Commercial Contracts

  • June 05, 2026

    9th Circ. Revives Tribal Smoke Shop Owner's RICO Suit

    Officials with the Colorado River Indian Tribes must face a lawsuit brought by a smoke shop owner who claims they wrongfully evicted his business and stole its inventory, the Ninth Circuit ruled in a published opinion, saying tribal employees aren't automatically shielded by sovereign immunity.

  • June 05, 2026

    Hotel Investment Firm Settles SEC Claims Of $86M Fraud

    A hotel investment firm and its founder have settled claims brought by the U.S. Securities and Exchange Commission accusing the company of raising about $86 million through "deceptive conduct," with a Texas federal judge signing off on the settlement Friday.

  • June 05, 2026

    Musicians Say UMG, Warner Stiffed Them On AI Licensing

    The American Federation of Musicians of the United States and Canada claims Universal Music Group and Warner Music Group violated its members' collective bargaining agreement by licensing sound recordings to two artificial intelligence companies without compensating the musicians involved, according to a lawsuit filed Friday in New York federal court.

  • June 05, 2026

    Texas Justices To Weigh Timeliness Of Railcar Damage Suit

    The Texas Supreme Court has agreed to hear a challenge to a roughly $10 million verdict issued against a company that let corrosion deteriorate railcars it had rented, with the court set to weigh whether the suit was filed in time.

  • June 05, 2026

    Developers Say Bank Shared Financials On Debt Buyer Site

    A pair of well-known Boston real estate developers claimed in a lawsuit Friday that Eastern Bank and debt marketplace DebtX publicly disclosed personal financial statements they had submitted in support of a commercial real estate loan.

  • June 05, 2026

    Ex-Mich. Hockey Team Exec Loses Appeal In Team Sale Suit

    A Michigan appeals court panel has declined to revive former Muskegon Lumberjacks executive Michael McCall's lawsuit seeking a cut of the minor league hockey team's sale, reasoning that McCall did not actually broker the deal. 

  • June 05, 2026

    4th Circ. Upholds Sanctions For Late Copyright Damages Info

    The Fourth Circuit affirmed a ruling that excluded a software company's damages evidence and granted summary judgment to its competitor, saying in a published opinion Friday that the plaintiff's repeated failure to disclose its damages calculation justified sanctions that effectively doomed its copyright, false advertising and contract claims.

  • June 05, 2026

    Colo. Panel Says Medical POA Doesn't Extend To Arbitration

    A medical power of attorney does not let an agent agree to arbitration unless that power is expressly granted, a Colorado appeals panel held, affirming a nursing home's loss in its bid to force arbitration in a negligence and wrongful death suit.

  • June 05, 2026

    CoStar Gets Antitrust Suit Paused Pending Transfers

    A Virginia federal judge granted commercial real estate information company CoStar's request to pause a brokerage's proposed antitrust class action due to pending transfer motions.

  • June 05, 2026

    Citizens Says $470K In Sanctions Overdue In Contempt Bid

    Citizens Financial told a Pennsylvania federal court Friday a contractor that unsuccessfully sued the bank over a worker's undetected theft is late paying nearly $470,000 in sanctions, arguing the former plaintiff has to pay up even as its appeal is pending.

  • June 05, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen the U.K.'s oldest Indian restaurant launch an appeal against King Charles III's property company in an effort to stop its eviction, trustees of a bankrupt former EY tax partner file a claim against his wife, and 37 leading insurers bring a lawsuit against agrichemical company Syngenta over an insurance dispute. Here, Law360 looks at these and other new claims in the U.K.

  • June 04, 2026

    Swipe-Fee Class Opposes Rethink For Sanctioned Injury Firm

    Personal injury firm Betz & Baril PLC and its referral partner ClickFunds have no grounds to seek reconsideration or clarification on a New York federal judge's sanctions for misleading would-be class members in long-running antitrust litigation against Visa and Mastercard, the merchant class said Thursday.

  • June 04, 2026

    Atkore Inks Additional $50M Deal In PVC Pipe Antitrust Row

    Atkore Inc. has reached another settlement in litigation claiming it conspired with other polyvinyl chloride pipe producers to fix prices, this time agreeing to pay $50 million to a class of end-user plaintiffs, according to a motion for preliminary approval of the deal filed Thursday in Illinois federal court.

  • June 04, 2026

    Alibaba's Money-Back Guarantees Are 'Illusory,' Shoppers Say

    Chinese e-commerce giant Alibaba Group Holding makes "illusory" money-back guarantee and refund promises if shipped items are damaged or missing, despite it having "unfettered discretion" to choose whether to provide refunds regardless of the evidence provided by customers, according to a proposed class action in California federal court. 

  • June 04, 2026

    DR Horton, Forestar Push To End Delaware Lot Deal Suit

    Real estate developer Forestar Group Inc. and its directors urged the Delaware Chancery Court on June 4 to toss a shareholder suit accusing home builder D.R. Horton Inc. of using its control of Forestar to obtain residential lots at below-market prices, arguing the pension fund behind the case skipped a required step before suing.

  • June 04, 2026

    2nd Circ. Rejects Bid To Rehear $16B YPF Argentina Ruling

    The Second Circuit will not review its decision this year reversing a New York judge's $16 billion judgment against Argentina arising from its nationalization of YPF SA, the country's largest oil and gas exploration company, despite arguments that the ruling was "profoundly misguided."

  • June 04, 2026

    Texas Oil Exec Mulacek Hits Ch. 11 With $210M Judgment Debt

    Empire Petroleum Corp. Chairman Philippe Mulacek filed a Chapter 11 petition Thursday, pausing enforcement efforts against him over a more than $210 million judgment in a long-running Texas federal court fight with Swiss financier Carlo Civelli.

  • June 04, 2026

    Flyers Ask Full 5th Circ. To Rehear CrowdStrike IT Outage Suit

    Airline passengers have asked the full Fifth Circuit to review a panel decision rejecting their proposed class action alleging the cybersecurity firm behind 2024's crippling global IT outage should be held liable for stress and physical injuries they suffered while stranded by delayed or canceled flights.

  • June 04, 2026

    Miami F1 Track Flaw Suit Settles At Start Of Trial

    After trying and failing to boot the judge overseeing a case over the construction of a track that failed during the Formula 1 Miami Grand Prix race in 2022, a British racetrack consultant avoided a trial with a last-minute settlement.

  • June 04, 2026

    CBD Oil Co., Hemp Farm Spar Over $1.7M Contract Suit

    A Washington hemp farm is suing CBD oil processor AgroRefiner LLC, alleging it breached a contract to buy 2.5 million pounds of biomass and owes $14.7 million, while AgroRefiner has filed counterclaims alleging that the biomass didn't meet the standards of the agreement.

  • June 04, 2026

    Insurer Says Background Check Missed Worker's Arson Case

    A North Carolina-based staffing agency and its background-check contractor allegedly failed to flag that a job applicant for a Scranton, Pennsylvania, warehouse was awaiting trial on arson-related charges, and the warehouse's insurer claims in a federal lawsuit that makes them liable for the damages after that worker set a fire at his new job.

  • June 04, 2026

    Realty Rival, Directors Barred From Poaching Brokerage Staff

    Two former sales directors for a real estate brokerage must stop recruiting former coworkers for a rival company that hired them, North Carolina's business court has said, finding the new employer should also be barred from meddling with more of the brokerage's employment contracts.

  • June 04, 2026

    USW Drops Saint-Gobain Retiree Healthcare Change Suit

    The United Steelworkers union has dropped its lawsuit over materials manufacturer Saint-Gobain's changes to union retirees' healthcare plans, less than a week after losing a bid for a preliminary injunction and temporary restraining order.

  • June 04, 2026

    Live Nation Remedies Discovery To Wait On New Trial Motions

    A New York federal judge said that state attorneys general will have to wait on discovery to bolster their bid for a Live Nation Entertainment Inc. breakup, preferring to first tackle the live music giant's bid to upend jury findings faulting the company for monopolizing the industry.

  • June 04, 2026

    Judge Won't Rethink Insurer's Duty To Cover Data Center Row

    A California federal judge refused to allow Navigators Specialty Insurance Co. to file a reconsideration motion for a prior ruling that dismissed the insurer's claims in its coverage suit against a client company taken into arbitration over a California data center project.

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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