Commercial Contracts

  • September 09, 2026

    Nektar CEO Opens Door To Finance Questions In Eli Lilly Trial

    Nektar Therapeutics failed Wednesday to block evidence of its financial condition from entering into a California federal trial over a failed deal to codevelop its drug Rezpeg with Eli Lilly, after its CEO's testimony on cross-examination prompted the judge to allow the evidence for impeachment purposes.

  • September 09, 2026

    Fed. Circ. Eyes PTAB Cases That May Sink $445M Netlist Win

    A $445 million verdict against Micron Technology Inc. for infringing two Netlist Inc. computer memory patents hung in the balance Wednesday, as a Federal Circuit panel questioned Netlist's arguments that the Patent Trial and Appeal Board wrongly found claims in both patents invalid.

  • September 09, 2026

    Crypto Org. Taps Prelogar To Back CFTC's Side In Perps Fight

    A crypto policy group advocating for perpetual derivatives markets hired former U.S. Solicitor General Elizabeth Prelogar to pen a brief backing the U.S. Commodity Futures Trading Commission's approval of bitcoin perpetual contracts as the agency fights a challenge from the Chicago Mercantile Exchange.

  • September 09, 2026

    Court Lets Stand Exxon Win In Decade-Old Securities Case

    A Texas federal judge denied a motion by a class of Exxon Mobil Corp. investors seeking a new trial in a 10-year-old securities class action claiming the energy giant misled shareholders, saying Wednesday that the company's closing arguments did not prejudice the jury.

  • September 09, 2026

    Stiiizy Beats Bid To Block Packaging Supplier Switch

    A California federal judge said she won't force cannabis distributor Stiiizy Inc. to exclusively buy packaging from an Aurora, Colorado-based supplier, saying the alleged multimillion-dollars in damages caused in this contract dispute do not justify jumping to such an "extraordinary" remedy.

  • September 09, 2026

    Real Estate Firm Says Insurers Owe $5.3M For Motel Damage

    A pair of insurers under the Berkshire Hathaway Inc. and Munich Re umbrellas wrongly refused to cover over $5.3 million in damage to a motel that a real estate company purchased to convert into affordable housing, according to a complaint removed to Washington federal court.

  • September 09, 2026

    Texas Justices Deny Bid To Undo $37M Arbitration Award

    The Texas Supreme Court on Wednesday declined to take up a bid by a Dallas-based alternative investment company seeking to toss a $37 million arbitration award in favor of the company's former director.

  • September 09, 2026

    Amazon Urges NY Court To Deny E-Book Antitrust Class Cert.

    Amazon on Tuesday objected to a New York federal magistrate judge's recommendation to certify a class of over 30 million customers in a suit accusing it of monopolizing the e-book market, saying the judge disregarded proof that a significant share of the consumers benefited from the challenged practices.

  • September 09, 2026

    3rd Circ. Stands By Upholding Lipitor Pay-For-Delay Suit Toss

    The Third Circuit has refused to rethink its decision backing a New Jersey district court's dismissal of an antitrust suit alleging Ranbaxy Laboratories Ltd. conspired to delay a generic version of the cholesterol drug Lipitor.

  • September 09, 2026

    Trump Trust Gets Doc Review In Fla. Debanking Suit

    A Florida federal judge ruled Wednesday that the court can review banking records before they are released to the Donald J. Trump Revocable Trust in a lawsuit alleging its Capital One accounts were closed for political reasons, saying there is no regulation preventing the examination of Bank Secrecy Act-related documents.

  • September 09, 2026

    Ford Says DOT Concern Over China Tech 'Wrongheaded'

    Ford Motor Co. pushed back on U.S. Transportation Secretary Sean Duffy's "profound concern" over what he said was too close of a relationship between it and a Chinese battery manufacturer, saying the claims are unfounded and don't mesh with other administration stances.

  • September 09, 2026

    Texas Justices Reject Sandy Hook Families' Infowars Appeal

    The Texas Supreme Court on Wednesday denied Sandy Hook families' requests to dissolve lower appeals court orders that stopped a court-appointed receiver from assuming control of bankrupt commentator Alex Jones' website Infowars and leasing the intellectual property of its parent company Free Speech Systems LLC to satire publication The Onion.

  • September 09, 2026

    Candor Wins AI Tech Ownership Fight In Del. Chancery

    The Delaware Chancery Court has ruled that Italian artificial intelligence company iDentiVisuals must transfer ownership of its emotion-recognition technology to legal tech firm Candor, saying the startup breached a binding agreement by failing to deliver and safeguard the technology it had licensed.

  • September 09, 2026

    NC State Football Player Settles NCAA Eligibility Challenge

    A North Carolina State University football player dropped his suit against the NCAA on Wednesday after the organization granted him a waiver declaring him eligible to play this season.

  • September 09, 2026

    Disney Gets Fubo Streaming Rate Claims Sent To Arbitration

    A California federal court ordered Fubo subscribers to arbitrate their antitrust claims in a case accusing Disney of driving up the cost of subscriptions by forcing the streaming platform to carry a package of channels instead of just ESPN.

  • September 09, 2026

    Chicago Firm Says Co-Counsel Cut It Out Of Case, $7.6M Deal

    Chicago-based personal injury firm Disparti Law Group PA is suing another law firm and one of its attorneys in Illinois state court, saying they secretly continued litigating a wrongful death case they'd agreed to work on jointly after telling Disparti they planned to dismiss it, then cut the firm out of its share in more than $2.5 million in attorney fees when the case settled.

  • September 09, 2026

    Class Settlement MDL Plaintiffs Say Cos. Hinder Disclosure

    Plaintiffs in a sprawling multidistrict case accusing class action settlement administrators of hiding kickbacks from financial institutions are accusing the defendant companies of stalling prediscovery planning through "piecemeal and inadequate" disclosures and are asking the D.C. federal judge presiding over the case to order disclosures.

  • September 09, 2026

    Pa. Athletes Challenge Exclusion From NCAA Eligibility Rule

    More than a dozen student-athletes who graduated from high school in 2022 say they were unfairly excluded from a new NCAA rule granting five years of eligibility for competition, and asked a Pennsylvania state court for an order allowing them to reenroll for sports in the new school year.

  • September 09, 2026

    AMC Settles 'Walking Dead' Suit With Creator, Producers

    Television studio AMC has reached a deal to pay the creator of its hit show "The Walking Dead" and some of its producers $120 million to settle claims that they were not paid the correct amount under their contracts and left out of a previous settlement with the show's former executive producer.

  • September 09, 2026

    Justice Roberts Won't Pause Dutch Software Co.'s IP Trial

    U.S. Chief Justice John Roberts on Wednesday rejected a Dutch software company's bid to postpone an upcoming trademark trial with its former U.S. partner while it petitions for review of the lower court's injunction and contempt orders.

  • September 09, 2026

    Va. Judge Tosses Bulk Of EB-5 Investors' Fraud Suit

    A Virginia federal judge has nixed multiple claims lodged by a group of 14 Vietnamese EB-5 project investors against a law firm and other parties that allegedly refused to provide investment refunds for a "doomed" hotel redevelopment project.

  • September 08, 2026

    Parler Legal Dustup Revealed Rifts, Jury Hears From Ex-CEO

    Parler's ousted CEO testified Tuesday in his trial against former partner Rebekah Mercer that in 2020, her lawyers' pushback on restructuring provisions recommended by Parler's lawyers was an early clue that "something didn't seem right."

  • September 08, 2026

    8th Circ. Backs Tribal Court In Energy Co.'s Easement Fight

    The Eighth Circuit has agreed with a tribal judge and thrown out a federal court's preliminary injunction barring him from hearing a suit brought by members of the Three Affiliated Tribes against an energy company over an easement agreement.

  • September 08, 2026

    Judge Nixes Atty's Bid For More Depositions In $12M Tax Suit

    A Colorado federal judge denied a request for additional depositions from counsel of an attorney and others accused of siphoning $12 million while advocating an illegal tax fee after determining the request for the depositions was untimely and made outside the discovery window.

  • September 08, 2026

    Freight Broker, Steel Cos. Exit Colo. Fatal Truck Crash Suit

    A Colorado federal judge on Tuesday slashed a negligence and wrongful death lawsuit seeking to hold freight broker Total Quality Logistics liable for a fatal 2024 trucking collision, along with the steel suppliers whose shipment was being transported at the time.

Expert Analysis

  • Getting To Know The Key Partners In Nuclear Power Projects

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    As more major technology companies and hyperscalers enter into energy offtake agreements with operators of existing, restarting and planned nuclear plants, it is essential that all stakeholders in such partnerships understand the roles and responsibilities of the key entities involved in a nuclear power project, say attorneys at Morgan Lewis.

  • Assessing EcoFactor's Impact On Damages Experts' Opinions

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    Though the Federal Circuit's ruling in EcoFactor v. Google gave rise to concerns that damages experts would be forced to rely on undisputed facts, recent case law suggests that those concerns are unwarranted, says Christopher Loh at Venable.

  • Insights From OppFi Suit On Building Calif. Bank Partnerships

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    A California state judge’s tentative ruling, walking through business evidence that Utah bank FinWise was not a “rent-a-bank” that fintech firm Opportunity Financial used as a front to dodge interest rate caps on in-state lenders, offers a helpful road map for structuring legally compliant bank-fintech partnerships under California law, say attorneys at Manatt.

  • Keys To Building Defensible Psychedelic Therapy Programs

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    Given the rapidly evolving legal environment for psychedelic therapies and heightened liability and compliance risks facing providers, meticulous documentation, robust risk management protocols, and proactive engagement with professional organizations and insurers are essential strategies, say Kimberly Chew at Husch Blackwell and L. Alison McInnes at Mindful Health Solutions.

  • Defense Contractor Tips For Commercial Solutions Openings

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    Defense contractors interested in participating in the Army’s recently announced commercial solutions opening should familiarize themselves with the process, which promotes flexibility but requires prudence in preparing proposals, negotiating award terms, and crafting supporting documents such as teaming agreements and subcontracts, say attorneys at Holland & Knight.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • Steps To Maintain War Insurance Amid Middle East Conflict

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    To ensure they are adequately protected from war-related risk, companies affected by the escalating conflict in the Persian Gulf should consider how their war insurance coverage interacts with financing structures, lease obligations and commercial risk allocation, say attorneys at Morgan Lewis.

  • Resolving The Conflict In 2nd Circ. Foreign Discovery Rulings

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    The Second Circuit recently issued two seemingly inconsistent decisions regarding the federal statute that permits U.S. discovery for purposes of a foreign proceeding, but the unifying feature appears to be the broad scope for district court discretion under Section 1782, say attorneys at Katsky Korins.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • Opinion

    Time To Fix The Accountability Gap In Freight Logistics

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    In Montgomery v. Caribe Transport, the U.S. Supreme Court must resolve an urgent question: whether freight broker selection in trucking accidents is categorically protected — meaning unreasonable safety decisions are insulated from liability — or subject to accountability under traditional negligence principles, says Amanda Demanda at Amanda Demanda Injury Lawyers.

  • Senior Housing Demands A Distinct Dealmaking Playbook

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    An aging population and evolving state regulations underscore a critical reality that senior housing assets can undergo operational or compliance shifts during dealmaking, highlighting the need for unique contractual safeguards like expanded disclosures, anchored notice obligations, and targeted closing conditions and remedies, say attorneys at Goodwin.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Apple Verdict May Inform Jury Instruction In Patent Suits

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    A Texas federal jury's recent verdict in Optis v. Apple provides an important example of how juries must be instructed when Step 2 of the Alice framework is submitted to them, with important implications for both litigators and courts in patent cases, says Joshua Reisberg at Blank Rome.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q1

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    As usual, California remained a hub for financial services activity in the first quarter of 2026, with key developments including the California Department of Financial Protection and Innovation's eye on consumer issues, a bill targeting "pig butchering" schemes, and jam-packed courts, say attorneys at Joseph Cohen.

  • Justices May Hesitate To Limit Courts' Arbitration Review

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    Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

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