Commercial Contracts

  • August 20, 2026

    9th Circ. Revives Can-Am Fuel Claims Against Sinclair, Glovis

    A unanimous Ninth Circuit panel on Thursday revived Can-Am Fuel Distribution LLC's federal franchise claims against Sinclair Oil LLC and Glovis America Inc., holding the companies' licensing agreements are covered by the Petroleum Marketing Practices Act despite an "unusual variation" in the parties' relationship.

  • August 20, 2026

    11th Circ. Saves Delta-Aeromexico Joint Venture

    The Eleventh Circuit on Thursday handed Delta Air Lines and Aeromexico a decisive win by vacating a U.S. Department of Transportation order directing them to dismantle their nearly decadelong joint venture, saying the DOT applied a skewed standard and made unsupported findings about the partnership's purported anticompetitive effects.

  • August 20, 2026

    9th Circ. Sides With NLRB In Wash. Terminal Union Work Fight

    The full Ninth Circuit Thursday backed the National Labor Relations Board's decision in a union battle for work on a Seattle marine cargo terminal, ruling the International Longshore and Warehouse Union can't use the "work-preservation defense" to defeat accusations that it illegally pressured an employer for disputed work.

  • August 20, 2026

    Colo. Lawyer Says Arbitration Bars Homebuilder's Theft Suit

    A lawyer told a Colorado federal judge Tuesday that the lawsuit from a homebuilding company accusing him of stealing tens of thousands of the company's files when he went to work for an adversarial law firm must be dismissed because the company already lost on identical claims in arbitration proceedings.

  • August 20, 2026

    Lenders Sue Over $1M Loan Tied To Cannabis Farm

    A group of California lenders is trying to claw back a $1 million loan that was supposed to launch a cannabis farm in Miranda, claiming they learned too late that the property had already lost its permits to grow and that the borrowers had misused most of the loan proceeds.

  • August 20, 2026

    CREXi Drops 9th Circ. Challenge To Quinn Emanuel DQ

    Property listing company Commercial Real Estate Exchange Inc. has moved to dismiss its own Ninth Circuit mandamus petition, which challenged a lower court's disqualification of CREXi's counsel, Quinn Emanuel Urquhart & Sullivan LLP, from a legal battle against rival CoStar.

  • August 20, 2026

    Fidelity Says Deal Doesn't Bar $920K Atty Malpractice Claim

    Fidelity National Title Insurance Co. is fighting a Connecticut attorney's bid for summary judgment in a malpractice case over a $2.5 million mortgage refinancing loan, saying neither the statute of limitations nor a prior settlement to which the insurer is not a party bar the suit.

  • August 20, 2026

    Costco Drops Chicken Drippings Slip-And-Fall Coverage Row

    Costco has agreed to dismiss claims seeking coverage for an underlying suit from a man who was injured when he slipped on rotisserie chicken drippings in a California store, according to a joint motion to dismiss Wednesday.

  • August 20, 2026

    Mich. Panel Rejects $2.5M Malpractice Suit Over Bank Debt

    An attorney failed to show a law firm and two lawyers derailed his efforts to settle a PNC Bank debt and caused him to ultimately pay more than $2.5 million, a Michigan appellate court has ruled, upholding the dismissal of his malpractice suit. 

  • August 20, 2026

    Under Armour Fights Ex-Supplier's Bid For Antitrust Appeal

    Under Armour wants to keep moving toward a November trial for an ex-supplier's tortious interference claims, arguing that a request to pause the case for an immediate appeal of trimmed antitrust allegations rested on the slim chance the Third Circuit would reverse dismissal of those claims.

  • August 20, 2026

    AmEx Waived Arbitration By Refusing Fees, 1st Circ. Says

    American Express forfeited its right to insist on arbitration in a proposed class action by merchants challenging the company's swipe-fee rules when it failed to pay its share of the arbitrator's fees, estimated to be $17 million, the First Circuit has ruled.

  • August 20, 2026

    Wood-Pellet Execs' $650M Bet Blamed For Bankruptcy

    The litigation trustee for wood-pellet producer Enviva Inc.'s Chapter 11 litigation trust has sued five former executives in the Delaware Chancery Court, accusing them of secretly committing the company to more than $650 million in high-priced pellet purchases to boost short-term earnings and their chances of receiving bonuses, ultimately helping drive Enviva into bankruptcy.

  • August 20, 2026

    Sports Card Seller, Dealer Settle Collapsed Buyout Suit

    A California trading card distributor and Michigan-based House of Hits Sports Cards on Thursday settled their dispute over a proposed six-figure buyout that fell through after House of Hits allegedly failed to render payment under the agreement.

  • August 20, 2026

    Aerospace Co. Ends 'Copycat' Trade Secrets Suit

    A Colorado state judge has dismissed a suit by an aerospace and defense manufacturer accusing its former business consultants of using confidential information to create a "copycat" rival.

  • August 19, 2026

    3rd Circ. Urged To Revisit Arbitration Doctrine In Award Fight

    An asset management firm required to pay about $11 million in administrative fees and interest has asked the Third Circuit to reconsider its opinion upholding a doctrine under which arbitrators are barred from revisiting their prior decisions, saying it conflicts with binding Third Circuit precedent.

  • August 19, 2026

    Snow Equipment Cos. Say Norwegian Co.'s Fraud Cost $100M

    A Colorado-based snow removal equipment company and its Canadian sister company told a state court that a Norwegian manufacturer sold more than $10 million worth of equipment that contained engines not compliant with U.S. Environmental Protection Agency requirements, causing more than $100 million in damages to the companies.

  • August 19, 2026

    Calif. Award Vacated After Arbitrator Attends Law Firm Event

    A California state judge has vacated an arbitration award issued to two real estate buyers in a breach of contract dispute with an investor, ruling that the JAMS arbitrator failed to disclose her participation in a public event sponsored by the law firm representing the buyers.

  • August 19, 2026

    FTC Asks Court To Keep Trans Health Suit In Texas

    The Federal Trade Commission has asked a Texas federal court to keep its suit against the World Professional Association for Transgender Health in the Lone Star State, saying that the organization incorporated there in 1980.

  • August 19, 2026

    Footprint Investors Sue In Del. Over $500M Financing Deal

    Early investors in Footprint International Holdco Inc. have sued the sustainable packaging company, its directors and several institutional investors in the Delaware Chancery Court, alleging that insiders used a $500 million financing round to seize control of the company and strip longtime Class A investors of valuable stockholder rights.

  • August 19, 2026

    Papa Johns Can't Avoid Arbitration In Fight With Franchisee

    A dispute between Papa John's International and a franchisee it accused of breaking his franchise agreement must be paused until an arbitrator decides whether the claims belong in arbitration, a Kentucky federal judge has ruled, delivering a blow to the pizza company trying to keep its claims in court.

  • August 19, 2026

    'Bob's Burgers' Actor Sues Lucid Over 'Lemon' SUV

    Comedian and "Bob's Burgers" star Eugene Mirman has sued California-based electric automaker Lucid in Massachusetts state court for leasing him a "lemon" last year.

  • August 19, 2026

    Fed. Circ. Rejects Patent Marking Immunity For NPEs

    Nonpracticing entities hoping for presuit damages can't get out of Patent Act requirements to mark products with patent information just because licensees don't believe their products infringe, the Federal Circuit held Wednesday.

  • August 19, 2026

    Google Beats Class Suit Over Free Workspace Promises

    Google has defeated a class action alleging it reneged on its promise to offer free access to its business-productivity tools, formerly known as Google Apps, with a California federal judge saying the contracts with users affirmatively authorized the company to stop offering a free version of the service. 

  • August 19, 2026

    Burlington Accused Of Requiring Work During Unpaid Breaks

    Three Burlington Coat Factory current and former employees hit the off-price retailer with proposed nationwide collective and class claims alleging workers were routinely required to perform unpaid work on purported meal breaks.

  • August 19, 2026

    Prison Phone Co. Says Techs Aren't Owed Public Works Pay

    A prison phone service provider told a New York federal judge that three field service technicians who installed and maintained telecommunications systems in hospitals and prisons did not agree to a "public works" contract and aren't guaranteed higher pay under state labor laws.

Expert Analysis

  • USPTO Initiatives May Bolster SEP Litigation In The US

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    The U.S. Patent and Trademark Office's recent efforts to revitalize standard-essential patent litigation face hurdles in their reliance on courts and other agencies, but may help the U.S. regain its central role in global SEP litigation if successful, say attorneys at Axinn.

  • If Your AI Vendor Goes Bankrupt: Tackling Privacy And 'Utility'

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    Because bankruptcies of artificial intelligence vendors will require courts to decide in the moment how to handle bespoke deals for AI tools, customers that anticipate consumer privacy concerns in asset disposition and questions about utility and critical-vendor classifications can be better positioned before proceedings, say attorneys at Sidley.

  • Series

    Trail Running Makes Me A Better Lawyer

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    Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.

  • What Artists Can Learn From Latest AI Music Licensing Deals

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    Recent partnerships between music labels and artificial intelligence companies raise a number of key questions for artists, rightsholders and other industry players about IP, revenue-sharing, and rights and obligations, say attorneys at Manatt.

  • If Your AI Vendor Goes Bankrupt: Keeping Licensed IP Access

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    With contracting norms still evolving to account for the licensing of artificial intelligence tools, customers that need to retain access to key AI products in the event of vendor’s bankruptcy should consider four elements that could determine whether they may invoke traditional Section 365(n) intellectual property protections, say attorneys at Sidley.

  • Malpractice Claim Assignability Continues To Divide Courts

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    Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.

  • Tips For Financial Advisers Facing TRO From Former Firm

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    The Eighth Circuit's recent decision in Choreo v. Lors, overturning a lower court's sweeping injunction after financial advisers moved to a new firm, gives advisers new strategies to fight restraining orders from their old firms, such as focusing on whether the alleged irreparable harm is calculable, say attorneys at Kutak Rock.

  • Series

    Teaching Logic Makes Me A Better Lawyer

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    Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

  • Series

    Law School's Missed Lessons: Practicing Resilience

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    Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

  • NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

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    Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

  • Series

    The Biz Court Digest: Dispatches From Utah's Newest Court

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    While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

  • Aerospace And Defense Law: Trends To Follow In 2026

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    Some of the key 2026 developments to watch in aerospace and defense contracting law stem from provisions of this year's National Defense Authorization Act, a push to reform procurement, executive orders that announced Trump administration priorities, the upcoming Artemis space mission and continuing efforts to deploy artificial intelligence, say attorneys at Thompson Hine.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • 2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction

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    The Fifth and Ninth Circuits recently handed down decisions, in Sanchez Energy and Sawtelle Partners, respectively, reminding practitioners that bankruptcy court jurisdiction over lingering disputes is not guaranteed, regardless of whether confirmation orders contain specific "retention of jurisdiction" language, says Brian Shaw at Cozen O’Connor.

  • 3 Key Ohio Financial Services Developments From 2025

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    Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.

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