Commercial Contracts

  • 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.

  • September 18, 2026

    NJ Flags Possible Unauthorized ICE Activity At Warehouse

    New Jersey and a local township told a federal court that they are investigating reports of U.S. Immigration and Customs Enforcement using a 470,000-square-foot warehouse as a detention center, which would violate a court order.

  • September 18, 2026

    Campbell's Can't Undo $17M Soup Rack Patent Verdict

    An Illinois federal judge has refused to nullify a $17 million patent infringement verdict against Campbell's Soup Co., rejecting its claims that a reasonable jury would have awarded only nominal damages to Gamon at most.

  • September 18, 2026

    Injured Sprinter Says Puma Trying End-Run In German Court

    An athlete alleging she was injured by Puma's carbon fiber shoes has told a Massachusetts state court the brand's U.S. subsidiary should be barred from pursuing a $13.3 million de facto counterclaim in a German court, calling it an attempt to "intimidate" her and other runners pursuing product liability cases against the company.

  • September 18, 2026

    Berkshire Unit Says Coverage Barred For Worker's Death

    A Berkshire Hathaway insurance unit asked a Connecticut federal judge to declare it has no duty to defend a masonry contractor accused of safety failings in a state court suit over a worker's death, saying an exclusion bars coverage for injuries to employees.

  • September 18, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Victoria's Secret and Thomas Pink file competing IP claims, more than 1,000 retail consumers launch a group action against Binance, Baker Hughes targeted in a commercial claim by its former Russian subsidiary and university students hit four British institutions with breach of contract claims over pandemic-era closures.

  • September 17, 2026

    Universities May Want To Put NPE Clauses In IP Licenses

    The Federal Circuit's holding on Monday that a patent license between Texas A&M University and a failed startup remained active after the company became a patent assertion entity will require universities to determine early on how they want their patents used, attorneys say.

  • September 17, 2026

    Ex-YPF Investors Take Argentina To ICSID Over 2012 Seizure

    The International Centre for Settlement of Investment Disputes has picked up a bid for arbitration by investors in Argentine oil and gas exploration company YPF SA, making good on their statement to a New York federal judge that they will arbitrate their claims over Argentina's nationalization of YPF.

  • September 17, 2026

    Cannabis Co. Owners Ask To Toss $2M Investment Suit

    The entrepreneurs behind a Chicago dispensary urged a federal judge to end a lawsuit accusing them of defrauding investors out of nearly $2 million, arguing the claims have no business being heard in Ohio, belong in arbitration and are legally insufficient.

  • September 17, 2026

    Texas Judge Won't Block Voting Rule For Rick Perry's AI Co.

    A Texas business court judge has denied billionaire businessman Toby Neugebauer's bid to block a corporate governance measure at the artificial intelligence infrastructure company co-founded by former Texas Gov. Rick Perry, finding, among other things, Neugebauer has not shown he would suffer an injury absent relief.

  • September 17, 2026

    2nd Circ. Pauses Nielsen Order In Cumulus Tying Case

    The Second Circuit has put on hold a preliminary injunction ordering the Nielsen Co. to offer its national ratings data separate from its local offerings after the company argued that the lower court changed the terms of the injunction after the Second Circuit approved it the first time.

Expert Analysis

  • 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.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

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