Commercial Contracts

  • August 05, 2026

    Chubb Seeks Repayment For Skaggs Overdose Suit Defense

    A Chubb unit said it is entitled to recover costs paid to defend the Los Angeles Angels against wrongful death actions brought by the family of pitcher Tyler Skaggs, who overdosed while traveling for an away game, telling a California federal court that another carrier improperly denied its coverage obligations.

  • August 04, 2026

    Ashurst Perkins, Nail Co. Lose Doc Bids In Malpractice Suit

    Ashurst Perkins Coie won't have to turn over documents related to its predecessor firm's work for an Omani screw and nail manufacturer in international trade proceedings that are now the subject of a legal malpractice case, a Washington court has ruled, while also denying a discovery request from the firm. 

  • August 04, 2026

    AGs Can't Yet Get Discovery Into Live Nation's DOJ Deal

    A New York federal judge on Tuesday rejected a request by some state attorneys general for discovery into the Justice Department's antitrust settlement reached midtrial with Live Nation, ruling that the scope of the request is "unclear" but the AGs can try again with "narrow and targeted requests."

  • August 04, 2026

    5th Circ. Hints Texas App Age-Check Law Needs More Review

    A Fifth Circuit panel wanted to know whether the lower court should have gone "provision by provision" before halting a Texas law that requires app store owners to block minors from downloading apps without parental consent, suggesting the lower court needed to do more while weighing the legislation's constitutionality.

  • August 04, 2026

    Carnival Gets Housekeeper's Injury Suit Sent To Arbitration

    A Florida federal judge has ruled that a suit brought by a Carnival Corp. cruise ship employee over an on-the-job spinal injury belongs in arbitration, saying the worker's indigence claim over arbitration fees is moot because the company has already paid it.

  • 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.

Expert Analysis

  • 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.

  • Character.AI Case Highlights Agentic AI Liability Questions

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    The recently settled litigation against Character Technologies Inc. provides an early case study for exploring salient legal issues related to agentic artificial intelligence, such as tort liability, strict liability, statutory liability and contractual liability, says Samuel Mitchells at Smith Gambrell.

  • How DOL Rule Would Preserve App-Based Contractor Work

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    The U.S. Department of Labor's proposed 2026 independent contractor rule reinforces the centrality of worker autonomy and entrepreneurial opportunity that characterize many app-based arrangements, and returns to a framework that may offer increased predictability for platforms and workers alike, say attorneys at Gibson Dunn.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • Compliance Takeaways Amid Subscription Practices Scrutiny

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    The Federal Trade Commission's prioritization of enforcement regarding deceptive billing and cancellation practices in recurring subscriptions, and new click-to-cancel rulemaking expected on the horizon, carry key takeaways for companies using recurring subscriptions to sell products or services, say attorneys at Arnold & Porter.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

  • What Kalshi Cases Reveal About State Authority, Regulation

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    Prediction markets like Kalshi have ignited complex legal battles that get to the heart of how novel financial products intersect with traditional state enforcement authority, and courts are already beginning to divide over whether federal law preempts state enforcement authority restricting these offerings, say attorneys at Holtzman Vogel.

  • What US Arms Sales Reforms Mean For Defense Industry

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    A recent executive order with the goal of increasing U.S. arms sales transparency, speed and government-industry collaboration carries both promise and risk for the defense industry as the government seeks to leverage the private sector and use commercial products for defense purposes, say attorneys at Fluet.

  • How Recent Del. Rulings Clarify M&A Deal Fraud Carveouts

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    Two recent Delaware decisions have provided clarity regarding when a party can or cannot rely on representations made during the course of an M&A transaction, particularly on the scope and enforceability of antireliance provisions, and on representations they knew or should have known were false, says Anthony Boccamazzo at Olshan Frome.

  • Aligning Microsoft Tools With NYC Bar AI Recording Guidance

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    The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from January and identifies practice tips from cases involving allegations of violations of consumer fraud regulations, the Fair Credit Reporting Act, employment law and breach of contract statutes.

  • 5 Different AI Systems Raise Distinct Privilege Issues

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    A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.

  • After Learning Resources: A Practical Guide For US Importers

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    Following the U.S. Supreme Court's Feb. 20 decision in Learning Resources v. Trump, U.S. importers and consumers on whom tariffs were imposed under the International Emergency Economic Powers Act can seek relief through existing administrative procedures or a yet-to-be-determined bespoke refund mechanism, and should plan for more changes in the tariff landscape, say attorneys at Baker Botts.

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