Commercial Contracts

  • 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.

  • November 05, 2026

    9th Circ. Says Lending Co. Can't Arbitrate In Snowflake MDL

    The Ninth Circuit ruled that online consumer lending platform LendingTree and an insurance comparison subsidiary cannot compel arbitration of a cybersecurity suit within multidistrict litigation over a breach of data held by cloud storage company Snowflake since the websites' design elements prevented "mutual assent" to their terms.

  • November 05, 2026

    WB Must Face Claims 'The Pitt' Violates 'ER' Rights Deal

    Warner Bros. Television cannot dodge a lawsuit alleging it breached a decades-old agreement with late author Michael Crichton by producing the hit medical drama "The Pitt," a California appeals court ruled, saying the suit adequately alleges the series could be considered a derivative work of the earlier hit series "ER."

  • November 05, 2026

    Toshiba, DTE Are Worlds Apart On Bond For $394M Judgment

    Toshiba Corp. urged a Michigan federal judge Thursday to limit its appeal bond to $37 million rather than the $549 million sought by two Michigan utilities, arguing that a state law capping appeal bonds should apply as the company challenges a $394 million judgment over a botched power plant overhaul.

  • November 05, 2026

    Chancery Won't Allow Redo Of Fight Over Fund's $9M In Cash

    The Delaware Chancery Court on Thursday declined to revise rulings in a yearslong dispute over a distressed credit fund's records and more than $9 million of withheld cash, disagreeing with arguments that the fund's former managers and controllers had been improperly swept into the orders.

  • November 05, 2026

    FTC Claims Amazon Inflated Ad Auction Prices By 250%

    The Federal Trade Commission and 22 states have revealed new allegations against Amazon in their sprawling antitrust fight in Washington federal court over online search advertising auctions, including new details alleging Amazon secretly raised advertising prices by as much as 250% to increase its revenue by $87 million worldwide.

  • November 05, 2026

    Ex-Sales Leader Violated 'Secrecy' Pact, J&J Ortho Unit Says

    Johnson & Johnson's orthopedic device unit DePuy Synthes alleged in New Jersey federal court that a former national sales leader's move to a rival violates several of his employment agreements, asking the court to order expedited discovery and block him from contacting any of its customers.

  • November 05, 2026

    New Tech, Diluted Noncompetes Drive Up Trade Secret Cases

    Artificial intelligence tools are making it easier for employees to take off with valuable trade secrets when they switch employers, while noncompete agreements are becoming more difficult to enforce, a combination that is spurring an increase in trade secret cases, experts told Law360.

  • November 05, 2026

    Research Firm Sues To Enforce Ex-Analyst's Noncompete

    Advisory firm Forrester Research says a former principal analyst violated a decade's worth of noncompete and other provisions in employment and stock award agreements to jump to a vice president role at a direct competitor, then tried to hide his new position for months.

  • 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 cannabinoid 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.

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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