passenger's injuries, saying the passenger agreed to arbitrate her claims by accepting Amtrak's online ticket terms.

  • May 08, 2026

    Venezuela Oil Co. Seeks Redo On Rig Seizure Claims

    Venezuela's state-owned oil company is urging the U.S. Supreme Court to revisit a D.C. Circuit opinion ordering the company to face long-pending allegations of unlawfully seizing an Oklahoma-based oil drilling company's rigs, arguing the ruling upends decades of precedent on the act of state doctrine.

Expert Analysis

  • 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.

  • 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.

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