Commercial Contracts

  • July 29, 2026

    Aterian Loses Dismissal Bid In P.J. Mechanical Suit

    The Delaware Superior Court has refused to dismiss a lawsuit accusing private equity firm Aterian Investment Partners of improperly draining millions of dollars from a holding company to avoid paying earnout obligations owed to the former owners of P.J. Mechanical, finding that the founders plausibly alleged that Aterian intentionally interfered with their contract.

  • July 29, 2026

    NC Attorney General's Clash With HCA Cleared For Trial

    The North Carolina Business Court has cleared a path to trial in the state attorney general's suit accusing HCA Healthcare of letting the quality of care at Mission Hospital in Asheville languish.

  • July 29, 2026

    Lowe's Coverage Row, NASCAR Team Tiff: NC Midyear Report

    The North Carolina courts are teeing up for a busy second half of 2026, including readying for a multimillion-dollar insurance trial with Lowe's and speeding through discovery in a high-profile trade secrets dispute involving former NFL coach Joe Gibbs' championship NASCAR team.

  • July 28, 2026

    Randy Quaid Loses Bid To Undo $3.5M Calif. Property Ruling

    Actor Randy Quaid and his wife cannot overturn a $3.5 million judgment awarded to a California couple who bought a Santa Barbara property that once belonged to the Quaids, an appeals court ruled Tuesday, finding substantial evidence supporting claims that the Quaids' false ownership assertions damaged the property's marketability.

  • July 28, 2026

    Baldoni's Studio Owes NYT $170K For Failed Defamation Suit

    "It Ends With Us" director and star Justin Baldoni's production company must pay The New York Times more than $170,000 after it defeated the studio's defamation claims, a New York state judge has ruled, saying the newspaper is entitled to recoup its legal fees.

  • July 28, 2026

    Ill. Judge Questions Construction Rental Antitrust Case

    An Illinois federal judge seemed skeptical Tuesday that a construction equipment rental benchmarking service that allegedly facilitates an illegal rate-fixing scheme among major rental companies includes the sort of enforcement mechanism that would prevent their independent implementation of that data.

  • July 28, 2026

    Texas Judge Calls Late Bid To Disqualify Atty 'Dilatory Tactic'

    A Texas federal judge on Tuesday denied a request to disqualify an attorney representing the former chief executive of a real estate company related to the late mogul Gene Phillips, saying the attempt to knock out the attorney came way too late in the game.

  • July 28, 2026

    SocGen Beats DC Landlord's Suit Over Failed $29M Loan

    A Washington, D.C., federal judge on Tuesday dismissed a lawsuit by a property owner that claimed Société Générale Financial Corp. wrongfully backed out of a planned $29 million loan to refinance a Washington building, ruling that the parties' signed term sheet was only a preliminary negotiating document and not a binding promise to lend.

  • July 28, 2026

    HR Giant Rippling Stole Startup's AI Trade Secrets, Suit Says

    Human resources services provider Rippling stole confidential information about Runlayer's artificial intelligence platform technology to develop its own competing product, the startup claims in litigation filed Tuesday in New York federal court.

  • July 28, 2026

    BofA Must Face Consumer Suit Over Autopay Double Charges

    An Illinois federal judge has ruled that Bank of America NA cannot avoid facing a majority of the claims in a lawsuit accusing the bank of not adjusting automatic payments on credit cards when customers manually pay off their statement balance in the middle of a billing cycle, finding a consumer established standing and showed evidence of a deceptive practice.

  • July 28, 2026

    Penske Accused Of Scheming To Buy Golden Globes

    The Hollywood Foreign Press Association sued Penske Media Corp. in California federal court Tuesday, accusing the company and owner Jay Penske of orchestrating a scheme to fraudulently acquire the Golden Globe Awards as part of a bid to dominate the market.

  • July 28, 2026

    11th Circ. Weighs Waiver In $12.2M Solar Farm Coverage Case

    An Eleventh Circuit panel grappled Tuesday with whether Zurich American Insurance Co. should be freed from a $12.2 million verdict finding it shortchanged a Georgia solar farm's storm damage claim, with one judge seeming to side with the farm's argument that a waiver of a flood deductible was possible.

  • July 28, 2026

    Judge Mulls Pausing Medicaid Work Rule For 'Frail' Recipients

    A Massachusetts federal judge said Tuesday he anticipates deciding by the end of the week whether the Trump administration will have to pause part of a new rule states must follow in determining whether medically frail Medicaid recipients are exempt from new work or school requirements.

  • July 28, 2026

    Texas Panel Says Sysco Can't Arbitrate Driver Injury Claim

    A Texas appeals court on Tuesday found that Sysco USA I Inc. cannot compel arbitration in a delivery driver's injury suit, as the driver is exempt from the Federal Arbitration Act as a transportation worker.

  • July 28, 2026

    Insurance Co. Beats Kosovo Citizens' Disability Benefits Suit

    A New York Life Insurance Co. unit defeated a lawsuit alleging it breached Pennsylvania law when it denied disability benefits to 17 Kosovo citizens who supported the U.S. military in Afghanistan, with a federal judge ruling the claims are preempted by the Employee Retirement Income Security Act.

  • July 28, 2026

    Nielsen Says 2nd Circ. Ruling Makes Courts Price Regulators

    Nielsen has asked the Second Circuit to reconsider a ruling upholding an injunction in a case from Cumulus accusing it of tying sales of its national radio ratings data to its local offerings, telling the appeals court the ruling turns judges into price regulators.

  • July 28, 2026

    Minn. Schools' Hail Damage May Be Covered, 8th Circ. Says

    The Eighth Circuit revived a Minnesota school district's suit seeking coverage for hail damage to the roofs of two schools, finding that the damage may fall outside a cosmetic damage exclusion if it weakened the roofs' ability to withstand the elements to the same extent as before the storm.

  • July 28, 2026

    LG Can't Arbitrate Stockholder Suit, Chancery Says

    The Delaware Chancery Court has refused to send fiduciary duty claims against LG, its U.S. subsidiary and several executives to arbitration, ruling that an investor's derivative lawsuit over the governance of advertising technology company Alphonso must remain in the Delaware court.

  • July 27, 2026

    J&J, Ovarian Cancer Talc Claimants Unveil $5.5B Global Deal

    Johnson & Johnson announced Monday that it has agreed to pay some $5.5 billion to put to rest tens of thousands of lawsuits alleging its talcum powder products caused ovarian cancer, with plaintiffs' counsel calling the deal "long-delayed justice" for their clients.

  • July 27, 2026

    Kalshi Seeks To Keep Operating In Wash. Pending Appeal

    Kalshi has urged a Washington judge to pause a recent order granting the state attorney general's bid to preliminarily enjoin the prediction market platform from operating within the state, saying the injunction causes Kalshi to face a "'Hobson's choice' between state enforcement and its federal duties."

  • July 27, 2026

    Oryx Says Constellis' Fee Bid Appears Hallucination-Based

    An Afghanistan camp operator asked a Virginia federal judge to throw out counterclaims brought by defense contractors it sued, asserting that one seeking costs and fees appears to be based on hallucinated language not found in cited agreements.

  • July 27, 2026

    OceanGate Foundation Insurer Launches Titan Coverage Suit

    Philadelphia Indemnity Insurance Co. urged a Seattle federal court Friday to find it has no duty to defend nonprofit OceanGate Foundation from a lawsuit filed by the family of a French explorer who died during the Titan deep-sea submersible's 2023 expedition, or otherwise rule any coverage obligations are capped at $100,000.

  • July 27, 2026

    Cannabis Store Owners Seek To Toss Most Claims In $5M Suit

    The owners of a chain of Colorado retail cannabis stores accused of owing more than $4.8 million in unpaid obligations asked a Colorado federal judge Friday to dismiss the bulk of claims against them and their business because, they said, many of the claims weren't sufficiently pled to clear even the lower standards required to survive dismissal.

  • July 27, 2026

    Epic Says Google Wants To Hide Rival App Stores In Search

    Epic Games and Google asked the California federal judge overseeing the gaming giant's antitrust battle against the tech giant to resolve a dispute over whether the court's injunction requires rival app stores to be shown in Play Store search results or whether Google can "relegate" rivals to a separate page.

  • July 27, 2026

    Insurers Don't Owe Grocer Coverage For Opioid Settlement

    A group of insurers owes no coverage to grocery chain Harris Teeter for amounts that its parent company, Kroger, paid as part of a $1.37 billion global settlement of opioid suits brought by government entities, North Carolina's business court ruled.

Expert Analysis

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • Legal Risks Of Using AI To Screen Psychedelic Trial Patients

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    Though using artificial intelligence to preemptively identify drug trial participants likely to experience placebo effects could produce clearer research results, sponsors will need to be ready for the new legal questions these methods raise about informed consent, accountability for algorithmically derived criteria, and potential bias in data training sets, says Kimberly Chew at Husch Blackwell.

  • Trump EOs Pair Quantum Push With Cyber Defense Overhaul

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    Two recent executive orders that mark a significant federal commitment to both advancing and defending against quantum technology create potential opportunities for companies in the quantum, AI and technology sectors and pose future compliance obligations contractors should begin considering now, say attorneys at King & Spalding.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • Tariff Refunds May Reshape Loan Covenant Calculations

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    Tariff refunds issued after the U.S. Supreme Court's Learning Resources decision may complicate borrowers' covenant calculations depending on accounting treatment, the timing of recognition, customer reimbursement obligations and credit agreement language, say attorneys at Mayer Brown.

  • NY Defamation Carveout Hinges On Causation, Not Labels

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    A New York federal court's decisions in two cases involving tortious interference claims, and the recent Second Circuit ruling in Satanic Temple v. Newsweek Digital, highlight that the dispositive question for alleged defamation is whether injury flows through reputation or through direct interference with a relationship, says attorney Andrea Natale.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • A Framework For Volume Dispute Damages In Oil, Gas M&A

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    With every major upstream oil and gas consolidation in recent years having resulted in minimum volume commitment disputes, experts testifying in such litigation must use a five-step framework for calculating lost profits that accounts for the option structure embedded in the contract, says Robert Foss at Hinds Feat Advisors.

  • 8 Ways 2026's Market Divide Is Rewriting Real Estate Risk

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    As construction activity increasingly concentrates in data centers, healthcare and other resilient sectors, real estate developers and their counsel in the second half of 2026 should consider earlier risk allocation and more protective contract terms, and expect greater pressure on labor, pricing and infrastructure, say attorneys at Cozen O'Connor.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • As Quantum Computing Evolves, So Do Antitrust Risks

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    Amid quantum computing's increased strategic importance there are five potential antitrust fault lines that may arise not only between quantum developers, but also within and across the layers of the stack as the industry matures, say attorneys at Proskauer.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

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