Commercial Contracts

  • September 08, 2026

    8th Circ. Backs Tribal Court In Energy Co.'s Easement Fight

    The Eighth Circuit has agreed with a tribal judge and thrown out a federal court's preliminary injunction barring him from hearing a suit brought by members of the Three Affiliated Tribes against an energy company over an easement agreement.

  • September 08, 2026

    Judge Nixes Atty's Bid For More Depositions In $12M Tax Suit

    A Colorado federal judge denied a request for additional depositions from counsel of an attorney and others accused of siphoning $12 million while advocating an illegal tax fee after determining the request for the depositions was untimely and made outside the discovery window.

  • September 08, 2026

    Freight Broker, Steel Cos. Exit Colo. Fatal Truck Crash Suit

    A Colorado federal judge on Tuesday slashed a negligence and wrongful death lawsuit seeking to hold freight broker Total Quality Logistics liable for a fatal 2024 trucking collision, along with the steel suppliers whose shipment was being transported at the time.

  • September 08, 2026

    WB Asks Panel To Pull Plug On Claim 'The Pitt' Copied 'ER'

    Warner Bros. Television told a California appellate panel Tuesday that a trial court should have tossed a lawsuit by writer Michael Crichton's widow alleging the studio ripped off her husband's show "ER" with the hit medical drama "The Pitt," arguing that a plaintiffs' expert who opined on similarities never even watched the Warner Bros. show.

  • September 08, 2026

    Trial Is Quickest Path To IP Case's 'Finality,' Justices Told

    A North Carolina software company told the U.S. Supreme Court Tuesday not to pause an upcoming trademark trial with its former Dutch partner over a licensing agreement that went south, saying the quickest way to a resolution of the long-running litigation is to finally bring it to a jury.

  • September 08, 2026

    Meta Accused Of Using Photos To Train AI Without Consent

    Facebook and Instagram users hit Meta with a proposed class action accusing the company of harvesting biometric data from photos posted to its platforms without consent to develop its artificial intelligence and facial recognition technology.

  • September 08, 2026

    Bridal Shop Says Default Rulings Don't Bar $7M Coverage Suit

    A Manhattan bridal shop urged a New York federal court to reject a magistrate judge's recommendation to toss its suit seeking to recover $7 million from a contractor's insurers, saying its claims can't be voided by a previous default judgment the insurers won against their policyholder.

  • September 08, 2026

    Helicore, Investor Clash Over Fraud, Deadlock Claims

    Attorneys for telecom infrastructure startup Helicore LLC and its primary investor clashed Tuesday during a Delaware Chancery Court hearing over whether a dispute involving allegedly fabricated board approvals, equity dilution and a deadlocked board amounts to fraud and fiduciary misconduct or simply a contract fight.

  • September 08, 2026

    5th Circ. Backs Ax Of $125M Judgment Over Judge Friendship

    A split Fifth Circuit panel Tuesday affirmed the vacatur of a trial by a magistrate judge that resulted in a $125 million judgment against Port of Lake Charles, finding the district court correctly found that the magistrate judge didn't fully disclose her 40-year, "close, multifaceted, and personal friendship" with IFG Port Holdings LLC's attorney.

  • September 08, 2026

    Fla. Court Misread Complex's Mural Rights Claim, Panel Told

    A Miami property owner on Tuesday urged a Florida state appellate panel to remand its case for a trial on damages over hosting exterior advertisements, arguing that a lower court misapplied the law when it found the complex couldn't establish liability after the city excluded it from a mural district.

  • September 08, 2026

    Boeing Avoids Broad Financial Discovery In IP Suit

    A Washington federal judge has ordered The Boeing Co. to provide some, but far from all, of the information Wilson Aerospace LLC sought for its suit accusing the aerospace giant of stealing patented technology for a NASA moon program.

  • September 08, 2026

    Auto Tools Trade Org. Says Antitrust Claims Are Baseless

    An automotive lift trade association and several lift manufacturers asked a Texas federal court to toss antitrust claims brought by a Texas manufacturer, saying that the manufacturer failed to state a viable claim under the Sherman Act.

  • September 08, 2026

    Conn. Justice Says $87M Telecom Bid 'Hard To Take Seriously'

    A once-bankrupt telecommunications company's bid for more than $80 million in interest on top of a $3.6 million judgment seemed "absurd" to one Connecticut Supreme Court justice hearing a 16-year-old contract dispute Tuesday, though he later said the party that hasn't paid shouldn't escape entirely unscathed.

  • September 08, 2026

    Contractor Can't Send Arbitration Pact To $162M Wage Class

    A contractor that helps administer a New York state Medicaid program cannot send arbitration agreements to members of a $162 million settlement class in a suit alleging it failed to pay personal assistants accurately or on time, a federal magistrate judge ruled, finding the move could confuse workers about the deal.

  • September 08, 2026

    NC Supreme Court Considers Reviving 'Cardiac Pack' NIL Suit

    The North Carolina Supreme Court pointedly questioned the NCAA over its refusal to compensate members of the 1983 North Carolina State University championship basketball team Tuesday, expressing skepticism that the dispute was entirely snuffed out over late claims.

  • September 08, 2026

    NC Brokerage Loses Injunction Bid Against Ex-Directors

    A judge with North Carolina's business court has declined to impose an injunction enforcing restrictive covenants on three former real estate brokerage directors who left to join a competitor, ruling that their former employer's suit had not produced evidence of wrongdoing.

  • September 08, 2026

    Womble Bond Says No Need To Share Rift Details In Exit Bid

    Attorneys from Womble Bond Dickinson, seeking to withdraw as counsel of record for a Dutch software company embroiled in a trademark dispute with an American rival, told a North Carolina federal judge that they are not obligated under professional conduct rules to disclose the "substance of a confidential disagreement" underlying their withdrawal request.

  • September 08, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week saw disputes involving a former NFL star and a $2.5 million solar venture, Morgan Stanley's role in Fox Corp.'s planned $22 billion acquisition of Roku Inc., and JPMorgan Chase & Co.'s effort to pause more than $20 million in legal-fee payments to former Frank executives.

  • September 08, 2026

    Mich. Lawyer Can't Shake Cybersecurity Firm's $550K Claim

    A Detroit attorney who promoted voter fraud claims after the 2020 election must face a cybersecurity company's breach of contract and defamation suit after a Michigan federal judge found the company plausibly alleged the attorney and her law firm retaliated against its investigators after they found no evidence of election fraud and allegedly declined a request to report otherwise.

  • September 04, 2026

    Making Up For Lost Timepiece: FedEx Wins $250K Watch Row

    The disappearance of a $250,000 watch purchased for a major GOP donor will cost FedEx less than it charged to ship the wristwear, according to a new Eighth Circuit decision backing broad immunity for alleged negligence or theft by the delivery giant's workers.

  • September 04, 2026

    Humana Says $7.3B Roundup Deal Sidelines Health Insurers

    Humana Inc. alleged in New Jersey federal court that Monsanto Co. is attempting to skirt its obligation to reimburse health insurers for medical expenses stemming from exposure to its Roundup product.

  • September 04, 2026

    4 Texas Supreme Court Oil & Gas Cases To Watch This Term

    The new term of the Texas Supreme Court initially appears light on oil and gas litigation, but Lone Star State attorneys told Law360 there are still a handful of cases that could have broad implications for the industry.

  • September 04, 2026

    3rd Circ. Preview: Penn State TM Row, NFL Agent Poaching Suit

    The Third Circuit in September is set to decide whether a print-on-demand company's collegiate apparel counts as counterfeit Penn State merchandise and if two former Philadelphia detectives can escape a $16 million judgment for a wrongfully convicted murder suspect.

  • September 04, 2026

    Judge Asks Atty To Explain Absences In Nurses' Wage Suit

    A Colorado federal magistrate judge ordered Friday that an attorney for nearly 40 nurses in a wage lawsuit against Colorado-based U.S. Nursing Corp. explain why he has not appeared in the case for months and why the court should not therefore toss the suit.

  • September 04, 2026

    Electric Co. And Zurich Settle $5M Airport Dispute

    An electric company that sought damages in Colorado state court over a contractor's decision to withhold over $5 million in payments for work completed in an expansion project at the Denver International Airport reached a settlement this week with four defendant insurers.

Expert Analysis

  • Prepping To Use Crypto Collateral Under Ohio Ownership Law

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    Ohio's digital asset law should ease the path to using cryptocurrency as collateral, and as the October effective date approaches, lenders should update their loan documentation and diligence processes to take advantage of the new control-based perfection rules, say attorneys at Kegler Brown.

  • Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

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    Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.

  • Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • Notable Q2 Updates In Insurance Class Actions

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    After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

  • Other Transaction Authority May Change Military Construction

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    Early use of the Pentagon’s expanded authority to use other transaction agreements for defense construction projects suggests it may become a consequential change that draws new entrants into the marketplace, so participants should be cognizant of how it differs from the familiar Federal Acquisition Regulation model, say attorneys at Holland & Knight.

  • Decoding Arbitral Disputes: Award Enforcement Is Just Step 1

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    In Qatar National Bank v. South Sudan and Bank of South Sudan, a D.C. federal court recently confirmed a $1 billion arbitral award, but the judgment itself remains only the entrance to the asset-recovery exercise, says Josep Galvez at 4-5 Gray's Inn Square.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • How New Counter-Drone Rule Will Reshape Event Security

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    A new interim final rule on counter-unmanned aircraft systems creates one of the most structured regulatory frameworks yet adopted for mitigating unauthorized drone activity, with implications for law enforcement, airport and stadium operators, drone companies, and public event organizers, say attorneys at Morgan Lewis.

  • Avoiding Sponsor Conflicts As NCAA Patch Rule Takes Effect

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    A new rule allowing schools to add corporate sponsor patches to athletes' uniforms may create a conflict with students' individual name, image and likeness agreements with competing brands, requiring negotiated contract provisions to reduce the legal risks, says Evan Rosenberg at Morritt Hock.  

  • 4 Tips For Using AI To Max Fee Awards In NY Lease Disputes

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    As New York's new artificial intelligence court filing rule takes effect, lawyers handling commercial lease disputes should set up an efficient billing structure, verify AI-generated research and calculations, and align fee requests to improve recoveries and avoid sanctions, say attorneys at Crowell & Moring.

  • Managing Data Center Power Issues, Public Pushback

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    The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • Data Center Risks Include Schedules, Supply Chain, Labor

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    Managing the dynamic technical and legal risks related to data center development requires sophisticated strategies for dealing with compressed schedules and liquidated damages, supply chain and long-lead equipment challenges, and labor shortages and productivity issues, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

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