Commercial Contracts

  • July 13, 2026

    Under Armour Beats Most Claims In Ex-Supplier's Suit

    Athletic apparel company Under Armour dodged claims that its marketing of bioceramic powder products as FDA-approved cost its former business partner money, with a Pennsylvania federal judge ruling Monday that there was no obvious link between the statements and the plaintiffs' losses.

  • July 13, 2026

    2nd Circ. Upholds Cumulus' Data-Tying Order Against Nielsen

    Nielsen cannot condition media company Cumulus' access to national radio ratings data on buying its local offerings, under a Second Circuit panel decision Monday upholding, and unpausing, a district court preliminary injunction, concluding that a 10-fold price increase for the standalone product likely amounted to anticompetitive coercion.

  • July 13, 2026

    SEC Says Crypto Service Agreement Is Investment Contract

    The U.S. Securities and Exchange Commission has asked a Texas federal judge to find that service agreements offered by two crypto mining fraudsters count as investment contracts, and thus securities, saying the court should grant judgment as a matter of law.

  • July 13, 2026

    Toyota Should Be Freed From IP Suit, Judge Says

    A Texas federal judge has recommended allowing Toyota to avoid allegations it infringed a half dozen vehicle infotainment patents, saying the automaker already has a license to the intellectual property.

  • July 13, 2026

    Hyundai Urges Arbitration Of Emergency Braking Claims

    Hyundai has urged a California federal judge to send a proposed class action over its allegedly faulty automatic emergency braking system into arbitration, arguing that the drivers accepted an arbitration provision when they agreed to the terms and conditions of its Bluelink services to obtain optional integrated connectivity features. 

  • July 13, 2026

    Software Co.'s Lack Of 'Diligence' Dooms Late TM Suit Update

    A North Carolina federal judge has faulted a software company's "lack of diligence" in submitting proper paperwork to the U.S. Patent and Trademark Office and notifying the court its trademark was canceled as the judge denied the company's request to amend its lawsuit against a European rival.

  • July 13, 2026

    Solar Co. Loses Challenge To Validity Of Conn. Panel Seats

    A Connecticut state court judge has turned away a solar developer's argument that three commissioners were sitting illegally on the Public Utilities Regulatory Authority when they ruled in favor of an Avangrid Inc. unit as part of a dispute over a power purchase agreement.

  • July 13, 2026

    Ex-Viking Plastics CEO Seeks Advancement In Del. Chancery

    Former Viking Plastics CEO Kelly Goodsel has asked the Delaware Chancery Court to order VPI Acquisition LLC to advance his legal fees in litigation accusing him of fraud during the company's $40 million sale, arguing the purchase agreement mandates this because the claims stem directly from his service as chief executive.

  • July 13, 2026

    7th Circ. Revives Teva Suit Over Eli Lilly Generic Drug Block

    The Seventh Circuit on Monday revived a breach-of-contract lawsuit against Eli Lilly, ruling that an earlier legal settlement under which Eli Lilly agreed not to block the approval and marketing of Teva Pharmaceuticals' generic version of its osteoporosis drug Forteo didn't necessarily expire when the underlying patents did.

  • July 13, 2026

    Gaming Co. Settles Usurious Loan Suit Against BHG Financial

    A couple who sought financing from nationwide lender BHG Financial LLC to open an esports gaming café has settled a lawsuit alleging the loan agreement was usurious and contained "unconscionable terms," according to an order in North Carolina federal court.

  • July 13, 2026

    NC Co.'s $9.8M Indemnity Payment Not Covered, Insurers Say

    A building products manufacturer is not entitled to coverage after reimbursing its financial adviser $9.8 million for defense and settlement costs incurred in litigation over a take-private transaction, the company's excess directors and officers insurers told a North Carolina federal court.

  • July 13, 2026

    Equipment Co. Sues Pa. Railroad Over Abrupt Access Block

    A Pittsburgh industrial equipment company says a short-line railroad adjacent to its property has suddenly stopped a decades-long practice of allowing it to use an access road alongside the tracks, closing off access to the company's loading docks, according to a lawsuit filed in Pennsylvania state court.

  • July 13, 2026

    Cannabis Co. Says Mich. City Forced Illegal License Waiver

    A marijuana dispensary in Michigan's Upper Peninsula told a federal court that a Michigan municipality changed cannabis licensing rules midway through the process and committed fraud and breach of contract.

  • July 13, 2026

    DHS Revives Plan For NJ Immigrant Detention Center

    The U.S. government told a federal judge that it's actually still considering plans to turn a New Jersey warehouse into an immigrant detention center, a week after it reported it no longer intended to pursue the challenged project.

  • July 13, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week handled disputes involving corporate control, post-closing competition, executive departures, arbitration awards and shareholder litigation.

  • July 10, 2026

    WhatsApp Users Must Arbitrate Claims Over Private Messages

    A California federal judge has ordered WhatsApp users suing the messaging platform in a proposed class action over alleged privacy violations to arbitration, rejecting their argument that the underlying arbitration agreements improperly short-circuit certain of state law claims.

  • July 10, 2026

    Toyota Industries' $436M Forklift Emissions Deal Gets Signoff

    A California federal court on Friday officially signed off on Toyota Industries Corp.'s approximately $436 million settlement to resolve a proposed class action alleging that it and other entities misled customers about the true emissions levels of Toyota forklift engines.

  • July 10, 2026

    Google Accused Of Plundering Car Photos To Train AI Ad Tool

    Google harvested thousands of copyrighted images of vehicles to train its artificial intelligence image generator and to integrate the tool into its ad business, where it reaps a "substantial amount of revenue," according to a lawsuit filed by automotive photography company Evox Productions in California federal court.

  • July 10, 2026

    Del. Justices Nix $16M Fee Award In SpaceX Investment Fight

    The Delaware Supreme Court on Friday erased a $16 million fee award stemming from a dispute over a fund manager's handling of a failed $50 million SpaceX investment, concluding that although the fund manager committed a limited breach of a "duty of candor," shifting all litigation expenses to him was unwarranted.

  • July 10, 2026

    McCarter & English Doesn't Owe Insurers $21.3M, Judge Told

    Two Phoenix insurers are demanding an unreasonably high damages award on contract and malpractice claims against McCarter & English LLP and a onetime partner for alleged failings amid commercial loan transactions, a defense finance expert told a Connecticut court, calling the multimillion-dollar figure "speculative."

  • July 10, 2026

    DOJ Defends Nurse Wage-Fixing Conviction At 9th Circ.

    The U.S. Department of Justice urged a Ninth Circuit panel to reject a Las Vegas home nursing executive's appeal of its first-ever criminal wage-fixing conviction, defending its trial characterization of a leniency deal with a cooperating company and the inclusion of the executive's statement likening nurses to prostitutes.

  • July 10, 2026

    Broker Wants Out Of Oil Co.'s Bond Insurance Conspiracy Suit

    An insurance broker urged a Texas federal court to dismiss it from litigation alleging a group of insurers conspired to set unreasonable terms for surety bonds, arguing an oil company behind the suit failed to demonstrate the broker had a role in what the company alleged was a scheme.

  • July 10, 2026

    Feds Seek $16.2M Restitution In Counterfeit Apple Device Suit

    Prosecutors asked a California federal judge on Friday to order a Chinese national to pay part of the $16.2 million in restitution to Apple Inc. for her role in a scheme in which fraudsters returned counterfeit iPhones, iPads and other Apple products in exchange for genuine Apple devices.

  • July 10, 2026

    'Disloyal' CEO Must Pay Co.'s $816K Fox Rothschild Fees

    Oamic Ingredients LLC has won an order forcing its "disloyal" former CEO to pay the Wyoming-based flavoring and aroma firm's Fox Rothschild LLP lawyers nearly $816,000 in fees and costs, with a Connecticut judge chiding the ex-CEO and attorney's poor knowledge of state laws and court rules.

  • July 10, 2026

    Ex-Biomedical Worker Axed For Not Altering Data, Suit Says

    A former regulatory affairs specialist for biomedical company Vitara has alleged in New Jersey state court that she was fired in retaliation for refusing to manipulate data in the company's bid to perform the first human trial of its technology aimed at helping premature newborns.

Expert Analysis

  • Series

    Law School's Missed Lessons: Practical Problem Solving

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    Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.

  • How Workforce, Tech Will Affect 2026 Construction Landscape

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    As the construction industry's center of gravity shifts from traditional commercial work to infrastructure, energy, industrial and data-hosting facilities, the effects of evolving technology and persistent labor shortages are reshaping real estate dealmaking, immigration policy debates and government contracting risk, say attorneys at Cozen O'Connor.

  • Contract Disputes Recap: Delay, Plain Text, Sovereign Acts

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    Three recent decisions addressing familiar pressure points show that even well-worn doctrines evolve, and both contractors and the government should reexamine their assumptions, says Zachary Jacobson at Seyfarth.

  • Opinion

    A Uniform Federal Rule Would Curb Gen AI Missteps In Court

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    To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.

  • Series

    The Law Firm Merger Diaries: Integrating Practice Groups

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    Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.

  • Opinion

    Supreme Court Term Limits Would Carry Hidden Risk

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    While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

  • Series

    Knitting Makes Me A Better Lawyer

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    Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.

  • The Hidden Pitfalls Of Letters Of Credit In Lease Negotiations

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    Amid a surge in commercial office leasing driven by artificial intelligence firms, it's crucial for landlords to be aware of the potential downside of accepting letters of credit — in particular, for amounts of security that are less than the statutory bankruptcy claim cap, say attorneys at Allen Matkins.

  • Series

    The Biz Court Digest: Welcome To Miami

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    After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

  • What Law Firm Liability Risks In 2025 Signal For Year To Come

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    Trends and statistics reveal that law firms of all sizes and practice areas remained attractive litigation targets this year, so firms must take concrete steps to avoid professional liability risks in the year to come, say Douglas Richmond and Andrew Ricke at Lockton Companies.

  • 1st-Of-Its-Kind NIL Claim Raises Liability Coverage Questions

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    The University of Georgia Athletic Association recently sought to compel arbitration against former UGA football player Damon Wilson in a first-of-its-kind legal action for breach of a name, image and likeness contract, highlighting questions around student-athlete employment classification and professional liability insurance coverage, says Sarah Abrams at Baleen Specialty.

  • AI Evidence Rule Tweaks Encourage Judicial Guardrails

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    Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

  • Where Things Stand At The CFPB As Funding Dries Up

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    The Consumer Financial Protection Bureau is on pace to run out of funding in the new year, threatening current and future rulemaking efforts, but a rapid series of recent actions still carries significant implications for regulated entities and warrants careful monitoring in the remaining weeks of the year, say attorneys at Brownstein Hyatt.

  • Series

    The Law Firm Merger Diaries: Getting The Message Across

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    Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.

  • Opinion

    Horizontal Stare Decisis Should Not Be Casually Discarded

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    Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

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