Commercial Contracts

  • September 30, 2026

    Valve Order Allows 15K Antitrust Arbitrations To Be Closed

    A federal judge in Seattle refused Wednesday to issue a preliminary injunction to curb the closure of nearly 15,000 gamers' antitrust arbitrations against entertainment giant Valve Corp., finding that plaintiff Jeffrey Smith failed to show that closing the arbitrations would cause irreparable harm.

  • September 30, 2026

    Baker Donelson Gets 2nd Chance To Toss Malpractice Suit

    A Florida state appeals court reversed an order denying law firm Baker Donelson's bid to escape a construction company's malpractice lawsuit alleging it relied on bad legal advice, saying Wednesday the lower court must first determine if any misconduct occurred in the Sunshine State. 

  • September 30, 2026

    Delta Concealed Noncompetes, Wash. Class Action Claims

    Delta Air Lines Inc. broke Washington state law by failing to disclose the terms of its noncompetition restrictions to job applicants before they accepted employment, a worker has claimed in a proposed class action filed in King County Superior Court.

  • September 30, 2026

    Email Feud Tied To Brothers' Cannabis Venture Heads To Trial

    A contentious legal battle between a pair of siblings who once co-owned cannabis businesses is heading to trial, a Michigan federal judge said Wednesday, ruling that there are genuine questions about one brother's downloading of the other's emails that require a jury trial to resolve.

  • September 30, 2026

    Military Drone Makers' Trade Secrets Suit Survives Dismissal

    A Utah federal judge has allowed two military drone companies to proceed with most of their lawsuit accusing a former executive and his new company of misappropriating trade secrets to compete in the military drone market.

  • September 30, 2026

    PR Rebar Cos. Can't Duck Price-Fixing Claims

    A Puerto Rico federal judge refused Wednesday to let steel rebar companies and one of their executives duck price-fixing claims from construction companies and consumers, citing instant messages discussing the alleged scheme and rejecting arguments that the island hasn't expressly allowed antitrust allegations from indirect buyers.

  • September 30, 2026

    Joby Air Taxi Trade Secrets Suit Against Archer Trimmed

    A California federal judge has cleared Joby Aviation to advance a slimmed-down lawsuit alleging rival electric air-taxi developer Archer Aviation misappropriated its trade secrets, but again rejected Archer's counterclaims alleging Joby unfairly jockeyed for government contracts and concealed its pervasive China ties.

  • September 30, 2026

    FTC Asks Texas Court To Keep Trans Health Suit Intact

    The Federal Trade Commission asked a Texas federal court to keep intact its lawsuit against World Professional Association for Transgender Health, saying Tuesday that it adequately pled that the organization published medically dubious, self-serving trans guidelines that push "dangerous and experimental treatments."

  • September 30, 2026

    NC City Public Housing Chief Loses Race Bias Suit

    A North Carolina federal judge tossed a race discrimination and breach of contract suit lawsuit filed by the former chief executive officer of a city's public housing authority, holding that she failed to allege that her rights were violated by a municipal policy.

  • September 30, 2026

    11th Circ. Skeptical Of PACE Lenders' CFPB Rule Challenge

    An Eleventh Circuit panel on Wednesday appeared poised to reject an industry challenge to Biden-era Consumer Financial Protection Bureau rules for providers of property-assessed clean-energy loans, repeatedly questioning claims that the agency overstepped its authority.

  • September 30, 2026

    Pharma Co. Says Mass. Plant Hid FDA Sterility Concerns

    A North Carolina pharmaceutical company says in a complaint filed Wednesday in Massachusetts state court that the company it hired to package a drug for clinical trials involving young children intentionally downplayed a U.S. Food and Drug Administration inspection that flagged multiple contamination issues.

  • September 30, 2026

    T-Mobile Users' Rate Hike Class Claims Sent To Arbitration

    Consumers in a proposed class action against T-Mobile over alleged wireless plan rate hikes must arbitrate their claims individually, a Washington federal judge said Tuesday, agreeing with the company the customers consented to an arbitration pact by continuing to use and pay for service after receiving notice of updated terms.

  • September 30, 2026

    Mallinckrodt Must Face Painkiller Contract Breach Claims

    A Pennsylvania federal judge maintained a drugmaker's contract violation claims against a pharmaceutical ingredient company for allegedly failing to provide the materials needed to make two kinds of painkillers, but held that the drugmaker's claims of market monopolization fell short.

  • September 30, 2026

    Rapper Rick Ross Sued For Being A No-Show At NC Concerts

    A concert production company has accused rapper Rick Ross of bailing at the last minute on two concerts in North Carolina during his anniversary tour, allegedly causing hundreds of thousands of dollars in losses in the form of ticket refunds and cancellation fees.

  • September 30, 2026

    College Sports Overhaul Still Uncertain Despite Senate Lift

    A yearslong effort to comprehensively regulate college sports surged ahead this week with the U.S. Senate's easy approval of bipartisan legislation, but lingering concerns about the bill's NCAA antitrust shield and other fraught policy fights are clouding its future.

  • September 30, 2026

    Ex-BDO Partner Says Board Retaliated With Equity Cut

    A former BDO USA partner urged the Delaware Supreme Court on Wednesday to revive claims that the accounting firm improperly stripped him of equity after he announced plans to retire, arguing that even broad contractual discretion cannot be used in bad faith or retaliation.

  • September 30, 2026

    Goldman, JPMorgan Beat CDS Rigging Suit For Now

    A New Mexico federal court has tossed older claims from a proposed class action accusing JPMorgan, Goldman Sachs and other large banks of conspiring to rig credit default swap auctions, after a New York court ruled on a claims release issue involving a settlement in a related decade-old antitrust case.

  • September 29, 2026

    Commodities Firm Looks To Nix $22M Soybean Award Suits

    A Swiss commodities firm has asked a Florida federal court to toss litigation filed by a U.S. logistics company to enforce a $22 million arbitral award stemming from a soybean meal purchase dispute, calling the suit improper in light of ongoing litigation in England.

  • September 29, 2026

    Ohio Law Firm Beats $10M Loan Fraud Malpractice Suit Again

    An Ohio law firm has escaped a legal malpractice suit, with an Ohio federal judge ruling that a real estate firm offered no evidence that it could have collected damages for a failed $10 million loan absent counsel's alleged negligence.

  • September 29, 2026

    X Corp. Says Crypto Gambling Company Bribed X Employees

    X Corp. told a Texas federal court that a company behind two controversial crypto gambling websites, which allegedly bribed X employees, cannot arbitrate claims that X unfairly removed their access to its website.

  • September 29, 2026

    Call Center Claims No Ties To NC In ADT Wrong-Number Suit

    The operator of a third-party call center asked Tuesday for an early exit from ADT Security Corp.'s lawsuit alleging the operator helped facilitate a predatory telemarketing scheme, saying it lacks sufficient ties to be dragged into court in North Carolina.

  • September 29, 2026

    Del. Chancery Rejects Saama Founder's $68M Earnout Bid

    The Delaware Chancery Court has rejected a bid from Saama Technologies founder Suresh Katta for a $67.5 million earnout tied to Carlyle Group's 2021 investment in the clinical data company and ordered him to pay Saama about $7.3 million, finding that he acted in bad faith by pushing contracts that damaged the business to maximize the payout.

  • September 29, 2026

    Disney's Antitrust Case Against InterDigital Paused

    InterDigital has convinced a Delaware federal judge to press pause on a lawsuit brought by Disney accusing the technology development company of refusing to offer reasonable licenses on patents for video streaming.

  • September 29, 2026

    Texas Biz Court Pares Southwest Union's Boeing Suit

    A Texas Business Court judge pared back the scope of claims brought by the pilots union for Southwest Airlines against The Boeing Co. after regulators grounded the 737 Max aircraft, saying Monday that the pilots can recover only direct damages, not damages from secondary injuries.

  • September 29, 2026

    Cloud Fails To Upend Revvity's $4.5M Fee, Contract Win

    A Massachusetts intermediate appellate court on Tuesday affirmed a lower court's finding that Cloud Software Group LLC wrongly used a "sham audit" to justify terminating a long-term partnership with another software company in order to poach its customers.

Expert Analysis

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • Assessing Material Adverse Event Clauses Amid Iran Conflict

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    As deals signed before the current Middle East conflict come under pressure, determinations over material adverse effect clauses are arising in real time, and whether an MAE has been wrongfully invoked may be as consequential as whether it was validly established in the first place, say Amran Nawaz and Ralph Stobwasser at Secretariat.

  • Navigating Insurance And Contract Risks Amid Hormuz Crisis

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    The Strait of Hormuz has become a legal choke point where contractual obligations, insurance coverage and international law intersect, underscoring for maritime lawyers the importance of proactive contract drafting, rigorous policy review and close engagement with clients, say attorneys at Holland & Knight.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

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