Commercial Contracts

  • July 29, 2026

    Forum Clause Dooms ITC Trade Secret Case Against BMW

    A U.S. International Trade Commission judge has made an initial finding to close a trade secret investigation into BMW's imports of infotainment screens targeted by a California technology company, citing an agreement between the parties saying their disputes had to be hashed out in Germany.

  • July 29, 2026

    King & Spalding Told To End 'Shenanigans' In Bid To Exit Case

    The individual defendants in a $300 million fraud lawsuit have accused King & Spalding LLP of appellate "shenanigans" while it seeks to exit the case due to an alleged ethics conflict, claiming the firm has falsely denied representing corporate clients despite an attorney's appearance suggesting otherwise.

  • July 29, 2026

    Insurers Owe $10M For Ethanol Kickback Award, Ag Co. Says

    The owner of an agricultural management company said liability insurers owed more than $10 million in damages for what he and the company paid toward an arbitration award in a dispute alleging a pay-to-play kickback scheme, saying the insurers improperly applied exclusions and appointed ill-prepared counsel.

  • July 29, 2026

    Glazer Sues In Chancery For More Comerica Merger Records

    A Comerica Inc. stockholder has asked the Delaware Chancery Court to order the bank to turn over additional books and records tied to its merger with Fifth Third Bancorp, alleging the company has improperly withheld key documents needed to investigate whether directors and executives breached their fiduciary duties during the sale process.

  • July 29, 2026

    Manufacturer Can't Recoup Coverage For Gas Leak Losses

    A semiconductor manufacturer is not entitled to additional coverage for losses it incurred after a hydrogen chloride gas leak at one of its facilities, a Texas appellate court ruled, saying the company failed to show it suffered damages that exceeded its policies' deductible and were unrelated to excluded corrosion.

  • July 29, 2026

    Apple, Amazon Beat Bid To Revive IPhone Sales Antitrust Suit

    A Washington federal judge has declined to reinstate a proposed class action accusing Apple and Amazon of illegally limiting iPhone and iPad sales, standing by her previous conclusion that Hagens Berman Sobol Shapiro LLP failed to promptly seek the approval of two substitute plaintiffs after the original lead consumer abandoned the case.

  • July 29, 2026

    PBS Station Sues Data Co. Over 70 Years Of Archived Footage

    A St. Louis public television station has sued a data storage company in Colorado state court to recover 50 terabytes of irreplaceable archival footage and programming spanning seven decades, alleging the company has wrongfully refused to return the data after the station's cloud storage provider ceased operations.

  • July 29, 2026

    Aterian Loses Dismissal Bid In P.J. Mechanical Suit

    The Delaware Superior Court has refused to dismiss a lawsuit accusing private equity firm Aterian Investment Partners of improperly draining millions of dollars from a holding company to avoid paying earnout obligations owed to the former owners of P.J. Mechanical, finding that the founders plausibly alleged that Aterian intentionally interfered with their contract.

  • July 29, 2026

    NC Attorney General's Clash With HCA Cleared For Trial

    The North Carolina Business Court has cleared a path to trial in the state attorney general's suit accusing HCA Healthcare of letting the quality of care at Mission Hospital in Asheville languish.

  • July 29, 2026

    Lowe's Coverage Row, NASCAR Team Tiff: NC Midyear Report

    The North Carolina courts are teeing up for a busy second half of 2026, including readying for a multimillion-dollar insurance trial with Lowe's and speeding through discovery in a high-profile trade secrets dispute involving former NFL coach Joe Gibbs' championship NASCAR team.

  • July 28, 2026

    Randy Quaid Loses Bid To Undo $3.5M Calif. Property Ruling

    Actor Randy Quaid and his wife cannot overturn a $3.5 million judgment awarded to a California couple who bought a Santa Barbara property that once belonged to the Quaids, an appeals court ruled Tuesday, finding substantial evidence supporting claims that the Quaids' false ownership assertions damaged the property's marketability.

  • July 28, 2026

    Baldoni's Studio Owes NYT $170K For Failed Defamation Suit

    "It Ends With Us" director and star Justin Baldoni's production company must pay The New York Times more than $170,000 after it defeated the studio's defamation claims, a New York state judge has ruled, saying the newspaper is entitled to recoup its legal fees.

  • July 28, 2026

    Ill. Judge Questions Construction Rental Antitrust Case

    An Illinois federal judge seemed skeptical Tuesday that a construction equipment rental benchmarking service that allegedly facilitates an illegal rate-fixing scheme among major rental companies includes the sort of enforcement mechanism that would prevent their independent implementation of that data.

  • July 28, 2026

    Texas Judge Calls Late Bid To Disqualify Atty 'Dilatory Tactic'

    A Texas federal judge on Tuesday denied a request to disqualify an attorney representing the former chief executive of a real estate company related to the late mogul Gene Phillips, saying the attempt to knock out the attorney came way too late in the game.

  • July 28, 2026

    SocGen Beats DC Landlord's Suit Over Failed $29M Loan

    A Washington, D.C., federal judge on Tuesday dismissed a lawsuit by a property owner that claimed Société Générale Financial Corp. wrongfully backed out of a planned $29 million loan to refinance a Washington building, ruling that the parties' signed term sheet was only a preliminary negotiating document and not a binding promise to lend.

  • July 28, 2026

    HR Giant Rippling Stole Startup's AI Trade Secrets, Suit Says

    Human resources services provider Rippling stole confidential information about Runlayer's artificial intelligence platform technology to develop its own competing product, the startup claims in litigation filed Tuesday in New York federal court.

  • July 28, 2026

    BofA Must Face Consumer Suit Over Autopay Double Charges

    An Illinois federal judge has ruled that Bank of America NA cannot avoid facing a majority of the claims in a lawsuit accusing the bank of not adjusting automatic payments on credit cards when customers manually pay off their statement balance in the middle of a billing cycle, finding a consumer established standing and showed evidence of a deceptive practice.

  • July 28, 2026

    Penske Accused Of Scheming To Buy Golden Globes

    The Hollywood Foreign Press Association sued Penske Media Corp. in California federal court Tuesday, accusing the company and owner Jay Penske of orchestrating a scheme to fraudulently acquire the Golden Globe Awards as part of a bid to dominate the market.

  • July 28, 2026

    11th Circ. Weighs Waiver In $12.2M Solar Farm Coverage Case

    An Eleventh Circuit panel grappled Tuesday with whether Zurich American Insurance Co. should be freed from a $12.2 million verdict finding it shortchanged a Georgia solar farm's storm damage claim, with one judge seeming to side with the farm's argument that a waiver of a flood deductible was possible.

  • July 28, 2026

    Judge Mulls Pausing Medicaid Work Rule For 'Frail' Recipients

    A Massachusetts federal judge said Tuesday he anticipates deciding by the end of the week whether the Trump administration will have to pause part of a new rule states must follow in determining whether medically frail Medicaid recipients are exempt from new work or school requirements.

  • July 28, 2026

    Texas Panel Says Sysco Can't Arbitrate Driver Injury Claim

    A Texas appeals court on Tuesday found that Sysco USA I Inc. cannot compel arbitration in a delivery driver's injury suit, as the driver is exempt from the Federal Arbitration Act as a transportation worker.

  • July 28, 2026

    Insurance Co. Beats Kosovo Citizens' Disability Benefits Suit

    A New York Life Insurance Co. unit defeated a lawsuit alleging it breached Pennsylvania law when it denied disability benefits to 17 Kosovo citizens who supported the U.S. military in Afghanistan, with a federal judge ruling the claims are preempted by the Employee Retirement Income Security Act.

  • July 28, 2026

    Nielsen Says 2nd Circ. Ruling Makes Courts Price Regulators

    Nielsen has asked the Second Circuit to reconsider a ruling upholding an injunction in a case from Cumulus accusing it of tying sales of its national radio ratings data to its local offerings, telling the appeals court the ruling turns judges into price regulators.

  • July 28, 2026

    Minn. Schools' Hail Damage May Be Covered, 8th Circ. Says

    The Eighth Circuit revived a Minnesota school district's suit seeking coverage for hail damage to the roofs of two schools, finding that the damage may fall outside a cosmetic damage exclusion if it weakened the roofs' ability to withstand the elements to the same extent as before the storm.

  • July 28, 2026

    LG Can't Arbitrate Stockholder Suit, Chancery Says

    The Delaware Chancery Court has refused to send fiduciary duty claims against LG, its U.S. subsidiary and several executives to arbitration, ruling that an investor's derivative lawsuit over the governance of advertising technology company Alphonso must remain in the Delaware court.

Expert Analysis

  • Series

    Trail Running Makes Me A Better Lawyer

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    Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.

  • What Artists Can Learn From Latest AI Music Licensing Deals

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    Recent partnerships between music labels and artificial intelligence companies raise a number of key questions for artists, rightsholders and other industry players about IP, revenue-sharing, and rights and obligations, say attorneys at Manatt.

  • If Your AI Vendor Goes Bankrupt: Keeping Licensed IP Access

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    With contracting norms still evolving to account for the licensing of artificial intelligence tools, customers that need to retain access to key AI products in the event of vendor’s bankruptcy should consider four elements that could determine whether they may invoke traditional Section 365(n) intellectual property protections, say attorneys at Sidley.

  • Malpractice Claim Assignability Continues To Divide Courts

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    Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.

  • Tips For Financial Advisers Facing TRO From Former Firm

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    The Eighth Circuit's recent decision in Choreo v. Lors, overturning a lower court's sweeping injunction after financial advisers moved to a new firm, gives advisers new strategies to fight restraining orders from their old firms, such as focusing on whether the alleged irreparable harm is calculable, say attorneys at Kutak Rock.

  • Series

    Teaching Logic Makes Me A Better Lawyer

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    Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

  • Series

    Law School's Missed Lessons: Practicing Resilience

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    Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

  • NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

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    Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

  • Series

    The Biz Court Digest: Dispatches From Utah's Newest Court

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    While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

  • Aerospace And Defense Law: Trends To Follow In 2026

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    Some of the key 2026 developments to watch in aerospace and defense contracting law stem from provisions of this year's National Defense Authorization Act, a push to reform procurement, executive orders that announced Trump administration priorities, the upcoming Artemis space mission and continuing efforts to deploy artificial intelligence, say attorneys at Thompson Hine.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • 2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction

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    The Fifth and Ninth Circuits recently handed down decisions, in Sanchez Energy and Sawtelle Partners, respectively, reminding practitioners that bankruptcy court jurisdiction over lingering disputes is not guaranteed, regardless of whether confirmation orders contain specific "retention of jurisdiction" language, says Brian Shaw at Cozen O’Connor.

  • 3 Key Ohio Financial Services Developments From 2025

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    Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.

  • AI Licensing Suit Exhibits Pitfalls Of Vague Contract Terms

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    Fastcase Inc. v. Alexi Technologies, a case in District of Columbia federal court, demonstrates the potential consequences of vaguely drafted contract terms amid unforeseen technological advances, but there is practical guidance parties may employ to mitigate the potential for similar contract disputes, say attorneys at Baker Botts.

  • Series

    Playing Tennis Makes Me A Better Lawyer

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    An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

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