Commercial Contracts

  • September 01, 2026

    McLane Model Keeps Drivers Overtime-Exempt, 9th Circ. Says

    A Ninth Circuit panel on Tuesday affirmed a lower court's ruling that truck drivers behind a proposed class action against food distributor McLane Foodservice Inc. are exempt from overtime pay, holding that the employees engaged in interstate commerce despite driving only in California.

  • September 01, 2026

    Parler Ouster Talk Was 'Reaction' To Bad CEO, Jury Told

    Billionaire Rebekah Mercer testified Tuesday that her team's strategizing about getting rid of Parler's then-CEO was simply "reacting" to his poor performance, even before the Jan. 6 insurrection sent the social media app "to hell in a handbasket."

  • September 01, 2026

    Securitas Can't Arbitrate Wage Class Action, Wash. Panel Says

    A former Securitas worker's proposed wage-and-hour class action against the guard service will move forward following a Washington appeals panel's ruling Monday that upheld a lower court's rejection of the company's bid to force the ex-employee into arbitration.

  • September 01, 2026

    Meta AI Glasses Privacy Suit Expands To Add Bystander Class

    Dozens of consumers are joining forces to sue Meta Platforms over allegations that the tech giant surreptitiously stores private videos captured by its "smart" glasses to train its artificial intelligence models, adding claims on behalf of bystanders who never agreed to be recorded, let alone used for training.

  • September 01, 2026

    High Court Should Skip Ruby Tuesday Benefits Suit, SG Says

    The U.S. solicitor general has urged the Supreme Court to decline to consider a suit from former Ruby Tuesday executives alleging Regions Bank inadequately protected their retirement plan benefits that were liquidated in bankruptcy, saying the "idiosyncratic" nature of the dispute makes it a poor candidate for high court review.

  • September 01, 2026

    Crypto Investment Firm Accused Of Fraud Must Face Ga. Suit

    A Texas-based crypto investment company can't dodge a fraud suit brought against it in Georgia federal court, after a judge said the suit shows the firm and its management transacted business in the Peach State and used a business dinner in Atlanta to tout their offerings.

  • September 01, 2026

    Patent Owner Urges Fed. Circ. To Rethink Marking Decision

    A patent licensing company has urged the Federal Circuit to reconsider its ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages, saying the holding flouts the law and creates risks for patent owners.

  • September 01, 2026

    Aiolos Seeks To Block Mass. Suit Over $1B GSK Deal

    Aiolos Bio Inc. and two of its founders have asked the Delaware Chancery Court to stop a former Tier1 Bio Inc. stockholder from pursuing a Massachusetts lawsuit over Tier1's 2023 dissolution and Aiolos' later $1 billion sale to GlaxoSmithKline LLC, arguing he agreed to litigate such corporate disputes exclusively in Delaware.

  • September 01, 2026

    Northwest MLS Settles Compass' Listing Rules Antitrust Suit

    Northwest Multiple Listing Service and Compass Inc. have reached a settlement ending Compass' antitrust lawsuit targeting Northwest MLS' policy requiring brokerages to list all properties on its platform before marketing them elsewhere, with the listing service announcing Monday that it will introduce a new "first look" status as part of the deal.

  • September 01, 2026

    Hotel Cos. Owe For Stalled Arbitration Costs, Fla. Judge Says

    A Florida federal judge denied a request by two Spanish companies to avoid interest on an arbitration award involving missed rental payments to a Panamanian hotel-casino operator during the COVID-19 pandemic, finding there was a "case or controversy" even though costs were paid more than a year after the proceeding ended.

  • September 01, 2026

    Judge Trims Gospel Singer's Claims In Contract Fight

    A Georgia federal judge has trimmed claims brought by a gospel musician who sued his business manager and record label, claiming that his copyright interests were stolen and he was deprived of royalties.

  • September 01, 2026

    NC Resort Community Members Accuse HOA Of Self-Dealing

    Members of an owners association for a North Carolina resort community claim the complex's owner has diverted at least $25,000 from the governing body in a scheme that inflated budgets for landscaping and trash pickup to hide the self-dealing.

  • September 01, 2026

    Image Search Technology Raises New Copyright Questions

    Technology that can uncover decade-old online images is testing the practical limits of copyright’s discovery rule, as courts weigh reasonable diligence against the reality that sophisticated search tools still miss infringement and defendants may no longer possess records proving authorization.

  • September 01, 2026

    NJ College Absolved Of Gender Bias For Not Reinstating Prof

    A New Jersey federal jury sided with The College of New Jersey over a professor who alleged the college's finance department was run like an old boys' club, finding the college did not discriminate or retaliate against the professor over her reappointment.

  • September 01, 2026

    5th Circ. Judge Hints Court Order With AI Errors Can't Stand

    A Fifth Circuit judge wanted to know why a panel should keep intact a court order blocking an anti-DEI Mississippi law that contained artificial intelligence hallucinations, asking whether the judges could confidently find that made-up citations did not ultimately sway the district court's decision.

  • August 31, 2026

    Perrigo Settles Antitrust Suits Over Baby Formula Market

    Perrigo settled a couple of lawsuits filed in New York federal court that accused the company of cutting an anti-competitive agreement with Gerber to maintain a monopoly in the store-brand infant formula market, according to a letter filed Monday in a Brooklyn court.

  • August 31, 2026

    Valve's 15K Antitrust Arbitrations Will Stay On Ice, Judge Says

    Arbitrations between gaming giant Valve Corp. and nearly 15,000 gamers will remain paused as the Ninth Circuit weighs whether the antitrust disputes are eligible for arbitration under the company's updated subscriber terms, according to a bench ruling Monday from a Seattle federal judge.

  • August 31, 2026

    Texas Court Sends Oxy Carbon Capture Claims To Arbitration

    A Texas appellate court has revived Occidental Petroleum's attempt to arbitrate a multimillion-dollar dispute stemming from a project to deploy a technology aimed at reducing greenhouse gases in Australia, saying a tribunal in British Columbia must decide for itself whether it has jurisdiction.

  • August 31, 2026

    Parler Backers Hijacked Social Media Co. From CEO, Jury Told

    Stakeholders of defunct microblogging app Parler, including hedge fund scion Rebekah Mercer and former deputy FBI director Dan Bongino, allegedly schemed to strip the social app's cofounder of his CEO role and his 40% stake, a Nevada jury heard in opening arguments in a $100 million contract trial Monday.

  • August 31, 2026

    9th Circ. Won't Rehear Eye Drop Antitrust Suit Despite Dissent

    A forceful dissent from a pair of Ninth Circuit judges wasn't enough to keep the full appellate court from letting stand a panel decision preserving wholesalers' district court win accusing the maker of Clear Eyes drops of illegal price discrimination favoring Costco.

  • August 31, 2026

    FTC, AGs Say Amazon Pocketed $20B With Fraudulent Auctions

    The Federal Trade Commission and a bipartisan coalition of 22 states sued Amazon Monday, alleging it secretly overcharged advertising customers more than $20 billion by manipulating how it set prices for ads on its e-commerce website.

  • August 31, 2026

    Judge Trims Claims In Insurance Software Trade Secret Case

    A federal judge in Chicago on Monday issued a mixed ruling in a case brought by a company that makes insurance agency management software against a rival that it claims created a fake insurance company to steal trade secrets, dismissing some claims but preserving others for trade secret misappropriation and violations of the Computer Fraud and Abuse Act.

  • August 31, 2026

    Colo. Fund Says Lender Hid $10M Loan Subordination Deal

    The manager of a Colorado-based investment fund accused mortgage lender Cherry Creek in state court of executing an "invalid" hidden subordination agreement that allowed the lender to delay its interest payments on a $10 million promissory note.

  • August 31, 2026

    Baird Sues Colo. Firm Over Alleged Adviser-Poaching Scheme

    Robert W. Baird & Co. Inc. claimed in Colorado state court that a competing financial services firm is using false and misleading statements about its independence to lure away Baird advisers and clients, according to the company's complaint.

  • August 31, 2026

    Paul Mitchell Urges 9th Circ. To Untangle False Ad Class

    Paul Mitchell urged the Ninth Circuit Monday to decertify a class of customers alleging the company deceptively concealed its animal testing in China while touting its U.S. haircare products as cruelty-free, arguing there's no evidence that all class members saw and relied on its cruelty-free labels before their purchases.

Expert Analysis

  • 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.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

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