Commercial Contracts

  • January 16, 2026

    Amazon Beats Suit Claiming Misuse Of Forfeited 401(k) Funds

    A Washington federal judge has thrown out two workers' proposed class action accusing Amazon of using millions in abandoned retirement plan funds to offset its matching contributions instead of defraying administrative costs for participants, concluding Friday that the company followed the plan's terms.

  • January 16, 2026

    6th Circ. Revives Biomed Co. Investor's Suit Over Stock Sale

    The Sixth Circuit has ruled that a man who sold his stock in a biomedical research company just before being told the company planned to pursue private equity financing can bring his breach of contract and fiduciary duty claims, reversing a lower court's ruling granting summary judgment to the biomedical company.

  • January 16, 2026

    $29M Deal In Boeing Supplier Fraud Suit Gets Final OK

    A New York federal judge on Friday approved a $29 million deal to close out a suit alleging that Spirit AeroSystems Holdings Inc. misled investors by failing to disclose pervasive quality problems and a documented history of supplying its chief customer, The Boeing Co., with defective plane parts.

  • January 16, 2026

    DC Circ. Skeptical Of Reviving $53M Iraq Debt Suit

    A panel of the District of Columbia Circuit appeared wary during oral arguments Friday of a Jordanian company's position that statements made by Iraqi government officials encouraging it to file litigation to enforce a $53 million debt owed by the country meant it had waived its sovereign immunity.

  • January 16, 2026

    Chancery Won't Force Restart Of Calif. Plant Conversion Work

    Branding the proceeding "a big waste of our time," a Delaware vice chancellor denied on Friday a bid to preliminarily enjoin Air Products and Chemicals Inc. from terminating an agreement on the conversion of a Paramount, California, asphalt plant into a factory to make biofuel for aircraft.

  • January 16, 2026

    NuVasive Loses Appeal Over Ex-Exec's Ties To Competitor

    The Delaware Supreme Court on Friday affirmed the dismissal of NuVasive Inc.'s long-running lawsuit accusing a former top executive of breaching fiduciary duties and contractual obligations while planning to move to a rival spine-surgery company, ending nearly a decade of litigation over alleged conflicts and disloyal conduct.

  • January 16, 2026

    Judge Backs Employment Law Firm's 'Harmless Flirting' Ad

    A New York federal judge said an employment law firm would probably win its constitutional challenge to the rejection of a billboard advertising its willingness to sue companies that dismiss sexual harassment as "harmless flirting," calling a Syracuse airport authority's concerns that the ad pushed false information "nonsense."

  • January 16, 2026

    Pension Withdrawal Liability Math Gets High Court Spotlight

    The U.S. Supreme Court will zero in Tuesday on the methodology for assessing the liability of companies that pull out of multiemployer pension plans, hearing arguments in a case attorneys say could have costly implications for employers.

  • January 16, 2026

    OpenAI, Microsoft Must Face Musk Fraud Fight In April Trial

    A California federal judge denied OpenAI Inc.'s request for summary judgment on Elon Musk's claims OpenAI duped him into donating $38 million with false promises of remaining a nonprofit, while trimming some claims against Microsoft Corp. and sending the bifurcated dispute to an April jury trial.

  • January 16, 2026

    ChatGPT Users Say Microsoft Can't Duck Antitrust Suit

    ChatGPT subscribers urged a California federal judge Friday not to dismiss their lawsuit accusing Microsoft of undermining OpenAI by forcing the artificial intelligence giant into using its cloud computing exclusively, a day after they said Microsoft has no claim to alternatively force the proposed class action into arbitration.

  • January 16, 2026

    Comedians Say Sam Adams Used Ads Past Rights Expiration

    A trio of comedians has sued the company behind Sam Adams beer for continuing to use videos they recorded for a 2019 ad campaign after the company's right to their likenesses had expired, seeking compensation for the unauthorized use in Massachusetts state court.

  • January 16, 2026

    11th Circ. Won't Revive Fla. Remote School TM Suit

    The Eleventh Circuit has rejected an appeal from Florida Virtual School to revive its trademark infringement claims against a competitor, saying it had not shown evidence that it suffered actual damages as the result of any consumer confusion.

  • January 16, 2026

    Insurer Says Other Carrier Owes $23M For Old Policy Claims

    Sparta Insurance Co. said the former parent of an insurer it acquired reneged on its contractual obligations to handle and pay claims under policies issued before the acquisition, telling a Massachusetts federal court that it is owed more than $23 million in settlement payments, attorney fees and other costs.

  • January 16, 2026

    Conservation Easement Was $2.7M 'Swindle,' Investors Say

    Two investors have hit the Georgia-based managers of a syndicated conservation easement with a racketeering lawsuit, accusing the managers of lining their own pockets with nearly all the proceeds of a 2024 real estate sale to liquidate the fund.

  • January 16, 2026

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

    This past week in London saw the David Lloyd gym chain file an intellectual property claim against its founder, security company Primekings reignite a long-running dispute with the former owners of an acquired business, and a pair of Belizean developers sue a finance executive they say shut them out of a cruise port project.

  • January 15, 2026

    Getty Loses 2nd Circ. Bid Over $88M Stock Sale Breach Order

    A divided Second Circuit on Thursday upheld a ruling requiring Getty Images to pay out nearly $88 million to investors who said they were blocked from purchasing shares in the company once it became public, finding Getty breached a contract promising the investors those shares.

  • January 15, 2026

    Epic CEO, Google Execs To Testify At Play Store Deal Hearing

    Epic Games and Google plan to call Epic CEO Tim Sweeney, an economist, a Google executive and in-house counsel during an upcoming evidentiary hearing into their proposed Android app distribution settlement, which has drawn skepticism from the judge, who has appointed an economist to independently evaluate the deal.

  • January 15, 2026

    Energy Trader Says $5.5M Award Against Power Co. Is Valid

    A British Virgin Islands energy trading and logistics company has asked a Texas federal court to throw out a Guatemalan power plant operator's bid to vacate a $5.5 million arbitral award, saying the operator has never disputed that its debt is outstanding.

  • January 15, 2026

    Ex-WebAI Engineers Say Demos Were 'Faked' In Major Deals

    WebAI Inc. turned a blind eye to a company leader who not only targeted two successful technology engineers but imperiled high-stakes deals with Qantas Airways and the U.S. Department of Defense by allowing a "fake demo" and inaccurate presentations, former company engineers have told a North Carolina state court.

  • January 15, 2026

    NC Attys Can Withdraw From 'Unworkable' Nurses' Pay Row

    Two attorneys who said they had "irreconcilable differences" with nurse practitioners who did not meet their contractual financial obligations can withdraw their representation in a minimum wage lawsuit against their employer, a North Carolina federal magistrate judge ruled.

  • January 15, 2026

    6th Circ. Favors Comerica Bank In Ch. 7 Fraud Suit

    Comerica Bank is not liable for the actions of a former Chapter 7 liquidator, to whom the bank was paying fees during the bankruptcy of a tool manufacturer, the Sixth Circuit has found.

  • January 15, 2026

    Expedia Can Seek Singapore's Aid To Get Docs In Rival's Suit

    A Washington federal judge has granted Expedia's request to seek assistance from Singapore's court system to obtain documents from Trip.com to support its defense in an antitrust case filed by Switzerland-based bankrupt online hotel booking company Amoma Sarl.

  • January 15, 2026

    Visa, Mastercard Defend Swipe-Fee Deal Amid Objections

    Visa and Mastercard have again urged a New York federal judge to grant the first green light to a new settlement between the card issuers and a class of potentially millions of merchants to resolve two decades of antitrust litigation, pushing back against objections from Walmart and other merchant industry groups.

  • January 15, 2026

    Texas Justices Seem Open To Nixing Roofer's $4M Verdict

    The Texas Supreme Court seemed skeptical of a worker's claim that evidence of his consumption of a beer and half a joint six hours before he fell off a roof should not have gone before a jury, hinting Thursday that the contractor being sued may win its bid for a new trial.

  • January 15, 2026

    Judge Blocks Former LeafFilter Exec From Working For Rival

    An Ohio federal judge has issued an order enforcing a nonsolicitation and noncompetition agreement between a gutter guard company and a former executive who left to work for a rival and is accused of taking confidential trade secrets on his way out.

Expert Analysis

  • Sales And Use Tax Strategies For Renewables After OBBBA

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    With the One Big Beautiful Bill Act sharply curtailing federal tax incentives for solar and wind projects, it is vital for developers to carefully manage state and local sales and use tax exposures through early planning and careful contract structuring, say advisers at KPMG.

  • Series

    Writing Musicals Makes Me A Better Lawyer

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    My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.

  • Series

    Adapting To Private Practice: From Va. AUSA To Mid-Law

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    Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.

  • 7 Document Review Concepts New Attorneys Need To Know

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    For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.

  • FTC Actions Highlight New Noncompete Enforcement Strategy

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    Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.

  • How Trump's Space Order May Ease Industry's Growth

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    President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.

  • Liability Lessons From Luxury Cruise Thwarted By Sanctions

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    An ongoing legal dispute over a canceled luxury cruise to the North Pole reminds attorneys that liability can surface even before a ship leaves the dock — and that U.S. sanctions law increasingly lurks in the background of global travel contracts, says Peter Walsh at The Cruise Injury Law Firm.

  • Agentic AI Puts A New Twist On Attorney Ethics Obligations

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    As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

  • How GILTI Reform Affects M&A Golden Parachute Planning

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    Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.

  • Series

    Law School's Missed Lessons: Adapting To The Age Of AI

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    Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.

  • Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning

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    A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.

  • Demystifying The Civil Procedure Rules Amendment Process

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    Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.

  • How The 5th, DC Circuits Agreed On FCC Forfeiture Orders

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    The Fifth and D.C. Circuits split this year on the Federal Communications Commission's process for adjudicating enforcement actions, but both implicitly recognized the problem with penalizing a party based on a forfeiture order that has not yet been challenged in any way in court, says Jared Marx at HWG.

  • With Obligor Ruling, Ohio Justices Calm Lending Waters

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    A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.

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