Commercial Contracts

  • August 18, 2026

    2nd Circ. Lets Stand Cumulus' Nielsen Data Unbundling Order

    The Second Circuit declined Tuesday to reconsider a ruling that Nielsen cannot tie together sales of its local and national radio data, sustaining a win for the troubled Cumulus Media New Holdings Inc. even as the company tries to enforce the lower court's order against the ratings giant.

  • August 18, 2026

    Sofia Vergara's Underwear Co. Moves To Nix AI Deepfake Suit

    EBY urged a California federal judge to dismiss a content creator's suit alleging that, while she agreed to be a brand ambassador, the underwear company used AI to create a "deepfake" version and publish a video where she appeared partially nude, arguing Monday that the video is not "pornography" as commonly understood.

  • August 18, 2026

    11th Circ. Affirms Kickback Convictions For Pain Doc, Salesman

    The Eleventh Circuit on Tuesday affirmed the conviction and sentences of a Florida pain doctor and a salesman found guilty of participating in a kickback conspiracy for prescribing a fentanyl spray, ruling prosecutors had "overwhelming" evidence the men knowingly participated in "sham" drug promotion events.

  • August 18, 2026

    Sandy Hook Families Say Alex Jones Co. Can't Dodge Bond

    Sandy Hook Elementary School massacre victims' families have asked the Texas Supreme Court to dissolve an appeals court order blocking a receiver from deploying the assets of Alex Jones' Free Speech Systems LLC, saying the company is stalling a $1.3 billion judgment collection effort without posting the required bond.

  • August 18, 2026

    LA Pot Partnership Deal Void, Calif. Appeals Court Says

    A California state appeals court has affirmed a lower court's determination that a partnership agreement tied to a group of medical marijuana dispensaries could not be enforced because it called for operations that violated a Los Angeles city ordinance.

  • August 18, 2026

    ​​​​​​​Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week tackled disputes involving multibillion-dollar mergers, corporate oversight, founder control, SPAC litigation, commercial contracts and attorney fees.

  • August 18, 2026

    2 Firms Guide Ohio Uranium Site Data Center Development

    OpenAI said it will take a 20-year lease at a planned data center campus being built by Nvidia and SoftBank on a Cold War-era nuclear site in central Ohio, in a project advised by Latham & Watkins LLP and Kirkland & Ellis LLP.

  • August 17, 2026

    Pitney Bowes Hit With Tariff Refund Suit By EBay Users

    EBay users hit Pitney Bowes Inc. with a breach of contract proposed class action Monday in Connecticut federal court alleging the global shipping and logistics company failed to return or refund them tariff-related charges that were deemed illegal by the U.S. Supreme Court earlier this year.

  • August 17, 2026

    Chicago Pot Co. Recast $2M Investment As Gift, Suit Claims

    Two Ohio investors claimed they were duped into sinking nearly $2 million on a Chicago dispensary under the promise that they would be partial owners, only to learn that their Illinois-based business partners would later recast the investments as gifts, according to a lawsuit filed in Ohio federal court.

  • August 17, 2026

    Apple Bricked Smartwatches In Software Update, Suit Says

    Apple has been hit with a proposed class action in California federal court alleging it breached its contracts with customers by intentionally killing updated software support for five generations of its smartwatches and essentially bricking them before the end of the hardware's useful life.

  • August 17, 2026

    Mass. Justices Reject Injured Roofer's Negligent Hiring Suit

    Massachusetts' top court said Monday that state law does not recognize a negligent hiring claim when it is lodged by a subcontractor's worker against the general contractor and tossed a suit seeking to hold the contractor liable for a roofer's nearly fatal fall.

  • August 17, 2026

    Medtech Group Faults Fed. Circ. Trade Secret Timing Rule

    A medical technology trade group and a University of Texas law professor are urging the full Federal Circuit to revisit a decision that wiped out Insulet Corp.'s trade secret win against EOFlow Co. Ltd. after finding the suit untimely, reversing a $452 million jury verdict that had been reduced to $59.4 million.

  • August 17, 2026

    Papa John's Workers Get Approval For $5M No-Poach Deal

    A Kentucky federal court gave its final approval for a $5 million settlement in a case over Papa John's past use of "no-poach" provisions in its franchise agreements, sweeping aside previous concerns as well as objections raised by a handful of workers.

  • August 17, 2026

    Hospital Employees Seek Class Cert. In Retirement Funds Suit

    Employees of a faith-based nonprofit Colorado hospital urged a federal judge to grant class certification in their lawsuit alleging the hospital mismanaged employees' retirement funds and ultimately cost participants tens of millions of dollars.

  • August 17, 2026

    ComEd Sues Chicago Hospital Over Unpaid $6.2M Electric Bill

    Commonwealth Edison Co. has sued a Chicago hospital in Illinois state court, claiming the medical center located on the city's northwest side is in breach of contract for failure to pay its electric bills totaling more than $6.2 million.

  • August 17, 2026

    Hartford HealthCare Told To Double-Check Privilege Claims

    Hartford HealthCare has agreed to re-review 113 documents over which the hospital operator asserted attorney-client privilege in an antitrust lawsuit by a Teamsters health plan and a local Connecticut transit district, following a federal magistrate judge's concerns about a nearly 1,000-page privilege log.

  • August 17, 2026

    Young Athletes Are Wising Up, But Attys Say They're Still Kids

    As the name, image and likeness industry grows and billions of dollars pour into college sports, attorneys who represent student-athletes say that while they're not as green as their youth suggests, they're still vulnerable to bad actors and need to clear business decisions with mom and dad.

  • August 17, 2026

    Clifford Chance Pushes To Send Clawback Suit To Arbitration

    Clifford Chance LLP wants a high-profile partner pay dispute sent to arbitration, accusing two ex-partners who claim they're facing a $6 million clawback demand of "gamesmanship" by filing suit in New York federal court.

  • August 14, 2026

    AIG Ex-Execs Win Ruling That Parent's FP Loan Was Equity

    American International Group's funding advances to one of its investment units was an equity infusion and not debt, a Delaware bankruptcy judge ruled Friday, handing a win to former executives who say they're owed deferred compensation funds that were depleted during the 2008 financial crisis.

  • August 14, 2026

    Amazon Revives Arbitration Clause, Bars Class Actions

    Amazon customers must now take most legal claims against the retail giant to binding arbitration, the company announced Friday, unveiling new conditions of use that also include a prohibition on users bringing proposed class actions.

  • August 14, 2026

    AstraZeneca Joins States Aiming To Block Ill. 340B Drug Law

    AstraZeneca on Friday joined some other large pharmaceutical companies in urging an Illinois federal court to block a new state law that prohibits drugmakers from restricting the types or number of pharmacies healthcare providers can contract with to provide medications under a federal discount drug program.

  • August 14, 2026

    Texas Justices Pass On Atty's Bid To Undo Exxon Sanctions

    The Texas Supreme Court on Friday declined to take up an appeal brought by a law firm challenging a sanction order issued after a lower court found it launched a frivolous lawsuit against Exxon Mobil Corp. related to the company's acquisition of Pioneer Natural Resources.

  • August 14, 2026

    Wells Fargo, Conduent Settle NM Debit Card Fraud Suit

    New Mexico residents who claimed Wells Fargo and a third-party contractor mishandled reports of fraud involving their state-issued debit cards dropped their proposed class action, telling a New Mexico federal judge on Friday that they had reached settlements to end the case.

  • August 14, 2026

    Lender Looks To Dodge Counterclaims In Cannabis Loan Row

    A married couple who operate a New Jersey cannabis dispensary and are accused of misusing roughly half of a $1.6 million business loan are "retaliating" against their lender, the financing company told a California federal court, asking that the entrepreneurs' countersuit be permanently tossed.

  • August 14, 2026

    5th Circ. Backs Investment Co.'s Sanction In Highland Ch. 11

    The Fifth Circuit on Friday decided to keep in place an $826,000 sanction against NexPoint Real Estate Partners, finding "clear and convincing evidence" showed it filed and litigated a bad-faith claim in the Chapter 11 case of defunct hedge fund Highland Capital Management LP.

Expert Analysis

  • Evaluating Congressional Investigation Risk In Deal Diligence

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    Given the increasing frequency and sophistication of congressional investigations into corporate business practices, companies conducting transactional due diligence should add procedures to assess and mitigate the unique challenges and wide-ranging risks that can arise from Capitol Hill’s scrutiny, say attorneys at Covington.

  • E-Discovery Quarterly: Recent Rulings On ESI Control

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    Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

  • Calif. Truck Regs Now Require Multiple Compliance Strategies

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    California's various vehicle and truck emissions programs now move on different legal tracks, impose different obligations and create different business risks on different timelines — so companies that treat them as one package subject to a federal Clean Air Act waiver risk missing deadlines and mispricing contracts, says Thierry Montoya at FBT Gibbons.

  • Del. Ruling Shows Power Of Postclose Governance Provisions

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    After the Delaware Court of Chancery reinstated a target company's CEO as part of the equitable remedy in Fortis Advisors v. Krafton, deal parties should emphasize the importance of postclosing governance provisions to earnout economics, knowing that they will have to live with these provisions for the duration of the earnout period, say attorneys at Sidley.

  • A Data-Driven Guide For Navigating The 2026 Oil Price Shock

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    With the Iran war disrupting tanker traffic through the Strait of Hormuz, oil price volatility has soared, and this extreme price dislocation is likely to generate complex legal disputes — but companies can protect themselves by preserving every scrap of market data available, say Peter Niculescu and Leslie Rahl at Capital Market Risk Advisors.

  • 2 Discovery Rulings Break With Heppner On AI Privilege Issue

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    While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

  • Series

    Isshin-Ryu Karate Makes Me A Better Lawyer

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    My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

  • What FMC's Rejection Of War Surcharges Means For Shipping

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    The Federal Maritime Commission's rejection of multiple common carriers' requests last month to implement emergency shipping surcharges in response to conflict in the Mideast signals a decisive shift in the agency's regulatory posture toward stronger protections for shippers — with important implications for all supply chain participants, say attorneys at Husch Blackwell.

  • 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.

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