Commercial Contracts

  • September 21, 2026

    NJ Firm Says Communications Off-Limits In Defamation Case

    Investigative firm Black Cube has pushed back against a gambling technology company's bid to vacate a special adjudicator's denial of discovery into certain communications between Black Cube and law firm Calcagni & Kanefsky LLP, arguing the bid doesn't satisfy the discovery standard under New Jersey's anti-SLAPP law.

  • September 21, 2026

    Insurer Beats Auto Parts Co.'s $50M COVID-19 Coverage Bid

    A North Carolina federal court permanently tossed an auto parts manufacturer's suit seeking $50 million in coverage for COVID-19 losses, saying the manufacturer failed to show that access to any of its insured facilities was limited due to the actual presence of a communicable disease.

  • September 21, 2026

    Crypto Firm, Ga. Investor Reach Deal To End Fraud Suit

    An investor has agreed to end her lawsuit accusing a Texas-based crypto investment company of letting her funds get caught up in a fraudulent scheme to funnel money to foreign countries, according to a filing in Georgia federal court.

  • September 21, 2026

    Clippers Tap BigLaw Vet To Fill In For Suspended Owner

    The Los Angeles Clippers on Monday named veteran corporate litigator John S. Gibson as the team's interim CEO and governor while team owner Steve Ballmer serves a one-year suspension for violating the NBA's salary cap rules.

  • September 21, 2026

    2nd Circ. Gives Ex-LVMH Atty A New Shot At Retaliation Case

    The Second Circuit on Monday reinstated retaliation claims brought by a former LVMH attorney who alleged that the French luxury brand fired her for reporting sexual misconduct, concluding that her refusal to engage in settlement discussions could constitute legally protected activity.

  • September 21, 2026

    Kraft Heinz Says Insurers Won't Cover Processed Food Suits

    Chubb units and Liberty Mutual are wrongfully refusing to cover Kraft Heinz's defense costs for several lawsuits blaming the food company's "ultra-processed foods" for consumers' diabetes or fatty liver disease diagnoses, costing the company millions of dollars, Kraft Heinz said in a Pennsylvania state court complaint.

  • September 18, 2026

    Lilly Left Nektar Drug 'Damaged Goods,' Jury Told At Trial End

    Eli Lilly & Co. turned Nektar Therapeutics' autoimmune-disease drug Rezpeg into "damaged goods" by breaching the companies' co-development deal and delaying the medication's development in favor of a competing drug the pharma giant subsequently acquired, Nektar's counsel told a California federal jury during closing arguments Friday in the $1 billion case.

  • September 18, 2026

    Cannabis Tech Co. Says Ex-Workers Stole IP For New Venture

    Cannabis marketing company Alpine IQ Inc. and its chief executive are countersuing two former employees, accusing them of stealing code to build a competing product and urging a federal judge not to let them avoid claims they infringed the company's copyright.

  • September 18, 2026

    Gerber Can't Trim Antitrust Claims Over Perrigo Factory Sale

    A New York federal court on Friday rejected Gerber's bid to trim a baby-formula packager's antitrust lawsuit against the Nestle-owned company, finding that the packager sufficiently alleged Gerber recently sold its infant-formula factory to Perrigo to entrench Perrigo's market power "at the expense of potential competitors."

  • September 18, 2026

    Gaming Record Label Sues Rival Over YouTube Takedowns

    Video-game music record label GameChops launched a lawsuit in Washington federal court Friday accusing a Washington-based competitor of a campaign to force it to accept "unjustified and unreasonable demands," primarily by flagging its YouTube videos for takedown based on fabricated copyright concerns.

  • September 18, 2026

    McGraw-Hill Can't Exit Authors' Textbook Royalty Suit

    A Manhattan federal judge has refused to grant publisher McGraw-Hill a win in litigation brought by textbook authors over book royalties, ruling that a reasonable jury could conclude there was a breach of a section of their publishing agreements.

  • September 18, 2026

    Texas Oil Exec Asks 5th Circ. To Ax 'Lopsided' $210M Verdict

    Exxon-acquired company InterOil's founder has urged the Fifth Circuit to reverse his $210 million loss in a lengthy Texas battle with a Swiss financier, arguing it resulted from a "lopsided" trial with sleeping and distracted jurors and a "cascading series of prejudicial errors" that wrongly allowed his ex-lawyer to testify.

  • September 18, 2026

    Ex-Animal Rescue Dir. Owes $975K In TM Feud, Judge Says

    A Pennsylvania federal judge has awarded animal shelter and rescue Last Chance Ranch a $975,000 judgment against its former director, saying the cyberpiracy and trademark infringement merited damages and attorney fees.

  • September 18, 2026

    Kalshi Loses Bid To Lift Wash. Event Contracts Ban

    Kalshi can't lift an injunction currently barring its operations in Washington, a King County Superior Court judge ruled, denying the prediction market's request to reconsider an August order blocking the company from offering most event contracts to state residents.

  • September 18, 2026

    Oppenheimer Customers Win Final Approval For $70M Deal

    A New York federal judge on Friday granted final approval to a $70 million settlement between Oppenheimer & Co. and a class of customers that resolves claims that the investment bank pocketed hefty fees from its cash sweep account program while paying customers "unreasonable, below-market interest rates."

  • September 18, 2026

    Insurers Seek To Toss $6M Mill Coverage Fight

    Insurers urged a Colorado state judge to toss a flour processor's claims over coverage for equipment destroyed in a Texas mill explosion, saying a roughly $6 million coverage fight does not support bad faith claims after insurers paid nearly $44 million toward the loss.

  • September 18, 2026

    Fla. Panel Upholds $1.19M Auto Crash Verdict Against Insurer

    A Florida state appellate court on Friday issued a split opinion upholding a $1.19 million noneconomic damages verdict for a woman injured by an uninsured motorist, but reversed a $230,000 award for future medical expenses after finding most of that amount was based on speculation. 

  • September 18, 2026

    OpenAI Can't See SpaceXAI, Apple Antitrust Settlement Terms

    OpenAI cannot access a confidential settlement between Elon Musk's SpaceXAI and Apple Inc. over SpaceXAI's antitrust lawsuit challenging Apple's integration of OpenAI's ChatGPT into its devices, a Texas federal court has ruled, finding the settlement isn't relevant to the case against OpenAI.

  • September 18, 2026

    Transpo Tracker: Amazon Crash Suits, Md. Bridge Claims Trimmed

    In our latest Law360 Transportation Tracker, a deadly runway crash of an Amazon cargo plane has sparked a series of negligence and wrongful death lawsuits, while California scored two injunctions blocking the Trump administration's efforts to wipe out the state's Clean Air Act waivers. 

  • September 18, 2026

    NJ Justices Say No To Mass Tort For No Surprises Act Suits

    The New Jersey Supreme Court has rejected an application from five health insurers to designate 160 pending cases seeking the enforcement of alleged independent dispute resolution payment determinations issued under the federal No Surprises Act as multicounty litigation.

  • September 18, 2026

    Universal, Sony Expand IP Battle With AI Music Startup

    Sony Music Entertainment and Universal Music Group launched a new suit against artificial intelligence company Suno Inc. on Friday after they discovered "millions" of copyrighted songs in the training data for an AI song generator, but were not permitted by a judge to add the works to an existing lawsuit.

  • September 18, 2026

    NY Surgeons Say Elevance Penalty Policy Is Anticompetitive

    A practice group for independent neurosurgeons lobbed an antitrust suit against Elevance Health Inc. in New York federal court alleging the insurer is impeding their ability to compete for patients by threatening to financially penalize and terminate in-network facilities that work with them.

  • September 18, 2026

    Bungled Injury Settlement Cost Insurer $3.7M, NC Suit Says

    An insurer says a third-party claims administrator owes $3.7 million for an underlying personal injury settlement after the administrator allegedly failed to tender a settlement offer in time that would have been within the insured's policy limits.

  • September 18, 2026

    NJ Flags Possible Unauthorized ICE Activity At Warehouse

    New Jersey and a local township told a federal court that they are investigating reports of U.S. Immigration and Customs Enforcement using a 470,000-square-foot warehouse as a detention center, which would violate a court order.

  • September 18, 2026

    Campbell's Can't Undo $17M Soup Rack Patent Verdict

    An Illinois federal judge has refused to nullify a $17 million patent infringement verdict against Campbell's Soup Co., rejecting its claims that a reasonable jury would have awarded only nominal damages to Gamon at most.

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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