Commercial Contracts

  • 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.

  • September 18, 2026

    Injured Sprinter Says Puma Trying End-Run In German Court

    An athlete alleging she was injured by Puma's carbon fiber shoes has told a Massachusetts state court the brand's U.S. subsidiary should be barred from pursuing a $13.3 million de facto counterclaim in a German court, calling it an attempt to "intimidate" her and other runners pursuing product liability cases against the company.

  • September 18, 2026

    Berkshire Unit Says Coverage Barred For Worker's Death

    A Berkshire Hathaway insurance unit asked a Connecticut federal judge to declare it has no duty to defend a masonry contractor accused of safety failings in a state court suit over a worker's death, saying an exclusion bars coverage for injuries to employees.

  • September 18, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Victoria's Secret and Thomas Pink file competing IP claims, more than 1,000 retail consumers launch a group action against Binance, Baker Hughes targeted in a commercial claim by its former Russian subsidiary and university students hit four British institutions with breach of contract claims over pandemic-era closures.

  • September 17, 2026

    Universities May Want To Put NPE Clauses In IP Licenses

    The Federal Circuit's holding on Monday that a patent license between Texas A&M University and a failed startup remained active after the company became a patent assertion entity will require universities to determine early on how they want their patents used, attorneys say.

  • September 17, 2026

    Ex-YPF Investors Take Argentina To ICSID Over 2012 Seizure

    The International Centre for Settlement of Investment Disputes has picked up a bid for arbitration by investors in Argentine oil and gas exploration company YPF SA, making good on their statement to a New York federal judge that they will arbitrate their claims over Argentina's nationalization of YPF.

  • September 17, 2026

    Cannabis Co. Owners Ask To Toss $2M Investment Suit

    The entrepreneurs behind a Chicago dispensary urged a federal judge to end a lawsuit accusing them of defrauding investors out of nearly $2 million, arguing the claims have no business being heard in Ohio, belong in arbitration and are legally insufficient.

  • September 17, 2026

    Texas Judge Won't Block Voting Rule For Rick Perry's AI Co.

    A Texas business court judge has denied billionaire businessman Toby Neugebauer's bid to block a corporate governance measure at the artificial intelligence infrastructure company co-founded by former Texas Gov. Rick Perry, finding, among other things, Neugebauer has not shown he would suffer an injury absent relief.

  • September 17, 2026

    2nd Circ. Pauses Nielsen Order In Cumulus Tying Case

    The Second Circuit has put on hold a preliminary injunction ordering the Nielsen Co. to offer its national ratings data separate from its local offerings after the company argued that the lower court changed the terms of the injunction after the Second Circuit approved it the first time.

  • September 17, 2026

    Skycom Engineer Says Huawei Was His Real Boss In Iran

    A Tehran-born engineer who has since become a U.S. citizen on Thursday testified that he worked for Huawei on projects for the Iranian government, despite technically being employed by what prosecutors say was a thinly veiled subsidiary that the Chinese telecommunications company used to evade U.S. sanctions.

  • September 17, 2026

    9th Circ. Revives Laos' $5M Enforcement Bid In Casino Case

    The Ninth Circuit on Thursday revived the government of Laos' bid to enforce some $5 million in arbitral awards against an entrepreneur who was not party to an underlying arbitration stemming from an ill-fated casino venture, saying a lower court should have taken a closer look at the government's arguments.

  • September 17, 2026

    Appeals Court Skeptical Biz Court Is Wrong Place For Perot Suit

    Texas appellate judges seemed skeptical Thursday of a Dallas businessman's claim that the Texas Business Court doesn't have jurisdiction over his multimillion-dollar suit against Ross Perot Jr., saying the money at stake seems to make the case a fit for the Business Court.

  • September 17, 2026

    NFL Agent Blocked From Defending Poaching Suit, 3rd Circ. Told

    Counsel for NFL agent Todd France told a Third Circuit panel Thursday that his client was deprived of the opportunity to fight allegations that he poached another agent's client, asking the court to vacate an $810,846 arbitration award against him.

  • September 17, 2026

    Rail Giants Point To Shipper Support For $85B Merger

    Droves of companies that rely on freight in their daily business have recently thrown their support behind Union Pacific Corp.'s planned $85 billion merger with Atlanta-based Norfolk Southern Corp. in filings with a federal board being asked to approve the tie-up.

  • September 17, 2026

    Joe Gibbs Racing Demands Sanctions For Deleted Texts

    Joe Gibbs Racing LLC wants its former competition director sanctioned for allegedly failing to preserve key evidence after he deleted text messages with the owner of a rival NASCAR team where he is now employed as chief motorsports officer.

  • September 17, 2026

    SpaceXAI, Apple Must Show Texas Judge Antitrust Deal Terms

    A Texas federal judge has ordered Elon Musk's companies and Apple Inc. to provide him with a copy of their recent settlement for in-camera review after OpenAI Inc. demanded to look over the agreement and argued its terms may undermine the antitrust allegations SpaceXAI LLC is still pursuing against OpenAI.

  • September 17, 2026

    Justices Told Fed. Circ. Erred In Veterinary Software Feud

    A healthcare consulting services company wants the U.S. Supreme Court to review the Federal Circuit's refusal to revive its copyright and contract claims in a fight over rights to healthcare software for a U.S. Army veterinary records system.

  • September 17, 2026

    Fla. Tech Co. Says Ex-Execs Stole Web Browser Code

    A technology company has brought a Florida federal lawsuit accusing its former executives of quitting and running off with its trade secrets, alleging they went on to form a business that builds a competing web browser with stolen computer code. 

  • September 17, 2026

    Amway To Pay $225M To End Deceptive Marketing Claims

    The Federal Trade Commission and the State of Washington have reached a $225 million settlement with health and beauty company Amway and two of its affiliates to resolve allegations that they engaged in unfair and deceptive multilevel marketing tactics in which independent business owners and their recruits purchased products for "reasons other than genuine demand for them in a near-futile effort to make money while faking their customer sales."

  • September 17, 2026

    NC Sports Agency Aims To Sink Rival's Poaching Suit

    A North Carolina sports agency has urged a Michigan federal judge to throw out a lawsuit from a rival company over the alleged poaching of a sought-after college athlete, saying the claims are too thin to proceed.

Expert Analysis

  • Quantum Readiness May Paradoxically Raise Contractor Risk

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    The organizations best positioned for the cryptographic system migration deadlines and other requirements under President Donald Trump’s recent quantum executive orders will be those able to inventory their cryptographic dependencies while protecting their vulnerability road map from adversaries, says Jesse Lemon at The Beckage Firm.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • Legal Risks Of Using AI To Screen Psychedelic Trial Patients

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    Though using artificial intelligence to preemptively identify drug trial participants likely to experience placebo effects could produce clearer research results, sponsors will need to be ready for the new legal questions these methods raise about informed consent, accountability for algorithmically derived criteria, and potential bias in data training sets, says Kimberly Chew at Husch Blackwell.

  • Trump EOs Pair Quantum Push With Cyber Defense Overhaul

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    Two recent executive orders that mark a significant federal commitment to both advancing and defending against quantum technology create potential opportunities for companies in the quantum, AI and technology sectors and pose future compliance obligations contractors should begin considering now, say attorneys at King & Spalding.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • Tariff Refunds May Reshape Loan Covenant Calculations

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    Tariff refunds issued after the U.S. Supreme Court's Learning Resources decision may complicate borrowers' covenant calculations depending on accounting treatment, the timing of recognition, customer reimbursement obligations and credit agreement language, say attorneys at Mayer Brown.

  • NY Defamation Carveout Hinges On Causation, Not Labels

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    A New York federal court's decisions in two cases involving tortious interference claims, and the recent Second Circuit ruling in Satanic Temple v. Newsweek Digital, highlight that the dispositive question for alleged defamation is whether injury flows through reputation or through direct interference with a relationship, says attorney Andrea Natale.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • A Framework For Volume Dispute Damages In Oil, Gas M&A

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    With every major upstream oil and gas consolidation in recent years having resulted in minimum volume commitment disputes, experts testifying in such litigation must use a five-step framework for calculating lost profits that accounts for the option structure embedded in the contract, says Robert Foss at Hinds Feat Advisors.

  • 8 Ways 2026's Market Divide Is Rewriting Real Estate Risk

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    As construction activity increasingly concentrates in data centers, healthcare and other resilient sectors, real estate developers and their counsel in the second half of 2026 should consider earlier risk allocation and more protective contract terms, and expect greater pressure on labor, pricing and infrastructure, say attorneys at Cozen O'Connor.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

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