Commercial Contracts

  • 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.

  • September 01, 2026

    Parler Ouster Talk Was 'Reaction' To Bad CEO, Jury Told

    Billionaire Rebekah Mercer testified Tuesday that her team's strategizing about getting rid of Parler's then-CEO was simply "reacting" to his poor performance, even before the Jan. 6 insurrection sent the social media app "to hell in a handbasket."

  • September 01, 2026

    Securitas Can't Arbitrate Wage Class Action, Wash. Panel Says

    A former Securitas worker's proposed wage-and-hour class action against the guard service will move forward following a Washington appeals panel's ruling Monday that upheld a lower court's rejection of the company's bid to force the ex-employee into arbitration.

  • September 01, 2026

    Meta AI Glasses Privacy Suit Expands To Add Bystander Class

    Dozens of consumers are joining forces to sue Meta Platforms over allegations that the tech giant surreptitiously stores private videos captured by its "smart" glasses to train its artificial intelligence models, adding claims on behalf of bystanders who never agreed to be recorded, let alone used for training.

  • September 01, 2026

    High Court Should Skip Ruby Tuesday Benefits Suit, SG Says

    The U.S. solicitor general has urged the Supreme Court to decline to consider a suit from former Ruby Tuesday executives alleging Regions Bank inadequately protected their retirement plan benefits that were liquidated in bankruptcy, saying the "idiosyncratic" nature of the dispute makes it a poor candidate for high court review.

  • September 01, 2026

    Crypto Investment Firm Accused Of Fraud Must Face Ga. Suit

    A Texas-based crypto investment company can't dodge a fraud suit brought against it in Georgia federal court, after a judge said the suit shows the firm and its management transacted business in the Peach State and used a business dinner in Atlanta to tout their offerings.

  • September 01, 2026

    Patent Owner Urges Fed. Circ. To Rethink Marking Decision

    A patent licensing company has urged the Federal Circuit to reconsider its ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages, saying the holding flouts the law and creates risks for patent owners.

  • September 01, 2026

    Aiolos Seeks To Block Mass. Suit Over $1B GSK Deal

    Aiolos Bio Inc. and two of its founders have asked the Delaware Chancery Court to stop a former Tier1 Bio Inc. stockholder from pursuing a Massachusetts lawsuit over Tier1's 2023 dissolution and Aiolos' later $1 billion sale to GlaxoSmithKline LLC, arguing he agreed to litigate such corporate disputes exclusively in Delaware.

  • September 01, 2026

    Northwest MLS Settles Compass' Listing Rules Antitrust Suit

    Northwest Multiple Listing Service and Compass Inc. have reached a settlement ending Compass' antitrust lawsuit targeting Northwest MLS' policy requiring brokerages to list all properties on its platform before marketing them elsewhere, with the listing service announcing Monday that it will introduce a new "first look" status as part of the deal.

  • September 01, 2026

    Hotel Cos. Owe For Stalled Arbitration Costs, Fla. Judge Says

    A Florida federal judge denied a request by two Spanish companies to avoid interest on an arbitration award involving missed rental payments to a Panamanian hotel-casino operator during the COVID-19 pandemic, finding there was a "case or controversy" even though costs were paid more than a year after the proceeding ended.

  • September 01, 2026

    Judge Trims Gospel Singer's Claims In Contract Fight

    A Georgia federal judge has trimmed claims brought by a gospel musician who sued his business manager and record label, claiming that his copyright interests were stolen and he was deprived of royalties.

  • September 01, 2026

    NC Resort Community Members Accuse HOA Of Self-Dealing

    Members of an owners association for a North Carolina resort community claim the complex's owner has diverted at least $25,000 from the governing body in a scheme that inflated budgets for landscaping and trash pickup to hide the self-dealing.

  • September 01, 2026

    Image Search Technology Raises New Copyright Questions

    Technology that can uncover decade-old online images is testing the practical limits of copyright’s discovery rule, as courts weigh reasonable diligence against the reality that sophisticated search tools still miss infringement and defendants may no longer possess records proving authorization.

  • September 01, 2026

    NJ College Absolved Of Gender Bias For Not Reinstating Prof

    A New Jersey federal jury sided with The College of New Jersey over a professor who alleged the college's finance department was run like an old boys' club, finding the college did not discriminate or retaliate against the professor over her reappointment.

  • September 01, 2026

    5th Circ. Judge Hints Court Order With AI Errors Can't Stand

    A Fifth Circuit judge wanted to know why a panel should keep intact a court order blocking an anti-DEI Mississippi law that contained artificial intelligence hallucinations, asking whether the judges could confidently find that made-up citations did not ultimately sway the district court's decision.

  • August 31, 2026

    Perrigo Settles Antitrust Suits Over Baby Formula Market

    Perrigo settled a couple of lawsuits filed in New York federal court that accused the company of cutting an anti-competitive agreement with Gerber to maintain a monopoly in the store-brand infant formula market, according to a letter filed Monday in a Brooklyn court.

  • August 31, 2026

    Valve's 15K Antitrust Arbitrations Will Stay On Ice, Judge Says

    Arbitrations between gaming giant Valve Corp. and nearly 15,000 gamers will remain paused as the Ninth Circuit weighs whether the antitrust disputes are eligible for arbitration under the company's updated subscriber terms, according to a bench ruling Monday from a Seattle federal judge.

  • August 31, 2026

    Texas Court Sends Oxy Carbon Capture Claims To Arbitration

    A Texas appellate court has revived Occidental Petroleum's attempt to arbitrate a multimillion-dollar dispute stemming from a project to deploy a technology aimed at reducing greenhouse gases in Australia, saying a tribunal in British Columbia must decide for itself whether it has jurisdiction.

  • August 31, 2026

    Parler Backers Hijacked Social Media Co. From CEO, Jury Told

    Stakeholders of defunct microblogging app Parler, including hedge fund scion Rebekah Mercer and former deputy FBI director Dan Bongino, allegedly schemed to strip the social app's cofounder of his CEO role and his 40% stake, a Nevada jury heard in opening arguments in a $100 million contract trial Monday.

  • August 31, 2026

    9th Circ. Won't Rehear Eye Drop Antitrust Suit Despite Dissent

    A forceful dissent from a pair of Ninth Circuit judges wasn't enough to keep the full appellate court from letting stand a panel decision preserving wholesalers' district court win accusing the maker of Clear Eyes drops of illegal price discrimination favoring Costco.

  • August 31, 2026

    FTC, AGs Say Amazon Pocketed $20B With Fraudulent Auctions

    The Federal Trade Commission and a bipartisan coalition of 22 states sued Amazon Monday, alleging it secretly overcharged advertising customers more than $20 billion by manipulating how it set prices for ads on its e-commerce website.

  • August 31, 2026

    Judge Trims Claims In Insurance Software Trade Secret Case

    A federal judge in Chicago on Monday issued a mixed ruling in a case brought by a company that makes insurance agency management software against a rival that it claims created a fake insurance company to steal trade secrets, dismissing some claims but preserving others for trade secret misappropriation and violations of the Computer Fraud and Abuse Act.

Expert Analysis

  • 3 Key Ohio Financial Services Developments From 2025

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    Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.

  • AI Licensing Suit Exhibits Pitfalls Of Vague Contract Terms

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    Fastcase Inc. v. Alexi Technologies, a case in District of Columbia federal court, demonstrates the potential consequences of vaguely drafted contract terms amid unforeseen technological advances, but there is practical guidance parties may employ to mitigate the potential for similar contract disputes, say attorneys at Baker Botts.

  • Series

    Playing Tennis Makes Me A Better Lawyer

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    An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

  • Class Actions At The Circuit Courts: January Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five rulings from October and November, and identifies practice tips from cases involving consumer fraud, oil and gas leases, toxic torts, and wage and hour issues.

  • Series

    Judges On AI: How Judicial Use Informs Guardrails

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    U.S. Magistrate Judge Maritza Dominguez Braswell at the U.S. District Court for the District of Colorado discusses why having a sense of how generative AI tools behave, where they add value, where they introduce risk and how they are reshaping the practice of law is key for today's judges.

  • Navigating Battery Validation Risk In The EV Supply Chain

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    Vehicle electrification has moved battery system supply chains from a background component into the center of the automotive universe — and for legal teams, battery validation is now a driver of contractual disputes, regulatory exposure and even shareholder litigation, say Samuel Madden at Secretariat Advisors and Vanessa Miller at Foley & Lardner.

  • Series

    Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

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    My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

  • Series

    Law School's Missed Lessons: How To Start A Law Firm

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    Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

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    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

  • Navigating Privilege Law Patchwork In Dual-Purpose Comms

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    Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

  • Series

    Fly-Fishing Makes Me A Better Lawyer

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    Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.

  • 4 Ways GCs Can Manage Growing Service Of Process Volume

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    As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.

  • Series

    The Law Firm Merger Diaries: Forming Measurable Ties

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    Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.

  • Wrangling Over 'Good Faith' In Texas Commodity Contracts

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    As winter storm season brings fluctuating natural gas prices and ensuing price disputes, parties to gas and other commodity contracts face a question with few answers in Texas case law: how much buyers or sellers can reduce contractual requirements or outputs on a good faith basis, say attorneys at Jackson Walker.

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