Commercial Contracts

  • October 01, 2026

    Ambiguous Bond Terms Net FDIC Win In SVB Coverage Fight

    Two insurers must provide coverage to the Federal Deposit Insurance Corp., as receiver for Silicon Valley Bank, for the bank's claim for losses from a $73 million fraud scheme, a North Carolina federal judge ruled, finding ambiguity in bond contract language tipped the scales in the insured's favor.

  • October 01, 2026

    Food Workers' Gear Pay Suit Against Campbell's Survives

    Pepperidge Farm food production workers cleared a hurdle in a proposed class action accusing the snack-maker and its parent, Campbell's, of failing to pay for time spent donning and doffing required protective gear, as a New Jersey federal court found they adequately alleged federal and state wage claims.

  • September 30, 2026

    Ex-HSBC Exec Tells Jury Huawei CFO Vouched For Iran Biz

    A former HSBC executive on Wednesday testified in the racketeering trial of Huawei and three subsidiaries that he thought the Chinese telecommunications firm's business dealings in Iran were aboveboard, following assurances during a 2013 meeting from Huawei's chief financial officer.

  • September 30, 2026

    9th Circ. Judges Doubt X's Claims Against Anti-Hate Group

    Ninth Circuit judges appeared skeptical Wednesday of X Corp.'s bid to revive claims against two nonprofits for scraping tweets to study online hate speech, with one judge questioning X's contract damages claim and another doubting that the nonprofits could be held liable for publishing true information.

  • September 30, 2026

    Parler Ex-CEO Makes Final Trial Pitch For $100M Damages

    The former CEO of social media site Parler made his final argument Wednesday that he was wrongly stripped of a stake worth up to $100 million, with his lawyer telling a Nevada jury a valuation finding the entire company worth $10.81 was "bunk."

  • September 30, 2026

    Victoria's Secret Violated Deal For Instagram Ad, Model Says

    Victoria's Secret unlawfully used a professional model's entire face in a recent Instagram perfume advertisement, despite explicit restrictions in the parties' contract to use less than 30%, and refused to pay additional compensation for doing so, according to a right-of-publicity lawsuit filed in California federal court.

  • September 30, 2026

    Baby Food Co. Will Keep Posting Test Results, Texas AG Says

    Baby food company Plum Organics has committed to continuing to publish heavy metal test results for its infant food products, according to a deal it signed with the Texas attorney general's office to end a state investigation.

  • 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.

Expert Analysis

  • Opinion

    USCIS Delays Shouldn't Mean Detention For EB-5 Investors

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    Some EB-5 investors with pending petitions were recently detained amid a surge in immigration arrests, but when only U.S. Citizenship and Immigration Services can resolve a respondent's status, immigration courts shouldn't retain cases they can't decide, and detention shouldn't replace adjudication, says Jun Li at Reid & Wise.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • $400M Serta Ruling Offers Warning On Uptier Deal Risks

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    A Texas bankruptcy court's recent remand ruling, which disallowed Serta Simmons Bedding’s uptier debt exchange and awarded $400 million to the minority lenders, demonstrates why deal counsel negotiating similar agreements should clearly define exceptions and lien subordination, while litigators should lean on express terms, says Jamie Aycock at Yetter Coleman.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • How CME Suit May Reshape CFTC's Crypto Derivatives Rules

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    CME Group's recent lawsuit over the U.S. Commodity Futures Trading Commission's approval of a Kalshi application to offer a bitcoin perpetual contract as a futures product could have cascading consequences for crypto derivatives regulation, highlighting why policy ambitions do not override statutory text or substitute for reasoned decision-making, says attorney Tamara de Silva.

  • JPMorgan Ruling Shows Courts' Limited Role In Fee Fights

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    The Delaware Chancery Court's recent decision that JPMorgan Chase must cover more than $21 million in disputed legal fees for two former executives of the startup Frank illustrates the reality that companies, not the courts, are responsible for ongoing supervision of legal spending, says Theodore Edelman at GCE Advisors.

  • Decoding Arbitral Disputes: Post-Award Noncompliance

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    Grainful Holdings v. Mineev, a recent Commercial Court decision that resulted in a sentence for contempt following post-award enforcement proceedings, illustrates the point at which proceedings, having moved beyond recognition of an arbitral obligation, engage the court's own coercive jurisdiction, says Josep Galvez at 4-5 Gray's Inn.

  • Tips For Investors, Creditors Before Venezuela Restructuring

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    As Venezuela enters the first genuinely actionable phase of what may become one of the largest sovereign debt restructurings in modern financial history, creditors should strategically evaluate their claim types and investors should consider engaging before formal negotiations commence, says Rodrigo Carvalho at Winston Taylor.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

  • Illinois Audit Law Will Make AI Clauses Actually Enforceable

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    A law recently enacted in Illinois creates a first-in-the-nation requirement for artificial intelligence developers to undergo annual audits, providing objective standards that can be incorporated into private contracts and addressing the problem of defining responsible AI use, says William Tanenbaum at Moses & Singer.

  • Who Owns The Data Behind The Beautiful Game?

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    Every match at the 2026 FIFA World Cup generates enormous volumes of information that can improve performance, enhance fan engagement and create new revenue streams, but that same data can also create significant legal exposure if rights and responsibilities are not clearly defined, say attorneys at Morgan Lewis.

  • Lessons On Contingency Planning From OFAC's Iran Reversal

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    The Office of Foreign Assets Control‘s abrupt revocation of a recent license easing sanctions on Iranian oil products shows commercial dealings relying on OFAC licenses or with higher sanctions risks should expressly address what happens if a policy change makes performance prohibited, says Michelle Roberts at Berliner Corcoran.

  • What Actually Matters To GCs During Cross-Border Disputes

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    A recent international arbitration forum featured an in-house perspective on dispute resolution, highlighting that relationship preservation and other factors may matter more to businesses than success on legal merits, say Michael Mutek at Womble Bond and Mark Stadnyk at Thyssenkrupp Nucera.

  • Reviving Prize Law Would Reshape Maritime Seizure Risks

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    Recent U.S. maritime interdictions of sanctioned tankers and shadow fleet vessels raise urgent questions about whether civil forfeiture or prize law — a framework that has not been meaningfully tested since the Spanish-American War — governs and the potential impacts on vessel owners, charterers and insurers, say attorneys at Holland & Knight.

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