Commercial Contracts

  • February 24, 2026

    NC Firm Says Insurers Shirked Coverage For Forgery Loss

    A North Carolina law firm has sued its insurers over coverage for nearly $130,000 it lost as a result of a forged cashier's check and related wire transfer, saying the carriers wrongfully denied coverage despite ample evidence supporting its claim.

  • February 23, 2026

    NC Hotel Bedskirt Biz Spat Pared After Rocky Trial Start

    A North Carolina Business Court judge on Monday pared certain claims from a corporate mismanagement suit on the first day of trial after hours of testimony from a minority member who accused the majority owner of defrauding the business, following a benchslap in which the judge chewed him out for his tardiness.

  • February 23, 2026

    Flyers Seek TRO In Alaska-Hawaiian Merger Antitrust Suit

    Airline passengers are urging a Hawaii federal judge to preserve Hawaiian Airlines as a standalone carrier, contending in a recently revived antitrust lawsuit that Hawaiian's 2024 merger with Alaska Airlines has harmed consumers with higher fees, reduced routes and eroded frequent flyer rewards.

  • February 23, 2026

    Disney Slams Dish's Antitrust Counterclaims In Sling TV Suit

    The Walt Disney Co. and ESPN urged a New York federal court to toss Dish Network's antitrust counterclaims accusing Disney of forcing it to carry less desirable channels in order to gain access to the "must-have" ESPN, saying Dish's refusal to adapt as streaming platforms evolve is not Disney's fault.

  • February 23, 2026

    Court Rejects $5.8M Fee Bid In Puerto Rico Funds Case

    A Puerto Rico federal judge denied an investment firm's bid for $5.8 million in attorney fees after the firm brought successful countersuit claims against investors, finding that the commonwealth's corporations law, which governs the case, prohibits legal fees absent a finding of obstinacy.

  • February 23, 2026

    American Airlines' Contract Battle With JetBlue Stays In Texas

    The Texas Business Court has denied a bid by JetBlue to escape a lawsuit alleging the airline neglected to pay American Airlines money it owed as a part of a profit-sharing agreement, finding the court has jurisdiction to hear the case.

  • February 23, 2026

    Pickleball Paddle Maker Can't Shake Fraud Claims

    A Maryland federal judge denied a pickleball paddle maker's attempt to dodge USA Pickleball Association claims alleging that it submitted a prototype paddle for approval yet later made and sold a more powerful paddle that was never tested or approved.

  • February 23, 2026

    Insurer Found In Breach Of Duty In Timeshare Exit Co. Case

    Insurer RSUI Indemnity Co. Inc. breached its duty to defend timeshare exit company Reed Hein & Associates LLC from class claims that it engaged in deceptive practices and defrauded customers, a Washington federal judge said in a mixed summary judgment ruling.

  • February 23, 2026

    Firm Waived Arbitration When It Filed Fee Suit, Ga. Panel Says

    The Georgia Court of Appeals has reversed a trial court's order sending a fee dispute between litigation firm Herman Jones LLP and an ex-client to arbitration, ruling Monday that there's "no clearer act" waiving the arbitration provision than the firm's decision to file a lawsuit instead.

  • February 23, 2026

    Tempur-Pedic Maker Hits Mattress Seller With TM Suit

    The "world-famous" trademarks Tempur-Pedic and Sealy are being violated by a small mattress seller that is continuing to use the marks well beyond the end of a retail agreement, Sealy Technology LLC told a North Carolina federal court.

  • February 23, 2026

    Outdoors Co. Says Investor Allowed Trademark Rights Sale

    A Nevada investment company and two of its officers breached their contract with Colorado-based outdoor recreation company Exxel Outdoors LLC and allowed an unauthorized sale of Exxel's trademark rights to occur without notice, it alleged in Colorado state court.

  • February 23, 2026

    Catching Up With Delaware's Chancery Court

    Legal fee feuds, noncompete pact breach fights and post-closing "earnout" battles piled up in Delaware's equity and commercial law venues last week, with top jurists briefing lawmakers on efforts to better manage crowded dockets and expanded benches.

  • February 23, 2026

    Fed. Circ. Revives Cell Modem Patent Case

    The Federal Circuit on Monday reversed a Minnesota federal court's decision that two patents covering cellular modem technology were invalid, but refused to revive the patent owner's breach of contract claims.

  • February 23, 2026

    5th Circ. Says Atty Fee In Architecture IP Case Wasn't Explained

    The Fifth Circuit has vacated a $500,000 attorney fee award granted to the legal team representing a realty firm that was accused of infringing copyrighted designs for a senior living facility, finding that a federal judge had not explained the calculation behind that amount.

  • February 23, 2026

    Pretium's Ch. 11 Prepack Confirmed Over Opt-Out Objection

    Pretium Packaging LLC received approval Monday in New Jersey bankruptcy court for its prepackaged Chapter 11 plan of reorganization after a judge said an opt-out mechanism for third-party releases is a permitted means of gaining consent from creditors.

  • February 23, 2026

    Justices Reject Eni Natural Gas Project Feud

    The U.S. Supreme Court on Monday declined Italian energy giant Eni's bid to review a New York appellate court decision that it says "stretched the claim preclusion doctrine beyond all constitutional bounds," in a long-running and multifaceted dispute stemming from a deal over a billion-dollar Mississippi liquefied natural gas processing facility.

  • February 23, 2026

    Justices Reject Vegas Sun Bid To Revive Protective Pact

    The U.S. Supreme Court refused Monday to take up a Ninth Circuit decision that nixed an agreement protecting the Las Vegas Sun from the Las Vegas Review-Journal's alleged plan to drive it out of business.

  • February 20, 2026

    Jury Finds Co-Investors Breached Oil Terminal Project Deal

    A Texas business court jury on Friday sided with an investor who alleged he was almost edged out of a lucrative oil terminal project, deciding that his co-investors flouted the parties' contract.

  • February 20, 2026

    Bumble Allowed 'Massive' Data Breach, Class Action Claims

    Dating app Bumble failed to protect users' personal information stored in the company's information network, making it vulnerable to a recent data breach by a cybercriminal operation known as ShinyHunters, a Texas woman alleged in a proposed class action.

  • February 20, 2026

    Class Attys Allege Lead Counsel Is Hoarding $75M Sutter Fees

    Schneider Wallace Cottrell Kim LLP has urged a California federal magistrate judge to enforce the $75.4 million fee award in Sutter Health's $228.5 million deal resolving a decade-long antitrust fight, arguing lead counsel Constantine Cannon LLP "unilaterally" and "arbitrarily" cut SWCK's fees by nearly $800,000 while boosting its own.

  • February 20, 2026

    Valve's Anti-Troll Law Win Could Open New Doors

    The first jury verdict in the U.S. finding a patent owner violated state law meant to curb bad faith patent suits had unique circumstances that will be hard to repeat, but attorneys say Tuesday's decision still has them considering the little-used laws more closely.

  • February 20, 2026

    Chemours, Koura Beat Rivals' Refrigerant Antitrust Suit

    A North Carolina federal judge has tossed an antitrust lawsuit against DuPont spinoff the Chemours Co. FC LLC and a fellow refrigerant distributor, saying two of their rivals failed to plausibly allege an antitrust injury or conspiracy, among other requirements needed to keep the suit alive.

  • February 20, 2026

    Wireless Builders Want FCC Kibosh On Dish 'Shell Games'

    Dish Network has reneged on its promise to build a 5G network, and with that pledge rescinded, it has stopped paying the companies that were supposed to be doing the build out, placing all their operations at risk, those companies told the Federal Communications Commission.

  • February 20, 2026

    Ex-Exec Must Arbitrate Claims In CoStar DQ-Embroiled Spat

    A California federal judge sent most of a former Matterport executive's harassment and retaliation suit to arbitration, amid a suit that has prompted CoStar's efforts to disqualify Quinn Emanuel Urquhart & Sullivan LLP counsel in separate litigation.

  • February 20, 2026

    Lebanese Bank Challenges NY Jurisdiction In Terrorism Suit

    A Lebanese bank is urging the U.S. Supreme Court to review the Second Circuit's finding that it is subject to the personal jurisdiction of New York courts on claims over alleged assistance to Hezbollah by a bank it acquired, a decision that it says "entrenches a deep conflict among the lower courts."

Expert Analysis

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • FTC Focus: When Green Goals And Antitrust Law Collide

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    A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.

  • How Bankruptcy Law Caps Landlords' Rejected Lease Claims

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    With corporate bankruptcy filings for the first half of the year at a 15-year high, landlords should be prepared for commercial tenants to use the bankruptcy process to reject unwanted leases in order to lessen corporate footprints and improve liquidity, say attorneys at Mintz.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • How To Address Tariff-Related Risks In Commercial Contracts

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    Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • A New IP Game Plan For College Football Players

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    For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.

  • 11th Circ. Ruling Shows Federal Question Jurisdiction Limits

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    The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • Opinion

    The Fallout Of Drake's Defamation Suit Against UMG

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    Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • 2 Appellate Rulings Offer Clickwrap Enforcement Road Map

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    Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.

  • SDNY Ruling Reinforces Joint Steering Committee Obligations

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    The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.

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