Commercial Contracts

  • May 20, 2026

    Bayer Curbs Seed Loyalty Program Amid DOJ Antitrust Inquiry

    Bayer CropScience has agreed to back off, for the next seven years, from implementing requirements in its loyalty program where it was accused of tying discounts to sales targets that independent seed companies had to meet, according to the U.S. Department of Justice's announcement made Wednesday.

  • May 20, 2026

    Jack In The Box Can't Dodge Franchisees' Indemnity Claim

    A Washington state judge Tuesday denied Jack in the Box Inc.'s effort to sidestep liability for job postings that allegedly violated a Washington pay transparency statute, ruling that two franchisees suing the fast-food giant adequately stated an equitable indemnity claim under California law.

  • May 20, 2026

    Top 4 Most Surprising Moments In Musk-OpenAI Trial

    The high-profile trial over Elon Musk's challenge to OpenAI's for-profit conversion wrapped Monday with a quick jury verdict in favor of OpenAI and its executives, but the three-week trial drew some surprising moments for those in the courtroom who had front row seats to the fight between billionaires.

  • May 20, 2026

    Baltimore Bridge Wreck Civil Trial Will Stay The Course

    A Maryland federal judge on Wednesday refused an eleventh-hour request from the Dali cargo ship's owner and manager to delay a trial that's starting in less than two weeks to determine the scope of liability and damages over Baltimore's Francis Scott Key Bridge disaster, according to an attorney for certain claimants.

  • May 20, 2026

    Salad JV Partner Sued Over Cash Distribution Freeze

    Taylor Fresh Foods Inc. sued Fresh Express Vegetable LLC in Delaware Chancery Court Wednesday, accusing its joint venture partner of improperly withholding millions of dollars in required cash distributions while trying to force out the venture's longtime chief executive.

  • May 20, 2026

    Pipeline Co. And JB Hunt Settle Easement Fight

    A pipeline company voluntarily dismissed its lawsuit against J.B. Hunt in Illinois federal court Wednesday after accusing the shipping giant of planning to build a parking lot over its pipeline's right of way, saying they've reached a settlement.

  • May 20, 2026

    Colo. Fence Co. Says Rival Stole Trade Secrets, Customers

    A Colorado fencing distributor has alleged in federal court that a private equity-backed competitor, its subsidiary and a former sales manager orchestrated a scheme to steal the distributor's trade secrets rather than pay $7 million to acquire the company.

  • May 20, 2026

    Boeing Says NASA Program Contract Claim Came Too Late

    The Boeing Co. asked a Washington federal judge to dismiss a breach of contract claim as untimely from a Colorado aerospace company alleging theft of its patented technology, according to a motion for judgment on the pleadings.

  • May 20, 2026

    SpinX Says Social Casino Suit Belongs In Arbitration

    A Hong Kong company that publishes free "social casino games" has asked a California federal court to send to arbitration a proposed class action accusing it of violating state gambling laws, saying the lead plaintiff agreed to arbitrate when he first opened the apps.

  • May 20, 2026

    Armenian Game Maker Won't Give Up Source Code, Suit Says

    The parent of video game company Big Fish Games has sued an Armenian game developer in Washington state court, alleging that when it took ownership of Big Fish, it discovered source code missing from materials returned by the Armenian firm that it has not been able to recover.

  • May 20, 2026

    Error In Policy Doesn't Double Coverage, Insurer Says

    An insurer told a Florida federal court Wednesday that a clerical error in a property policy should not allow a waste management company to collect more than twice the coverage it bargained for after a March 2025 fire. 

  • May 20, 2026

    Ballot Group Backs Ark. In 8th Circ. Gaming Permit Dispute

    A ballot group at the center of a voter referendum that revoked an Arkansas gaming permit for Cherokee Nation Entertainment is backing the state's right to enforce the ballot measure in the Eighth Circuit, arguing that state and Prohibition-era Supreme Court precedent confirms there's no protectable property interest in the license.

  • May 20, 2026

    Lendlease Wants NC Military Housing Suit Tossed

    Lendlease Americas Inc. pushed for dismissal of a suit filed by U.S. military families who accused it and other companies of running uninhabitable homes on North Carolina's Marine Corps Base Camp Lejeune, arguing in North Carolina federal court that the plaintiffs are mistaken about the company's arguments for dismissal.

  • May 20, 2026

    Atlanta Law Firm Beats Attempt To Revive RE Malpractice Suit

    The Georgia Court of Appeals rejected an attempt to revive a malpractice suit filed against an Atlanta-based law firm for allegedly shoddy work on a title search in connection with a real estate property purchase, saying Wednesday the suit came too late.

  • May 20, 2026

    OpenAI Says ChatGPT Misuse Is Users' Responsibility

    OpenAI has asked a federal judge in Chicago to end an insurance company's suit alleging it practices law without a license, arguing the complaint should be directed toward individuals who misuse the company's ChatGPT bot to file faulty motions, and not the generative AI platform itself.

  • May 20, 2026

    Builder Not Covered In Home Construction Fight, Insurer Says

    A builder accused of causing significant delays and increased costs during the construction of a custom home in North Carolina is not entitled to coverage, the company's insurer told a federal court, saying the underlying suit did not allege bodily injury or property damage.

  • May 19, 2026

    9th Circ. Leans Toward FCC In Appeal Over SIM Card Beef

    The Ninth Circuit seemed to have its doubts Tuesday that the Federal Communications Commission made the wrong call in finding it had no say over a Haitian mobile carrier's decision to deactivate SIM cards that were brought into the United States and used to evade international calling rates. 

  • May 21, 2026

    CORRECTED: Asus Reaches Deal To End Some Wi-Fi Patent Suits

    Sisvel's patent pool has reached a deal with Taiwanese electronics manufacturer Asus to license its standard essential pool of Wi-Fi multimode patents, resolving a swath of litigation but leaving at least one case pending in Texas federal court against an Asus subsidiary. 

  • May 19, 2026

    Davis Wright Adds Former Amazon Atty As Partner

    Davis Wright Tremaine LLP has recruited former Amazon in-house counsel Kevin Kramer to join its Seattle office, the law firm announced Tuesday, highlighting his track record of representing the e-commerce giant in consumer class actions and other commercial disputes.

  • May 19, 2026

    4th Circ. Revives Freight Broker Suit After High Court Ruling

    The Fourth Circuit on Monday revived a South Carolina widow's lawsuit alleging that freight broker Echo Global Logistics negligently selected the trucking company involved in the 2022 accident that killed her husband, days after a U.S. Supreme Court ruling established that freight brokers can face state-based tort claims.

  • May 19, 2026

    Colo. Co. Seeks More Boeing Discovery In NASA IP Fight

    A Colorado aerospace company claimed The Boeing Co. has failed to disclose numerous witnesses and records through discovery in the company's lawsuit accusing Boeing of stealing its patented technology to use on NASA's Artemis moon exploration program, according to a motion to compel filed in Washington federal court Monday.

  • May 19, 2026

    Fed. Circ. Rehearing Sought In $18M Penile Implant Dispute

    The Federal Circuit has been asked to have another look at a decision that largely reversed a California federal jury verdict that awarded $18.3 million to International Medical Devices Inc. in a trade secret case related to penile implants.

  • May 19, 2026

    Valve's Pivot On Gamer Arbitrations Gives Wash. Judge Pause

    A Washington federal judge Tuesday appeared conflicted over Valve Corp.'s bid for a court order to block hundreds of gamers from arbitrating consumer protection claims, pressing the game developer on its evolving arbitration stance while suggesting users agreed to updated terms requiring such disputes to be resolved in court.

  • May 19, 2026

    BU Says Insurer Wrongly Denied COVID Claims Defense Costs

    Boston University says its insurer is refusing to cover $1.76 million in legal fees for the school's successful defense of a series of pandemic-era class actions, improperly relying on policy exceptions for claims based on "wrongful acts," according to a lawsuit filed Tuesday.

  • May 19, 2026

    Ill. Justices Wary Of Uber's Push To Arbitrate Fatal Crash Suit

    Illinois Supreme Court justices on Tuesday pressed an attorney for Uber to explain how a widow's arbitration agreement through her own ride-sharing account is applicable to the wrongful death claims she has filed on behalf of her husband, who died as a passenger on a ride booked through his own Uber app. 

Expert Analysis

  • How The New Tariff Landscape May Unfold

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    To replace tariffs formerly imposed under the International Emergency Economic Powers Act, the administration will rely on a patchwork of statutes, potentially leading to procedural challenges and a complex tariff landscape with varying levels, durations and applicability, says Joseph Grossman-Trawick at King & Spalding.

  • What GCs Should Keep In Mind When Developing AI Addenda

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    When general counsel develop their own customer-side artificial intelligence addenda to be used as the baseline for negotiations with AI vendors, they should take care to rightsize the addenda relative to their organization's size, complexity and bargaining power, say attorneys at Polsinelli.

  • 2nd Circ. Kazakh Ruling Clarifies RICO Rule, FSIA Exception

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    The Second Circuit's recent Yerkyn v. Yakovlevich ruling, dismissing a Racketeer Influenced and Corrupt Organizations Act claim, demonstrates that RICO's domestic injury requirement is a merits question, and reaffirms the Foreign Sovereign Immunities Act's commercial activity exception, says Brant Kuehn at Greenspoon Marder.

  • Character.AI Case Highlights Agentic AI Liability Questions

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    The recently settled litigation against Character Technologies Inc. provides an early case study for exploring salient legal issues related to agentic artificial intelligence, such as tort liability, strict liability, statutory liability and contractual liability, says Samuel Mitchells at Smith Gambrell.

  • How DOL Rule Would Preserve App-Based Contractor Work

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    The U.S. Department of Labor's proposed 2026 independent contractor rule reinforces the centrality of worker autonomy and entrepreneurial opportunity that characterize many app-based arrangements, and returns to a framework that may offer increased predictability for platforms and workers alike, say attorneys at Gibson Dunn.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • Compliance Takeaways Amid Subscription Practices Scrutiny

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    The Federal Trade Commission's prioritization of enforcement regarding deceptive billing and cancellation practices in recurring subscriptions, and new click-to-cancel rulemaking expected on the horizon, carry key takeaways for companies using recurring subscriptions to sell products or services, say attorneys at Arnold & Porter.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

  • What Kalshi Cases Reveal About State Authority, Regulation

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    Prediction markets like Kalshi have ignited complex legal battles that get to the heart of how novel financial products intersect with traditional state enforcement authority, and courts are already beginning to divide over whether federal law preempts state enforcement authority restricting these offerings, say attorneys at Holtzman Vogel.

  • What US Arms Sales Reforms Mean For Defense Industry

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    A recent executive order with the goal of increasing U.S. arms sales transparency, speed and government-industry collaboration carries both promise and risk for the defense industry as the government seeks to leverage the private sector and use commercial products for defense purposes, say attorneys at Fluet.

  • How Recent Del. Rulings Clarify M&A Deal Fraud Carveouts

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    Two recent Delaware decisions have provided clarity regarding when a party can or cannot rely on representations made during the course of an M&A transaction, particularly on the scope and enforceability of antireliance provisions, and on representations they knew or should have known were false, says Anthony Boccamazzo at Olshan Frome.

  • Aligning Microsoft Tools With NYC Bar AI Recording Guidance

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    The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from January and identifies practice tips from cases involving allegations of violations of consumer fraud regulations, the Fair Credit Reporting Act, employment law and breach of contract statutes.

  • 5 Different AI Systems Raise Distinct Privilege Issues

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    A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.

  • After Learning Resources: A Practical Guide For US Importers

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    Following the U.S. Supreme Court's Feb. 20 decision in Learning Resources v. Trump, U.S. importers and consumers on whom tariffs were imposed under the International Emergency Economic Powers Act can seek relief through existing administrative procedures or a yet-to-be-determined bespoke refund mechanism, and should plan for more changes in the tariff landscape, say attorneys at Baker Botts.

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