Commercial Contracts

  • October 02, 2026

    Consulting Firm Says Author's Copying Suit Lacks Details

    A farm credit consulting firm asked a Colorado federal court to toss a suit brought by a leadership author who alleges the company launched a training program based on his copyrighted books, arguing the copyright claim is too vague and the state law claims are preempted.

  • October 02, 2026

    Expert Clash Blocks $10M Hail Coverage Row Pretrial Win

    A Tennessee federal judge Friday rejected a cardboard manufacturer's successive requests for a pretrial win in its hailstorm damage coverage dispute with its insurer, finding the "hotly" contested facts at issue cannot be resolved by the court.

  • October 02, 2026

    Former Fla. Rep. Gets 10 Years In Venezuela FARA Case

    A Florida federal judge on Friday sentenced ex-Florida Rep. David Rivera to 10 years in prison for failing to register as a foreign agent and laundering the proceeds of a $50 million contract with a unit of Venezuela's state-owned oil company.

  • October 02, 2026

    5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will convene Monday to begin its 2026 October term, which includes several cases that could determine the future of climate change tort litigation, expand religious freedoms and parental rights, and grant states authority to require proof of citizenship when individuals register for presidential elections using state forms. 

  • October 01, 2026

    DuPont, Corteva Accused Of $40B PFAS Asset Shielding

    The company formerly known as DuPont and its parent Corteva Inc. were sued in Indiana state court Thursday by 15 states and Guam alleging a newly completed seeds business spinoff is nothing more than an illegal effort to place $40 billion in assets beyond the reach of creditors pursuing forever chemicals claims.

  • October 01, 2026

    Fate Of Patent Awards Over $1B Shows Hurdles In Apple Case

    Taction Technology Inc. has secured the largest patent damages verdict in history with a $5.7 billion win against Apple Inc., but it may face an uphill battle to collect, since nearly every previous patent judgment over $1 billion was later reduced or overturned.

  • October 01, 2026

    Merrill, But Not BofA, Must Face Cash Sweep Rates Suit

    Bank of America escaped account holders' allegations that they were paid unreasonably low interest rates under automatic cash sweep programs, but its wealth management division, Merrill Lynch, must still face most of the proposed class claims, according to a New York federal judge's ruling.

  • October 01, 2026

    $16B Ruling Faces High Court Sovereign Immunity Challenge

    The U.S. Supreme Court is being asked to review an "egregiously wrong" Second Circuit decision that overturned a New York judge's $16 billion judgment against Argentina that arose from its nationalization of YPF SA, the country's largest oil and gas exploration company.

  • October 01, 2026

    Judge 'Flummoxed' By Forum Claim In IQVIA's Poaching Suit

    A North Carolina Business Court judge said Thursday that he was "flummoxed" by clinical research giant IQVIA Holdings Inc.'s argument for not enforcing its own forum selection clause against four top executives who decamped for a competitor.

  • October 01, 2026

    Honeywell's $46M LNG Award Survives Delay Challenge

    A Manhattan federal judge has granted industrial conglomerate Honeywell's bid to confirm a $46 million arbitral award, including attorney fees, against a Mexican construction company over a dispute related to defective and delayed equipment for a liquefied natural gas plant in Louisiana.

  • October 01, 2026

    Merrill Lynch To Pay $39M Over Retirement Cash Sweep Rates

    Bank of America's Merrill Lynch unit has reached a $39 million settlement with account holders in a suit alleging the wealth management division swept idle funds in customers' retirement accounts into low-interest accounts instead of paying the proper market interest rates.

  • October 01, 2026

    Construction Co. Says Insurance Broker Misled On Coverage

    A Connecticut construction company said an insurance brokerage neglected its responsibility to secure a policy and then later misrepresented why the construction company wouldn't receive coverage for a worker's personal injury suit.

  • October 01, 2026

    Fed. Circ. Backs Galderma In Injection Training IP Case

    The Federal Circuit on Thursday affirmed an order clearing Galderma SA of a medical training startup's accusations that it misappropriated trade secrets related to an injection training system and derailed what could have been a lucrative deal with Allergan PLC.

  • October 01, 2026

    Developer Bound By Emailed Settlement Offer, Court Says

    A three-sentence email with the subject line "settlement communication," which proposed a meeting followed by dismissal of a lawsuit over a real estate development, was a binding agreement to end the case, Massachusetts' intermediate-level appellate court said Thursday.

  • October 01, 2026

    FBT Gibbons Beats DQ Bid In Suit Over Cigna Payments

    A New Jersey state court judge has rejected a plastic surgery practice's bid to disqualify FBT Gibbons LLP from representing Cigna and a group of employer-sponsored health plans in its suit over the insurer's alleged underpayments, finding the bid appears more of an effort to gain an advantage rather than one to protect the interests of any client.

  • October 01, 2026

    Ambiguous Bond Terms Net FDIC Win In SVB Coverage Fight

    Two insurers must provide coverage to the Federal Deposit Insurance Corp., as receiver for Silicon Valley Bank, for the bank's claim for losses from a $73 million fraud scheme, a North Carolina federal judge ruled, finding ambiguity in bond contract language tipped the scales in the insured's favor.

  • October 01, 2026

    Food Workers' Gear Pay Suit Against Campbell's Survives

    Pepperidge Farm food production workers cleared a hurdle in a proposed class action accusing the snack-maker and its parent, Campbell's, of failing to pay for time spent donning and doffing required protective gear, as a New Jersey federal court found they adequately alleged federal and state wage claims.

  • September 30, 2026

    Ex-HSBC Exec Tells Jury Huawei CFO Vouched For Iran Biz

    A former HSBC executive on Wednesday testified in the racketeering trial of Huawei and three subsidiaries that he thought the Chinese telecommunications firm's business dealings in Iran were aboveboard, following assurances during a 2013 meeting from Huawei's chief financial officer.

  • September 30, 2026

    9th Circ. Judges Doubt X's Claims Against Anti-Hate Group

    Ninth Circuit judges appeared skeptical Wednesday of X Corp.'s bid to revive claims against two nonprofits for scraping tweets to study online hate speech, with one judge questioning X's contract damages claim and another doubting that the nonprofits could be held liable for publishing true information.

  • September 30, 2026

    Parler Ex-CEO Makes Final Trial Pitch For $100M Damages

    The former CEO of social media site Parler made his final argument Wednesday that he was wrongly stripped of a stake worth up to $100 million, with his lawyer telling a Nevada jury a valuation finding the entire company worth $10.81 was "bunk."

  • September 30, 2026

    Victoria's Secret Violated Deal For Instagram Ad, Model Says

    Victoria's Secret unlawfully used a professional model's entire face in a recent Instagram perfume advertisement, despite explicit restrictions in the parties' contract to use less than 30%, and refused to pay additional compensation for doing so, according to a right-of-publicity lawsuit filed in California federal court.

  • September 30, 2026

    Baby Food Co. Will Keep Posting Test Results, Texas AG Says

    Baby food company Plum Organics has committed to continuing to publish heavy metal test results for its infant food products, according to a deal it signed with the Texas attorney general's office to end a state investigation.

  • September 30, 2026

    Valve Order Allows 15K Antitrust Arbitrations To Be Closed

    A federal judge in Seattle refused Wednesday to issue a preliminary injunction to curb the closure of nearly 15,000 gamers' antitrust arbitrations against entertainment giant Valve Corp., finding that plaintiff Jeffrey Smith failed to show that closing the arbitrations would cause irreparable harm.

  • September 30, 2026

    Baker Donelson Gets 2nd Chance To Toss Malpractice Suit

    A Florida state appeals court reversed an order denying law firm Baker Donelson's bid to escape a construction company's malpractice lawsuit alleging it relied on bad legal advice, saying Wednesday the lower court must first determine if any misconduct occurred in the Sunshine State. 

  • September 30, 2026

    Delta Concealed Noncompetes, Wash. Class Action Claims

    Delta Air Lines Inc. broke Washington state law by failing to disclose the terms of its noncompetition restrictions to job applicants before they accepted employment, a worker has claimed in a proposed class action filed in King County Superior Court.

Expert Analysis

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

    Author Photo

    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • What 9th Circ. Devas Ruling Means For AI Infrastructure Deals

    Author Photo

    The Ninth Circuit's recent confirmation of a $2 billion arbitration award in Devas Multimedia's arbitration against a state-owned commercial arm of India’s space agency creates a cross-border enforcement road map for disputes that are bound to arise from the current generation of artificial intelligence infrastructure deals, says Fernanda Merouco at Davis Wright.

  • Series

    Taekwondo Makes Me A Better Lawyer

    Author Photo

    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

    Author Photo

    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

  • Early Action Can Benefit Distressed Restaurant Franchisees

    Author Photo

    As rising costs put increased pressure on restaurants, as evidenced by recent bankruptcy filings by Popeyes, Farmer Boys and Applebees franchisees, distressed businesses should move early to preserve profitable locations, reject uneconomic obligations, manage brand defaults and choose the appropriate restructuring path, says Christopher Caplinger at Kean Miller.

  • How 'Most Favored Nation' Regime Affects Biopharma Deals

    Author Photo

    As M&A activity surges in the biopharma space, companies will need to account for the Trump administration's most-favored-nation pricing proposals — durable in concept, if unsettled in detail — when drafting deals, say attorneys at Gibson Dunn.

  • What To Know As Legal Duty To Consider AI Takes Shape

    Author Photo

    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • Prepping To Use Crypto Collateral Under Ohio Ownership Law

    Author Photo

    Ohio's digital asset law should ease the path to using cryptocurrency as collateral, and as the October effective date approaches, lenders should update their loan documentation and diligence processes to take advantage of the new control-based perfection rules, say attorneys at Kegler Brown.

  • Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

    Author Photo

    Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.

  • Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

    Author Photo

    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

  • Series

    Being In A Band Made Me A Better Lawyer

    Author Photo

    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • Notable Q2 Updates In Insurance Class Actions

    Author Photo

    After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

    Author Photo

    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

  • Other Transaction Authority May Change Military Construction

    Author Photo

    Early use of the Pentagon’s expanded authority to use other transaction agreements for defense construction projects suggests it may become a consequential change that draws new entrants into the marketplace, so participants should be cognizant of how it differs from the familiar Federal Acquisition Regulation model, say attorneys at Holland & Knight.

  • Decoding Arbitral Disputes: Award Enforcement Is Just Step 1

    Author Photo

    In Qatar National Bank v. South Sudan and Bank of South Sudan, a D.C. federal court recently confirmed a $1 billion arbitral award, but the judgment itself remains only the entrance to the asset-recovery exercise, says Josep Galvez at 4-5 Gray's Inn Square.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Commercial Contracts archive.