Commercial Contracts

  • November 10, 2026

    Investment Firm Says Analyst Used AI To Steal Source Code

    A research analyst for the quantitative trading arm of investment firm Point72 LP used company-provided artificial intelligence programs to extract proprietary source code so he could bring it to a competitor, according to a Connecticut state court lawsuit.

  • November 10, 2026

    Mass. Justices Say Gym's Waiver Not Valid In Child Injury Suit

    Massachusetts' highest court ruled Tuesday that a children's gymnastics school cannot rely on a liability waiver to shield itself from claims brought on behalf of a child injured during a class, reviving a negligence lawsuit against the facility.

  • November 10, 2026

    Ex-NASCAR Exec Says Discovery Shows He Stole No Secrets

    The ex-competition director for one of NASCAR's biggest teams says he beats claims that he ran off to join the competition with his old employer's trade secrets in his pocket, telling a North Carolina federal court that Joe Gibbs Racing still can't show he ever shared anything he wasn't supposed to.

  • November 10, 2026

    Josh Cellars Parent Owes Ex-President Royalties, Jury Told

    The companies behind Josh Cellars wines breached an agreement to distribute trademark royalties to a former company president who owned 20% of a holding entity, all because the family that controlled the brand wanted to keep the money for themselves, a Connecticut jury heard Tuesday.

  • November 10, 2026

    Reynolds Says Delaware Ruling Didn't Cause Tobacco Loss

    Reynolds American Inc. and R.J. Reynolds Tobacco Co. urged the Delaware Chancery Court on Tuesday to dismiss Philip Morris' lawsuit over a $112 million tobacco settlement it called a windfall for Reynolds, arguing a Delaware indemnification ruling did not cause their rival to pay the state of Florida any more money.

  • November 10, 2026

    Netflix Unable To Get Video IP Suit Thrown Out Under Alice

    A federal judge sitting in Delaware has rejected Netflix's attempt to escape a suit alleging that it infringed three video patents owned by an Irish licensing company, finding that the streaming giant hadn't shown that the claimed inventions are ineligible for patenting.

  • November 10, 2026

    Toyota Insurance Loses TRO Bid In Farmers Underwriting Suit

    A Delaware Chancery Court judge has denied Toyota Insurance's request to pause policy renewal letters slated to start rolling out this week from underwriter Farmers Insurance Exchange, saying the automaker waited too long before filing its contract breach suit against Farmers, and now there's insufficient time to craft a workable temporary restraining order.

  • November 10, 2026

    Google Falls Short In Renewed SerpApi Scraping Suit

    A California federal judge has again found that Google's copyright infringement suit against internet scraping service SerpApi was deficient, saying the suit did not allege enough for the court to infer that the content at issue met the level of creativity for protection, but the judge allowed Google another chance to amend its case.

  • November 10, 2026

    Blue Cross Appeals Denial Of Ford Health Benefits Discovery

    Blue Cross Blue Shield of Michigan has asked a federal judge to reconsider a magistrate judge's ruling that rebuffed its attempt to obtain discovery from Ford Motor Co. and rejected its requests for additional depositions in an antitrust lawsuit brought by the automaker.

  • November 10, 2026

    JPMorgan Can't Reclaim $45M For Frank Fraud, Investors Say

    Three investors in college financial startup Frank told the Delaware Chancery Court on Tuesday that JPMorgan Chase Bank NA waived the $45 million in claims it wants to recover from the fraudulent $175 million acquisition of Frank.

  • November 10, 2026

    Dechert Hires Alston & Bird Atty For NYC Global Finance Team

    Dechert LLP has hired an Alston & Bird LLP partner who's worked on residential and commercial mortgage loan deals as a partner on its global finance team in its New York City office, the firm announced Tuesday.

  • November 09, 2026

    Execs Sandbagged Failed Trucking Insurer Receiver, Jury Told

    The receiver for defunct trucking insurer Spirit told a Nevada jury Monday that in the days after a court took control, executives of an outside company handling Spirit's business functions inserted "extraordinary" roadblocks into the process of alerting customers that the insurer was finished.

  • November 09, 2026

    Coors' Supplier Appeals Colo. Court's Block Of Contract Exit

    Beer brand supplier Constellation Brands Inc. has asked the Colorado Court of Appeals to decide whether a Denver judge improperly blocked it from terminating its 18-year-long distribution contract with Coors Distributing Co. LLC.

  • November 09, 2026

    Treasure Hunter Says Backer Refusing To Divvy Up Loot Fairly

    A treasure hunter and his company asked a Texas federal judge on Sunday to appoint a receiver to oversee the distribution of sunken Spanish treasure after his financial backer refused to turn over artifacts in a "neutral" manner.

  • November 09, 2026

    Under Armour Reaches Deal With Ex-Supplier Ahead Of Trial

    A Pennsylvania federal court has canceled a trial that was scheduled to start Monday after Under Armour said it has agreed to a settlement with a former supplier that accused the athletic wear maker of interfering with its contracts for bioceramic powder used in recovery-enhancing clothing material.

  • November 09, 2026

    Ex-Eli Lilly Rep Fights Firing After Flagging Mounjaro Abuse

    A former pharmaceutical sales representative on Monday told a Texas federal court that Eli Lilly and Co. wrongfully fired her after she blew the whistle on the company's practice of offering its lucrative drug Mounjaro as a weight loss drug, saying Eli Lilly asked her to breach the law.

  • November 09, 2026

    9th Circ. Undoes Royalties Award In Anesthetic Contract Case

    The Ninth Circuit has set aside a judgment directing Research Development Foundation to pay royalties to Pacira Pharmaceuticals Inc. in a contract dispute involving the anesthetic Exparel, further remanding the case for a recalculation of prejudgment interest.

  • November 09, 2026

    Med Group Ordered To Return $750K Overpayment To Insurer

    A pediatric specialty practice group must pay Equitable Financial Life Insurance Co. upwards of $750,000 it received as an overpayment after the group surrendered its policies, an Illinois federal judge ruled Monday, finding the provider breached its contract by failing to surrender the funds.

  • November 09, 2026

    Comedians Drop Suit Over Sam Adams 'Toast Someone' Ad

    Comedians featured in a Sam Adams ad campaign have resolved a lawsuit in Massachusetts state court alleging the company continued to use their images long after its right to do so had ended.

  • November 09, 2026

    Fintech Platform Stiffed Acting CEO On Way Out, Suit Says

    A former interim leader at financial technology platform Advisor360 said in a lawsuit filed in Massachusetts state court that he was promised a retroactive pay bump for stepping into what was effectively an interim CEO role last year, only to be ousted after he sought to enforce the deal.

  • November 09, 2026

    Ohio Seeks Toss Of NCAA Challenge To Eligibility Order

    Ohio Governor Mike DeWine urged an Ohio federal court on Friday to toss the NCAA's lawsuit challenging his executive order allowing universities in the state to bypass new NCAA athlete eligibility rules for the class of 2022, noting that it's the schools that retain discretion.

  • November 09, 2026

    2nd Circ. Affirms $19.5M Win For Scholastic In Insurance Fight

    The Second Circuit has upheld a $19.5 million judgment for Scholastic Inc. following a fight with a Travelers unit over whether the insurer had to cover Scholastic's litigation expenses in a separate copyright and trademark infringement case.

  • November 09, 2026

    Meta Looks To Toss Facial Data AI Training Claims

    Meta Platforms Inc. has urged an Illinois federal judge to throw out a proposed class action accusing it of illegally harvesting Facebook and Instagram users' facial data to train artificial intelligence models, arguing that the plaintiffs cannot show their specific photos were used and that the company is exempt from Illinois' biometric privacy law because of its financial services subsidiary.

  • November 09, 2026

    Belichick's Ex Says Airbnb Hosts Leaked Ring Footage

    A Massachusetts couple who rented a home on Airbnb to Jordon Hudson while her relationship with ex-New England Patriots coach Bill Belichick was still not public shared Ring camera footage of the NFL legend that subsequently went viral and exposed their romance, according to a lawsuit accusing the property owners of invasion of privacy and breach of contract.

  • November 09, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week cleared the way for Cloudflare Inc. to seek immediate review of an injunction blocking a stock restructuring designed to preserve its founders' control, while setting a January hearing in a similar dispute over Meta Platforms Inc.'s plan to create nonvoting shares.

Expert Analysis

  • Planning Personal Phone Collections Before Discovery Begins

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    For counsel planning a personal phone collection as part of the litigation discovery process, it's important to take early steps to ensure that necessary information will be obtained without exposing unrelated information or running into access issues, says Jeremy Horowitz at MARA Forensics.

  • How Power Grid Delays Are Reshaping Data Center Deals

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    Texas' pause on permits while it studies data centers' effect on its electrical grid highlights the nationwide problem of yearslong interconnection delays, where the ways developers, investors and customers bridge that gap — and decide who bears the risk when it widens — increasingly determine whether a deal works, say attorneys at King & Spalding.

  • 2 Del. Rulings Show Postclosing Earnout Arrangement Risks

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    Two recent Delaware Court of Chancery decisions illustrate the contractual and fiduciary duty risks associated with earnout provisions in M&A transactions, offering lessons on allocating postclosing control, drafting enforceable earnout covenants and managing executives whose pay depends on the outcome, says Chris Brown at Taft.

  • Opinion

    Judges Must Turn To Merits Earlier To Fix Civil Justice System

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    The U.S. justice system is long overdue for a cultural shift that encourages judges to engage with the merits of a case from the outset, which would help to cut through procedural complexities and deliver high-quality justice efficiently and at lower cost, says Steven Kayman at Rottenberg Lipman.

  • 6 Ways RE Projects Can Balance Campus, Commercial Needs

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    Recent mixed-use campus developments show that housing, research, hospitality, retail and recreation can share infrastructure and institutional identity while operating under diverse requirements, as long as the underlying agreement structures are carefully thought out and drafted, says Bob Burton at Winstead.

  • Series

    Open-Water Swimming Makes Me A Better Lawyer

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    Swimming long distances in open waters is not necessarily an escape from my intellectual property practice, but a complementary discipline that similarly rewards sustained attention, intellectual curiosity, resilience and the ability to pursue a distant objective without losing command of the immediate task, says Christina MacDougall at Morgan Lewis.

  • How Contracts Can Address Agentic AI Monitoring Risk

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    In light of two recent OpenAI incidents of artificial intelligence agents disabling their monitoring safeguards, companies deploying agentic AI should draft contracts reflecting the possibility that controls can fail, and identify who controls each safeguard, whether the AI agent can interfere, and how a failure will be detected, say attorneys at Zova Law.

  • Opinion

    The Invisible AI Danger That May Undermine Legal Profession

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    A public database tracking cases involving hallucinations generated by artificial intelligence recently surpassed 2,200 entries, but the bigger risk underlying attorneys’ use of such tools is that they will slowly surrender their judgment to AI and lose analytical skills, says Massachusetts District Court Associate Justice Brian Palmucci.

  • Full Policy Payment May Not Bar Insurer Bad Faith In 9th Circ.

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    Establishing that an insurer acted within its contractual rights likely disposes of a breach-of-contract claim, however, following the Ninth Circuit's recent ruling in Quilbillies v. First American Title Insurance, the same showing may not dispose of bad faith, says Tracy Garcia at Cozen O'Connor.

  • Logistics Update: Handling Iran War Supply Chain Limitations

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    The war in Iran is straining global logistics by introducing practical, commercial, legal and claims limitations for both operators and customers — so all supply chain participants must understand the resulting legal issues, and how to respond to them, says Jonathan Todd at Benesch.

  • How AI Could Help Judges Spot Their Own Biases

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    In close cases where there’s room for discretion, artificial intelligence could challenge judges’ implicit biases by running counterfactual tests at scale — but any judicial use of such tools would need guardrails, say Arnold Peter at Peter Law and Nancy Rapoport at University of Nevada.

  • Tracking Texas: When Counterclaims Start The Removal Clock

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    The Texas Business Court's recent decision in Bakery v. Naterra International clarifies that, when the original claims do not meet the court's amount-in-controversy threshold, a presuit threat to bring high-value counterclaims does not itself make those unfiled claims part of the action, say attorneys at Greenberg Traurig.

  • 3 Strategies To Reduce AI Sycophancy In Legal Work

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    The tendency of generative artificial intelligence models to tell users what they want to hear can reinforce attorneys’ confirmation bias when testing the strength of arguments, and it can’t simply be prompted away — but a few practices can help mitigate it, says Michael Ott at Ice Miller.

  • 2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

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    In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.

  • How Senate-Passed Bill May Reshape NCAA Antitrust Liability

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    With the U.S. Senate's recent passage of the Protect College Sports Act, practitioners should not wait for the U.S. House of Representatives' approval to prepare for shifts in potential antitrust protections, compensation, media rights deals and conference mergers, say attorneys at Norton Rose.

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