Commercial Contracts

  • March 05, 2026

    Signal 'Never' Regular Biz Practice, Amazon Tells FTC Judge

    Amazon.com Inc. assailed the Federal Trade Commission for accusing the company of using auto-deleting Signal chats and improper privilege claims to hide evidence of rules that created an artificial pricing floor across online retail stores, telling a Washington federal judge that it never hid anything.

  • March 05, 2026

    9th Circ. Denies Bail Pending Nurse Wage-Fixing Appeal

    A Ninth Circuit panel summarily refused to allow a Las Vegas home nursing executive to avoid prison while appealing the U.S. Department of Justice's first-ever criminal wage-fixing conviction.

  • March 05, 2026

    Nielsen Urges 2nd Circ. To Nix Data Tying Order

    Ratings provider Nielsen has told the Second Circuit that a lower court injunction blocking it from conditioning access to its nationwide radio ratings data on the purchase of local market data intruded on its private price negotiations with radio giant Cumulus Media.

  • March 05, 2026

    Fed. Circ. Mulls Patents In Penile Implant Trade Secret Win

    A Federal Circuit panel on Thursday grilled both sides in a trade secret dispute over penile implants that resulted in an $18.3 million judgment against defendants, repeatedly questioning attorneys about whether existing patents doomed the trade secrets claimed by International Medical Devices and its founder, Dr. James Elist.

  • March 05, 2026

    Delta Evades OT Class Action Over Shift Swap Policy

    Delta Air Lines defeated a proposed class action Thursday in Georgia federal court alleging the airline unlawfully withheld increased pay for overtime hours that resulted from workers swapping shifts with each other. 

  • March 05, 2026

    Energy Firms Ordered To Split Trade Secrets Case Settlement

    A Texas Business Court judge ordered two energy companies to split a settlement that resolved a trade secrets case relating to cost-cutting measures taken on a $639 million acquisition of Shell assets, finding both parties were entitled to the settlement funds.

  • March 05, 2026

    4th Circ. Allows Insurer To Seek Arbitration In Foam Case

    The Fourth Circuit on Wednesday overturned an order barring Illinois Union Insurance Co. from seeking to arbitrate in London a dispute within multidistrict litigation over alleged contamination from firefighting foam for failing to obtain consent from co-lead counsel.

  • March 05, 2026

    Copyright Suit Over TikTok Livestream Software Trimmed

    A California federal judge has dismissed some of a lawsuit alleging TikTok copied a company's livestreaming software to create a new feature on the app, trimming a breach of contract claim and a request for statutory damages.

  • March 05, 2026

    Fla. Court Allows Chubb's Salvage Claim On Stolen Planes

    Chubb European Group SE can move forward with a counterclaim against an aircraft leasing company that alleges the insurer can claim 23 Boeing and Airbus aircraft stolen by Russia at the start of the Ukraine war as salvaged, a Florida state court ruled.

  • March 05, 2026

    Insurer Seeks Win In $6.3M Coverage Row With Pot Tester

    James River Insurance Co. is asking a Mississippi federal court to grant it a win in its suit to deny coverage of a $6.3 million default judgment against a cannabis testing company, saying the company breached its policy by not cooperating with the insurer.

  • March 05, 2026

    3rd Circ. Says Macy's Clear To Arbitrate Worker's Bias Suit

    The Third Circuit ruled that a white ex-Macy's store manager fired after a shoplifting incident can't pursue his race and sexual orientation discrimination case in court, homing in on a document the department store chain mailed to his home that clearly said disputes would be handled through arbitration.

  • March 04, 2026

    Musk Tells Jury 'Biased' Judge Forced His Twitter Buy

    Elon Musk testified Wednesday in a California federal trial over Twitter investors' claims that the billionaire tanked the company's stock to get a better deal and said he paid the full $44 billion offer price because the Delaware Chancery judge overseeing litigation over the sale was "extremely biased" against him.

  • March 04, 2026

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    If this month's circuit calendars were a March Madness bracket, we'd struggle to pick the top-seeded showdown. Big Pharma against the False Claims Act, or big business against President Donald Trump's visa fees? A big bank's view of "human life wagers," or en banc review in a State Farm class action?

  • March 04, 2026

    50 Cent's Liquor Boss Gets 2nd Delay Of Fraud Sentencing

    A former executive at rapper Curtis "50 Cent" Jackson's liquor brand got his fraud sentence delayed for a second time when a New Jersey federal judge questioned Wednesday whether the executive's hypothetical cooperation with the government could get fair consideration under his plea deal.

  • March 04, 2026

    Anadarko Gets 5th Circ. To Bless Coverage Win, Not Damages

    The Fifth Circuit agreed with Anadarko Petroleum Corp. that it can compel a contractor to pay for its legal defense in a fraud suit, but said Wednesday the lower court went too far in finding the contractor owed a duty to pay for certain damages categories.

  • March 04, 2026

    Chance The Rapper Stiffed Ex-Manager, Ill. Jury Hears

    Chance the Rapper's former manager went "all in" on helping the Chicago-based independent artist find worldwide success based on a handshake agreement the rapper ultimately abandoned after his debut studio album performed worse than expected, an Illinois state jury heard Wednesday.

  • March 04, 2026

    Volkswagen Sued Over Direct-To-Consumer Scout EV Offers

    Volkswagen offering to sell new electric Scout vehicles directly to customers is a "blatant" breach of its legal and contractual obligations to dealerships, two dealerships alleged in a putative class action filed in Virginia federal court that claims Volkswagen has already made at least $15 million from online reservation deposits on Scout's website.

  • March 04, 2026

    Colo. Court Weighs Nursing Facility $6.7M Indemnity Ruling

    A Colorado Court of Appeals panel grappled Wednesday with management service providers' bid for the court to uphold a more than $6.7 million indemnification against the skilled nursing facility operator they contracted with, asking counsel how conspiracy and state fraud claims are separable.

  • March 04, 2026

    Hayden AI Hits Co-Founder With Fraud, Trade Secret Claims

    Artificial intelligence startup Hayden AI has sued one of its co-founders, alleging that after it fired him for forging board signatures and improperly charging personal expenses, he took large amounts of trade secret data to start a competing company.

  • March 04, 2026

    Care Management Co. Accused Of Swiping Software Platform

    The developer of software used in the Medicare treatment arena has sued a customer care management company in Delaware Chancery Court, accusing it of wrongfully using the platform to create a competing application.

  • March 04, 2026

    Justices Mull Cracks In Freight Broker Liability Shield

    The U.S. Supreme Court appeared unsure Wednesday whether a federal law economically deregulating the commercial trucking industry also extends to shielding freight brokers from state-law liability for highway crashes that have killed or injured people.

  • March 04, 2026

    Google Agrees To More Android Changes In Deal With Epic

    Google and Epic Games offered a California federal court a new proposal Wednesday to modify an injunction issued in a monopolization case over the distribution apps on Android devices, while also reaching a broader agreement on global changes to the mobile operating system.

  • March 04, 2026

    Ex-NFL Player Challenges Adviser's Late Payment Demand

    Retired NFL player Mike Rucker and his wife on Wednesday urged North Carolina's business court not to let their former financial adviser countersue them for nonpayment, arguing he can't decide after 20 years that he deserves compensation when that was never the agreement.

  • March 04, 2026

    NC Judge Trims Co.'s $116M Investment Coverage Dispute

    A North Carolina state court has trimmed a company's suit claiming that its insurer obstructed its recovery of more than $116 million in coverage for an investment that didn't pay out on time, tossing a breach of contract claim while preserving bad faith and statutory violation claims.

  • March 04, 2026

    9th Circ. Hesitant To Revive Implant Suit Against Medtronic

    A Ninth Circuit panel cast doubt Wednesday on a Washington man's attempt to revive a negligence lawsuit against Medtronic for allegedly not assisting him when his spinal implant malfunctioned, hinting that his failure to find an expert witness to testify the device caused his pain may be fatal to the case.

Expert Analysis

  • 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.

  • Opinion

    AI-Assisted Arbitration Needs Safeguards To Ensure Fairness

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    As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, ​​​​​​​clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.

  • Logistics Update: What Immigrant Driver Rule Means For Cos.

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    The Federal Motor Carrier Safety Administration's new final rule restricting issuance of commerical driver's licenses for nondomiciled drivers will have immediate operational implications for motor carriers, but the broader effects will ripple through relationships between service providers and their sources of freight, including brokers and shippers, say attorneys at Benesch.

  • Series

    Playing Piano Makes Me A Better Lawyer

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    Playing piano and practicing law share many parallels relating to managing complexity: Just as hearing an entire musical passage in my head allows me to reliably deliver the message, thinking about the audience's impression helps me create a legal narrative that keeps the reader engaged, says Michael Shepherd at Fish & Richardson.

  • AI-Generated Doc Ruling Guides Attys On Privilege Risks

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    A New York federal court's ruling, in U.S. v. Heppner, that documents created by a defendant using an artificial intelligence tool were not privileged, can serve as a guide to attorneys for retaining attorney-client or work-product privilege over client documents created with AI, say attorneys at Sher Tremonte.

  • The Law Firm Merger Diaries: Leadership Strategy After Day 1

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    For law firm leaders, ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.

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