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

  • Del. Chancery Has Signaled Decreased Use Of Its Blue Pencil

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    The Delaware Chancery Court's decision in BluSky Restoration Contractors v. Robbins not to enforce or rewrite overbroad language, known as blue-penciling, in key covenants shows that the sale of a business context no longer insulates these restrictive measures from judicial scrutiny, affecting transactions and litigation, says Aylin Daldal at Kleinbard.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • AI Practices To Protect Trade Secrets Amid Unstable Case Law

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    Amid recent diverging district court approaches to whether inputting proprietary information into artificial intelligence tools could constitute a failure to take reasonable measures to safeguard secrets, trade secret owners must adapt their confidentiality practices to keep trade secrets secure, says Fitz Collings at MoFo.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Key Legal Considerations For Data Center Battery Storage

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    Battery energy storage systems have become essential infrastructure for data center development — but as trade, energy and tax policies continue to shift, companies operating in this space must understand the importance of supply chain requirements and industry-tailored contracts, says RJ Colwell at Davis Graham.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Musk-OpenAI Verdict Shows Value Of Early-Stage Governance

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    A California federal court's ruling last week in Musk v. Altman preserves the status quo at OpenAI, but signals to the technology industry at large that courts will not relitigate the governance decisions of early-stage organizations on a founder's competitive timetable, surfacing questions that will outlast the litigation, says attorney Alan N. Walter.

  • Finding Borrower Risk In The Private Credit Covenant Mix

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    Amid rising caution over private credit defaults, investors and their counsel can gain key insights about borrower risk from the particular combination of financial metrics included in a loan's covenants, not just the number of covenants, say Christopher Armstrong at Stanford University, and Carlo Gallimberti and David Tsui at Analysis Group.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • NIL Contracts Test Limits On College Football Transfers

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    College football's new legal era of direct payments to players and fewer transfer restrictions has put contractual provisions in play, and stipulations such as termination clauses and repayment obligations require added scrutiny as the name, image and likeness system evolves, says Kevin Paule at Hill Ward Henderson.

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • DOJ Activity Indicates Rising Antitrust Risk For Hospitals

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    Two civil actions filed by the U.S. Department of Justice against New York-Presbyterian Hospital and OhioHealth, both alleging that the hospital systems used their market power to stifle competition, highlight the government's growing scrutiny of barriers to lower-cost insurance options, say attorneys at Freshfields.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

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