Commercial Contracts

  • May 11, 2026

    Wash. Says Novartis Isn't Harmed By 340B Drug Pricing Law

    Washington is objecting to Novartis' attempt to block a state law that expands the discounts the drugmaker must provide under the federal 340B Drug Pricing Program, telling a federal court that worry about losing money doesn't constitute irreparable harm.

  • May 11, 2026

    Cannabis Co. Can't Block Discovery Despite Dismissed Claim

    A California state court denied a cannabis dispensary operator's request to block discovery, ruling that an investor who allegedly loaned it $1.2 million can continue seeking evidence even though his breach of contract claim had been dismissed.

  • May 11, 2026

    5th Circ. Wary To Flip IP Suit's 'Case-Terminating Sanctions'

    A Fifth Circuit panel seemed skeptical of a bid to undo "case-terminating sanctions" that a lower court leveled against a servicing company accused of stealing Philips North America LLC's trade secrets, saying Monday that the company admitted to deleting some files to cover its tracks.

  • May 11, 2026

    Colo. Trial Firm Seeks Fees Ruling In Case Against Injury Firm

    A trial law firm asked a Colorado state court to determine whether a personal injury firm the trial firm contracted with is entitled to fees after the defendant terminated the firms' of-counsel agreement and did so, the trial firm alleged, without good faith.

  • May 11, 2026

    Pharma CEO's Role In Ex-Exec's Contract Permits Deposition

    North Carolina's business court has refused to shield the CEO of biopharmaceutical firm United Therapeutics Corp. from being deposed in a trade secrets lawsuit against a former executive and his new employer, finding it reasonable to believe she was an "ultimate decision-maker."

  • May 11, 2026

    Fla. Panel Denies Arbitration In Nursing Home Death Suit

    A Florida state appellate court denied an arbitration bid in a wrongful death suit brought by the son of an elderly man who died in a nursing home, ruling Monday that the patient lacked the mental capacity to sign an agreement upon being admitted to the facility. 

  • May 11, 2026

    Packaging Co. Wins 2nd Block On Rival's Insulated Container

    A cold storage packaging company has won a second injunction barring a rival manufacturer from selling an insulated shipping container that allegedly infringes its patents, according to a North Carolina federal judge's order.

  • May 11, 2026

    Fed. Circ. Won't Rehear NASA Contractor Patent Fight

    The Federal Circuit declined to reconsider its ruling siding with a district court's decision to grant summary judgment to a NASA contractor over claims the contractor infringed a rotary wing vehicle patent owned by two California brothers.

  • May 11, 2026

    NC Tech Co. Says Supplier Botched Raytheon Battery Deal

    A manufacturer hired by defense contractor Raytheon to develop 270-volt battery packs for powering a weapon on the military's Apache helicopters has accused a business partner of repeatedly failing to meet various delivery deadlines for parts needed to produce the units.

  • May 11, 2026

    Brewery Says Eviction Bid Chases Profit From FIFA World Cup

    A Houston brewery asked a Texas state court on Monday to block its landlord from evicting it ahead of the 2026 FIFA World Cup, alleging the landlord manufactured lease defaults to retake the property and profit from its location near Houston's planned tournament fan zone.

  • May 11, 2026

    Ex-US Rep. Faces $1.4M Sanction In Venezuela Contract Fight

    Former Florida Congressman David Rivera, who was found guilty this month of failing to register as a foreign agent, is now facing a nearly $1.4 million sanction in New York, where the U.S. affiliate of Venezuela's state-owned oil company sued his consulting firm over a $50 million agreement that fell apart.

  • May 11, 2026

    Volvo Says Recalls For Faulty Backup Camera Moot Suit

    Volvo has urged a New York federal judge to dismiss a proposed class action alleging it sold cars with defective rear cameras that don't operate properly when in reverse, arguing the claims aren't ripe since the plaintiff didn't say he took advantage of remedies offered through the automaker's nationwide voluntary recalls.

  • May 11, 2026

    Bain-Linked Unit Accuses Sellers Of Secret Deals In TM Suit

    A Bain Capital portfolio company that manufactures hand and power tools has accused its distributors of making backdoor deals with unauthorized resellers to peddle trademarked products on online marketplaces such as Amazon without approval.

  • May 11, 2026

    Binance Takes Investor Suit Arbitration Bid To 11th Circ.

    Binance and former CEO Changpeng Zhao are asking the Eleventh Circuit to review a Florida federal judge's decision denying their bid to compel arbitration of a proposed class action alleging that the crypto trading platform knowingly violated U.S. regulatory requirements.

  • May 11, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled a varied mix of settlement approvals, political office disputes, transaction fights, emergency injunction bids and questions over how far the court can go to preserve records for litigation outside Delaware.

  • May 11, 2026

    ChatGPT Suit Points To Ups And Downs Of Pro Se AI Use

    A recent lawsuit against OpenAI highlights many of the hopes and anxieties about pro se litigants using generative artificial intelligence to churn out legal arguments. The technology raises concerns about confidentiality, hallucinations and ethical issues, but some access-to-justice advocates worry the lawsuit may hinder technology that might democratize legal services.

  • May 08, 2026

    Accounting Firm Accused Of Helping Director Usurp Dad's Co.

    SingerLewak LLP grossly mismanaged the assets of the late Ivan Reitman's production company at the direction of his filmmaker son, according to a derivative lawsuit filed in California state court.

  • May 08, 2026

    Telecom Tower Owners Found In Contempt Over Sale Defiance

    A New York federal judge said he is tired of his orders being ignored after years of overseeing a fight over a corporate coup, and has ruled to hold the majority shareholders of a telecommunications infrastructure firm "and the person who controls them" in contempt of court.

  • May 08, 2026

    Franchisees Say Jack In The Box Trying To 'Avoid' Calif. Law

    Two Jack in the Box Inc. franchisees have answered the fast-food giant's bid to avoid contributing to a legal settlement over allegedly noncompliant job postings by saying Jack in the Box is attempting to "avoid" a California law that could work against it.

  • May 08, 2026

    Amazon Studios Exec Led Kickback Scheme, Producer Says

    Amazon MGM Studios has done nothing to stop one of its senior staff from orchestrating a "pay-to-play" scheme in selecting post-production vendors, according to a new lawsuit filed by a producer who says his company was excluded from Amazon-affiliated productions when he refused to pay a kickback.

  • May 08, 2026

    Former H-2A Workers, Turf Farm Ink $850K Overtime Deal

    Former H-2A workers alleging a turf farm avoided paying them overtime by misidentifying their roles while having them do substantial, non-agriculture-related landscaping work told a Missouri federal judge Friday they've reached an $850,000 settlement to resolve the yearslong Fair Labor Standards Act litigation. 

  • May 08, 2026

    Texas Justices Order Appraisal In $40M Flood Damage Dispute

    Texas' highest court on Friday conditionally granted a mandamus petition by insurers seeking to compel appraisal in litigation over roughly $40 million in water damage to a Dallas property owned by a real estate development group.

  • May 08, 2026

    Embezzler's $250M Suit Against FanDuel Sent To Arbitration

    A New York federal judge has ruled that an arbitrator will decide a dispute between FanDuel and a former NFL team administrator convicted of embezzlement who accuses the online sports betting platform of taking advantage of his gambling addiction.

  • May 08, 2026

    Amtrak Wins Arbitration Bid In Passenger Injury Suit

    A Pennsylvania federal judge has sent to arbitration a personal injury suit accusing Amtrak of causing a passenger's injuries, saying the passenger agreed to arbitrate her claims by accepting Amtrak's online ticket terms.

  • May 08, 2026

    Venezuela Oil Co. Seeks Redo On Rig Seizure Claims

    Venezuela's state-owned oil company is urging the U.S. Supreme Court to revisit a D.C. Circuit opinion ordering the company to face long-pending allegations of unlawfully seizing an Oklahoma-based oil drilling company's rigs, arguing the ruling upends decades of precedent on the act of state doctrine.

Expert Analysis

  • Lessons From Justices' Split On Major Questions Doctrine

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    The justices' varied opinions in Learning Resources v. Trump, which held the International Emergency Economy Powers Act did not confer the power to impose tariffs, offer a meaningful window into the U.S. Supreme Court's perspective on the major questions doctrine that will likely shape lower courts' approach to executive action challenges, say attorneys at Venable.

  • Proposed DOL Rule Could Simplify Contractor Classification

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    If the U.S. Department of Labor's recently proposed rule governing employee versus independent contractor classification is finalized, it would permit energy sector employers to evaluate the nature of the working relationship with a more straightforward and predictable analysis than the 2024 rule's unweighted test, say attorneys at Bracewell.

  • How The New Tariff Landscape May Unfold

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    To replace tariffs formerly imposed under the International Emergency Economic Powers Act, the administration will rely on a patchwork of statutes, potentially leading to procedural challenges and a complex tariff landscape with varying levels, durations and applicability, says Joseph Grossman-Trawick at King & Spalding.

  • What GCs Should Keep In Mind When Developing AI Addenda

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    When general counsel develop their own customer-side artificial intelligence addenda to be used as the baseline for negotiations with AI vendors, they should take care to rightsize the addenda relative to their organization's size, complexity and bargaining power, say attorneys at Polsinelli.

  • 2nd Circ. Kazakh Ruling Clarifies RICO Rule, FSIA Exception

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    The Second Circuit's recent Yerkyn v. Yakovlevich ruling, dismissing a Racketeer Influenced and Corrupt Organizations Act claim, demonstrates that RICO's domestic injury requirement is a merits question, and reaffirms the Foreign Sovereign Immunities Act's commercial activity exception, says Brant Kuehn at Greenspoon Marder.

  • Character.AI Case Highlights Agentic AI Liability Questions

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    The recently settled litigation against Character Technologies Inc. provides an early case study for exploring salient legal issues related to agentic artificial intelligence, such as tort liability, strict liability, statutory liability and contractual liability, says Samuel Mitchells at Smith Gambrell.

  • How DOL Rule Would Preserve App-Based Contractor Work

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    The U.S. Department of Labor's proposed 2026 independent contractor rule reinforces the centrality of worker autonomy and entrepreneurial opportunity that characterize many app-based arrangements, and returns to a framework that may offer increased predictability for platforms and workers alike, say attorneys at Gibson Dunn.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • Compliance Takeaways Amid Subscription Practices Scrutiny

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    The Federal Trade Commission's prioritization of enforcement regarding deceptive billing and cancellation practices in recurring subscriptions, and new click-to-cancel rulemaking expected on the horizon, carry key takeaways for companies using recurring subscriptions to sell products or services, say attorneys at Arnold & Porter.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

  • What Kalshi Cases Reveal About State Authority, Regulation

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    Prediction markets like Kalshi have ignited complex legal battles that get to the heart of how novel financial products intersect with traditional state enforcement authority, and courts are already beginning to divide over whether federal law preempts state enforcement authority restricting these offerings, say attorneys at Holtzman Vogel.

  • What US Arms Sales Reforms Mean For Defense Industry

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    A recent executive order with the goal of increasing U.S. arms sales transparency, speed and government-industry collaboration carries both promise and risk for the defense industry as the government seeks to leverage the private sector and use commercial products for defense purposes, say attorneys at Fluet.

  • How Recent Del. Rulings Clarify M&A Deal Fraud Carveouts

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    Two recent Delaware decisions have provided clarity regarding when a party can or cannot rely on representations made during the course of an M&A transaction, particularly on the scope and enforceability of antireliance provisions, and on representations they knew or should have known were false, says Anthony Boccamazzo at Olshan Frome.

  • Aligning Microsoft Tools With NYC Bar AI Recording Guidance

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    The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from January and identifies practice tips from cases involving allegations of violations of consumer fraud regulations, the Fair Credit Reporting Act, employment law and breach of contract statutes.

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