Commercial Contracts

  • July 28, 2026

    Nielsen Says 2nd Circ. Ruling Makes Courts Price Regulators

    Nielsen has asked the Second Circuit to reconsider a ruling upholding an injunction in a case from Cumulus accusing it of tying sales of its national radio ratings data to its local offerings, telling the appeals court the ruling turns judges into price regulators.

  • July 28, 2026

    Minn. Schools' Hail Damage May Be Covered, 8th Circ. Says

    The Eighth Circuit revived a Minnesota school district's suit seeking coverage for hail damage to the roofs of two schools, finding that the damage may fall outside a cosmetic damage exclusion if it weakened the roofs' ability to withstand the elements to the same extent as before the storm.

  • July 28, 2026

    LG Can't Arbitrate Stockholder Suit, Chancery Says

    The Delaware Chancery Court has refused to send fiduciary duty claims against LG, its U.S. subsidiary and several executives to arbitration, ruling that an investor's derivative lawsuit over the governance of advertising technology company Alphonso must remain in the Delaware court.

  • July 27, 2026

    J&J, Ovarian Cancer Talc Claimants Unveil $5.5B Global Deal

    Johnson & Johnson announced Monday that it has agreed to pay some $5.5 billion to put to rest tens of thousands of lawsuits alleging its talcum powder products caused ovarian cancer, with plaintiffs' counsel calling the deal "long-delayed justice" for their clients.

  • July 27, 2026

    Kalshi Seeks To Keep Operating In Wash. Pending Appeal

    Kalshi has urged a Washington judge to pause a recent order granting the state attorney general's bid to preliminarily enjoin the prediction market platform from operating within the state, saying the injunction causes Kalshi to face a "'Hobson's choice' between state enforcement and its federal duties."

  • July 27, 2026

    Oryx Says Constellis' Fee Bid Appears Hallucination-Based

    An Afghanistan camp operator asked a Virginia federal judge to throw out counterclaims brought by defense contractors it sued, asserting that one seeking costs and fees appears to be based on hallucinated language not found in cited agreements.

  • July 27, 2026

    OceanGate Foundation Insurer Launches Titan Coverage Suit

    Philadelphia Indemnity Insurance Co. urged a Seattle federal court Friday to find it has no duty to defend nonprofit OceanGate Foundation from a lawsuit filed by the family of a French explorer who died during the Titan deep-sea submersible's 2023 expedition, or otherwise rule any coverage obligations are capped at $100,000.

  • July 27, 2026

    Cannabis Store Owners Seek To Toss Most Claims In $5M Suit

    The owners of a chain of Colorado retail cannabis stores accused of owing more than $4.8 million in unpaid obligations asked a Colorado federal judge Friday to dismiss the bulk of claims against them and their business because, they said, many of the claims weren't sufficiently pled to clear even the lower standards required to survive dismissal.

  • July 27, 2026

    Epic Says Google Wants To Hide Rival App Stores In Search

    Epic Games and Google asked the California federal judge overseeing the gaming giant's antitrust battle against the tech giant to resolve a dispute over whether the court's injunction requires rival app stores to be shown in Play Store search results or whether Google can "relegate" rivals to a separate page.

  • July 27, 2026

    Insurers Don't Owe Grocer Coverage For Opioid Settlement

    A group of insurers owes no coverage to grocery chain Harris Teeter for amounts that its parent company, Kroger, paid as part of a $1.37 billion global settlement of opioid suits brought by government entities, North Carolina's business court ruled.

  • July 27, 2026

    Pepsi, Frito-Lay Accuse Sugar Companies Of Price Fixing

    Prominent food and beverage companies including Pepsi, Quaker Oats, Bimbo Bakeries and Frito-Lay filed an antitrust lawsuit in Minnesota federal court Friday alleging that major sugar refineries and producers have been involved in a price-fixing scheme since 2019.

  • July 27, 2026

    Consultant Says Fla. Co., Owner Stole Her Training Model

    A linguist claimed in a Florida federal court that the owner of a job consulting business breached their collaboration agreement and stole a training model she developed, alleging she wasn't given equity in the company as promised and that her copyrighted intellectual property was published in a book without her authorization.

  • July 27, 2026

    Wash., Hayden Homes Reach $1.6M Deal To End Fee Claims

    Hayden Homes LLC and affordable housing-focused nonprofit lender First Story agreed to pay more than $1.6 million to settle Washington state's claims that they charged home sellers illegal private transfer fees, the state's attorney general announced Monday.

  • July 27, 2026

    Texas Ranchers Ask For Judgment In Cattle Fraud Scheme

    Two ranching companies asked a Texas federal court for partial summary judgment in a suit alleging Hall Cattle Feeders LLC lost their cattle and refused to pay for it, saying the undisputed evidence shows that Hall breached federal agriculture law.

  • July 27, 2026

    DC Circ. Overturns Its Own Holocaust Art Ruling

    The D.C. Circuit has substantially vacated its ruling ending long-running litigation brought by the descendants of a Hungarian Jewish art collector seeking the return of a priceless art collection looted by the Nazis, citing the passage of a new law.

  • July 27, 2026

    Yale, Biohaven Win $4M In Biotech Trade Secret Trial

    A Delaware federal jury has awarded Yale University and Biohaven Therapeutics $4 million after finding that venture capital firm RA Capital Management GP breached a confidentiality agreement and, along with co-defendant Avilar Therapeutics, misappropriated a Yale-developed trade secret for designing protein-degrading drug molecules.

  • July 27, 2026

    Boom Fantasy User Must Arbitrate Illinois Gambling Suit

    A proposed class action accusing Boom Shakalaka Inc. of operating an illegal gambling platform disguised as a fantasy sports app will be sent to arbitration, after an Illinois federal judge ruled that the app's arbitration clause was easily accessible to users.

  • July 27, 2026

    Regeneron Says Drug Approval Irrelevant In Antitrust Case

    Regeneron told a Delaware federal court the recent regulatory approval of a new cholesterol drug is irrelevant to its case accusing Amgen of bundling Repatha with other medications, as the court mulls an injunction bid following Regeneron's $407 million jury win.

  • July 27, 2026

    Live Nation, DOJ Say States Have Enough Discovery Into Deal

    The U.S. Department of Justice has joined with Live Nation to resist a discovery request by a bipartisan group of state attorneys general seeking more information about a settlement the federal government reached with the company in the middle of an antitrust trial.

  • July 27, 2026

    Trade Group Can't Challenge Calif. PBM Law

    A healthcare industry group representing pharmacy benefit managers lost its initial bid to challenge a California state law restricting their business practices, after a federal judge determined its complaint didn't go far enough to prove standing for the group representing PBMs, which intermediate between drugmakers, pharmacies and insurers.

  • July 27, 2026

    Bus Co. Settles Bid-Rigging Claims For $2.4M

    A national student transportation company will pay $2.4 million to settle allegations that two Massachusetts subsidiaries colluded with another bus company to allocate contracts in three Greater Boston communities, the state attorney general's office announced Monday.

  • July 27, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week tackled disputes involving restrictive covenants, corporate governance, trade secrets, real estate investments, receiverships, and books and records demands.

  • July 27, 2026

    Installer Sues Canadian Solar After He's Crushed By Panels

    A Washington man who owns a solar component contractor is suing Canadian Solar Inc. and its affiliates in federal court, alleging poor packaging caused 1,800 pounds of solar panels to fall over and crush him.

  • July 27, 2026

    Investment Bank Says Workers' Wage Suit Is Contract Dispute

    An investment bank and two managing directors are urging a Texas federal judge to toss a proposed collective action alleging employees went months without pay, arguing that the workers were exempt from overtime and had turned a contract dispute into a federal wage law case.

  • July 24, 2026

    Amazon Accused Of Poaching Warner Exec Under Contract

    Warner Bros. Discovery sued Amazon in Los Angeles court alleging it poached one of its executives despite her being under contract in "blatant disregard" of the law, and said the move is part of a pattern of behavior of inducing Warner executives to breach their employment agreements.

Expert Analysis

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • Legal Risks Of Using AI To Screen Psychedelic Trial Patients

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    Though using artificial intelligence to preemptively identify drug trial participants likely to experience placebo effects could produce clearer research results, sponsors will need to be ready for the new legal questions these methods raise about informed consent, accountability for algorithmically derived criteria, and potential bias in data training sets, says Kimberly Chew at Husch Blackwell.

  • Trump EOs Pair Quantum Push With Cyber Defense Overhaul

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    Two recent executive orders that mark a significant federal commitment to both advancing and defending against quantum technology create potential opportunities for companies in the quantum, AI and technology sectors and pose future compliance obligations contractors should begin considering now, say attorneys at King & Spalding.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • Tariff Refunds May Reshape Loan Covenant Calculations

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    Tariff refunds issued after the U.S. Supreme Court's Learning Resources decision may complicate borrowers' covenant calculations depending on accounting treatment, the timing of recognition, customer reimbursement obligations and credit agreement language, say attorneys at Mayer Brown.

  • NY Defamation Carveout Hinges On Causation, Not Labels

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    A New York federal court's decisions in two cases involving tortious interference claims, and the recent Second Circuit ruling in Satanic Temple v. Newsweek Digital, highlight that the dispositive question for alleged defamation is whether injury flows through reputation or through direct interference with a relationship, says attorney Andrea Natale.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • A Framework For Volume Dispute Damages In Oil, Gas M&A

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    With every major upstream oil and gas consolidation in recent years having resulted in minimum volume commitment disputes, experts testifying in such litigation must use a five-step framework for calculating lost profits that accounts for the option structure embedded in the contract, says Robert Foss at Hinds Feat Advisors.

  • 8 Ways 2026's Market Divide Is Rewriting Real Estate Risk

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    As construction activity increasingly concentrates in data centers, healthcare and other resilient sectors, real estate developers and their counsel in the second half of 2026 should consider earlier risk allocation and more protective contract terms, and expect greater pressure on labor, pricing and infrastructure, say attorneys at Cozen O'Connor.

  • 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.

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