Commercial Contracts

  • 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.

  • September 17, 2026

    Skycom Engineer Says Huawei Was His Real Boss In Iran

    A Tehran-born engineer who has since become a U.S. citizen on Thursday testified that he worked for Huawei on projects for the Iranian government, despite technically being employed by what prosecutors say was a thinly veiled subsidiary that the Chinese telecommunications company used to evade U.S. sanctions.

  • September 17, 2026

    9th Circ. Revives Laos' $5M Enforcement Bid In Casino Case

    The Ninth Circuit on Thursday revived the government of Laos' bid to enforce some $5 million in arbitral awards against an entrepreneur who was not party to an underlying arbitration stemming from an ill-fated casino venture, saying a lower court should have taken a closer look at the government's arguments.

  • September 17, 2026

    Appeals Court Skeptical Biz Court Is Wrong Place For Perot Suit

    Texas appellate judges seemed skeptical Thursday of a Dallas businessman's claim that the Texas Business Court doesn't have jurisdiction over his multimillion-dollar suit against Ross Perot Jr., saying the money at stake seems to make the case a fit for the Business Court.

  • September 17, 2026

    NFL Agent Blocked From Defending Poaching Suit, 3rd Circ. Told

    Counsel for NFL agent Todd France told a Third Circuit panel Thursday that his client was deprived of the opportunity to fight allegations that he poached another agent's client, asking the court to vacate an $810,846 arbitration award against him.

  • September 17, 2026

    Rail Giants Point To Shipper Support For $85B Merger

    Droves of companies that rely on freight in their daily business have recently thrown their support behind Union Pacific Corp.'s planned $85 billion merger with Atlanta-based Norfolk Southern Corp. in filings with a federal board being asked to approve the tie-up.

  • September 17, 2026

    Joe Gibbs Racing Demands Sanctions For Deleted Texts

    Joe Gibbs Racing LLC wants its former competition director sanctioned for allegedly failing to preserve key evidence after he deleted text messages with the owner of a rival NASCAR team where he is now employed as chief motorsports officer.

  • September 17, 2026

    SpaceXAI, Apple Must Show Texas Judge Antitrust Deal Terms

    A Texas federal judge has ordered Elon Musk's companies and Apple Inc. to provide him with a copy of their recent settlement for in-camera review after OpenAI Inc. demanded to look over the agreement and argued its terms may undermine the antitrust allegations SpaceXAI LLC is still pursuing against OpenAI.

  • September 17, 2026

    Justices Told Fed. Circ. Erred In Veterinary Software Feud

    A healthcare consulting services company wants the U.S. Supreme Court to review the Federal Circuit's refusal to revive its copyright and contract claims in a fight over rights to healthcare software for a U.S. Army veterinary records system.

  • September 17, 2026

    Fla. Tech Co. Says Ex-Execs Stole Web Browser Code

    A technology company has brought a Florida federal lawsuit accusing its former executives of quitting and running off with its trade secrets, alleging they went on to form a business that builds a competing web browser with stolen computer code. 

  • September 17, 2026

    Amway To Pay $225M To End Deceptive Marketing Claims

    The Federal Trade Commission and the State of Washington have reached a $225 million settlement with health and beauty company Amway and two of its affiliates to resolve allegations that they engaged in unfair and deceptive multilevel marketing tactics in which independent business owners and their recruits purchased products for "reasons other than genuine demand for them in a near-futile effort to make money while faking their customer sales."

  • September 17, 2026

    NC Sports Agency Aims To Sink Rival's Poaching Suit

    A North Carolina sports agency has urged a Michigan federal judge to throw out a lawsuit from a rival company over the alleged poaching of a sought-after college athlete, saying the claims are too thin to proceed.

  • September 17, 2026

    GE Vernova, Vineyard Wind Drop Dispute Over Payment

    Vineyard Wind I LLC and a GE Vernova subsidiary have dropped their legal dispute over a $300,000 bill for work on turbines off the Massachusetts coast, according to Wednesday court filings.

  • September 17, 2026

    Sonic Wins Appeal Bid To Arbitrate Suit Over Worker's Death

    The mother of a Sonic employee who was fatally shot in 2023 must arbitrate her wrongful death suit against the restaurant, Texas appellate justices said Thursday, finding that she didn't meet her burden showing Sonic substantially invoked the court process in a way that conflicted with its right to compel arbitration. 

Expert Analysis

  • What Employers Should Know About Wash. Noncompete Ban

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    Washington state recently passed one of the most expansive prohibitions on noncompetes in the country, marking a significant shift in the state's approach to restrictive covenants and requiring employers to carefully assess how this change will affect their current and future agreements, say attorneys at Cozen.

  • Evaluating Congressional Investigation Risk In Deal Diligence

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    Given the increasing frequency and sophistication of congressional investigations into corporate business practices, companies conducting transactional due diligence should add procedures to assess and mitigate the unique challenges and wide-ranging risks that can arise from Capitol Hill’s scrutiny, say attorneys at Covington.

  • E-Discovery Quarterly: Recent Rulings On ESI Control

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    Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

  • Calif. Truck Regs Now Require Multiple Compliance Strategies

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    California's various vehicle and truck emissions programs now move on different legal tracks, impose different obligations and create different business risks on different timelines — so companies that treat them as one package subject to a federal Clean Air Act waiver risk missing deadlines and mispricing contracts, says Thierry Montoya at FBT Gibbons.

  • Del. Ruling Shows Power Of Postclose Governance Provisions

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    After the Delaware Court of Chancery reinstated a target company's CEO as part of the equitable remedy in Fortis Advisors v. Krafton, deal parties should emphasize the importance of postclosing governance provisions to earnout economics, knowing that they will have to live with these provisions for the duration of the earnout period, say attorneys at Sidley.

  • A Data-Driven Guide For Navigating The 2026 Oil Price Shock

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    With the Iran war disrupting tanker traffic through the Strait of Hormuz, oil price volatility has soared, and this extreme price dislocation is likely to generate complex legal disputes — but companies can protect themselves by preserving every scrap of market data available, say Peter Niculescu and Leslie Rahl at Capital Market Risk Advisors.

  • 2 Discovery Rulings Break With Heppner On AI Privilege Issue

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    While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

  • Series

    Isshin-Ryu Karate Makes Me A Better Lawyer

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    My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

  • What FMC's Rejection Of War Surcharges Means For Shipping

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    The Federal Maritime Commission's rejection of multiple common carriers' requests last month to implement emergency shipping surcharges in response to conflict in the Mideast signals a decisive shift in the agency's regulatory posture toward stronger protections for shippers — with important implications for all supply chain participants, say attorneys at Husch Blackwell.

  • Getting To Know The Key Partners In Nuclear Power Projects

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    As more major technology companies and hyperscalers enter into energy offtake agreements with operators of existing, restarting and planned nuclear plants, it is essential that all stakeholders in such partnerships understand the roles and responsibilities of the key entities involved in a nuclear power project, say attorneys at Morgan Lewis.

  • Assessing EcoFactor's Impact On Damages Experts' Opinions

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    Though the Federal Circuit's ruling in EcoFactor v. Google gave rise to concerns that damages experts would be forced to rely on undisputed facts, recent case law suggests that those concerns are unwarranted, says Christopher Loh at Venable.

  • Insights From OppFi Suit On Building Calif. Bank Partnerships

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    A California state judge’s tentative ruling, walking through business evidence that Utah bank FinWise was not a “rent-a-bank” that fintech firm Opportunity Financial used as a front to dodge interest rate caps on in-state lenders, offers a helpful road map for structuring legally compliant bank-fintech partnerships under California law, say attorneys at Manatt.

  • Keys To Building Defensible Psychedelic Therapy Programs

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    Given the rapidly evolving legal environment for psychedelic therapies and heightened liability and compliance risks facing providers, meticulous documentation, robust risk management protocols, and proactive engagement with professional organizations and insurers are essential strategies, say Kimberly Chew at Husch Blackwell and L. Alison McInnes at Mindful Health Solutions.

  • Defense Contractor Tips For Commercial Solutions Openings

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    Defense contractors interested in participating in the Army’s recently announced commercial solutions opening should familiarize themselves with the process, which promotes flexibility but requires prudence in preparing proposals, negotiating award terms, and crafting supporting documents such as teaming agreements and subcontracts, say attorneys at Holland & Knight.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

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