Commercial Contracts

  • October 16, 2026

    11th Circ. ERISA Exhaustion Shift Furthers Textualist Trend

    An Eleventh Circuit decision overruling decades-old precedent that took a strict view of when federal benefits law claims could be brought in court continues a trend of courts excising judicially imposed rules not contained in statutory text, attorneys say.

  • October 16, 2026

    NCAA Sues Ohio Gov. Over Athlete Eligibility Expansion

    The NCAA sued Ohio Gov. Mike DeWine on Friday, asking a federal judge to set aside the governor's executive order authorizing the state's universities to ignore the association's recently revised athlete eligibility rules.

  • October 15, 2026

    Fla. Body Armor Dealer On The Hook For $7M, Ukraine Says

    Ukraine's Defense Ministry petitioned a Florida federal court to enforce an approximately $7 million arbitral award it won against a body armor dealer on claims that some units in a shipment turned out to be defective and did not pass ballistic testing.

  • October 15, 2026

    Huawei Founder Played It Cool In FBI Interview, Jury Hears

    A former FBI agent on Thursday told a Brooklyn federal jury about an interview he conducted with Huawei founder and CEO Ren Zhengfei, saying the executive suggested that the Chinese telecommunications firm had no direct dealings with Iran and respected intellectual property rights.

  • October 15, 2026

    Fund Firms Lose $10M Fee Bid After Short-Swing Trial Win

    Kartoon Studios doesn't have to cover $10 million in legal fees for two investment firms that won a federal jury trial over short-swing profits, New York's trial court ruled, finding the indemnity provisions of the parties' agreements only cover the investors' purchase of Kartoon securities, not later share sales.

  • October 15, 2026

    California Judge Grants Discovery In Cannabis Debt Dispute

    An investor and a cannabis license holder will have to rework their lawsuit accusing a couple of scheming to steal majority ownership in a Los Angeles dispensary by creating $3.4 million in "phantom debt," a California state court judge ruled.

  • October 15, 2026

    Texas Appeals Court Says Perot VC Suit Belongs In Biz Court

    A Texas appellate court on Thursday found that a multimillion-dollar suit brought by a Dallas businessman against billionaire Ross Perot Jr. belongs in the Texas Business Court, saying the businessman's claims arose from the sale of a healthcare company.

  • October 15, 2026

    Toyota Must Face Minivan Defect Warranty Suit, Judge Says

    A California federal judge has largely allowed Toyota minivan drivers to proceed with their proposed class action alleging Toyota didn't repair defective second-row seat rails for months, ruling they sufficiently pled the warranty's purpose failed since it didn't repair or replace the parts within a reasonable time frame. 

  • October 15, 2026

    Ex-Racing Director Says Deleted Texts Don't Merit Sanctions

    The former competition director for NASCAR superteam Joe Gibbs Racing LLC said his "candor" should save him from sanctions after he admitted to deleting text messages with the owner of a rival team before his old employer sued him for trade secrets theft.

  • October 15, 2026

    Banks, Credit Union Escape Pig Butchering Scam Suit

    Several financial institutions have been released from a suit brought by a California couple accusing them of allowing a so-called pig butchering investing scam that cost the pair $600,000, with a federal judge ruling the couple does not show how the defendants are liable for the harm, and that some of the claims were brought too late.

  • October 15, 2026

    Dish, Disney Working On Deal In Sling TV Suit

    Dish Network told a New York federal court that settlement discussions are in progress for Walt Disney Co.'s breach of contract suit that challenged the satellite provider's short-term Sling TV passes and spurred Dish to lodge antitrust counterclaims over Disney's carriage licensing deals.

  • October 15, 2026

    LIV Golf, Jon Rahm Reach Separation Agreement

    LIV Golf is asking a New Jersey bankruptcy judge to ratify a deal with Jon Rahm to allow the golfer to cancel his contracts and exit the embattled league.

  • October 15, 2026

    Josh Cellars Cos. Say Court, Not Jury, Must Decide Defenses

    Entities that help manage and market Josh Cellars wines say a Connecticut state judge, not a jury, must decide fairness defenses in former company president Thomas Steffanci's bid for millions in royalties, urging the judge to decline Steffanci's request to revisit a September order as a November trial date looms.

  • October 15, 2026

    Earth Sues Ex-CEO Over Walmart Business, Arbitration

    Earth Enterprises Inc. and two affiliated investment entities have sued former company chief Philippe Meynard in the Delaware Chancery Court, seeking to block him from expanding a Massachusetts arbitration while also accusing him of hiding the loss of Walmart business before a 2021 sale and later putting his own interests ahead of Earth Enterprises. 

  • October 15, 2026

    Union Can't Arbitrate Quarrel Over Kraft Retiree Benefits

    A Delaware federal judge blocked a Teamsters union from arbitrating claims that the Kraft Heinz Company improperly withheld health benefits from retirees, ruling the parties' collective bargaining agreement makes clear that the dispute must be resolved through different means.

  • October 14, 2026

    Boies Schiller Adds Ex-DOJ Civil Division Leader In NY, DC

    Boies Schiller Flexner LLP has added a former deputy assistant attorney general in the U.S. Department of Justice's Civil Division to its global investigations and white collar teams in New York and Washington, D.C., according to an announcement made Wednesday.

  • October 14, 2026

    Perrigo To Pay $10M To End Consumer Gerber Antitrust Suit

    Perrigo will pay $10 million to consumers accusing the company of cutting an anticompetitive agreement with Gerber to maintain a monopoly in the store-brand infant formula market, according to a motion filed in New York federal court Tuesday.

  • October 14, 2026

    Farmers Insurer Must Face Proposed Class Life Policy Claims

    A Seattle federal judge refused on Tuesday to toss a proposed class action against a Farmers Insurance subsidiary, concluding the plaintiff has leveled valid contractual and consumer protection claims based on contentions that the insurer overcharged for life insurance and underpaid interest on policyholder accounts.  

  • October 14, 2026

    Atty Sanctioned For Vulgar Emails To Opposing Counsel

    A Texas federal magistrate judge has sanctioned an attorney who serves as principal for an oil and gas exploration company locked in a trade secret misappropriation case with a rival after opposing counsel complained of his expletive-ridden emails containing ad hominem attacks.

  • October 14, 2026

    Genentech Wins Judge's OK Of $18M Novartis Award

    A D.C. federal judge has enforced a nearly $18 million arbitral award against Novartis Pharma AG following its dispute with biotechnology firm Genentech Inc. over a licensing agreement for an eye medication.

  • October 14, 2026

    2nd Circ. Skeptical Of Reviving $4.4M 'Multiplex' COVID Suit

    A Second Circuit judge cast doubt Wednesday on a Connecticut medical practice's claim that insurers owe $4.4 million for COVID-19 testing, noting that the tests at issue were actually for nearly two dozen viruses and were vastly more expensive than those that only detected the novel coronavirus.

  • October 14, 2026

    Whoopi Goldberg's Pot Co. Must Take Fraud Claim To Trial

    A New Jersey state judge tossed a landlord's lawsuit seeking unpaid rent from television personality Whoopi Goldberg's cannabis company, finding that the proposed dispensary lacked required municipal approvals, but said a jury must decide whether the landlord, a former mayor, fraudulently misrepresented the property's licensing status.

  • October 14, 2026

    Jury Says Homebuilder Owes $21.6M For Sewer Gas Exposure

    A Texas jury hit a Fort Worth homebuilder with a $21.6 million verdict after finding the company built plumbing vents that ended in the attic of a custom home, causing sewer gas exposure for the family that lived there and leading to lasting health issues.

  • October 14, 2026

    LIV Golf OK To Tap $54M, Enter Into RSA Amid Player Talks

    LIV Golf secured a New Jersey bankruptcy judge's blessing on Wednesday to borrow $53.6 million in Chapter 11 and assume a $300 million restructuring agreement, giving the debtor more time to try to persuade players to join the revamped, golfer-owned league it has dubbed LIV 2.0.

  • October 14, 2026

    Litigation Funding Partners Clash Over Shift In Del. High Court

    Priority Pre-Settlement Funding LLC and Brett K. Findler urged the Delaware Supreme Court on Wednesday to revive claims accusing Findler's former business partner of quietly shifting their litigation-finance business into hedge funds the partner controlled, while the other side argued Findler knew about the new structure, agreed to it and helped put it in place.

Expert Analysis

  • A Look At Litigation Risks From Financing The AI Buildout

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    Artificial intelligence infrastructure financing can create gaps between accounting presentation and project-level economic exposure, and those gaps may affect management communications and how accounting experts can reconstruct the financial record when those communications become the subject of a securities dispute, says Erik Johannesson at Brattle Group.

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    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

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    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

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    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

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    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

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    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

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    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.

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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