Commercial Contracts

  • November 05, 2026

    Aetna Loses Arb. Bid In Hospitals' Inpatient Pay Policy Row

    Aetna Health Inc. can't force two hospital operators to arbitrate their challenge to its inpatient reimbursement policy, a Pennsylvania federal judge ruled, finding the suit seeks equitable relief and thus falls under an exemption in the insurer's arbitration agreements.

  • November 05, 2026

    No Early Win For Atty In $450K Malpractice Suit

    A Connecticut state court judge has rejected a once-prominent local attorney's dismissal bid in a lawsuit from a former client who says his failure to comply with discovery orders led to a default judgment that cost her $450,000, saying the evidence she has produced so far provides a reasonable foundation for her claims.

  • November 04, 2026

    1st Circ. Revives Temu Suit Against IP Atty, Citing Jurisdiction

    The First Circuit has revived Chinese e-commerce company Temu's lawsuit accusing an intellectual property attorney of lying to secure settlements with a pair of clients, finding that the lower court failed to consider jurisdictional questions.

  • November 04, 2026

    Attys Consider Corporate Implications Of Blue Texas

    Texas attorneys have already started weighing new strategies in the wake of Texas' historic blue shift, led by a new attorney general and a new governor who have pledged to bring more industry regulation and consumer protections to the Lone Star State.

  • November 04, 2026

    Woman Tells 11th Circ. Sexual Assault Gag Clause Is Invalid

    A woman who claimed she was sexually assaulted by her former intimate partner asked the Eleventh Circuit on Wednesday to overturn a $2.7 million judgment against her for breaching a confidential agreement with the ex-partner, arguing the question of the contract's validity is one for a jury.

  • November 04, 2026

    Fla. Jury Hears Suit Over Pact To Sell Mike Tyson-Brand THC

    A Florida state court trial commenced Wednesday in a dispute involving a company licensed to sell Mike Tyson-brand cannabis products, with former business partners telling jurors differing accounts on whether a valid agreement splitting ownership was formed. 

  • November 04, 2026

    Delta Can't Toss Flyers' Windowless 'Window' Seat Fee Suit

    Delta Air Lines Inc. cannot shutter a proposed breach of contract class action brought by flyers who accuse it of charging premium fees for windowless seats that are misleadingly advertised as having windows, a New York federal judge ruled Wednesday, saying their claims are not preempted by federal law.

  • November 04, 2026

    Anthem Fights Rework Of Neurosurgery Group Antitrust Case

    A pair of Anthem units are pushing back against a Long Island, New York, neurosurgery practice's bid to file an amended complaint accusing the insurer of driving down reimbursement rates, telling a New York federal court the changes fail to fix the problems that resulted in a previous dismissal.

  • November 04, 2026

    Colo. Co. Accused Of Misusing $400K Loan For HHS Deal

    A Colorado public benefit corporation breached a loan agreement by failing to use the $400,000 loan for its intended purpose and instead diverting the loan to settle a nearly $600,000 civil penalty with a federal government agency, according to a lender's lawsuit in Colorado state court.

  • November 04, 2026

    5th Circ. Backs 'Geek Therapy' Co. In Roleplay Game IP Battle

    The Fifth Circuit on Wednesday sided with a "geek therapy" company in a suit claiming it infringed the intellectual property rights of a role-playing game developer after their partnership soured, saying a licensing agreement allowed the company to use the content of the game.

  • November 04, 2026

    NJ Justices Skeptical Court Can Void Jersey City Sewer Pact

    The New Jersey Supreme Court appeared skeptical Wednesday that it had the authority to void a decades-old settlement agreement requiring Jersey City to pay for the water treatment costs of nine municipalities, with justices questioning whether they were being asked to overrule the state's sewage authority law.

  • November 04, 2026

    Insurers Must Face Roofer's Contract Claims, Split Panel Says

    A split North Carolina state appeals court on Wednesday revived 41 lawsuits brought by a commercial roofing contractor accusing insurers of wrongfully refusing to pay out storm damage repair claims that homeowners assigned under their policies, saying the company adequately pled valid assignments of rights.

  • November 04, 2026

    Brands Urge 5th Circ. Not To Revive X's Ad Boycott Suit

    Mars, CVS, Nestlé and other brands have told the Fifth Circuit a lower court was right to toss X Corp.'s advertising boycott case, arguing the social media platform sued only because it lost customers to competitors after being acquired by Elon Musk.

  • November 04, 2026

    Lender Says Del. Court Wrongly Voided $20M Loan Liens

    A lender urged the Delaware Supreme Court on Wednesday to revive its claim to $20.4 million in security interests tied to loans to collapsed technology company Bitwise Industries, saying a contract protected it even if the company's executives lacked authority to pledge real estate as collateral.

  • November 04, 2026

    Hemp Vape Maker Ditches Most Claims In THC Content Suit

    A Texas federal judge has dismissed most of the claims from a smoke shop and its owners alleging Delta Munchies LLC misrepresented the THC content of its vape products, leaving only a breach of implied warranty claim to go forward.

  • November 03, 2026

    Dems Interrogate McDonald's CEO On AI-Driven Pricing

    U.S. Sen. Elizabeth Warren, Rep. Becca Balint and other Democrats sent a letter to McDonald's CEO Chris Kempczinski, pressing him on the company's use of artificial intelligence-driven pricing recommendations and how it assesses potential harm to consumers and competition.

  • November 03, 2026

    Justin Sun Says Trump-Tied Crypto Firm Deserves Sanctions

    Billionaire Justin Sun urged a California federal judge to sanction World Liberty Financial in litigation over his $45 million investment in the Trump-tied crypto firm, saying the company cost him hundreds of thousands of dollars when it "violated one of the most basic requirements" of the court.

  • November 03, 2026

    States, Others Back Argentina Sovereign Immunity Challenge

    Fourteen states, a U.S. senator from Missouri and others are urging the U.S. Supreme Court to reverse a Second Circuit decision overturning a New York judge's $16 billion judgment against Argentina in a case that arose from its nationalization of YPF SA, the country's largest oil and gas exploration company.

  • November 03, 2026

    NJ Panel Revives Damages Over $36K Campaign Wire Error

    A New Jersey appellate panel held that Valley National Bank, as subrogee for state Sen. Jon Bramnick's campaign, is entitled to punitive damages in its third-party complaint against JPMorgan Chase Bank NA and others seeking the repayment of $36,000 mistakenly deposited in the wrong account, finding that the parties that received the funds ignored repeated requests to return them.

  • November 03, 2026

    Colo. Company Accused Of Improperly Collecting Legal Fees

    A Colorado company that purports to get customer disputes expunged from Financial Industry Regulatory Authority unlawfully collects legal fees for its services while claiming not to be a law firm, an Illinois financial adviser said in Colorado state court Friday.

  • November 03, 2026

    Brownstein Hyatt Faces Suit Over Flawed Cannabis Co. Deal

    A Colorado real estate developer and his company alleged that Brownstein Hyatt Farber Schreck LLP negligently drafted their settlement agreement in a dispute with members of cannabis dispensary chain Native Roots over a sale of the chain's entities, resulting in a roughly $100 million arbitration award against the developer's company.

  • November 03, 2026

    Ex-Employee Calls J&J Unit's Trade Secret Suit Retaliation

    A former associate director sued by a Johnson & Johnson subsidiary for allegedly misappropriating confidential information hit back with her own complaint, alleging the company's lawsuit is retaliation for reporting discriminatory and retaliatory conduct by her manager.

  • November 03, 2026

    2nd Circ. Revives SS&C Trade Secret Suit Against Arcesium

    Financial software company SS&C can pursue its suit alleging fintech firm Arcesium misappropriated trade secrets from its software program, Geneva, to build a rival product, Trinity, the Second Circuit ruled Tuesday.

  • November 03, 2026

    Meta Can't Send Texas Sex Trafficking Case To Calif.

    Meta Platforms Inc. can't get a sex trafficking case against it dismissed to be refiled in California court, a Texas appeals court ruled on Tuesday, finding the social media company waived its forum-selection clause by taking the case to Texas's highest court.

  • November 03, 2026

    Patriots Owner In Talks To Settle Stadium License Dispute

    The owner of the New England Patriots and the town of Foxborough have told a Massachusetts state judge they are entering talks to potentially resolve a lawsuit over seven-figure fees associated with the National Football League team's home stadium.

Expert Analysis

  • 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.

  • 8th Circ. Ruling Limits Receiver Insurance Recovery Rights

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    The Eighth Circuit's recent ruling in King v. Texas Insurance illustrates a practical limit on receivership powers: A receiver may marshal insurance proceeds belonging to the estate but cannot expand the insured's contractual rights or make policy proceeds collectible unless the coverage triggers are satisfied, say attorneys at Kutak Rock.

  • Series

    Mentalism Makes Me A Better Lawyer

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    Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.

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