Commercial Contracts

  • October 09, 2026

    ERISA Recap: 6 Notable Decisions From September

    The Tenth and Seventh circuits issued published opinions in two union retirement disputes, while the Sixth Circuit found that the Commonwealth of Kentucky's lawsuit against pharmacy benefit managers does not belong in state court, citing colorable federal preemption arguments. Here's more on those decisions and three other notable rulings involving the Employee Retirement Income Security Act that came down in September.

  • October 09, 2026

    Anti-SLAPP Law Doesn't Tank Firm Breakup Case, Judge Says

    A Connecticut trial attorney and his new firm cannot invoke the state's anti-SLAPP law to dismiss claims brought by his former law partner, a state court judge held Thursday in one of multiple lawsuits stemming from Connecticut Trial Firm LLC's dissolution less than two years after it gained prominence with a record-setting personal injury verdict.

  • October 09, 2026

    Insurers Can't Avoid $5.3M Motel Damage Suit, Court Told

    A real estate development company urged a Washington federal court to reject its insurers' bid to avoid a suit seeking $5.3 million in coverage for damage to a motel that was supposed to be converted into affordable housing, saying the carriers' arguments concerning improper service are meritless.

  • October 09, 2026

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

    The past week in London has seen PrivatBank sue its former oligarch owner, building materials' provider Kingspan face a €100 million ($112 million) claim over Grenfell Tower cladding, and energy giants VaroPreem and Viaro Energy become embroiled in an intellectual property row.

  • October 09, 2026

    Legal Marketing Co. Inks $600K Call Center Rep Wage Deal

    Legal marketing company Lawyer.com Inc. agreed to pay $600,000 to settle claims in a New Jersey federal court that it misclassified call center representatives as independent contractors and failed to pay them overtime wages required under federal law.

  • October 08, 2026

    9/11 Family Sues Cannabis Entrepreneurs Over $1.3M Loss

    A 9/11 widow and her children are suing a previously sanctioned Los Angeles-area cannabis entrepreneur and his associate in California state court claiming they misused the family's $1.3 million investment, taken from their terrorism-victim compensation fund, after making false promises of guaranteed returns.

  • October 08, 2026

    NASCAR Rivals Must Yield Race Setups In Trade Secrets Suit

    Joe Gibbs Racing LLC and rival NASCAR team Spire Motorsports must produce their race-car setups for the 2025 and 2026 seasons in their contested trade secrets battle, a North Carolina magistrate judge has ruled, but not without first lamenting the onslaught of discovery disputes he's been saddled with resolving.

  • October 08, 2026

    The Rise Of White Collar Sports Cheating Scandals

    Throughout the history of professional sports, teams have tried to get an edge. When those efforts have veered into impropriety, it's usually stemmed from violations between the lines: sign-stealing, equipment tampering or spying. But that dynamic is shifting.

  • October 08, 2026

    Fired Bassist Drops Conn. Contract Suit Against Metal Band

    The co-founder and longtime bass player for Grammy-nominated metal band Hatebreed has withdrawn a Connecticut state court lawsuit against the musical ensemble's singer and a related corporate entity, dropping all allegations his 2024 ouster was a breach of contract that caused him emotional distress.

  • October 08, 2026

    Gildan Changes T-Shirt Contract Terms After FTC Pressure

    The Federal Trade Commission said Thursday that T-shirt manufacturer Gildan Activewear SRL has removed terms from its supply agreement with distributor S&S Holdings LLC that prevented Gildan from offering better prices to competing distributors.

  • October 08, 2026

    New Fraud Division Flexes Might In Latest Enforcement Policy

    The National Fraud Enforcement Division's new corporate enforcement policy emphasizes the quick pursuit of certain types of fraud through data analysis and staff resources, expands the target list beyond traditional healthcare providers and highlights the division's growing dominance within the U.S. Department of Justice, experts say.

  • October 08, 2026

    Fla. Panel Reverses Atty Fees Award In Atty's POA Dispute

    A Florida appellate court has reversed an attorney fees award in a property purchase dispute involving a Florida attorney, a local property owners association and other parties.

  • October 08, 2026

    Buzbee Faces $970K Fee Bid In Dismissed Conspiracy Cases

    A Mississippi lawyer is asking a Texas state court to award her more than $970,000 in fees after defeating claims that she and her law firm conspired with rapper Shawn "Jay-Z" Carter and Quinn Emanuel Urquhart & Sullivan LLP to retaliate against prominent Houston plaintiffs attorney Tony Buzbee and two of his former clients.

  • October 08, 2026

    'Chicken Soup' Parent Owes $25M Judgment, Investor Says

    The entity that manages self-help book publisher Chicken Soup for the Soul Holdings LLC should be ordered to pay $25 million after a sale of most of an affiliate's assets never materialized, according to an investor seeking to recover some of its alleged $50 million in losses.

  • October 08, 2026

    Fla. Court Vacates $5 Law Firm Sales In Litigation Funder Suit

    A Florida state court vacated an order allowing a discount sale of an attorney's $20 million worth of shares in three law firms to a litigation funder seeking to collect on an out-of-state judgment, saying the auction notice wasn't issued properly. 

  • October 08, 2026

    Amazon Sued Over Child And Woman's Fire Pit Fuel Burns

    A minor and a family friend are suing Amazon.com Inc. in a New Jersey state court, alleging they were severely burned when a defective fueling bottle for a tabletop fire pit experienced "flame jetting" while the fire pit was being refueled.

  • October 08, 2026

    Ex-Coal Exec's Bribe Sentencing Paused Amid Witness Claims

    A Pennsylvania federal judge agreed Wednesday to reschedule an upcoming sentencing hearing for a former coal executive convicted of authorizing bribes to an arm of the Egyptian government, after his attorneys flagged new allegations against a star witness for the prosecution.

  • October 07, 2026

    9th Circ. OKs 90-Day Stay For Maker Of Eye Drops

    The Ninth Circuit isn't going to rehear its decision preserving a win in a case accusing the maker of Clear Eyes drops of illegal price discrimination in favor of Costco, but it will hold off on issuing the mandate while the eye drop maker appeals to the U.S. Supreme Court.

  • October 07, 2026

    Josh Cellars Co. Says Ex-Prez Has 'Deep' Litigation Funding

    Companies behind the Josh Cellars wine brand say they should be allowed to introduce an ex-president's alleged litigation funding deals during an upcoming Connecticut jury trial, arguing they're necessary to defend against his assertions regarding a corporate operating agreement and to refute a possibly misleading portrayal of the parties' resources.

  • October 07, 2026

    Colo. Panel Mulls Telecom Co.'s Challenge To $24M Judgment

    A Colorado wireless internet company urged a Colorado appellate court Wednesday to overturn a $24 million judgment against it that the company says came without due process, fielding the panel's questions on the appropriate standard to use in evaluating the company's appraisal dispute with its shareholders.

  • October 07, 2026

    Texas Justices Push Exxon On Explosion Suit Coverage Bid

    The Texas Supreme Court pressed Exxon Mobil Corp. to explain why an AIG unit should have to pay $25 million of a $35 million settlement arising from a deadly 2013 explosion at the oil giant's refinery in Beaumont, asking Wednesday if the company had control over the workers who were injured.

  • October 07, 2026

    Televangelist, Network Owner Face Off In Race Bias Trial

    A Michigan federal jury was told on Wednesday that deciding a Black televangelist's race discrimination claim against the white owner of a religious network will require deciding if the owner's sharing of a meme was racist or simply a joke between old friends that was misunderstood.

  • October 07, 2026

    Holtec CEO Says Atty Is Confusing Jury Over Confidential Doc

    Holtec International CEO Krishna Singh accused counsel for the company's former chief financial officer of attempting to confuse jurors in New Jersey state court when he asked whether Singh was aware the ex-CFO had said information in a draft document meant for a prospective investor was false.

  • October 07, 2026

    Excess Insurers Tell 4th Circ. Under Armour Owes Interest

    Five excess insurers told the Fourth Circuit that Under Armour Inc. must pay prejudgment interest on its return of $90 million in advanced coverage for defense costs, arguing a Maryland federal judge erred in determining they weren't owed interest under state law.

  • October 07, 2026

    BMW Beats X5 Transmission Defect Suit, For Now

    BMW has defeated for now a proposed class action alleging it knew about a transmission component defect causing some of its cars to jerk and shudder but refused to cover repair costs, with a New Jersey federal judge saying Wednesday the allegations are insufficient to infer BMW knew about any defect.

Expert Analysis

  • Zillow-Redfin Settlement Spotlights Nontraditional-Deal Risk

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    The Federal Trade Commission's recent settlement with Zillow and Redfin serves as a reminder that authorities are increasingly interested in challenging nontraditional transaction structures that effectively eliminate a market participant, which includes some exclusivity arrangements, say attorneys at Freshfields.

  • How AI Is Reshaping The Structure Of Crypto Venture Deals

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    As founders at the intersection of crypto and artificial intelligence increasingly face capital-raising quandaries, parties structuring crypto venture deals should weigh how equity, token and hybrid financings allocate value to avoid tricky contractual governance and fiduciary law questions down the line, say attorneys at Cahill Gordon.

  • 8th Circ. Ruling Limits Receiver Insurance Recovery Rights

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    The Eighth Circuit's recent ruling in King v. Texas Insurance illustrates a practical limit on receivership powers: A receiver may marshal insurance proceeds belonging to the estate but cannot expand the insured's contractual rights or make policy proceeds collectible unless the coverage triggers are satisfied, say attorneys at Kutak Rock.

  • Series

    Mentalism Makes Me A Better Lawyer

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    Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.

  • Why And How To Build A Neurodiversity-Informed Practice

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    By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.

  • Meta Smart Glasses Suit Will Test Privacy Law For Bystanders

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    In a consolidated suit over how Ray-Ban Meta AI smart glasses handle personal video footage, a recently proposed class of unwittingly recorded bystanders highlights questions over whether privacy laws and product disclosures adequately address the risks wearable recording devices pose to nonusers, say attorneys at Barnes & Thornburg.

  • New DNA Screening Standard Has No Clear Playbook

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    Although the government has not yet released promised guidance intended to support its new standards for screening mail-order DNA, companies should not read this as a reprieve from the Oct. 13 compliance deadline because the delay shifts enforcement risk to statutes that need no new authority, including false statements, the False Claims Act and fraud, says Ashwin Ram at Buchalter.

  • HSR Compliance Lessons Abound In Proposed $250M Deal

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    The U.S. Justice Department's recently proposed $250 million Hart-Scott-Rodino Act settlement with KKR sheds light on additional safeguards that companies can put into place to mitigate risk as they prepare for their next deal, including implementation of a robust document process, say attorneys at White & Case.

  • The Patent Circuit: Marking Duties For Licensed Tech

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    The Federal Circuit's decision in VDPP v. Volkswagen provides clarity on how the patent statute's marking provision applies to licensed technology, but expressly leaves open the question of how exactly patentees can make reasonable efforts to ensure licensees' marking compliance, say attorneys at Knobbe Martens.

  • Mapping The Shifting Landscape Of Algorithmic Pricing Laws

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    As state legislative activity and federal developments abound in algorithmic pricing practice, companies steering through this regulatory patchwork should consider a number of key issues, including status, use and exemptions, say attorneys at Covington.

  • Testing AI's Promise For Large-Scale Document Review

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    Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.

  • AI Meeting Recaps Pose New Discovery And Privilege Risks

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    The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.

  • Wireless Patent Suits Offer Lessons For Data Center Industry

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    As the data center patent litigation wave begins to crest, the industry can gain insight into what's to come by looking to the wireless and telecommunications industries, giving operators and suppliers concrete reasons to revisit their agreements and establish clear allocations of patent risk, say attorneys at Baker Botts.

  • 4 Tips On Expert Gatekeeping From J&J Talc Deal

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    Johnson & Johnson's successful campaign to exclude plaintiff-side oncologist testimony about whether its talcum powder caused ovarian cancer, which prompted the recent resolution of 70,000 claims, offers lessons on how product liability defendants can reshape risk calculation by rigorously applying expert admissibility rules, say attorneys at Hollingsworth.

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