Commercial Contracts

  • November 09, 2026

    Ohio Seeks Toss Of NCAA Challenge To Eligibility Order

    Ohio Governor Mike DeWine urged an Ohio federal court on Friday to toss the NCAA's lawsuit challenging his executive order allowing universities in the state to bypass new NCAA athlete eligibility rules for the class of 2022, noting that it's the schools that retain discretion.

  • November 09, 2026

    2nd Circ. Affirms $19.5M Win For Scholastic In Insurance Fight

    The Second Circuit has upheld a $19.5 million judgment for Scholastic Inc. following a fight with a Travelers unit over whether the insurer had to cover Scholastic's litigation expenses in a separate copyright and trademark infringement case.

  • November 09, 2026

    Meta Looks To Toss Facial Data AI Training Claims

    Meta Platforms Inc. has urged an Illinois federal judge to throw out a proposed class action accusing it of illegally harvesting Facebook and Instagram users' facial data to train artificial intelligence models, arguing that the plaintiffs cannot show their specific photos were used and that the company is exempt from Illinois' biometric privacy law because of its financial services subsidiary.

  • November 09, 2026

    Belichick's Ex Says Airbnb Hosts Leaked Ring Footage

    A Massachusetts couple who rented a home on Airbnb to Jordon Hudson while her relationship with ex-New England Patriots coach Bill Belichick was still not public shared Ring camera footage of the NFL legend that subsequently went viral and exposed their romance, according to a lawsuit accusing the property owners of invasion of privacy and breach of contract.

  • November 09, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week cleared the way for Cloudflare Inc. to seek immediate review of an injunction blocking a stock restructuring designed to preserve its founders' control, while setting a January hearing in a similar dispute over Meta Platforms Inc.'s plan to create nonvoting shares.

  • November 09, 2026

    Justices Pass On Reviewing MS Drug Arbitration Feud

    The U.S. Supreme Court on Monday passed on reviewing a Second Circuit decision that refused to add some $66 million to a $16.6 million arbitral award issued to Acorda Therapeutics in a multiple sclerosis drug dispute, rejecting a petition that sought clarity on when an arbitrator "manifestly disregards" the law.

  • November 09, 2026

    Justices Won't Review DOD, Subcontractor Software Feud

    The U.S. Supreme Court on Monday declined to review a dispute over rights to healthcare software for a U.S. Army veterinary records system, after the Federal Circuit held a defense subcontractor failed to present a valid contract claim.

  • November 09, 2026

    Construction Atty Joins Morgan Lewis From Thompson Hine

    Morgan Lewis & Bockius LLP continued the expansion of its Philadelphia team with the addition of an attorney specializing in construction litigation and government contracting who moved his practice after four years with Thompson Hine LLP.

  • November 06, 2026

    LA Judge Won't Toss $1.7M Freight Suit Against Vape Biz

    A vape manufacturer cannot escape a $1.7 million lawsuit over unpaid freight, a Los Angeles judge ruled, finding the complaint adequately pled to alter ego and fraud claims.

  • November 06, 2026

    FDIC Sued By Rural NY Hospital Over Failed Bank Loan

    New York-based Community Memorial Hospital Inc. has hit the Federal Deposit Insurance Corporation with a suit accusing it of wrongly refusing to insure or offset approximately $1.9 million in loan funds held at a failed Georgia bank, which the hospital claims threatens care for about 47,000 New Yorkers in rural communities.

  • November 06, 2026

    Threat Claims In $1M Usury Suit Need More Facts, Judge Says

    A lender can't fully escape claims that he charged illegal interest on a $1 million loan, a California state judge has ruled after trimming the borrowers' emotional-distress claim, which leaned on speculation that the lender had illicit ties to the cannabis industry.

  • November 06, 2026

    Peckar & Abramson Taps Martin Hild Attys For Denver Launch

    National construction law firm Peckar & Abramson PC has announced its expansion to Denver and the addition of two attorneys to the firm's practice in Colorado.

  • November 06, 2026

    'Halfhearted' Conferral Not Enough In Mosquito-Patch Feud

    A Florida federal judge denied a bid by a German mosquito-bite patch maker to compel arbitration of a dispute over a license and distribution agreement for the products, ruling that the company's "halfhearted" conferral attempt with opposing counsel violated local rules.

  • November 06, 2026

    Netlist Brings ITC, Calif. Patent Complaints Against Kingston

    Netlist has accused Lenovo, Kingston Technology Corp. and others of infringing various flash memory patents at the U.S. International Trade Commission, the same day it lodged a complaint against Kingston in California federal court.

  • November 06, 2026

    Dem Takeover Points To Reset On College Sports Legislation

    The looming Democratic takeover of both congressional chambers signals doom for quick action on college sports oversight, with a crowded calendar and the new majority's wishes to reshape the legislation emerging as roadblocks to a Senate-approved bill.

  • November 06, 2026

    Toshiba Must Post $549M Bond In Mich. Utilities Case

    Toshiba America Energy Systems Corp. must post a $549.5 million bond to prevent two Michigan utilities from collecting on a nearly $394.4 million judgment while it appeals, a Michigan federal judge ruled Friday, rejecting the company's argument that a state law capping appeal bonds should limit its financial obligation to about $37 million.

  • November 06, 2026

    Orrick Hires Fenwick Partner To Expand TM Practice In NY

    Trademark attorney Mark Jansen has joined ​Orrick Herrington & Sutcliffe LLP as a partner in New York after 15 years at Fenwick & West LLP, Orrick has announced.

  • November 06, 2026

    Law Firm Sues Sierra Leone Over $361K Legal Bill

    Law firm Cohen Seglias Pallas Greenhall & Furman PC claims in a complaint filed in D.C. federal court that Sierra Leone's government stiffed it on more than $300,000 in legal fees and costs after the firm defended it against earlier claims of unpaid fees by Jenner & Block.

  • November 06, 2026

    Medtronic Hit With Antitrust Suit Over Surgical Stapler

    Medical device giant Medtronic Inc. is unlawfully monopolizing the market for a type of medical stapler by blocking competitive product trials and using exclusionary bundling tactics in its deals with hospital customers, according to a rival's complaint in Massachusetts federal court.

  • November 06, 2026

    2nd Circ. Doubts Aetna's Push To Arbitrate Health Fund Fight

    The Second Circuit Friday appeared skeptical of Aetna's push to force arbitration of an insurance contract dispute with a multiemployer union health benefit fund, with judges pointing to circuit precedent that arguably undermined Aetna's position.

  • November 05, 2026

    Live Nation Cites 2nd Circ. Eyewear Ruling In Fighting Verdict

    Live Nation has told a New York federal judge that the Second Circuit's recent EssilorLuxottica ruling "bears on the market-definition issues" raised in Live Nation's post-trial motions challenging its antitrust trial loss, while enforcing states argued that the Ninth Circuit's recent NFL Sunday Ticket ruling reversal backs their trial win.

  • November 05, 2026

    Colo. Judge Denies Bid To Continue Hemp Venture Trial

    A Colorado federal judge denied a hemp entrepreneur's request to delay a trial in his suit accusing a family farm of stealing his share of hemp harvest, worth at least $9.9 million, saying he should have attached medical records if he was going to claim his health precluded him from attending.

  • November 05, 2026

    5th Circ. Pushes Texas To Explain ESG Energy Boycott Law

    A Fifth Circuit panel pushed the state of Texas to explain how a law restricting state investments with businesses that want to cut their reliance on fossil fuels passes constitutional muster, saying Thursday there "seems to be an arbitrariness" in the law.

  • November 05, 2026

    Pot Grower Accused Of Retaliation, Worker Misclassification

    Two cannabis workers claim they were fired after repeatedly warning their employer about mold, electrical and fire hazards at a Los Angeles cultivation site, according to a lawsuit filed in a California state court.  

  • November 05, 2026

    Disbarred Texas Atty Gets New Shot At $3.8M Fee-Sharing Suit

    A Texas appeals court on Thursday reinstated a disbarred attorney's suit alleging two law firms owe him more than $3.8 million in fees and costs, finding the trial court didn't have competent evidence that he worked on the suits only after he was disbarred.

Expert Analysis

  • New Calif. Law Ties Finance Contracts To State Licensing

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    Under a California law taking effect in 2028, commercial financing licensing requirements have been substantially expanded — meaning that fintechs relying on limited regulatory enforcement will face risk from their own borrowers, who could use licensing failures to resist repayment, say attorneys at Husch Blackwell.

  • Series

    Being In The Peace Corps Made Me A Better Lawyer

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    When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

  • Immunity May Not Protect Gov't-Backed Cyber Operators

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    Companies considering participation in a National Coordination Center program that authorizes private actors to conduct offensive cyber operations on the government’s behalf should understand the limits of sovereign immunity and the operational and legal risks lurking in the details and undefined parameters of the program, say attorneys at Steptoe.

  • Tariffs Could Be Behind Surge In FTZ Production Filings

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    As tariffs reshape production sourcing decisions, manufacturers are seeking foreign trade zone production authority at more than twice last year's pace, making it important to consider the potential duty and export benefits, along with review delays and restrictions that can curb savings, say attorneys at Sidley.

  • 6th Circ. Spotlights Cannabis Contract Enforceability Risks

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    The Sixth Circuit's recent reversal of a $31.8 million jury verdict against a subsidiary of cannabis giant Curaleaf highlights that state licenses do not necessarily provide the legal foundation needed to enforce contracts in federal court, which is a pattern that appears across many sectors, say attorneys at ArentFox Schiff.

  • Reckoning With The IP Risks Of Building Vibe-Coded Products

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    While artificial intelligence can now be prompted into generating potentially valuable software, developers who sell vibe-coded products must account for questions about authorship, copyrightability and their ability to control the resulting code, say attorneys at Lawgorithm Advisors.

  • Transfer Pricing Analyses May Apply To Tariff Refunds Claims

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    Both plaintiffs and defendants in consumer class actions over tariff refunds should examine transfer pricing analyses, which can offer contemporaneous evidence as to how much of a tariff was borne in the U.S. by the importer or consumers rather than absorbed earlier in the supply chain, say economists at The Brattle Group.

  • Clippers Salary Cap Probe Offers Investigation Tips For Cos.

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    The NBA's recent investigation into whether the Los Angeles Clippers circumvented salary cap rules offers an unusually detailed look at how a significant organizational probe was conducted and how its findings were presented, offering practical lessons for companies conducting their own investigations, say attorneys at Wiley.

  • Bankruptcy Deadlines, Concessions Can Decide Lien Priority

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    The Fifth Circuit's recent decision in Adler v. Energy Debt Holdings warns buyers of secured claims to watch for binding concessions in earlier proceedings and court-imposed lien challenge deadlines, says Jennifer Maleski at Dilworth Paxson.

  • Athletes Must Consider PR Risks Surrounding IP Enforcement

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    NFL player Jayden Daniels' demand for Louisiana State University to cease using his name, image and likeness, and the flurry of social media memes that ensued from this incident, highlight the challenges of navigating the balance between intellectual property legal strategy and public relations, say attorneys at McAndrews Held.

  • What Lawyers Should Know Before Accepting Crypto Payment

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    As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

  • How To Use AI In Employment Contract Drafting

    Excerpt from Practical Guidance
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    Before using artificial intelligence to draft employment contracts, law firms and employers must assess practical ethical guardrails, appropriate use cases, core risk areas and validation workflows, says Samuel Mitchell at Smith Gambrell.

  • How Evergreen Language Can Sink Landlord Credit Support

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    A recent pattern in court decisions interpreting letters of credit underscores the importance of using precise language when seeking evergreen protection, so landlords should seek explicit successive-renewal terms, verify issuer forms and calendar deadlines in order to preserve credit support, say attorneys at O'Melveny.

  • Zillow-Redfin Settlement Spotlights Nontraditional-Deal Risk

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    The Federal Trade Commission's recent settlement with Zillow and Redfin serves as a reminder that authorities are increasingly interested in challenging nontraditional transaction structures that effectively eliminate a market participant, which includes some exclusivity arrangements, say attorneys at Freshfields.

  • How AI Is Reshaping The Structure Of Crypto Venture Deals

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    As founders at the intersection of crypto and artificial intelligence increasingly face capital-raising quandaries, parties structuring crypto venture deals should weigh how equity, token and hybrid financings allocate value to avoid tricky contractual governance and fiduciary law questions down the line, say attorneys at Cahill Gordon.

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