Commercial Contracts

  • August 26, 2026

    Detroit Can't Fully Shake Telecom's Fiber Access Suit

    A Michigan federal judge has allowed a telecommunications carrier to pursue claims that Detroit discriminated against it over access to city-controlled fiber conduit, while dismissing state constitutional, antitrust and mandamus counts. 

  • August 26, 2026

    Crypto CEO Says Investors Lack Proof In Refund Fraud Suit

    The CEO of Power Block Coin LLC, which does business as SmartFi, asked the Pennsylvania federal court for a win in a suit alleging he refused to fulfill their "buyback guarantee" of SmartFi tokens, saying the investors cannot even show they personally bought the tokens.

  • August 26, 2026

    Coffee Seller's Tax Suit Counterclaims Belong In Calif.

    The founder of a California coffee equipment manufacturer asked a Colorado state court judge Monday to dismiss the bulk of counterclaims from the founder of a Colorado coffee equipment provider who allegedly hid his company's true tax designation on a loan application to push through a merger.

  • August 26, 2026

    Mother Of Musk's Child Calls XAI Contract Breach Claim Faulty

    The mother of one of Elon Musk's children has told a Texas federal judge that fees xAI racked up in New York litigation cannot form the basis for the company's lawsuit in the Lone Star State, asking the court to dismiss xAI's lawsuit.

  • August 26, 2026

    Chancery Lets Investor Defend SpaceX Fund In Florida

    The Delaware Chancery Court on Wednesday granted investor Alessandro Possati a limited default judgment allowing him to act on behalf of an investment partnership in related Florida litigation, while declining to make broader findings that could affect his remaining fiduciary duty claims.

  • August 26, 2026

    Joe Gibbs Racing Beats Ex-Director's Cyber Trespass Claims

    Joe Gibbs Racing's former competition director can't pursue counterclaims alleging the NASCAR super team violated state and federal cyber hacking statutes when it allegedly accessed "off-limits" information on his devices during a forensic review, a North Carolina federal judge ruled Wednesday in their high-profile trade secrets dispute.

  • August 26, 2026

    Ex-Josh Cellars Exec Balks At Bid For Lit Funding Probe  

    Companies behind the Josh Cellars wine brand should be banned from probing a former executive's litigation funding deal during a November trademark royalties trial, the executive told a Connecticut state court Tuesday, arguing his cash sources are irrelevant to his attempt to seek more than $4 million through contract and fiduciary duty claims.

  • August 26, 2026

    Boeing Beats Bid For More Depos In Moon Mission IP Suit

    A Colorado aerospace company cannot conduct additional depositions in its lawsuit accusing The Boeing Co. of stealing patented technology for a NASA moon exploration program, a Washington federal magistrate judge ruled.

  • August 26, 2026

    Colo. Developer Says Xcel Delayed Providing Service

    A residential developer based in Denver has accused utility Public Service Co. of Colorado in state court of causing its business more than $25 million in damages after repeatedly failing to provide electrical power for the developer's projects.

  • August 26, 2026

    Trucking Groups Urge Full 5th Circ. To Mull Penske Liability

    Trucking industry groups contend the Fifth Circuit unjustifiably expanded liability for upstream motor carriers when it recently held that trucking services giant Penske Logistics LLC could be held vicariously liable for a fatal 2018 Texas collision caused by a motor carrier that Penske knew nothing about.

  • August 26, 2026

    FCA Says Autoliv Still Missing The Mark In Air Bag Scrap

    FCA US LLC has urged a Detroit federal judge to dismiss Autoliv's amended countercomplaint in their contract dispute, saying that the automotive safety supplier acknowledged in its latest filing that it missed the deadline to request a price increase for an FCA-driven air bag redesign.

  • August 26, 2026

    Fla. Firm Must Face Fiduciary Breach Suit Over Property Deal

    A Florida state appeals court on Wednesday reversed an order dismissing a lawsuit brought by a property company alleging that Hoffman Larin & Agnetti PA and one of its attorneys aided and abetted a breach of fiduciary duty while representing a third party claiming an interest in a property owned by the company.

  • August 26, 2026

    Consultant Says Tribal Corp. Can't Rewrite Contract Claim

    A Colorado consulting company and its founder urged a federal judge to toss a tribal business corporation's contract claim in a trade secrets dispute, arguing the company still cannot revive the claim by asking the court to rewrite an agreement that names a different employer.

  • August 26, 2026

    Conn. Gallery Beats Buyer's $165K Keith Haring Art Claims

    A Greenwich, Connecticut-based art gallery has prevailed on a buyer's claims that it sold him a fake Keith Haring chalk drawing for $165,000 after vouching for its authenticity.

  • August 26, 2026

    Ex-Coal Exec Asks Court To Toss Bribery Conviction

    A former coal executive convicted of authorizing bribes to an arm of the Egyptian government in a closely watched Foreign Corrupt Practices Act trial is seeking a new trial or to have his indictment tossed, arguing the government misused his criminal proffer agreement to wrongly hamstring his defense.

  • August 26, 2026

    Pot Distributor Again Files Counterclaims In Contract Dispute

    A cannabis distributor has filed renewed counterclaims against its former consulting partner and a rival distributor, alleging that the rival deliberately interfered with an exclusivity agreement with the consulting partner.

  • August 26, 2026

    AT&T, Verizon, T-Mobile Defeat Asus Patent Case In EDTX

    An Eastern District of Texas jury on Wednesday cleared AT&T, Verizon and T-Mobile of claims by Asus Technology Licensing Inc. and other companies that the carriers infringed a group of wireless communications patents.

  • August 25, 2026

    9th Circ. Panel Largely Upholds Block On Feds' Grant Terms

    A divided Ninth Circuit panel Tuesday mostly upheld an injunction blocking the Trump administration from imposing new grant restrictions on transportation and housing funding for dozens of local governments, concluding federal agencies likely overstepped their authority by barring the money from being used to promote "gender ideology" or "illegal immigration."

  • August 25, 2026

    DPAs At Hand For Argentine Media Co. Bosses In FIFA Case

    Brooklyn federal prosecutors said they intend to enter into deferred prosecution agreements with the owners of Argentine sports marketing agency Full Play Group SA, a company that was convicted at trial of bribing Latin American soccer officials in exchange for lucrative media rights to tournaments, according to court documents unsealed Tuesday.

  • August 25, 2026

    DC Circ. Won't Revive Standard General's FCC Bias Suit

    The D.C. Circuit does not believe that the Federal Communications Commission took part in a racist conspiracy to kill Standard General hedge fund manager Soo Kim's $8.6 billion merger with broadcaster Tegna and has affirmed the dismissal of his lawsuit claiming such.

  • August 25, 2026

    Truist Says Excess Insurers Owe For $240M Overdraft Deal

    Truist Bank has launched counterclaims against a group of insurers who claim they don't owe coverage to the bank for a $240 million settlement of a consumer class action stemming from alleged overdraft charges, arguing the relevant insurance policy expressly includes settlements, among other things, as covered damages.

  • August 25, 2026

    Colo. Judge Ships $8.3M Messner Reeves Fraud Suit To Utah

    A Colorado federal judge granted a motion Monday from law firm Messner Reeves LLP to move a lawsuit accusing the firm of stealing more than $8 million as part of a fraudulent loan scheme to Utah after finding the venue was the proper forum to litigate the claims.

  • August 25, 2026

    Md. Judge Trims Baltimore Bridge Wreck Damages Claims

    A Maryland federal judge has slashed claims from Baltimore, businesses and dockworkers seeking to recover millions in economic losses from the owner and operator of the container ship that slammed into the Francis Scott Key Bridge, saying the nearly century-old Robins Dry Dock rule bars many of their claims.

  • August 25, 2026

    German Bank Seeks OK Of €3.5M Arbitration Award

    A German bank urged a Florida federal court on Monday to confirm a €3.5 million arbitration award it won against TessPay Finance Inc. following a dispute over receivables the bank bought that were purportedly owed to TessPay but did not exist.

  • August 25, 2026

    AIDS Org 'Had Its Chance' To Sue Express Scripts, Judge Says

    Express Scripts convinced a Missouri federal judge Tuesday to dismiss an AIDS Healthcare Foundation antitrust suit the judge said was precluded by a rejected earlier case in the same district raising the "same facts and circumstances" accusing the pharmacy benefit manager of imposing lower reimbursement rates on specialty pharmacies.

Expert Analysis

  • 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.

  • Deposit Contracts Do Heavy Lifting As Fraud Moves Upstream

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    As courts increasingly find that upstream parties are best positioned to detect red flags in fraud disputes, most recently in Yangtze v. Ohio Valley Trackwork, companies should tighten treasury and deposit agreement verification protocols, indemnity terms, and insurance coordination to reduce exposure, says Nadine Dorsht at Stinson.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • Opinion

    USCIS Delays Shouldn't Mean Detention For EB-5 Investors

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    Some EB-5 investors with pending petitions were recently detained amid a surge in immigration arrests, but when only U.S. Citizenship and Immigration Services can resolve a respondent's status, immigration courts shouldn't retain cases they can't decide, and detention shouldn't replace adjudication, says Jun Li at Reid & Wise.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • $400M Serta Ruling Offers Warning On Uptier Deal Risks

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    A Texas bankruptcy court's recent remand ruling, which disallowed Serta Simmons Bedding’s uptier debt exchange and awarded $400 million to the minority lenders, demonstrates why deal counsel negotiating similar agreements should clearly define exceptions and lien subordination, while litigators should lean on express terms, says Jamie Aycock at Yetter Coleman.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • How CME Suit May Reshape CFTC's Crypto Derivatives Rules

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    CME Group's recent lawsuit over the U.S. Commodity Futures Trading Commission's approval of a Kalshi application to offer a bitcoin perpetual contract as a futures product could have cascading consequences for crypto derivatives regulation, highlighting why policy ambitions do not override statutory text or substitute for reasoned decision-making, says attorney Tamara de Silva.

  • JPMorgan Ruling Shows Courts' Limited Role In Fee Fights

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    The Delaware Chancery Court's recent decision that JPMorgan Chase must cover more than $21 million in disputed legal fees for two former executives of the startup Frank illustrates the reality that companies, not the courts, are responsible for ongoing supervision of legal spending, says Theodore Edelman at GCE Advisors.

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