Commercial Contracts

  • May 12, 2026

    Employee Benefits Atty Joins Freshfields From Debevoise

    Freshfields LLP has hired a former Debevoise & Plimpton LLP attorney who focuses on the employment and executive compensation aspects of mergers and acquisitions and private equity transactions.

  • May 11, 2026

    NJ Justices Back Coverage Exclusion Reservation Of Rights

    The New Jersey Supreme Court on Monday said an insurer doesn't waive its right to rely on a policy exclusion after initially defending a claim, backing Berkley Insurance Co. in a coverage dispute stemming from self-dealing suits against a pharmaceutical company and its chairman.

  • May 11, 2026

    Boeing's 737 Max Deceit Cost Airline Over $150M, Jury Told

    Counsel for LOT Polish Airlines kicked off trial in a fraud suit against Boeing on Monday, telling a Seattle federal jury that the aerospace giant caused more than $150 million in losses after 737 Max jets the airline leased became "giant paperweights" amid a global grounding tied to two catastrophic crashes.

  • 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.

Expert Analysis

  • FTC Focus: When Green Goals And Antitrust Law Collide

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    A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.

  • How Bankruptcy Law Caps Landlords' Rejected Lease Claims

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    With corporate bankruptcy filings for the first half of the year at a 15-year high, landlords should be prepared for commercial tenants to use the bankruptcy process to reject unwanted leases in order to lessen corporate footprints and improve liquidity, say attorneys at Mintz.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • How To Address Tariff-Related Risks In Commercial Contracts

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    Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • A New IP Game Plan For College Football Players

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    For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.

  • 11th Circ. Ruling Shows Federal Question Jurisdiction Limits

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    The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • Opinion

    The Fallout Of Drake's Defamation Suit Against UMG

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    Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • 2 Appellate Rulings Offer Clickwrap Enforcement Road Map

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    Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.

  • SDNY Ruling Reinforces Joint Steering Committee Obligations

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    The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

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