Commercial Contracts

  • September 11, 2026

    Insurer May Be On The Hook For Debt Collector's Defense

    Claims that a debt collector engaged in an illegal collection scheme aren't covered under its policy with a Nationwide unit, but the insurer may owe coverage if it is found to have acted in bad faith while defending the company, a Washington federal court ruled.

  • September 11, 2026

    LA Judge Rejects Bid For $134K Default In Pot Co. Loan Suit

    A California state judge has rejected a lender's bid for default judgment in a suit alleging that a cannabis oil extraction company's owner failed to pay back a $134,000 loan, saying the lender is asking for too much without sufficient evidence.

  • September 10, 2026

    Huawei Ripped Off Amazon Cloud Platform IP, Jury Hears

    A former engineer for a U.S. subsidiary of Huawei on Thursday testified that she was shocked and upset after a colleague boasted of co-opting patented code used in Amazon's cloud computing platform, the first of several Huawei employees that are expected to take the stand in the Chinese telecommunications company's RICO trial in New York federal court. 

  • September 10, 2026

    Lilly Owes Nektar $1B If It Breached Rezpeg Deal, Jury Told

    Nektar Therapeutics' damages expert told a California federal jury on Thursday that Eli Lilly & Co. could owe the biotechnology company nearly $1 billion if it finds that the pharmaceutical giant breached a license agreement to co-develop Nektar's autoimmune-disease drug Rezpeg.

  • September 10, 2026

    JPMorgan Aided Ex-Atty Kossoff's $18.5M Theft, Trustee Says

    The Chapter 7 trustee representing bankrupt firm Kossoff PLLC on Wednesday sued JPMorgan Chase Bank NA, claiming the bank helped the firm's principal steal at least $18.5 million from clients, and it "should be made to account."

  • September 10, 2026

    SpaceXAI Says Alleged Grok Child Porn Maker Must Indemnify It

    SpaceXAI LLC on Thursday accused a Pennsylvania man of using its artificial intelligence tool Grok to generate child sexual abuse material, telling a Texas federal court that the man breached the terms of service agreement and must indemnify the company.

  • September 10, 2026

    Princeton Must Face Title IX Claim Tied To Gender Bias

    A New Jersey federal judge refused to end a former Princeton University student's claims stemming from his expulsion after an investigation into his ex-romantic partner's allegations of violence, finding that a jury could conclude that gender played a role in the outcome.

  • September 10, 2026

    Nielsen Tells 2nd Circ. Court Altered Terms Of Cumulus Order

    Nielsen is headed back to the Second Circuit after a New York federal court changed the terms of a preliminary injunction that the appellate court had already upheld, the company said, requiring Nielsen to not only unbundle its national radio ratings data from its local offerings but also to provide that data on specific terms.

  • September 10, 2026

    6th Circ. Nixes $31.8M Pot Farm Judgment Against Curaleaf

    The Sixth Circuit on Thursday reversed a $31.8 million jury judgment against cannabis giant Curaleaf, saying the federal illegality of cannabis precluded federal courts from enforcing contracts that require parties to commit federal crimes.

  • September 10, 2026

    US, Ohio Settle 15-Year Dam Mining Dispute

    The federal government and Ohio have decided to settle their more than 15-year legal battle over the state's authorization of coal mining near a federal dam and reservoir.

  • September 10, 2026

    Clinical Trial Buyer Says Ex-Owner Breached $100M Deal

    Surge ECN Holdings LLC and ECN Operating LLC have accused the former owner of a clinical trial research network of violating a five-year noncompete and other restrictions tied to a deal worth more than $100 million, alleging he diverted customers, recruited key physicians and used confidential information to build a competing business.

  • September 10, 2026

    Drone Co., Ex-VP Reach Deal Resolving Pay, Sabotage Claims

    A company that makes emergency response drones and its former vice president of sales have settled a dispute in which the executive alleged he was stiffed on pay and the company accused him of trying to sabotage its business, court records show.

  • September 10, 2026

    Hospitals Say Mich. BCBS Unit Owes For Out-Of-State Care

    A Michigan Blue Cross Blue Shield unit owes a group of hospitals more than $800,000 in reimbursement for health services they provided to patients covered under out-of-state BCBS plans, the hospitals allege in a complaint in Michigan federal court.

  • September 10, 2026

    EchoStar Says Ex-VP Violated Noncompete In Move To Rival

    A former executive vice president of EchoStar Corp. violated his noncompete agreement when he left his role at the company to take a COO position with a rival company just two weeks later, the telecommunication giant alleged in Colorado state court Wednesday.

  • September 10, 2026

    Deutsche Bank Says Viks Seek To Delay Norway Case Fight

    Deutsche Bank AG has urged a Connecticut state court to reject a request by billionaire Alexander Vik and his daughter to hold two trials as they seek an anti-suit injunction, arguing that they are just trying to extend a court-ordered block on litigation in Norway despite a recent appellate decision gutting the rationale for the injunction.

  • September 10, 2026

    Cold Brew Equipment Co. Owner Must Hand Over Assets

    The founder and minority owner of a cold brew equipment company has agreed to hand over passwords, customer information, software and other company assets to its majority owner in a dispute over control of the business following a 2024 acquisition, according to a Colorado state court filing.

  • September 09, 2026

    Nektar CEO Opens Door To Finance Questions In Eli Lilly Trial

    Nektar Therapeutics failed Wednesday to block evidence of its financial condition from entering into a California federal trial over a failed deal to codevelop its drug Rezpeg with Eli Lilly, after its CEO's testimony on cross-examination prompted the judge to allow the evidence for impeachment purposes.

  • September 09, 2026

    Fed. Circ. Eyes PTAB Cases That May Sink $445M Netlist Win

    A $445 million verdict against Micron Technology Inc. for infringing two Netlist Inc. computer memory patents hung in the balance Wednesday, as a Federal Circuit panel questioned Netlist's arguments that the Patent Trial and Appeal Board wrongly found claims in both patents invalid.

  • September 09, 2026

    Crypto Org. Taps Prelogar To Back CFTC's Side In Perps Fight

    A crypto policy group advocating for perpetual derivatives markets hired former U.S. Solicitor General Elizabeth Prelogar to pen a brief backing the U.S. Commodity Futures Trading Commission's approval of bitcoin perpetual contracts as the agency fights a challenge from the Chicago Mercantile Exchange.

  • September 09, 2026

    Court Lets Stand Exxon Win In Decade-Old Securities Case

    A Texas federal judge denied a motion by a class of Exxon Mobil Corp. investors seeking a new trial in a 10-year-old securities class action claiming the energy giant misled shareholders, saying Wednesday that the company's closing arguments did not prejudice the jury.

  • September 09, 2026

    Stiiizy Beats Bid To Block Packaging Supplier Switch

    A California federal judge said she won't force cannabis distributor Stiiizy Inc. to exclusively buy packaging from an Aurora, Colorado-based supplier, saying the alleged multimillion-dollars in damages caused in this contract dispute do not justify jumping to such an "extraordinary" remedy.

  • September 09, 2026

    Real Estate Firm Says Insurers Owe $5.3M For Motel Damage

    A pair of insurers under the Berkshire Hathaway Inc. and Munich Re umbrellas wrongly refused to cover over $5.3 million in damage to a motel that a real estate company purchased to convert into affordable housing, according to a complaint removed to Washington federal court.

  • September 09, 2026

    Texas Justices Deny Bid To Undo $37M Arbitration Award

    The Texas Supreme Court on Wednesday declined to take up a bid by a Dallas-based alternative investment company seeking to toss a $37 million arbitration award in favor of the company's former director.

  • September 09, 2026

    Amazon Urges NY Court To Deny E-Book Antitrust Class Cert.

    Amazon on Tuesday objected to a New York federal magistrate judge's recommendation to certify a class of over 30 million customers in a suit accusing it of monopolizing the e-book market, saying the judge disregarded proof that a significant share of the consumers benefited from the challenged practices.

  • September 09, 2026

    3rd Circ. Stands By Upholding Lipitor Pay-For-Delay Suit Toss

    The Third Circuit has refused to rethink its decision backing a New Jersey district court's dismissal of an antitrust suit alleging Ranbaxy Laboratories Ltd. conspired to delay a generic version of the cholesterol drug Lipitor.

Expert Analysis

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • Prepping To Use Crypto Collateral Under Ohio Ownership Law

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    Ohio's digital asset law should ease the path to using cryptocurrency as collateral, and as the October effective date approaches, lenders should update their loan documentation and diligence processes to take advantage of the new control-based perfection rules, say attorneys at Kegler Brown.

  • Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

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    Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.

  • Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • Notable Q2 Updates In Insurance Class Actions

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    After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

  • Other Transaction Authority May Change Military Construction

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    Early use of the Pentagon’s expanded authority to use other transaction agreements for defense construction projects suggests it may become a consequential change that draws new entrants into the marketplace, so participants should be cognizant of how it differs from the familiar Federal Acquisition Regulation model, say attorneys at Holland & Knight.

  • Decoding Arbitral Disputes: Award Enforcement Is Just Step 1

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    In Qatar National Bank v. South Sudan and Bank of South Sudan, a D.C. federal court recently confirmed a $1 billion arbitral award, but the judgment itself remains only the entrance to the asset-recovery exercise, says Josep Galvez at 4-5 Gray's Inn Square.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • How New Counter-Drone Rule Will Reshape Event Security

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    A new interim final rule on counter-unmanned aircraft systems creates one of the most structured regulatory frameworks yet adopted for mitigating unauthorized drone activity, with implications for law enforcement, airport and stadium operators, drone companies, and public event organizers, say attorneys at Morgan Lewis.

  • Avoiding Sponsor Conflicts As NCAA Patch Rule Takes Effect

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    A new rule allowing schools to add corporate sponsor patches to athletes' uniforms may create a conflict with students' individual name, image and likeness agreements with competing brands, requiring negotiated contract provisions to reduce the legal risks, says Evan Rosenberg at Morritt Hock.  

  • 4 Tips For Using AI To Max Fee Awards In NY Lease Disputes

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    As New York's new artificial intelligence court filing rule takes effect, lawyers handling commercial lease disputes should set up an efficient billing structure, verify AI-generated research and calculations, and align fee requests to improve recoveries and avoid sanctions, say attorneys at Crowell & Moring.

  • Managing Data Center Power Issues, Public Pushback

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    The many risks associated with data center construction include power availability, government regulations and public opinion, and contractual disputes — but these can be mitigated with careful project controls, planning and targeted contract drafting, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

  • Data Center Risks Include Schedules, Supply Chain, Labor

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    Managing the dynamic technical and legal risks related to data center development requires sophisticated strategies for dealing with compressed schedules and liquidated damages, supply chain and long-lead equipment challenges, and labor shortages and productivity issues, say Randa Adra and Lily Geyer at Crowell & Moring, and Natasha Dahl at Ankura.

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