Commercial Contracts

  • August 13, 2026

    'Jump Must Litigate': 7th Circ. Clarifies Arb. Enforcement Rule

    The Seventh Circuit rejected trading firm Jump Trading LLC's bid to arbitrate a putative securities class action Thursday, finding that courts, not arbitrators, must decide whether disputes belong in arbitration when the parties haven't signed an arbitration agreement, furthering a circuit split and holding that "Jump must litigate."

  • August 13, 2026

    'Anticompetitive Friction': Google Must Fix App Store Search

    A California federal judge Thursday ordered Google LLC to streamline the steps for Android users to find rival app stores as part of his court-ordered remedies in antitrust litigation won by Epic Games Inc. against Google, saying the current user process includes "anti-competitive friction" to discourage competition.

  • August 13, 2026

    BNY Should Face Stanford Ponzi Suit In NJ, Judge Says

    A Texas federal judge recommended that a class action alleging the Bank of New York Mellon's involvement in R. Allen Stanford's Ponzi scheme be removed to New Jersey, saying the claims do not belong within the wider multidistrict litigation.

  • August 13, 2026

    Webuild Pushes For Pause In Suit Seeking $140M Arbitral Award

    Italian construction giant Webuild on Wednesday urged a Delaware federal court to pause a Chilean construction company's lawsuit aimed at enforcing a $140 million arbitral award as Webuild looks to challenge an "unprecedented" Third Circuit decision reviving the litigation.

  • August 13, 2026

    Bristol-Myers Can't Duck UMB Suit Targeting Drug Approvals

    The Second Circuit on Thursday revived UMB Bank's suit alleging Bristol-Myers Squibb's slow-walking of the drug approval process caused investors to miss out on billions of dollars, rejecting the pharmaceutical giant's contention that the bank lacked standing to sue.

  • August 13, 2026

    9th Circ. Revives $140M Robo-Surgery Antitrust Case

    The Ninth Circuit on Thursday revived a surgical instrument repair company's antitrust suit accusing the makers of the da Vinci surgical robot of illegally blocking third parties from repairing its instruments, ruling that a district judge erred in applying the U.S. Supreme Court's Kodak factors to the dispute.

  • August 13, 2026

    Texas Appeals Court Flips $34M Verdict In Hospital Suit

    A Texas appeals court wiped out a $34 million verdict against a healthcare company Thursday, saying the trial court interpreted the parties' contract incorrectly and the company did not breach its agreement with a private orthopedic practice group.

  • August 13, 2026

    Kalshi Must Suspend Most Wash. Offerings, Install Geofencing

    A Washington state court judge has blocked Kalshi from offering event contracts to state residents in most of its prediction market categories while the attorney general's legal challenge unfolds, setting deadlines for the platform to institute location-based geofencing, while spurning the company's bid to maintain operations pending appeal.

  • August 13, 2026

    Festival Director Must Face Suit Over Drakeo's Killing

    The festival director of a concert where rapper Drakeo the Ruler was killed backstage cannot escape a consolidated wrongful death suit brought by the artist's family and associates, with a Los Angeles judge ruling Thursday that a triable issue of material fact remains regarding the entity's role at the event.

  • August 13, 2026

    3rd Circ. Upholds Dismissal Of Lipitor Pay-To-Delay Case

    The Third Circuit on Thursday backed the dismissal of an antitrust suit alleging Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay the market entry of a generic version of the cholesterol drug Lipitor, ruling that the plaintiffs lacked standing.

  • August 13, 2026

    7 States Urge Feds To Reject $85B UP, Norfolk Southern Deal

    Seven state attorneys general are urging the federal Surface Transportation Board to reject the planned $85 billion merger between Union Pacific Corp. and Norfolk Southern Corp., saying the rail giants have not shown how the deal would serve the public interest.

  • August 13, 2026

    Cheer Competition Organizers Settle Antitrust Fight

    Cheerleading competition organizers at odds with the U.S. All Star Federation Inc. have told a Texas federal court they've reached a settlement to resolve all pending antitrust claims they asserted against the governing body.

  • August 13, 2026

    DirecTV Says Nexstar Suit Discovery Damning But Incomplete

    DirecTV says documents produced by Nexstar Media Group and the two companies accused of conspiring with the massive multimedia conglomerate to fix prices for retransmission fees already show that collusion was happening, but Nexstar is dragging its feet on producing the rest.

  • August 13, 2026

    DOJ Backs X Corp.'s 5th Circ. Advertiser Boycott Appeal

    The U.S. Justice Department backed X Corp. on Wednesday by arguing in a Fifth Circuit amicus brief that a Texas federal judge botched the antitrust injury analysis when tossing a lawsuit accusing Mars, CVS, Nestle, Lego, Tyson Foods and other advertisers of agreeing to boycott the social media platform after Elon Musk's purchase.

  • August 13, 2026

    Davis Polk Sues Power Co. Ex-Clients Over $3.2M Fees

    Davis Polk & Wardwell LLP is pursuing New York state court claims against former energy company clients, accusing them of abruptly ceasing payments and failing to pay $3.2 million in fees accrued amid an underlying contract dispute.

  • August 13, 2026

    NC Biz Court Bulletin: Judges Retire, HCA Suit Heads To Trial

    The North Carolina Business Court dropped a host of heavy-hitting opinions in July ahead of two judicial retirements and a new chief judge rising in the ranks.

  • August 12, 2026

    DC Court Says Firms' Fee Arbitration Pact Wasn't Coerced

    An appeals court has affirmed an arbitral award issuing a Washington, D.C., law firm zero fees in connection with efforts by defense contractor Wye Oak Technology Inc. to enforce a $120 million judgment against Iraq, rejecting the firm's argument that an underlying fee deal was coerced.

  • August 12, 2026

    ITC Judge Finds Asus Infringed Netgear Wi-Fi Patent Claims

    An administrative law judge for the U.S. International Trade Commission made an initial finding that Taiwanese electronics manufacturer Asus and another Wi-Fi device seller infringed claims in a couple of patents licensed to Netgear. 

  • August 12, 2026

    Norwegian Air Affiliates Seek Boeing Exec Depo In 737 Case

    Norwegian Air subsidiaries that claim Boeing duped them into a 737 Max deal by overstating the jets' safety urged a Washington federal judge Tuesday to order the deposition of a former Boeing executive, contending he has unique insight into information shared with top corporate leaders during the aircraft's development.

  • August 12, 2026

    Texas Medical Board Says AG Can't Get In On Malpractice Suit

    The Texas Medical Board told a state court judge that the Texas Office of the Attorney General could not represent a doctor who tried to treat a COVID-19 patient with ivermectin, saying the office flouted ethics rules by first representing the board and then representing the doctor.

  • August 12, 2026

    Sprint Can't Shake Cogent's $24M Fiber Contract Claims

    The Delaware Chancery Court has refused to dismiss Cogent Infrastructure LLC's contract claims against Sprint over a disputed fiber optic network deal, finding that an accounting firm's earlier decision on a roughly $24 million purchase price adjustment does not block Cogent from pursuing broader claims that Sprint misrepresented the nature of the fiber arrangement.

  • August 12, 2026

    Moving Co. Says Chubb Owes Coverage For Employee Theft

    A moving company said its insurer wrongfully refused to cover a loss resulting from a former manager's fabrication of time sheets for an independent contractor in exchange for kickbacks, telling a Washington state court that the scheme triggered its policy's $2 million employee theft coverage.

  • August 12, 2026

    Insurer Says Property Owner's Hail Claim Lacks Proof

    An insurer says a property owner's request that a Tennessee federal court declare that its building was damaged in a "significant weather event" improperly asks the court to rule on competing expert opinions on the storm's severity, rather than any legal claims in the $10 million coverage dispute.

  • August 12, 2026

    'Donnie Darko' Producer Sues Over Profits, Sequel Rights

    Film producer Adam Fields sued two companies that own the rights to "Donnie Darko" in California state court, alleging they have reported negative profits for the cult classic and have denied him his contractual rights to participate in a sequel.

  • August 12, 2026

    BakerHostetler Faces Possible RICO Claim From Ex-Client

    A trustee who has accused BakerHostetler and an Atlanta-based attorney of legal malpractice has asked a Georgia federal court to allow him to accuse the former de facto general counsel and business adviser of a nonprofit of violating the Georgia RICO Act.

Expert Analysis

  • Disney's OpenAI Deal Could Be Turning Point In IP Licensing

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    The Disney-OpenAI agreement last month is less an anomaly than an early attempt to define what licensed generative use of entertainment intellectual property looks like in practice, including how artificial intelligence user-generated content is permitted without eroding ownership and control, says Alex Locke at Meister Seelig.

  • Series

    Judges On AI: How Courts Can Boost Access To Justice

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    Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.

  • Opinion

    The Case For Emulating, Not Dividing, The Ninth Circuit

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    Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.

  • Series

    Muay Thai Makes Me A Better Lawyer

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    Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.

  • Series

    Law School's Missed Lessons: Intentional Career-Building

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    A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.

  • Reviewing 2025's Artificial Intelligence Disputes Over IP

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    2025 brought the first major fair use rulings involving generative artificial intelligence, and in 2026 courts will weigh in on more discovery disputes, renewed motions to dismiss, class certification challenges and fair use defenses that could shape the course of future AI litigation, say attorneys at Debevoise.

  • 4 Developments That Defined The 2025 Ethics Landscape

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    The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.

  • Navigating AI In The Legal Industry

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    As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.

  • Nuclear Power Pitfalls And Opportunities To Watch For In 2026

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    Shepherding nuclear power projects to completion requires navigating more risks and obligations than almost any other infrastructure undertaking, but with the right strategies, states, developers, vendors and contractors can overcome these hurdles in 2026 and beyond, say attorneys at Squire Patton.

  • 2025 Calif. Banking Oversight Centered On Consumer Issues

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    The combination of statutory reform, registration mandates and enforcement activity in 2025 signals that California's financial regulatory landscape is focused on consumer protection, particularly in the areas of crypto kiosk fee practices, earned wage access providers and elder fraud, say attorneys at Ropes & Gray.

  • How Fractional GCs Can Manage Risks Of Engagement

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    As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.

  • Series

    Nature Photography Makes Me A Better Lawyer

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    Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.

  • Series

    Law School's Missed Lessons: Practical Problem Solving

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    Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.

  • How Workforce, Tech Will Affect 2026 Construction Landscape

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    As the construction industry's center of gravity shifts from traditional commercial work to infrastructure, energy, industrial and data-hosting facilities, the effects of evolving technology and persistent labor shortages are reshaping real estate dealmaking, immigration policy debates and government contracting risk, say attorneys at Cozen O'Connor.

  • Contract Disputes Recap: Delay, Plain Text, Sovereign Acts

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    Three recent decisions addressing familiar pressure points show that even well-worn doctrines evolve, and both contractors and the government should reexamine their assumptions, says Zachary Jacobson at Seyfarth.

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