Commercial Contracts

  • September 04, 2026

    NC High Court Snapshot: TikTok, DuPont, NCAA Top Sept.

    North Carolina's highest court is returning from its summer hiatus with a stacked September lineup of cases for oral argument, starting with a name, image and likeness suit brought by members of N.C. State University's 1983 championship basketball team against the NCAA.

  • September 04, 2026

    ERISA Recap: 5 Appellate Rulings To Know From August

    The Seventh Circuit kept an Arkansas pharmacy benefit manager rule in place as not preempted by federal benefits law, the Fourth Circuit revived an Altria ex-worker's dispute over benefit plan documents, and the Eleventh Circuit reversed a pretrial win for Royal Caribbean in cruise workers' suit challenging 401(k) funds. Here, Law360 looks at those and two other major appellate decisions from August involving ERISA that benefits attorneys may want to know.

  • September 04, 2026

    Court Slams 'Half-Hearted Compliance' In Crab Price-Fix Suit

    A California federal magistrate judge has given a seafood company until Sept. 11 to meet the discovery obligations it has repeatedly fallen short of in a proposed class action accusing it of fixing prices for Dungeness crabs.

  • September 04, 2026

    NC Judge Says Insurer Must Cover COVID Biz Losses

    A North Carolina federal judge has ruled that four Durham restaurants are entitled to coverage for losses they experienced during COVID-19 pandemic lockdowns, while calling out their insurer for its "superficial" and "perfunctory" attempts to argue it did not owe coverage.

  • September 04, 2026

    3rd Circ. Revives Malpractice Claim Against Kirkland Atty

    A New Jersey divorcee may once again pursue a legal malpractice claim against a Kirkland & Ellis LLP attorney who she said lost her millions by mishandling estate documents, after the Third Circuit found it could be possible to link her alleged damages to the lawyer's work.

  • September 03, 2026

    Fox's Supposed $500M Offer For Parler Was Fake, Jury Told

    Billionaire Rebekah Mercer testified Thursday that Parler's later-ousted CEO made her think falsely that Fox was offering $500 million for the social app, one example of the supposed misconduct she has said was the reason he was forced out.

  • September 03, 2026

    Wash. Justices To Hear Gordon Rees Malpractice Transfer Suit

    Washington's Supreme Court will consider whether a Great American insurance unit can inherit an equipment manufacturer's legal malpractice claims against two law firms in what the insurance company has called an issue of first impression, according to a high court order published Wednesday.

  • September 03, 2026

    Dutch Software Co. Asks Justices To Halt TM Trial

    A Dutch software company has asked the U.S. Supreme Court to pause a rapidly approaching trial in a trademark dispute with an American rival while it petitions for review of an injunction and contempt order that it said threaten to taint the entire proceedings.

  • September 03, 2026

    Medical Biz Cites $15M Nicaragua Win To Avoid Arbitration

    A Nicaraguan medical products distributor is urging a Florida federal court to reconsider its order compelling arbitration of its dispute with GE Precision Healthcare LLC, pointing to a recent $15 million Nicaraguan court judgment that also dismisses the U.S. company's arbitration-based jurisdictional objection.

  • September 03, 2026

    Invesco Funds Settle In Serta Uptier Ch. 11 Appeal

    Invesco-managed funds reached a confidential settlement, ending appeals of a Texas bankruptcy judge's decision that Serta Simmons lenders excluded from a debt restructuring deal are owed $400 million.

  • September 03, 2026

    Pa. Property Manager Beats RE Agent's $10M Defamation Suit

    A Florida state jury has ruled against a real estate agent in her $10 million defamation suit, in which she accused the board chairman of a Pennsylvania property management company of repeatedly harassing and defaming her.

  • September 03, 2026

    1st Circ. Orders Redo In Puerto Rico Hospital Loan Fight

    The First Circuit revived hospital Instituto Medico Del Norte's Chapter 11 lawsuit against a lender, remanding the case after it "struggled to make sense" of a Puerto Rico bankruptcy judge's decision to dismiss the litigation.

  • September 03, 2026

    5th Circ. Unsure Provision Allows Contractor To Get Atty Fees

    A Fifth Circuit panel wanted to know why a construction company should get to collect attorney fees without a prevailing party provision in its joint venture contract, saying Thursday that the language of the parties' contract seemed to require a breach of contract.

  • September 03, 2026

    CFTC Says CME Perps Fight Is 'Much Ado About Nothing'

    The U.S. Commodity Futures Trading Commission told a D.C. federal judge that the Chicago Mercantile Exchange's suit over the agency's approval of Kalshi's bitcoin perpetual futures contract is "much ado about nothing" since the derivatives exchange is free to list its own version of the product.

  • September 03, 2026

    NJ Judge Strikes Experts In Faegre Drinker Malpractice Suit

    A New Jersey state judge has struck the expert reports in a legal malpractice suit against Faegre Drinker Biddle & Reath LLP, barring the experts from testifying unless the Sept. 14 trial over a real estate deal gone awry is postponed.

  • September 03, 2026

    Law Firm, Closing Agents Faulted For Not Flagging Fraud

    A Pittsburgh-area real estate settlement company wrongfully released the money from a divorcing couple's property sale to a fraudster, and the law firm that was supposed to get the money didn't notice until nearly a month later, the couple claim in a lawsuit filed in Pennsylvania state court.

  • September 03, 2026

    Fox Rothschild Says Adult Day Care Suit Rehashes Claims

    Fox Rothschild LLP is urging a New Jersey state court to toss claims against the firm and one of its attorneys in a complaint related to the firm's prosecution of a fraudulent loan lawsuit that led to a $65,000 sanction against the firm.

  • September 02, 2026

    Walmart Says IP Suit Docs Can't Be Used In Malpractice Case

    Walmart has asked an Arkansas federal court to order food tech startup Zest Labs to comply with a protective order from the parties' settled trade secret dispute and block it from disclosing Walmart's confidential information in Zest's malpractice suit against its former attorneys.

  • September 02, 2026

    Akerman Hires Consumer Protection Law Ace From Steptoe

    Akerman LLP announced on Monday it has welcomed a former Steptoe LLP attorney who brings vast experience helping clients navigate a unique, complicated landscape involving Golden State consumer protection laws and regulations, including matters related to Proposition 65.

  • September 02, 2026

    Robert Half Says Beacon Hill 'Raided' Conn. Staffing Team

    Robert Half Inc. has sued staffing services competitor Beacon Hill Solutions Group LLC in Connecticut federal court, alleging that Beacon Hill continued a nationwide employee poaching pattern by "raiding" its New Haven and Hartford operations and inducing the exits of a recruiting manager, practice director, talent director and talent manager.

  • September 02, 2026

    Fed. Circ. Backs Micron's PTAB Wins Over Netlist

    Micron took home a series of wins at the Federal Circuit on Wednesday in its multifaceted patent battle against Netlist, with the court upholding invalidations of five computer memory patents.

  • September 02, 2026

    Clippers Fined $30M As Probe Uncovers Salary Cap Violations

    The NBA unveiled sweeping sanctions against the Los Angeles Clippers Wednesday, including a $30 million fine and a one-year ban for the team's owner, after an investigation uncovered evidence that the team violated the league's salary cap rules by arranging off-court business deals for its star forward, Kawhi Leonard.

  • September 02, 2026

    Hall Booth Can't Pause NC Malpractice Claims, Court Told

    A court-appointed receiver has blasted Hall Booth Smith PC's bid in the North Carolina state appeals court to pause legal malpractice claims against the firm related to a wrongful conviction judgment, calling the move "nothing but a collateral attack" in state court on a federal order appointing the receiver.

  • September 02, 2026

    Agency Says Mich. Is Proper Forum For NCAA Poaching Suit

    An Arkansas sports agency has urged a Michigan federal judge to reject a North Carolina rival's bid to dismiss or transfer a lawsuit accusing it of using acquisition talks to obtain confidential information and poach a college basketball player, arguing the rival deliberately conducted name, image and likeness, or NIL, business in Michigan and agreed that Michigan law would govern the parties' nondisclosure agreement. 

  • September 02, 2026

    JPMorgan Seeks Stay Of $20M Javice, Amar Fee Order

    JPMorgan Chase & Co. urged the Delaware Chancery Court on Wednesday to pause enforcement of an order requiring it to advance more than $20 million in disputed legal fees to convicted Frank founder Charlie Javice and former executive Olivier Amar, arguing the bank could permanently lose the money before it gets a chance to challenge the ruling.

Expert Analysis

  • What GCs Should Keep In Mind When Developing AI Addenda

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    When general counsel develop their own customer-side artificial intelligence addenda to be used as the baseline for negotiations with AI vendors, they should take care to rightsize the addenda relative to their organization's size, complexity and bargaining power, say attorneys at Polsinelli.

  • 2nd Circ. Kazakh Ruling Clarifies RICO Rule, FSIA Exception

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    The Second Circuit's recent Yerkyn v. Yakovlevich ruling, dismissing a Racketeer Influenced and Corrupt Organizations Act claim, demonstrates that RICO's domestic injury requirement is a merits question, and reaffirms the Foreign Sovereign Immunities Act's commercial activity exception, says Brant Kuehn at Greenspoon Marder.

  • Character.AI Case Highlights Agentic AI Liability Questions

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    The recently settled litigation against Character Technologies Inc. provides an early case study for exploring salient legal issues related to agentic artificial intelligence, such as tort liability, strict liability, statutory liability and contractual liability, says Samuel Mitchells at Smith Gambrell.

  • How DOL Rule Would Preserve App-Based Contractor Work

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    The U.S. Department of Labor's proposed 2026 independent contractor rule reinforces the centrality of worker autonomy and entrepreneurial opportunity that characterize many app-based arrangements, and returns to a framework that may offer increased predictability for platforms and workers alike, say attorneys at Gibson Dunn.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • Compliance Takeaways Amid Subscription Practices Scrutiny

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    The Federal Trade Commission's prioritization of enforcement regarding deceptive billing and cancellation practices in recurring subscriptions, and new click-to-cancel rulemaking expected on the horizon, carry key takeaways for companies using recurring subscriptions to sell products or services, say attorneys at Arnold & Porter.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

  • What Kalshi Cases Reveal About State Authority, Regulation

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    Prediction markets like Kalshi have ignited complex legal battles that get to the heart of how novel financial products intersect with traditional state enforcement authority, and courts are already beginning to divide over whether federal law preempts state enforcement authority restricting these offerings, say attorneys at Holtzman Vogel.

  • What US Arms Sales Reforms Mean For Defense Industry

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    A recent executive order with the goal of increasing U.S. arms sales transparency, speed and government-industry collaboration carries both promise and risk for the defense industry as the government seeks to leverage the private sector and use commercial products for defense purposes, say attorneys at Fluet.

  • How Recent Del. Rulings Clarify M&A Deal Fraud Carveouts

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    Two recent Delaware decisions have provided clarity regarding when a party can or cannot rely on representations made during the course of an M&A transaction, particularly on the scope and enforceability of antireliance provisions, and on representations they knew or should have known were false, says Anthony Boccamazzo at Olshan Frome.

  • Aligning Microsoft Tools With NYC Bar AI Recording Guidance

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    The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from January and identifies practice tips from cases involving allegations of violations of consumer fraud regulations, the Fair Credit Reporting Act, employment law and breach of contract statutes.

  • 5 Different AI Systems Raise Distinct Privilege Issues

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    A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.

  • After Learning Resources: A Practical Guide For US Importers

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    Following the U.S. Supreme Court's Feb. 20 decision in Learning Resources v. Trump, U.S. importers and consumers on whom tariffs were imposed under the International Emergency Economic Powers Act can seek relief through existing administrative procedures or a yet-to-be-determined bespoke refund mechanism, and should plan for more changes in the tariff landscape, say attorneys at Baker Botts.

  • Opinion

    AI-Assisted Arbitration Needs Safeguards To Ensure Fairness

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    As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, ​​​​​​​clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.

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