Commercial Contracts

  • August 05, 2026

    Tax Court Has Jurisdiction In Partnership's Late-Filed Case

    The U.S. Tax Court has jurisdiction in the case of a partnership that missed the 90-day window for filing its petition under an Internal Revenue Code rule enacted in 2015, the court held Wednesday, finding that the rule warranted a result different from that reached in an earlier case.

  • August 05, 2026

    Shipcom Says Navy Sub Worked Outside Approved Orders

    Shipcom Federal Solutions LLC asked a Texas federal court to toss a lawsuit seeking to recover nearly $4.6 million for products and services delivered for a U.S. Navy project, saying its subcontractor is attempting to escape responsibility for its own actions.

  • August 05, 2026

    Cummins, Trucking Co. End Engine Warranty Suit In Mich.

    A proposed class action against Indiana-based engine manufacturer Cummins Inc. became moot Wednesday, following a settlement resolving Michigan trucking company SBS Transport's breach of contract and product liability claims.

  • August 05, 2026

    Backing Penalty For 1st Misquote, Panel 'Stunned' By Another

    A solo practitioner in North Carolina sanctioned for misleading a trial court judge with a misquote in his pleadings "stunned" an appellate panel when he made yet another quotation blunder in his brief on appeal, according to a published opinion Wednesday affirming his punishment.

  • August 05, 2026

    Sierra Leone Isn't Responding To Its Own Attys, Judge Told

    A second law firm now says it is being iced out by the government of Sierra Leone in a yearslong legal battle that began over the country's dispute with a U.K.-based mining company.

  • August 05, 2026

    Utilities Say Toshiba Can't Redo Discovery After $394M Verdict

    The owners of Michigan's Ludington pumped storage plant have urged a federal judge to block Toshiba Corp. from reopening discovery after a jury awarded the plant owners nearly $394.4 million for Toshiba's botched overhaul of the facility, arguing the company is trying to build a new record to challenge issues already decided at trial.

  • August 05, 2026

    Netlist, Samsung Enter 5-Year Deal To End Extensive IP Feud

    Netlist and Samsung have resolved their multipronged patent fight after reaching a deal in which the South Korean electronics giant agreed to make multimillion-dollar payments to get access to a portfolio of Netlist's patents.

  • August 05, 2026

    Loomis Sayles Pulls Plug On $70M Suit Against Citi

    Loomis Sayles said Wednesday that it was dropping a lawsuit accusing Citigroup Global Markets of causing $70 million in trading losses when it fulfilled trades in shares of Shopify Inc. and Colgate-Palmolive Co. in violation of "best execution" practices.

  • August 05, 2026

    NJ Utility's Suit Over $6.8M In Added Project Costs Tossed

    A New Jersey federal judge has tossed a municipal utilities authority's suit seeking a pause in arbitration over the cost of delays in an energy savings and capital improvement project, holding that the dispute falls within the scope of the parties' arbitration agreement.

  • August 05, 2026

    Chubb Seeks Repayment For Skaggs Overdose Suit Defense

    A Chubb unit said it is entitled to recover costs paid to defend the Los Angeles Angels against wrongful death actions brought by the family of pitcher Tyler Skaggs, who overdosed while traveling for an away game, telling a California federal court that another carrier improperly denied its coverage obligations.

  • August 04, 2026

    Ashurst Perkins, Nail Co. Lose Doc Bids In Malpractice Suit

    Ashurst Perkins Coie won't have to turn over documents related to its predecessor firm's work for an Omani screw and nail manufacturer in international trade proceedings that are now the subject of a legal malpractice case, a Washington court has ruled, while also denying a discovery request from the firm. 

  • August 04, 2026

    AGs Can't Yet Get Discovery Into Live Nation's DOJ Deal

    A New York federal judge on Tuesday rejected a request by some state attorneys general for discovery into the Justice Department's antitrust settlement reached midtrial with Live Nation, ruling that the scope of the request is "unclear" but the AGs can try again with "narrow and targeted requests."

  • August 04, 2026

    5th Circ. Hints Texas App Age-Check Law Needs More Review

    A Fifth Circuit panel wanted to know whether the lower court should have gone "provision by provision" before halting a Texas law that requires app store owners to block minors from downloading apps without parental consent, suggesting the lower court needed to do more while weighing the legislation's constitutionality.

  • August 04, 2026

    Carnival Gets Housekeeper's Injury Suit Sent To Arbitration

    A Florida federal judge has ruled that a suit brought by a Carnival Corp. cruise ship employee over an on-the-job spinal injury belongs in arbitration, saying the worker's indigence claim over arbitration fees is moot because the company has already paid it.

  • August 04, 2026

    5th Circ. Revives Penske Vicarious Liability Suit

    The Fifth Circuit Tuesday revived a lawsuit alleging trucking services giant Penske Logistics LLC and its freight broker affiliate Penske Transportation Management LLC are vicariously liable for a fatal 2018 Texas collision, after the U.S. Supreme Court's recent Montgomery ruling reshaped brokers' liability exposure.

  • August 04, 2026

    Construction Co. Insurers Denied NYU Settlement Clawback

    A construction company's insurers cannot recoup $50 million they paid to resolve a lawsuit from New York University over project damage, the Delaware Superior Court has ruled, finding New York law would not allow insurers to recover payments made under a reservation of rights when the policy didn't expressly allow it.

  • August 04, 2026

    UMB Bank Suit Over Failed Hard Rock Hotel Headed To Trial

    UMB Bank NA's lawsuit over a failed $80 million development of a Hard Rock hotel and events center in Kansas is set to proceed to trial, with a federal judge holding that the suit asserts triable issues regarding whether some of the defendants shared a common purpose to defraud and to participate in a fraudulent enterprise. 

  • August 04, 2026

    Stripe Seeks OK Of $1.4M Arb. Award In Chargeback Dispute

    Payment processing company Stripe has asked a California federal court to confirm an arbitration award of more than $1.3 million in fees and costs that it won after beating claims from a merchant, whose payment processing account was terminated due to an extremely high volume of chargebacks.

  • August 04, 2026

    Navigation Product Co. Says $12.7M Feud Must Be Litigated

    Emcore LLC has urged a New Jersey federal court to reject a Turkish electronics company's bid to arbitrate claims seeking at least $12.7 million, arguing the sales representative agreement underlying those claims contains no arbitration clause.

  • August 04, 2026

    Day Pitney Dropped From Suit Over Ex-Justice's Involvement

    A Connecticut state court judge allowed Day Pitney LLP to withdraw from a $1.3 million corporate windup feud after the involvement of one of its partners, a former chief justice on the state Supreme Court, came to light, negating the defendants' call for an evidentiary hearing on a motion to disqualify the firm.

  • August 04, 2026

    Developer Sunk $10.5M Into Contaminated Land, NC Suit Says

    An environmental consulting company allegedly failed to warn a real estate developer that property in North Carolina was contaminated with dry-cleaning chemicals until after the developer sunk $10.5 million into trying to develop the land, according to a state Business Court lawsuit.

  • August 04, 2026

    Digital Marketing Co. Ibotta Beats Shareholder's IPO Action

    Digital consumer discount company Ibotta Inc. has escaped a proposed shareholder class action accusing it of misleading investors in the lead-up to the company's 2024 initial public offering, with a Colorado federal court ruling the allegations do not connect the defendants to intentions to defraud.

  • August 04, 2026

    Judge Undoes Default Order Against Hemp Co. In CBD Oil Suit

    A federal judge set aside a default order against a Washington cannabis grower that failed to timely answer counterclaims in a dispute over a multimillion-dollar hemp biomass purchase agreement, finding the company's late filing was due to attorney and staff error rather than willful misconduct.

  • August 04, 2026

    Teams In Flores' Bias Suit Take Arbitration Denial To 2nd Circ.

    Three NFL teams bidding to send their portion of a racial discrimination suit by former head coach Brian Flores back to league-run arbitration have appealed a New York federal judge's ruling against them to the Second Circuit.

  • August 04, 2026

    Dominican Republic Looks To Nix $44M Award

    The Dominican Republic has urged the D.C. Circuit to overturn a Washington federal court's confirmation of a nearly $44 million arbitral award in favor of billionaire businessman Michael Lee-Chin, arguing the lower court improperly deferred to the arbitral tribunal on threshold questions of arbitrability and allowed enforcement of an award issued without a valid agreement to arbitrate.

Expert Analysis

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    Calif. Banking Brief: All The Notable Legal Updates In Q2

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    The year's second quarter brought several noteworthy financial services developments to California, including activity around a commercial finance oversight bill, the former Consumer Financial Protection Bureau head's appointment to lead a new consumer agency, and a ruling reinforcing viable bank-fintech partnerships, say attorneys at Manatt.

  • 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.

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