Commercial Contracts

  • August 14, 2026

    Fla. Judge Rejects PE Investors' Bid To Block Asset Sale

    A Florida federal judge on Friday rejected a proposed class of private equity investors' emergency request to lift a mandated stay on their $150 million fraud suit and won't hand down a temporary restraining order that would've prevented the sale of infrastructure assets to major homebuilder D.R. Horton.

  • August 14, 2026

    Cumulus Asks 2nd Circ. For Help With Nielsen Data Order

    Cumulus Media sought clarification Thursday from the Second Circuit on the timing of a district court order upheld last month barring Nielsen from conditioning access to national radio ratings data on buying Nielsen's local offerings, arguing that the ratings analytics company can't hold up obeying the injunction just because it's seeking reconsideration.

  • August 14, 2026

    10th Circ. Backs $5M Verdict In Fight Over Toll Lanes Contract

    The Tenth Circuit on Friday unanimously upheld a Denver federal jury's award of $5.25 million to construction design firm Aecom, wholly rejecting a contractor's request for a new trial in a contract dispute over a Colorado toll lanes project.

  • August 14, 2026

    9th Circ. Revives Bid For 15 Alaska Tribal Health Docs

    A Ninth Circuit panel has revived a request for 15 documents related to internal investigations and governance reforms from the Alaska Native Tribal Health Consortium, finding that the district court abused its discretion and the case is not moot because it's uncontested that the information hasn't yet been viewed.

  • August 14, 2026

    Ex-Marathon Worker Says AI Caught Her Bosses' Gender Bias

    A Marathon Engineering environmental scientist has sued her former employer in New Jersey state court, alleging she was fired due to her gender, after an AI assistant that recorded her termination meeting sent her a transcript showing that one of her supervisors said he hoped to replace her with a "relatively strapping young man."

  • August 14, 2026

    Ski Pass Buyers Defend Antitrust Case Against Vail, Alterra

    Skiers accusing Vail Resorts Inc. and Alterra Mountain Co. of inflating prices through their multiresort ski passes are pushing back in Colorado federal court after the resort operators moved to toss the case and strike the class allegations.

  • August 14, 2026

    Gallagher Must Face Suit Over Tech Loan Coverage Losses

    A New York federal judge refused to dismiss an insurer's claims alleging Arthur J. Gallagher & Co. entities gave misleadingly positive information about the finances of tech companies participating in a lending program, finding the insurer showed its financial loss could be connected to Gallagher's alleged failures.

  • August 14, 2026

    Disbarred Fla. Atty Blames Firm For Lost $40M Ch. 11 Claim

    A disbarred attorney has sued his former counsel for alleged malpractice in Florida state court, saying he lost money after his $40 million claim was left unsecured in a federal bankruptcy proceeding for his company.

  • August 14, 2026

    Lowndes Adds BakerHostetler Commercial Real Estate Pro

    Florida-based law firm Lowndes has welcomed an experienced commercial real estate attorney from BakerHostetler to its office in Orlando.

  • August 14, 2026

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

    The past week in London has seen newly signed Real Madrid footballer Yan Diomandé sued over access to his image rights, Nigel Farage and Reform UK deputy leader Richard Tice accuse the NCA of leaking confidential financial information, and a right-wing American journalist hit The Guardian with a libel claim. 

  • August 14, 2026

    Del. Chancery Refuses To Send $3M Hotel Fight To Fla.

    The Delaware Chancery Court has refused to send a dispute over more than $3 million in hotel investment distributions to Florida, ruling that a nonmanaging investor in a Delaware LLC could not be forced to give up its right to bring this type of dispute in Delaware.

  • August 14, 2026

    FBT Gibbons Adds Wells Fargo Senior Litigator In Calif.

    FBT Gibbons LLP has grown its financial services and litigation capabilities in California with the addition of a litigator who previously worked in-house at Wells Fargo and Charles Schwab.

  • August 13, 2026

    'Jump Must Litigate': 7th Circ. Clarifies Arb. Enforcement Rule

    The Seventh Circuit rejected trading firm Jump Trading LLC's bid to arbitrate a putative securities class action Thursday, finding that courts, not arbitrators, must decide whether disputes belong in arbitration when the parties haven't signed an arbitration agreement, furthering a circuit split and holding that "Jump must litigate."

  • August 13, 2026

    'Anticompetitive Friction': Google Must Fix App Store Search

    A California federal judge Thursday ordered Google LLC to streamline the steps for Android users to find rival app stores as part of his court-ordered remedies in antitrust litigation won by Epic Games Inc. against Google, saying the current user process includes "anti-competitive friction" to discourage competition.

  • August 13, 2026

    BNY Should Face Stanford Ponzi Suit In NJ, Judge Says

    A Texas federal judge recommended that a class action alleging the Bank of New York Mellon's involvement in R. Allen Stanford's Ponzi scheme be removed to New Jersey, saying the claims do not belong within the wider multidistrict litigation.

  • August 13, 2026

    Webuild Pushes For Pause In Suit Seeking $140M Arbitral Award

    Italian construction giant Webuild on Wednesday urged a Delaware federal court to pause a Chilean construction company's lawsuit aimed at enforcing a $140 million arbitral award as Webuild looks to challenge an "unprecedented" Third Circuit decision reviving the litigation.

  • August 13, 2026

    Bristol-Myers Can't Duck UMB Suit Targeting Drug Approvals

    The Second Circuit on Thursday revived UMB Bank's suit alleging Bristol-Myers Squibb's slow-walking of the drug approval process caused investors to miss out on billions of dollars, rejecting the pharmaceutical giant's contention that the bank lacked standing to sue.

  • August 13, 2026

    9th Circ. Revives $140M Robo-Surgery Antitrust Case

    The Ninth Circuit on Thursday revived a surgical instrument repair company's antitrust suit accusing the makers of the da Vinci surgical robot of illegally blocking third parties from repairing its instruments, ruling that a district judge erred in applying the U.S. Supreme Court's Kodak factors to the dispute.

  • August 13, 2026

    Texas Appeals Court Flips $34M Verdict In Hospital Suit

    A Texas appeals court wiped out a $34 million verdict against a healthcare company Thursday, saying the trial court interpreted the parties' contract incorrectly and the company did not breach its agreement with a private orthopedic practice group.

  • August 13, 2026

    Kalshi Must Suspend Most Wash. Offerings, Install Geofencing

    A Washington state court judge has blocked Kalshi from offering event contracts to state residents in most of its prediction market categories while the attorney general's legal challenge unfolds, setting deadlines for the platform to institute location-based geofencing, while spurning the company's bid to maintain operations pending appeal.

  • August 13, 2026

    Festival Director Must Face Suit Over Drakeo's Killing

    The festival director of a concert where rapper Drakeo the Ruler was killed backstage cannot escape a consolidated wrongful death suit brought by the artist's family and associates, with a Los Angeles judge ruling Thursday that a triable issue of material fact remains regarding the entity's role at the event.

  • August 13, 2026

    3rd Circ. Upholds Dismissal Of Lipitor Pay-To-Delay Case

    The Third Circuit on Thursday backed the dismissal of an antitrust suit alleging Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay the market entry of a generic version of the cholesterol drug Lipitor, ruling that the plaintiffs lacked standing.

  • August 13, 2026

    7 States Urge Feds To Reject $85B UP, Norfolk Southern Deal

    Seven state attorneys general are urging the federal Surface Transportation Board to reject the planned $85 billion merger between Union Pacific Corp. and Norfolk Southern Corp., saying the rail giants have not shown how the deal would serve the public interest.

  • August 13, 2026

    Cheer Competition Organizers Settle Antitrust Fight

    Cheerleading competition organizers at odds with the U.S. All Star Federation Inc. have told a Texas federal court they've reached a settlement to resolve all pending antitrust claims they asserted against the governing body.

  • August 13, 2026

    DirecTV Says Nexstar Suit Discovery Damning But Incomplete

    DirecTV says documents produced by Nexstar Media Group and the two companies accused of conspiring with the massive multimedia conglomerate to fix prices for retransmission fees already show that collusion was happening, but Nexstar is dragging its feet on producing the rest.

Expert Analysis

  • $100M Clean Air Act Ruling Transforms Parent Co. Liability

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    A Michigan federal court's recent decision in U.S. v. EES Coke Battery, holding a company liable for Clean Air Act violations at a plant owned by its subsidiary, weakens the legal shield between businesses and their corporate parents, and has started a legal battle that may last for years, say attorneys at Haynes Boone.

  • CFIUS' Mandate Misses Foreign Risk In Project Subcontracts

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    Recent calls for the Committee on Foreign Investment in the United States to review equity transactions like the Paramount Skydance-Warner Bros. deal miss a consequential oversight gap — CFIUS' inability to review the subcontracting layer of U.S. infrastructure projects, says Thibaut Giret at Alstef Group.

  • Looking At Drake's Diss Track Appeal Through An IP Lens

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    Though Drake's pending Second Circuit appeal over UMG's promotion of Kendrick Lamar's "Not Like Us" is formally about defamation, it shows that IP considerations can help identify records showing how a work traveled, which may guide courts when deciding context, says attorney Abdul Abdullahi.

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • How Rated Note Feeders Help Insurers Tap Private Credit

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    With insurer investments comprising nearly a third of the private credit market, rated note feeders offer insurers a compelling way to access private credit yields through debt instruments by balancing key features of debt investment with the structural and economic profiles of private credit funds, say attorneys at Akin.

  • How Reincorporating In Texas May Alter Earnout Disputes

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    While the DExit debate has focused on shareholder suits, far less attention has been paid to what reincorporating in Texas means for M&A disputes, making it particularly important to understand the nuances between Delaware and Texas earnout jurisprudence, say attorneys at Selendy Gay.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • Structuring Space Nuclear Deals For Regulatory Risk

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    With the White House's recent focus on space nuclear power, a highly important question for companies that want to build orbital reactors, lunar surface systems or critical components is whether the transaction documents can handle foreign investment constraints, export controls and treaty-linked liability, says Kristie Blase at Frazer + Blase.

  • Texas Business Court Rulings Show Deal Terms Paramount

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    As the courts within the Texas Business Court system have begun reaching the substantive merits of the cases before them, they are persuasively demonstrating they will not only enforce the terms of transactions as written, but will also embrace a holistic approach to complex transaction documentation interpretation, says Christopher Pace at Winston Taylor.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q2

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    The year's second quarter brought several noteworthy financial services developments to California, including activity around a commercial finance oversight bill, the former Consumer Financial Protection Bureau head's appointment to lead a new consumer agency, and a ruling reinforcing viable bank-fintech partnerships, say attorneys at Manatt.

  • Quantum Readiness May Paradoxically Raise Contractor Risk

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    The organizations best positioned for the cryptographic system migration deadlines and other requirements under President Donald Trump’s recent quantum executive orders will be those able to inventory their cryptographic dependencies while protecting their vulnerability road map from adversaries, says Jesse Lemon at The Beckage Firm.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • 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.

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