Commercial Contracts

  • May 18, 2026

    NY Court Tosses Challenge To Insurers' Anti-Adjuster Clause

    A New York federal court permanently dismissed a public adjusting company's proposed class action against a group of insurers over a policy endorsement barring insureds from hiring public adjusters, finding enforcement of the clause did not constitute tortious interference.

  • May 18, 2026

    Hanover Not Liable For Coverage Gap, Mass. Court Affirms

    Hanover Insurance Co. is not responsible for a Massachusetts property owner's inadequate coverage, an intermediate state appellate court said Monday, rejecting arguments that the insurer's familiarity with the home it had insured for nearly two decades created such a duty.

  • May 18, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled a broad mix of celebrity estate litigation, merger disputes, investor suits, record demands, sanctions fights and questions over corporate moves away from Delaware.

  • May 18, 2026

    OpenAI Beats Musk Suit Over For-Profit Restructuring

    In an advisory decision Monday, a California federal jury cleared OpenAI and executives Sam Altman and Greg Brockman of allegations they breached the nonprofit's charitable trust by converting to a for-profit, handing billionaire Elon Musk a defeat in a closely watched three-week trial that threatened to shake up the artificial intelligence industry.

  • May 18, 2026

    Justices Pass On Bakery Distributors' FAA Arbitration Fight

    The U.S. Supreme Court declined on Monday to review whether a Federal Arbitration Act exemption applies to agreements between two business entities when neither is a worker, leaving intact a Second Circuit decision that sided with two delivery drivers seeking to pursue their claims in court rather than arbitration.

  • May 18, 2026

    Revised Suit Against Healthcare Data Co. Still Fails, Court Told

    A former healthcare data platform chief strategy officer's amended complaint against the employer failed again to justify bringing three out-of-state individuals into the litigation, the company told a North Carolina federal court, adding that several key claims remain flawed.

  • May 18, 2026

    Justices Won't Review Denial Of Luxottica Arbitration Push

    The U.S. Supreme Court on Monday turned away eyewear giant Luxottica's bid for review of a Second Circuit decision that allowed certain claims in a proposed benefits class action to proceed in New York federal court rather than in arbitration.

  • May 15, 2026

    Software Firm Seeks Belgian Venue For Calif. Cannabis Suit

    A Belgian software company has urged a California state court to throw out a nearly $400,000 fraud and breach of contract lawsuit filed by the owners of the PlugPlay cannabis vape brand, arguing both sides agreed all disputes must be litigated in Belgium.

  • May 15, 2026

    Pharmacies Stuck With CVS Arbitration Mandate At 9th Circ.

    A Ninth Circuit panel refused Friday to let four independent pharmacies avoid arbitrating their antitrust claims that CVS exploited a Medicare loophole to charge them exorbitant fees, standing by a district court's conclusion that just because parts of the arbitration agreement were unconscionable doesn't negate the entire thing.

  • May 15, 2026

    Judge Lets Landlord Rework Claims In Cannabis Lease Suit

    A Los Angeles County judge refused to issue a court order forcing a tenant to pay $58,000 it allegedly owes for overdue rent and parking lot improvements, telling the landlord it needs to refile its breach of contract claims if it wants to try to get the money.

  • May 15, 2026

    Amazon Fights Revival Of Class Claim In Alexa Recording Suit

    Amazon on Friday urged a Washington federal judge to deny Alexa users' bid to reinstate a class consumer protection claim based on allegations the devices secretly recorded their personal conversations, arguing that the court correctly recognized the e-commerce giant "clearly" and "repeatedly" disclosed its data practices.

  • May 15, 2026

    2nd Circ. Judge Flags 'Weird' Objection To $147.5M Deal

    A Second Circuit panelist said Friday that an argument advanced by a group of objectors to a $147.5 million cost-of-insurance settlement is "weird," noting that its logic depends on securing an even better outcome in separate litigation.

  • May 15, 2026

    Minn. Twins Doctor Can't Claim Immunity In Player Death Suit

    A doctor employed by the Minnesota Twins can't claim immunity in a lawsuit alleging he failed to diagnose a heart condition in a ballplayer that led to his death, a Florida appeals panel ruled on Friday.

  • May 15, 2026

    Realty Co. Workers Lose Bid To Fight Collective Cert. Denial

    A North Carolina federal court declined to let employees alleging a property management company shortchanged them on overtime wages haul a recent order denying a bid for collective certification into the Fourth Circuit. 

  • May 15, 2026

    Caitlyn Jenner Faces Fresh Suit Over Meme Coin Collapse

    Media personality and former Olympian Caitlyn Jenner faces potential class action fraud claims in California state court over the collapse of her meme coins after a similar action was tossed from federal court last month because a judge said the plaintiff couldn't sustain his securities fraud claims.

  • May 15, 2026

    Coach Not Covered In $10M Sex Abuse Case, NC Judge Says

    A North Carolina federal judge said a swimmer who won a $10 million judgment against a swim coach who sexually assaulted her cannot seek that payment from the coach's insurer because neither the coach nor the swim club he operated are covered under the policies.

  • May 15, 2026

    Big E Operator Says Insurers Can't Reject MMA Death Claim

    The operator of one of the largest state fairs in the U.S., known as The Big E, alleged in a lawsuit removed to federal court Friday that its insurers are wrongly relying on a list of policy exclusions to deny coverage for a wrongful death suit brought by the family of a mixed martial arts fighter, who died following an event at the Massachusetts fairgrounds in 2022.

  • May 15, 2026

    6th Circ. Won't Rehear Kellogg, FedEx Mortality Table Suits

    The Sixth Circuit on Friday refused to rethink a panel's earlier decision that revived two proposed class actions against cereal giant Kellogg and transportation company FedEx in which retirees allege that their pension payments were lowballed due to outdated mortality tables used in conversions.

  • May 15, 2026

    American Airlines Must Face Suit Over Teen's In-Flight Death

    The Fifth Circuit partially revived a lawsuit claiming American Airlines caused a teen's death when an on-flight defibrillator used to shock his heart allegedly malfunctioned, ruling that a genuine dispute remains whether the airline equipped the flight with a working defibrillator as required by the Federal Aviation Administration.

  • May 15, 2026

    Alston & Bird, Banks Sued Again Over $328M Goliath Scam

    Another proposed class of investors sued Alston & Bird LLP and a trio of financial institutions Friday over their alleged roles in a $328 million cryptocurrency scam orchestrated by Goliath Ventures Inc.

  • May 15, 2026

    Lender Vouches For Blank Rome In Cannabis Dispensary Suit

    A lender is urging a California federal court to deny an attempt to disqualify Blank Rome LLP from representing it in the company's fraud lawsuit over a $1.6 million loan for a cannabis dispensary, arguing the request is simply an attempt to delay litigation.

  • May 15, 2026

    Marketer Says It Was Pawn In Med Supplier's Crypto Pivot

    A Massachusetts marketing firm says a medical supply company used it to broker a $50 million deal with another supplier, touted the arrangement to investors, then abruptly turned itself into a cryptocurrency business, stiffing the plaintiff out of anticipated commissions.

  • May 15, 2026

    FTC's Case Alleging Zillow, Redfin Pact Set For August Trial

    A Virginia federal judge has set an August trial date after shutting down a bid by Zillow and Redfin to escape a Federal Trade Commission lawsuit accusing the companies of sealing a deal to stop competing on multifamily rental listings with a $100 million payment.

  • May 15, 2026

    Auto Dealer Accused Of Cooking Books Before Sale

    The buyer of a Georgia Ford dealership hit its former owners with a federal fraud lawsuit alleging that it was hoodwinked into overpaying for the business thanks to the seller inflating his on-paper profits by including revenue from a side business selling homes.

  • May 15, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen singer Rita Ora be sued by her management company, the billionaire Gertner brothers file a part 8 claim and Stephenson Harwood lodge a debt claim against a member of the Bulgari jewelry dynasty. Here, Law360 looks at these and other new claims in the U.K.

Expert Analysis

  • Calif. Truck Regs Now Require Multiple Compliance Strategies

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    California's various vehicle and truck emissions programs now move on different legal tracks, impose different obligations and create different business risks on different timelines — so companies that treat them as one package subject to a federal Clean Air Act waiver risk missing deadlines and mispricing contracts, says Thierry Montoya at FBT Gibbons.

  • Del. Ruling Shows Power Of Postclose Governance Provisions

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    After the Delaware Court of Chancery reinstated a target company's CEO as part of the equitable remedy in Fortis Advisors v. Krafton, deal parties should emphasize the importance of postclosing governance provisions to earnout economics, knowing that they will have to live with these provisions for the duration of the earnout period, say attorneys at Sidley.

  • A Data-Driven Guide For Navigating The 2026 Oil Price Shock

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    With the Iran war disrupting tanker traffic through the Strait of Hormuz, oil price volatility has soared, and this extreme price dislocation is likely to generate complex legal disputes — but companies can protect themselves by preserving every scrap of market data available, say Peter Niculescu and Leslie Rahl at Capital Market Risk Advisors.

  • 2 Discovery Rulings Break With Heppner On AI Privilege Issue

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    While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

  • Series

    Isshin-Ryu Karate Makes Me A Better Lawyer

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    My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

  • What FMC's Rejection Of War Surcharges Means For Shipping

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    The Federal Maritime Commission's rejection of multiple common carriers' requests last month to implement emergency shipping surcharges in response to conflict in the Mideast signals a decisive shift in the agency's regulatory posture toward stronger protections for shippers — with important implications for all supply chain participants, say attorneys at Husch Blackwell.

  • Getting To Know The Key Partners In Nuclear Power Projects

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    As more major technology companies and hyperscalers enter into energy offtake agreements with operators of existing, restarting and planned nuclear plants, it is essential that all stakeholders in such partnerships understand the roles and responsibilities of the key entities involved in a nuclear power project, say attorneys at Morgan Lewis.

  • Assessing EcoFactor's Impact On Damages Experts' Opinions

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    Though the Federal Circuit's ruling in EcoFactor v. Google gave rise to concerns that damages experts would be forced to rely on undisputed facts, recent case law suggests that those concerns are unwarranted, says Christopher Loh at Venable.

  • Insights From OppFi Suit On Building Calif. Bank Partnerships

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    A California state judge’s tentative ruling, walking through business evidence that Utah bank FinWise was not a “rent-a-bank” that fintech firm Opportunity Financial used as a front to dodge interest rate caps on in-state lenders, offers a helpful road map for structuring legally compliant bank-fintech partnerships under California law, say attorneys at Manatt.

  • Keys To Building Defensible Psychedelic Therapy Programs

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    Given the rapidly evolving legal environment for psychedelic therapies and heightened liability and compliance risks facing providers, meticulous documentation, robust risk management protocols, and proactive engagement with professional organizations and insurers are essential strategies, say Kimberly Chew at Husch Blackwell and L. Alison McInnes at Mindful Health Solutions.

  • Defense Contractor Tips For Commercial Solutions Openings

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    Defense contractors interested in participating in the Army’s recently announced commercial solutions opening should familiarize themselves with the process, which promotes flexibility but requires prudence in preparing proposals, negotiating award terms, and crafting supporting documents such as teaming agreements and subcontracts, say attorneys at Holland & Knight.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • Steps To Maintain War Insurance Amid Middle East Conflict

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    To ensure they are adequately protected from war-related risk, companies affected by the escalating conflict in the Persian Gulf should consider how their war insurance coverage interacts with financing structures, lease obligations and commercial risk allocation, say attorneys at Morgan Lewis.

  • Resolving The Conflict In 2nd Circ. Foreign Discovery Rulings

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    The Second Circuit recently issued two seemingly inconsistent decisions regarding the federal statute that permits U.S. discovery for purposes of a foreign proceeding, but the unifying feature appears to be the broad scope for district court discretion under Section 1782, say attorneys at Katsky Korins.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

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