Commercial Contracts

  • August 14, 2026

    FBT Gibbons Adds Wells Fargo Senior Litigator In Calif.

    FBT Gibbons LLP has grown its financial services and litigation capabilities in California with the addition of a litigator who previously worked in-house at Wells Fargo and Charles Schwab.

  • 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.

Expert Analysis

  • 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.

  • Opinion

    A Uniform Federal Rule Would Curb Gen AI Missteps In Court

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    To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.

  • Series

    The Law Firm Merger Diaries: Integrating Practice Groups

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    Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.

  • Opinion

    Supreme Court Term Limits Would Carry Hidden Risk

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    While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

  • Series

    Knitting Makes Me A Better Lawyer

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    Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.

  • The Hidden Pitfalls Of Letters Of Credit In Lease Negotiations

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    Amid a surge in commercial office leasing driven by artificial intelligence firms, it's crucial for landlords to be aware of the potential downside of accepting letters of credit — in particular, for amounts of security that are less than the statutory bankruptcy claim cap, say attorneys at Allen Matkins.

  • Series

    The Biz Court Digest: Welcome To Miami

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    After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

  • What Law Firm Liability Risks In 2025 Signal For Year To Come

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    Trends and statistics reveal that law firms of all sizes and practice areas remained attractive litigation targets this year, so firms must take concrete steps to avoid professional liability risks in the year to come, say Douglas Richmond and Andrew Ricke at Lockton Companies.

  • 1st-Of-Its-Kind NIL Claim Raises Liability Coverage Questions

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    The University of Georgia Athletic Association recently sought to compel arbitration against former UGA football player Damon Wilson in a first-of-its-kind legal action for breach of a name, image and likeness contract, highlighting questions around student-athlete employment classification and professional liability insurance coverage, says Sarah Abrams at Baleen Specialty.

  • AI Evidence Rule Tweaks Encourage Judicial Guardrails

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    Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

  • Where Things Stand At The CFPB As Funding Dries Up

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    The Consumer Financial Protection Bureau is on pace to run out of funding in the new year, threatening current and future rulemaking efforts, but a rapid series of recent actions still carries significant implications for regulated entities and warrants careful monitoring in the remaining weeks of the year, say attorneys at Brownstein Hyatt.

  • Series

    The Law Firm Merger Diaries: Getting The Message Across

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    Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.

  • Opinion

    Horizontal Stare Decisis Should Not Be Casually Discarded

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    Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

  • 10 Commandments For Agentic AI Tools In The Legal Industry

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    Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.

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