Commercial Contracts

  • September 21, 2026

    $1.35M Class Deal Reached Over Botched Calif. Bar Exam

    Takers of the February 2025 California bar exam that was marred by technical failures have agreed to settle their proposed class action against the proctor for $1.35 million, while the company also agreed to complete quality checks before proctoring future bar examinations, according to a motion seeking preliminary approval in federal court.

  • September 21, 2026

    Willkie Hires Ex-Gibson Dunn Energy Pro In Paris

    Willkie Farr & Gallagher LLP has picked ex-Gibson Dunn & Crutcher LLP attorney Pauline Portos for an energy and infrastructure-focused partner role in its Paris office, the firm announced.

  • September 21, 2026

    NJ Firm Says Communications Off-Limits In Defamation Case

    Investigative firm Black Cube has pushed back against a gambling technology company's bid to vacate a special adjudicator's denial of discovery into certain communications between Black Cube and law firm Calcagni & Kanefsky LLP, arguing the bid doesn't satisfy the discovery standard under New Jersey's anti-SLAPP law.

  • September 21, 2026

    Insurer Beats Auto Parts Co.'s $50M COVID-19 Coverage Bid

    A North Carolina federal court permanently tossed an auto parts manufacturer's suit seeking $50 million in coverage for COVID-19 losses, saying the manufacturer failed to show that access to any of its insured facilities was limited due to the actual presence of a communicable disease.

  • September 21, 2026

    Crypto Firm, Ga. Investor Reach Deal To End Fraud Suit

    An investor has agreed to end her lawsuit accusing a Texas-based crypto investment company of letting her funds get caught up in a fraudulent scheme to funnel money to foreign countries, according to a filing in Georgia federal court.

  • September 21, 2026

    Clippers Tap BigLaw Vet To Fill In For Suspended Owner

    The Los Angeles Clippers on Monday named veteran corporate litigator John S. Gibson as the team's interim CEO and governor while team owner Steve Ballmer serves a one-year suspension for violating the NBA's salary cap rules.

  • September 21, 2026

    2nd Circ. Gives Ex-LVMH Atty A New Shot At Retaliation Case

    The Second Circuit on Monday reinstated retaliation claims brought by a former LVMH attorney who alleged that the French luxury brand fired her for reporting sexual misconduct, concluding that her refusal to engage in settlement discussions could constitute legally protected activity.

  • September 21, 2026

    Kraft Heinz Says Insurers Won't Cover Processed Food Suits

    Chubb units and Liberty Mutual are wrongfully refusing to cover Kraft Heinz's defense costs for several lawsuits blaming the food company's "ultra-processed foods" for consumers' diabetes or fatty liver disease diagnoses, costing the company millions of dollars, Kraft Heinz said in a Pennsylvania state court complaint.

  • September 18, 2026

    Lilly Left Nektar Drug 'Damaged Goods,' Jury Told At Trial End

    Eli Lilly & Co. turned Nektar Therapeutics' autoimmune-disease drug Rezpeg into "damaged goods" by breaching the companies' co-development deal and delaying the medication's development in favor of a competing drug the pharma giant subsequently acquired, Nektar's counsel told a California federal jury during closing arguments Friday in the $1 billion case.

  • September 18, 2026

    Cannabis Tech Co. Says Ex-Workers Stole IP For New Venture

    Cannabis marketing company Alpine IQ Inc. and its chief executive are countersuing two former employees, accusing them of stealing code to build a competing product and urging a federal judge not to let them avoid claims they infringed the company's copyright.

  • September 18, 2026

    Gerber Can't Trim Antitrust Claims Over Perrigo Factory Sale

    A New York federal court on Friday rejected Gerber's bid to trim a baby-formula packager's antitrust lawsuit against the Nestle-owned company, finding that the packager sufficiently alleged Gerber recently sold its infant-formula factory to Perrigo to entrench Perrigo's market power "at the expense of potential competitors."

  • September 18, 2026

    Gaming Record Label Sues Rival Over YouTube Takedowns

    Video-game music record label GameChops launched a lawsuit in Washington federal court Friday accusing a Washington-based competitor of a campaign to force it to accept "unjustified and unreasonable demands," primarily by flagging its YouTube videos for takedown based on fabricated copyright concerns.

  • September 18, 2026

    McGraw-Hill Can't Exit Authors' Textbook Royalty Suit

    A Manhattan federal judge has refused to grant publisher McGraw-Hill a win in litigation brought by textbook authors over book royalties, ruling that a reasonable jury could conclude there was a breach of a section of their publishing agreements.

  • September 18, 2026

    Texas Oil Exec Asks 5th Circ. To Ax 'Lopsided' $210M Verdict

    Exxon-acquired company InterOil's founder has urged the Fifth Circuit to reverse his $210 million loss in a lengthy Texas battle with a Swiss financier, arguing it resulted from a "lopsided" trial with sleeping and distracted jurors and a "cascading series of prejudicial errors" that wrongly allowed his ex-lawyer to testify.

  • September 18, 2026

    Ex-Animal Rescue Dir. Owes $975K In TM Feud, Judge Says

    A Pennsylvania federal judge has awarded animal shelter and rescue Last Chance Ranch a $975,000 judgment against its former director, saying the cyberpiracy and trademark infringement merited damages and attorney fees.

  • September 18, 2026

    Kalshi Loses Bid To Lift Wash. Event Contracts Ban

    Kalshi can't lift an injunction currently barring its operations in Washington, a King County Superior Court judge ruled, denying the prediction market's request to reconsider an August order blocking the company from offering most event contracts to state residents.

  • September 18, 2026

    Oppenheimer Customers Win Final Approval For $70M Deal

    A New York federal judge on Friday granted final approval to a $70 million settlement between Oppenheimer & Co. and a class of customers that resolves claims that the investment bank pocketed hefty fees from its cash sweep account program while paying customers "unreasonable, below-market interest rates."

  • September 18, 2026

    Insurers Seek To Toss $6M Mill Coverage Fight

    Insurers urged a Colorado state judge to toss a flour processor's claims over coverage for equipment destroyed in a Texas mill explosion, saying a roughly $6 million coverage fight does not support bad faith claims after insurers paid nearly $44 million toward the loss.

  • September 18, 2026

    Fla. Panel Upholds $1.19M Auto Crash Verdict Against Insurer

    A Florida state appellate court on Friday issued a split opinion upholding a $1.19 million noneconomic damages verdict for a woman injured by an uninsured motorist, but reversed a $230,000 award for future medical expenses after finding most of that amount was based on speculation. 

  • September 18, 2026

    OpenAI Can't See SpaceXAI, Apple Antitrust Settlement Terms

    OpenAI cannot access a confidential settlement between Elon Musk's SpaceXAI and Apple Inc. over SpaceXAI's antitrust lawsuit challenging Apple's integration of OpenAI's ChatGPT into its devices, a Texas federal court has ruled, finding the settlement isn't relevant to the case against OpenAI.

  • September 18, 2026

    Transpo Tracker: Amazon Crash Suits, Md. Bridge Claims Trimmed

    In our latest Law360 Transportation Tracker, a deadly runway crash of an Amazon cargo plane has sparked a series of negligence and wrongful death lawsuits, while California scored two injunctions blocking the Trump administration's efforts to wipe out the state's Clean Air Act waivers. 

  • September 18, 2026

    NJ Justices Say No To Mass Tort For No Surprises Act Suits

    The New Jersey Supreme Court has rejected an application from five health insurers to designate 160 pending cases seeking the enforcement of alleged independent dispute resolution payment determinations issued under the federal No Surprises Act as multicounty litigation.

  • September 18, 2026

    Universal, Sony Expand IP Battle With AI Music Startup

    Sony Music Entertainment and Universal Music Group launched a new suit against artificial intelligence company Suno Inc. on Friday after they discovered "millions" of copyrighted songs in the training data for an AI song generator, but were not permitted by a judge to add the works to an existing lawsuit.

  • September 18, 2026

    NY Surgeons Say Elevance Penalty Policy Is Anticompetitive

    A practice group for independent neurosurgeons lobbed an antitrust suit against Elevance Health Inc. in New York federal court alleging the insurer is impeding their ability to compete for patients by threatening to financially penalize and terminate in-network facilities that work with them.

  • September 18, 2026

    Bungled Injury Settlement Cost Insurer $3.7M, NC Suit Says

    An insurer says a third-party claims administrator owes $3.7 million for an underlying personal injury settlement after the administrator allegedly failed to tender a settlement offer in time that would have been within the insured's policy limits.

Expert Analysis

  • A Framework For Volume Dispute Damages In Oil, Gas M&A

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    With every major upstream oil and gas consolidation in recent years having resulted in minimum volume commitment disputes, experts testifying in such litigation must use a five-step framework for calculating lost profits that accounts for the option structure embedded in the contract, says Robert Foss at Hinds Feat Advisors.

  • 8 Ways 2026's Market Divide Is Rewriting Real Estate Risk

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    As construction activity increasingly concentrates in data centers, healthcare and other resilient sectors, real estate developers and their counsel in the second half of 2026 should consider earlier risk allocation and more protective contract terms, and expect greater pressure on labor, pricing and infrastructure, say attorneys at Cozen O'Connor.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • 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.

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