Commercial Contracts

  • September 04, 2026

    3rd Circ. Revives Malpractice Claim Against Kirkland Atty

    A New Jersey divorcee may once again pursue a legal malpractice claim against a Kirkland & Ellis LLP attorney who she said lost her millions by mishandling estate documents, after the Third Circuit found it could be possible to link her alleged damages to the lawyer's work.

  • September 03, 2026

    Fox's Supposed $500M Offer For Parler Was Fake, Jury Told

    Billionaire Rebekah Mercer testified Thursday that Parler's later-ousted CEO made her think falsely that Fox was offering $500 million for the social app, one example of the supposed misconduct she has said was the reason he was forced out.

  • September 03, 2026

    Wash. Justices To Hear Gordon Rees Malpractice Transfer Suit

    Washington's Supreme Court will consider whether a Great American insurance unit can inherit an equipment manufacturer's legal malpractice claims against two law firms in what the insurance company has called an issue of first impression, according to a high court order published Wednesday.

  • September 03, 2026

    Dutch Software Co. Asks Justices To Halt TM Trial

    A Dutch software company has asked the U.S. Supreme Court to pause a rapidly approaching trial in a trademark dispute with an American rival while it petitions for review of an injunction and contempt order that it said threaten to taint the entire proceedings.

  • September 03, 2026

    Medical Biz Cites $15M Nicaragua Win To Avoid Arbitration

    A Nicaraguan medical products distributor is urging a Florida federal court to reconsider its order compelling arbitration of its dispute with GE Precision Healthcare LLC, pointing to a recent $15 million Nicaraguan court judgment that also dismisses the U.S. company's arbitration-based jurisdictional objection.

  • September 03, 2026

    Invesco Funds Settle In Serta Uptier Ch. 11 Appeal

    Invesco-managed funds reached a confidential settlement, ending appeals of a Texas bankruptcy judge's decision that Serta Simmons lenders excluded from a debt restructuring deal are owed $400 million.

  • September 03, 2026

    Pa. Property Manager Beats RE Agent's $10M Defamation Suit

    A Florida state jury has ruled against a real estate agent in her $10 million defamation suit, in which she accused the board chairman of a Pennsylvania property management company of repeatedly harassing and defaming her.

  • September 03, 2026

    1st Circ. Orders Redo In Puerto Rico Hospital Loan Fight

    The First Circuit revived hospital Instituto Medico Del Norte's Chapter 11 lawsuit against a lender, remanding the case after it "struggled to make sense" of a Puerto Rico bankruptcy judge's decision to dismiss the litigation.

  • September 03, 2026

    5th Circ. Unsure Provision Allows Contractor To Get Atty Fees

    A Fifth Circuit panel wanted to know why a construction company should get to collect attorney fees without a prevailing party provision in its joint venture contract, saying Thursday that the language of the parties' contract seemed to require a breach of contract.

  • September 03, 2026

    CFTC Says CME Perps Fight Is 'Much Ado About Nothing'

    The U.S. Commodity Futures Trading Commission told a D.C. federal judge that the Chicago Mercantile Exchange's suit over the agency's approval of Kalshi's bitcoin perpetual futures contract is "much ado about nothing" since the derivatives exchange is free to list its own version of the product.

  • September 03, 2026

    NJ Judge Strikes Experts In Faegre Drinker Malpractice Suit

    A New Jersey state judge has struck the expert reports in a legal malpractice suit against Faegre Drinker Biddle & Reath LLP, barring the experts from testifying unless the Sept. 14 trial over a real estate deal gone awry is postponed.

  • September 03, 2026

    Law Firm, Closing Agents Faulted For Not Flagging Fraud

    A Pittsburgh-area real estate settlement company wrongfully released the money from a divorcing couple's property sale to a fraudster, and the law firm that was supposed to get the money didn't notice until nearly a month later, the couple claim in a lawsuit filed in Pennsylvania state court.

  • September 03, 2026

    Fox Rothschild Says Adult Day Care Suit Rehashes Claims

    Fox Rothschild LLP is urging a New Jersey state court to toss claims against the firm and one of its attorneys in a complaint related to the firm's prosecution of a fraudulent loan lawsuit that led to a $65,000 sanction against the firm.

  • September 02, 2026

    Walmart Says IP Suit Docs Can't Be Used In Malpractice Case

    Walmart has asked an Arkansas federal court to order food tech startup Zest Labs to comply with a protective order from the parties' settled trade secret dispute and block it from disclosing Walmart's confidential information in Zest's malpractice suit against its former attorneys.

  • September 02, 2026

    Akerman Hires Consumer Protection Law Ace From Steptoe

    Akerman LLP announced on Monday it has welcomed a former Steptoe LLP attorney who brings vast experience helping clients navigate a unique, complicated landscape involving Golden State consumer protection laws and regulations, including matters related to Proposition 65.

  • September 02, 2026

    Robert Half Says Beacon Hill 'Raided' Conn. Staffing Team

    Robert Half Inc. has sued staffing services competitor Beacon Hill Solutions Group LLC in Connecticut federal court, alleging that Beacon Hill continued a nationwide employee poaching pattern by "raiding" its New Haven and Hartford operations and inducing the exits of a recruiting manager, practice director, talent director and talent manager.

  • September 02, 2026

    Fed. Circ. Backs Micron's PTAB Wins Over Netlist

    Micron took home a series of wins at the Federal Circuit on Wednesday in its multifaceted patent battle against Netlist, with the court upholding invalidations of five computer memory patents.

  • September 02, 2026

    Clippers Fined $30M As Probe Uncovers Salary Cap Violations

    The NBA unveiled sweeping sanctions against the Los Angeles Clippers Wednesday, including a $30 million fine and a one-year ban for the team's owner, after an investigation uncovered evidence that the team violated the league's salary cap rules by arranging off-court business deals for its star forward, Kawhi Leonard.

  • September 02, 2026

    Hall Booth Can't Pause NC Malpractice Claims, Court Told

    A court-appointed receiver has blasted Hall Booth Smith PC's bid in the North Carolina state appeals court to pause legal malpractice claims against the firm related to a wrongful conviction judgment, calling the move "nothing but a collateral attack" in state court on a federal order appointing the receiver.

  • September 02, 2026

    Agency Says Mich. Is Proper Forum For NCAA Poaching Suit

    An Arkansas sports agency has urged a Michigan federal judge to reject a North Carolina rival's bid to dismiss or transfer a lawsuit accusing it of using acquisition talks to obtain confidential information and poach a college basketball player, arguing the rival deliberately conducted name, image and likeness, or NIL, business in Michigan and agreed that Michigan law would govern the parties' nondisclosure agreement. 

  • September 02, 2026

    JPMorgan Seeks Stay Of $20M Javice, Amar Fee Order

    JPMorgan Chase & Co. urged the Delaware Chancery Court on Wednesday to pause enforcement of an order requiring it to advance more than $20 million in disputed legal fees to convicted Frank founder Charlie Javice and former executive Olivier Amar, arguing the bank could permanently lose the money before it gets a chance to challenge the ruling.

  • September 02, 2026

    DOL Backs Aramark Bid To Avoid Aetna ERISA Suit Arbitration

    The U.S. Department of Labor backed Aramark's attempt to keep in court its allegations that Aetna cost the company millions by mismanaging health benefit claims, telling the full Fifth Circuit that a panel correctly held that the case fell under an exception in the arbitration agreement.

  • September 02, 2026

    Ohio Court Rejects Class Bid In State Farm Vehicle Value Row

    An Ohio federal judge Tuesday rejected a driver's attempt to certify a class of policyholders in a case alleging State Farm underpaid the cash value of totaled vehicles, finding class treatment would be "inappropriate" because each vehicle would need individual assessment.

  • September 02, 2026

    Logistics Co. Says Ex-Workers Gave Trade Secrets To Rival

    A supply chain and logistics management company is accusing two former employees and a rival trucking company of carrying out a scheme to steal its trade secrets and confidential information, according to a lawsuit filed in Georgia federal court.

  • September 01, 2026

    McLane Model Keeps Drivers Overtime-Exempt, 9th Circ. Says

    A Ninth Circuit panel on Tuesday affirmed a lower court's ruling that truck drivers behind a proposed class action against food distributor McLane Foodservice Inc. are exempt from overtime pay, holding that the employees engaged in interstate commerce despite driving only in California.

Expert Analysis

  • As Quantum Computing Evolves, So Do Antitrust Risks

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    Amid quantum computing's increased strategic importance there are five potential antitrust fault lines that may arise not only between quantum developers, but also within and across the layers of the stack as the industry matures, say attorneys at Proskauer.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Examining 3 Notable DOL Moves In The First Half Of 2026

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    With the U.S. Department of Labor addressing independent contractor classification, joint employment and white collar exemptions so far this year, employers must understand this shifting landscape to ensure proper treatment of employees based on their classification and to mitigate enforcement risk, say attorneys at Conn Maciel.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Brief Iran Sanctions Pause Will Most Benefit Non-US Cos.

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    Due to its short duration, the Office of Foreign Assets Control’s recently issued general license easing Iran sanctions will mostly benefit companies with preexisting commercial relationships involving Iranian petroleum, and is unlikely to mitigate overcompliance and de-risking behavior by U.S. and foreign financial institutions, says Michelle Roberts at Berliner Corcoran.

  • Okla. Reforms Will Curb Oil, Gas Royalty Litigation Risk

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    Recent amendments to Oklahoma's Production Revenue Standards Act — the most comprehensive in decades — raise the stakes for true noncompliance with the state's oil and gas royalty payment framework, while offering operators clearer rules, defined interest boundaries and predictable exits from prolonged suspense situations, say attorneys at GableGotwals.

  • Tracking The Rare 'Quick Look' Win In FTC's Zillow-Redfin Suit

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    The Federal Trade Commission’s suit claiming that Zillow illegally paid Redfin to exit the apartment rental market is one to watch because its early success under the less rigorous “quick look” standard of antitrust review could turn into a rare case won under the doctrine, say attorneys at Axinn.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • A Lender's Guide To Fraud: Identifying Risks

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    The evolving lending landscape, particularly the private credit boom, has heightened lenders' exposure to fraud, but recent bankruptcies demonstrate where fraud risks most commonly materialize and how banks can mitigate exposure at the outset, say attorneys at Moore & Van Allen.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Decoding Arbitral Disputes: Curial Review Limits In Singapore

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    The Singapore International Commercial Court's recent decision to dismiss an application for supervisory relief from a Singapore International Arbitration Centre final costs award illustrates the limits of converting adverse financial consequences into public policy objections, even where the commercial result is severe, says Josep Galvez at 4-5 Gray's Inn.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

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