Commercial Contracts

  • October 02, 2026

    DOJ Envisions 'Full-Fledged Law Firm' To Combat Gov't Fraud

    The National Fraud Enforcement Division was created less than six months ago, but it is rapidly reshaping the U.S. Department of Justice and spurring an uptick in internal corporate investigations, white collar experts say.

  • October 02, 2026

    Del. Justices Back Dismissal Of Gemini's Bausch & Lomb Suit

    The Delaware Supreme Court has upheld the dismissal of Gemini Insurance Co.'s request to block Bausch & Lomb Americas Inc. from pursuing an insurance coverage fight in Louisiana, ruling that Gemini waived its argument that the case should have been transferable to Delaware Superior Court.

  • October 02, 2026

    Roberts Wants Less Talk. Supreme Court Attorneys Disagree.

    Near the end of last term, Chief Justice John Roberts voiced his frustration with the U.S. Supreme Court's lengthening oral argument sessions and suggested the justices might tweak their format over the summer. But as the new term begins Monday, the court has yet to announce any changes, and advocates see little need for improvement.

  • October 02, 2026

    CH Robinson CLO Talks Montgomery, Dallas Verdict Impacts

    Nearly five months after the U.S. Supreme Court delivered its pivotal ruling reshaping freight brokers' liability exposure, C.H. Robinson Worldwide Inc. said lingering uncertainty over protracted litigation and volatile verdicts will upend the U.S. supply chain without some intervention by regulators or Congress.

  • October 02, 2026

    NJ Township Accused Of Discriminatory Paving Contract

    An apprenticeship and training fund has sued a New Jersey township in state court over a project labor agreement in its 2026 paving project, claiming the agreement prevents the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union from placing apprentices on the project.

  • October 02, 2026

    Parler Ex-CEO Wins $11M Over Ouster From Social Media Site

    A jury in Nevada found Friday that Parler co-founder John Matze is owed nearly $11.1 million, including $250,000 in punitive damages, for the stake he was stripped of after billionaire business partner Rebekah Mercer and others allegedly changed the social media company's constitution to get rid of him.

  • October 02, 2026

    Consulting Firm Says Author's Copying Suit Lacks Details

    A farm credit consulting firm asked a Colorado federal court to toss a suit brought by a leadership author who alleges the company launched a training program based on his copyrighted books, arguing the copyright claim is too vague and the state law claims are preempted.

  • October 02, 2026

    Expert Clash Blocks $10M Hail Coverage Row Pretrial Win

    A Tennessee federal judge Friday rejected a cardboard manufacturer's successive requests for a pretrial win in its hailstorm damage coverage dispute with its insurer, finding the "hotly" contested facts at issue cannot be resolved by the court.

  • October 02, 2026

    Former Fla. Rep. Gets 10 Years In Venezuela FARA Case

    A Florida federal judge on Friday sentenced ex-Florida Rep. David Rivera to 10 years in prison for failing to register as a foreign agent and laundering the proceeds of a $50 million contract with a unit of Venezuela's state-owned oil company.

  • October 02, 2026

    5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will convene Monday to begin its 2026 October term, which includes several cases that could determine the future of climate change tort litigation, expand religious freedoms and parental rights, and grant states authority to require proof of citizenship when individuals register for presidential elections using state forms. 

  • October 01, 2026

    DuPont, Corteva Accused Of $40B PFAS Asset Shielding

    The company formerly known as DuPont and its parent Corteva Inc. were sued in Indiana state court Thursday by 15 states and Guam alleging a newly completed seeds business spinoff is nothing more than an illegal effort to place $40 billion in assets beyond the reach of creditors pursuing forever chemicals claims.

  • October 01, 2026

    Fate Of Patent Awards Over $1B Shows Hurdles In Apple Case

    Taction Technology Inc. has secured the largest patent damages verdict in history with a $5.7 billion win against Apple Inc., but it may face an uphill battle to collect, since nearly every previous patent judgment over $1 billion was later reduced or overturned.

  • October 01, 2026

    Merrill, But Not BofA, Must Face Cash Sweep Rates Suit

    Bank of America escaped account holders' allegations that they were paid unreasonably low interest rates under automatic cash sweep programs, but its wealth management division, Merrill Lynch, must still face most of the proposed class claims, according to a New York federal judge's ruling.

  • October 01, 2026

    $16B Ruling Faces High Court Sovereign Immunity Challenge

    The U.S. Supreme Court is being asked to review an "egregiously wrong" Second Circuit decision that overturned a New York judge's $16 billion judgment against Argentina that arose from its nationalization of YPF SA, the country's largest oil and gas exploration company.

  • October 01, 2026

    Judge 'Flummoxed' By Forum Claim In IQVIA's Poaching Suit

    A North Carolina Business Court judge said Thursday that he was "flummoxed" by clinical research giant IQVIA Holdings Inc.'s argument for not enforcing its own forum selection clause against four top executives who decamped for a competitor.

  • October 01, 2026

    Honeywell's $46M LNG Award Survives Delay Challenge

    A Manhattan federal judge has granted industrial conglomerate Honeywell's bid to confirm a $46 million arbitral award, including attorney fees, against a Mexican construction company over a dispute related to defective and delayed equipment for a liquefied natural gas plant in Louisiana.

  • October 01, 2026

    Merrill Lynch To Pay $39M Over Retirement Cash Sweep Rates

    Bank of America's Merrill Lynch unit has reached a $39 million settlement with account holders in a suit alleging the wealth management division swept idle funds in customers' retirement accounts into low-interest accounts instead of paying the proper market interest rates.

  • October 01, 2026

    Construction Co. Says Insurance Broker Misled On Coverage

    A Connecticut construction company said an insurance brokerage neglected its responsibility to secure a policy and then later misrepresented why the construction company wouldn't receive coverage for a worker's personal injury suit.

  • October 01, 2026

    Fed. Circ. Backs Galderma In Injection Training IP Case

    The Federal Circuit on Thursday affirmed an order clearing Galderma SA of a medical training startup's accusations that it misappropriated trade secrets related to an injection training system and derailed what could have been a lucrative deal with Allergan PLC.

  • October 01, 2026

    Developer Bound By Emailed Settlement Offer, Court Says

    A three-sentence email with the subject line "settlement communication," which proposed a meeting followed by dismissal of a lawsuit over a real estate development, was a binding agreement to end the case, Massachusetts' intermediate-level appellate court said Thursday.

  • October 01, 2026

    FBT Gibbons Beats DQ Bid In Suit Over Cigna Payments

    A New Jersey state court judge has rejected a plastic surgery practice's bid to disqualify FBT Gibbons LLP from representing Cigna and a group of employer-sponsored health plans in its suit over the insurer's alleged underpayments, finding the bid appears more of an effort to gain an advantage rather than one to protect the interests of any client.

  • 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.

Expert Analysis

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

    Author Photo

    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

  • Time Is On Payment Processors' Side As Deal Dynamics Shift

    Author Photo

    As payment processors increasingly use timing and volume to gain leverage, merchants should negotiate payment processing agreements well before renewal or migration deadlines, ensuring proper benchmarking, reserve, data, termination and transition terms are in place, says James Alexander at Reed Smith.

  • How Boards, Lenders Can View ABC Bankruptcy Alternative

    Author Photo

    The broader adoption of the Uniform Assignment for the Benefit of Creditors Act, including Delaware's recent statute, gives boards and lenders a clearer framework for a familiar middle-market problem: companies too small to justify Chapter 11 economics but too complex for an unmanaged shutdown, says Jon Labovitz at Sherwood.

  • How FTC's $20B Amazon Suit May Shake Up Ad Enforcement

    Author Photo

    Gonzalo Mon at Kelley Drye discusses the significance of the Federal Trade Commission's recent suit against Amazon for allegedly overcharging advertising customers more than $20 billion, the company's potential defenses, and the context of rapidly evolving digital advertising technology.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

    Author Photo

    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

    Author Photo

    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • What Bulk-Power Gear Import EO Means For US Energy Cos.

    Author Photo

    Though President Donald Trump's recent executive order restricting imports of foreign-produced bulk-power system electrical equipment imposes no immediate obligations on private parties, stakeholders can take near-term steps to mitigate supply chain and contractual risks, as much of the order's ultimate impact will depend on implementing regulations, say attorneys at Orrick.

  • Voyager Ruling Maps Out Ch. 11 Exculpation Lessons

    Author Photo

    Chapter 11 plan proponents drafting exculpation provisions may benefit from contrasting the exculpatory language recently invalidated by a New York federal court in the Voyager Digital Holdings case with successful recent use of these provisions in confirmed bankruptcy plans, say attorneys at Debevoise.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

    Author Photo

    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • SVB Parent's Claim Loss To FDIC Bears Bond Wording Lesson

    Author Photo

    A North Carolina federal court’s recent ruling that the Federal Deposit Insurance Corp., as receiver for the collapsed Silicon Valley Bank, solely owns a $73 million fraud claim illustrates why parent financial institutions should scrutinize joint assured provisions in fidelity bonds to prevent a failed subsidiary's covered losses going to a receiver, say attorneys at McGuireWoods.

  • Deal Termination Lessons From Verisk Merger Review Ruling

    Author Photo

    The Delaware Chancery Court’s recent ruling that Verisk Analytics forfeited its right to terminate a deal that was facing a second information request from the Federal Trade Commission illustrates the danger of information gaps between client and counsel and the risks of "willful conduct" language in merger agreements, say attorneys at HSF Kramer.

  • Prepping Health Businesses For Sale In A Data-Driven Market

    Author Photo

    In a thinner market for healthcare transactions, with both regulators and buyers using artificial intelligence to inspect data in great detail, the margin for error in sellers' financials and legal diligence has narrowed, requiring more proactive compliance efforts, says Cody Dumas at FBFK Law.

  • Series

    Ballet Makes Me A Better Lawyer

    Author Photo

    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Using CFIUS' New Risk Matrix And Mitigation Guidance

    Author Photo

    The Committee on Foreign Investment in the United States' national security matrix and related mitigation guidance provides a common vocabulary for allocating regulatory and mitigation risk in transaction documents, and may help focus any discussions with the agency, say attorneys at Simpson Thacher.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

    Author Photo

    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Commercial Contracts archive.