Commercial Contracts

  • 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.

  • August 04, 2026

    Del. Chancery Partly Revives HKA's Employment Contract Suit

    The Delaware Chancery Court on Monday let HKA Global LLC revive parts of its suit against three former partners and Accuracy US LLC, allowing several new claims while refusing to reinstate contract theories the court had already rejected after voiding key restrictive covenants.

  • August 04, 2026

    $15M Deal In PVC Pipe Price-Fixing Case Gets Initial OK

    An Illinois federal judge on Tuesday granted early approval to a $15 million deal purchasers struck with plastic pipe system supplier Pipelife Jet Stream, allowing it to soon exit antitrust litigation accusing major polyvinyl chloride pipe producers of fixing prices.

  • August 03, 2026

    DOJ, Rocket Mortgage See 'Reasonable' Chance To Settle

    The U.S. Department of Justice has asked a Colorado federal court to pause deadlines in its appraisal discrimination case against Rocket Mortgage LLC, saying both sides agree there's a "reasonable prospect" for a settlement and want time to explore it further.

  • August 03, 2026

    Shipbuilder Ditches Pa. Suit Over Baltimore Bridge Collapse

    A Pennsylvania federal judge on Monday dismissed a lawsuit alleging South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. designed and built a "fatally flawed" container ship that subsequently slammed into Baltimore's Francis Scott Key Bridge. 

  • August 03, 2026

    AT&T Can't Cut Claims From Cellular Partnership Suit

    The Delaware Chancery Court has refused to toss two new claims from companies suing AT&T over rural Oklahoma cellular partnerships, saying the telecom titan "appears to have drafted an ambiguous contract and must now live with the results."

  • August 03, 2026

    Pot Investor Says Partners Diverted $1.1M In Grow Site Funds

    Three entrepreneurs face claims they misused $1.1 million in seed money meant to launch a Merced, California, cannabis cultivation facility, according to a lawsuit filed by an investor who says the grow site never materialized and the funds were diverted for personal use.

  • August 03, 2026

    Students' Assault Suit Must Be Arbitrated, Fla. School Says

    A Florida boarding school accused of allowing the sexual assault of two male students urged a state court Monday to move their lawsuit into arbitration, arguing that each of their fathers signed contracts agreeing to resolve their claims out of court. 

  • August 03, 2026

    Samsung Unit, Mousterian Ink US Floating Data Center Deal

    Shipbuilder Samsung Heavy Industries Co. Ltd. and Mousterian Corp. Inc. have signed an engineering agreement for their first moored U.S. floating data center project, the two companies announced Monday.

  • August 03, 2026

    4 Mass. Rulings You May Have Missed In July

    A Massachusetts judge affirmed her self-described "eye-popping" $91 million judgment against insurance companies, a private lender was freed from fraud claims after a loan recipient's emails told a different story, and a venture capital pro was denied a jury for his upcoming trial, among other recent state court rulings.

  • August 03, 2026

    Legal Questions Michigan Is Still Facing In 2026

    Michigan's legal sector can expect answers on several burning legal questions in the remainder of 2026, with major litigation over the Flint water crisis nearing an end, and the state's enforcement push against prediction market purveyors just getting started. Some of the biggest questions, however, will be answered not in court, but at the ballot box, where Michigan Supreme Court justices are up for election and a potential constitutional convention will be put to voters.

  • August 03, 2026

    9th Circ. Won't Toss Ex-LA Supervisor's Fraud Conviction

    The Ninth Circuit on Monday denied former Los Angeles County Supervisor Mark Ridley-Thomas' bid to escape his fraud, bribery and conspiracy convictions, finding that his "funneling" scheme of giving $100,000 to the University of Southern California before it facilitated the same amount moving to his son's nonprofit constituted a "thing of value."

  • August 03, 2026

    Judge Denies Bid To Oust Kirkland From Trade Secret Feud

    A California federal judge has denied a healthcare software company's attempt to disqualify Kirkland & Ellis LLP from representing Commure Inc. in a trade secret lawsuit, ruling that the plaintiff failed to prove that information it disclosed during a prospective client consultation was materially harmful enough to warrant disqualification.

  • August 03, 2026

    Conn. Atty Says Deal Bars Fidelity's $920K Malpractice Claim

    A Connecticut lawyer has sought an early win on Fidelity National Title Insurance Co.'s malpractice case surrounding a $2.5 million mortgage refinancing loan, arguing that a claim over a forged mortgage release and a $920,000 payout is barred by the passage of time and a prior settlement.

  • August 03, 2026

    NJ Panel Revives Bank's Greenbaum Rowe Malpractice Suit

    First Bank's legal malpractice suit against Greenbaum Rowe Smith & Davis LLP over a botched loan for a Lexus dealership was revived by a Garden State appeals court Monday, with the panel ruling that the trial court should not have barred the bank's expert report.

Expert Analysis

  • How Data Centers Can Prep For Legal Challenges Amid War

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    Amid conflict in the Middle East, data centers may now be exposed to state-level kinetic threats, creating significant legal, regulatory and contractual implications, so operators should update their legal and operational frameworks in order to withstand future disruptions and meet the regulator expectations, say attorneys at Baker Botts.

  • Series

    Coaching Soccer Makes Me A Better Lawyer

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    Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

  • Series

    Law School's Missed Lessons: The Human Element

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    Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

  • Time Limit Case Highlights How Justices Apply Federal Rules

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    In Coney Island Auto Parts Unlimited v. Burton, the U.S. Supreme Court sided with the minority in a circuit split on when a litigant can seek relief from an allegedly void judgment — but the decision's most important lessons may be about the high court's interpretive approach to the Federal Rules of Civil Procedure, say attorneys at McDermott.

  • Avoid The Unexpected When Drafting License Agreements

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    The Delaware Court of Chancery's recent decision in Commave v. Zevrain raises several practice points for attorneys drafting commercial contracts, underscoring the importance of considering anti-assignment provisions, specific exclusions and potential carveouts when drafting license agreements or other commercial contracts, say attorneys at Hogan Lovells.

  • A Reliable Liability Shield For Government-Sponsored R&D

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    The Federal Circuit's decision in Arlton v. AeroVironment last month confirms that the Section 1498 liability-shifting framework applies well beyond production contracts, providing powerful assurance that contractors performing government-directed work are shielded from patent infringement liability, say attorneys at Morgan Lewis.

  • The Benefits Of Choosing A Niche Practice In The AI Age

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    As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

  • Section 122 Tariffs Show Shift In Strategy, Not Trade Policy

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    By imposing temporary tariffs under Section 122 of the Trade Act as a stopgap measure while it pivots to less transitory statutory authorities, the Trump administration sent a clear message that the U.S. Supreme Court’s decision in Learning Resources v. Trump, invalidating duties imposed under the International Emergency Economic Powers Act, will not precipitate a change in policy direction, say attorneys at Snell & Wilmer.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • Structuring Water Agreements For Data Center Development

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    For developers of artificial intelligence data centers, water use is now a threshold feasibility and financing variable amid a regulatory landscape with a state-driven push for transparency and federal push to streamline pathways for AI-related infrastructure, say attorneys at Pillsbury.

  • Lessons From Justices' Split On Major Questions Doctrine

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    The justices' varied opinions in Learning Resources v. Trump, which held the International Emergency Economy Powers Act did not confer the power to impose tariffs, offer a meaningful window into the U.S. Supreme Court's perspective on the major questions doctrine that will likely shape lower courts' approach to executive action challenges, say attorneys at Venable.

  • Proposed DOL Rule Could Simplify Contractor Classification

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    If the U.S. Department of Labor's recently proposed rule governing employee versus independent contractor classification is finalized, it would permit energy sector employers to evaluate the nature of the working relationship with a more straightforward and predictable analysis than the 2024 rule's unweighted test, say attorneys at Bracewell.

  • How The New Tariff Landscape May Unfold

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    To replace tariffs formerly imposed under the International Emergency Economic Powers Act, the administration will rely on a patchwork of statutes, potentially leading to procedural challenges and a complex tariff landscape with varying levels, durations and applicability, says Joseph Grossman-Trawick at King & Spalding.

  • What GCs Should Keep In Mind When Developing AI Addenda

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    When general counsel develop their own customer-side artificial intelligence addenda to be used as the baseline for negotiations with AI vendors, they should take care to rightsize the addenda relative to their organization's size, complexity and bargaining power, say attorneys at Polsinelli.

  • 2nd Circ. Kazakh Ruling Clarifies RICO Rule, FSIA Exception

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    The Second Circuit's recent Yerkyn v. Yakovlevich ruling, dismissing a Racketeer Influenced and Corrupt Organizations Act claim, demonstrates that RICO's domestic injury requirement is a merits question, and reaffirms the Foreign Sovereign Immunities Act's commercial activity exception, says Brant Kuehn at Greenspoon Marder.

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