Commercial Contracts

  • August 14, 2026

    5th Circ. Backs Investment Co.'s Sanction In Highland Ch. 11

    The Fifth Circuit on Friday decided to keep in place an $826,000 sanction against NexPoint Real Estate Partners, finding "clear and convincing evidence" showed it filed and litigated a bad-faith claim in the Chapter 11 case of defunct hedge fund Highland Capital Management LP.

  • August 14, 2026

    NC County Sues Bankrupt Hospital Operator For $10M

    North Carolina's Martin County has sued CHS/Community Health Systems Inc. for $10 million in North Carolina federal court, alleging the company failed to honor its obligations to run Martin General Hospital after its affiliate filed for Chapter 7 in 2023.

  • August 14, 2026

    Ex-Under Armour Ally Wants Pause For Appeal Of Cut Claims

    Textile supplier Multiple Energy Technologies asked a Pennsylvania federal judge to pause the trial on its trimmed-down case against Under Armour, arguing in a brief that the Third Circuit should decide an appeal of the partial dismissal before the district court moves ahead.

  • 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.

Expert Analysis

  • Decoding Arbitral Disputes: Curial Review Limits In Singapore

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    The Singapore International Commercial Court's recent decision to dismiss an application for supervisory relief from a Singapore International Arbitration Centre final costs award illustrates the limits of converting adverse financial consequences into public policy objections, even where the commercial result is severe, says Josep Galvez at 4-5 Gray's Inn.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • USTR Forced Labor Tariff Plan Pushes Trade Recourse Limits

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    Tariffs recently proposed by the U.S. Trade Representative’s Office, which determined that 60 countries failed to implement adequate forced labor protections, expand the use of existing trade remedies to address global supply chain labor standards, potentially inviting both practical adjustments by businesses and careful legal scrutiny, says attorney Sohan Dasgupta.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • How Tenants Can Guard Against Unpaid Build-Out Allowances

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    As market pressures on landlords intensify liquidity problems and reimbursement disputes, commercial tenants negotiating office leases should proactively address the risk of delayed or unpaid construction allowances by implementing strategies including escrow protections, letters of credit, guaranties and offset rights, say attorneys at White & Williams.

  • A Look At The Court's Next Steps In Live Nation Antitrust Case

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    Following a recent jury verdict that Live Nation and Ticketmaster operated as a monopoly to fix ticket prices, a New York federal court stands to weigh Live Nation's bid for a new trial, approve the U.S. Department of Justice's March settlement with the defendants, and impose remedies that include full structural separation, say attorneys at Crowell.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Foot Locker Fine Illustrates SEC's Whistleblower Priorities

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    The U.S. Securities and Exchange Commission's recent fining of Foot Locker for its separation agreements is a reminder that the commission remains serious about maintaining open channels for reporting whistleblower concerns and that provisions can violate Rule 21F-17(a) without specifically barring communications with the SEC, says Jonathan Richman at Brown Rudnick.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • Del. Chancery Has Signaled Decreased Use Of Its Blue Pencil

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    The Delaware Chancery Court's decision in BluSky Restoration Contractors v. Robbins not to enforce or rewrite overbroad language, known as blue-penciling, in key covenants shows that the sale of a business context no longer insulates these restrictive measures from judicial scrutiny, affecting transactions and litigation, says Aylin Daldal at Kleinbard.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • AI Practices To Protect Trade Secrets Amid Unstable Case Law

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    Amid recent diverging district court approaches to whether inputting proprietary information into artificial intelligence tools could constitute a failure to take reasonable measures to safeguard secrets, trade secret owners must adapt their confidentiality practices to keep trade secrets secure, says Fitz Collings at MoFo.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

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