Commercial Contracts

  • October 16, 2026

    Del. High Court Backs Gard In Litigation Funding Fight

    The Delaware Supreme Court has upheld a Chancery Court ruling rejecting claims that hedge fund manager Casey Gard and affiliates improperly shifted a litigation-finance business away from a company he co-owned with attorney Brett K. Findler, ending Findler's challenge to liability findings from a closely watched business breakup.

  • October 16, 2026

    Temu Inks $3M Settlement To End Data To China Claims

    Online bargain retailer Temu on Friday agreed to pay $3 million to settle claims brought by the Texas Office of the Attorney General accusing the company of secretly stealing customer data and exposing it to the Chinese Communist Party.

  • October 16, 2026

    TI, Intel Say Ukrainians Still Show No Link To Russian Strikes

    Technology companies including Texas Instruments Inc. and Intel Corp. are again urging a Texas federal court to throw out a set of consolidated suits alleging they allowed their components to get into Russian weapons used to target civilians, saying a second amended complaint still fails to link their conduct to injuries.

  • October 16, 2026

    Could A Criminal Sentencing Case Upend Loper Bright?

    U.S. Supreme Court Justice Neil Gorsuch is concerned that a ruling instructing trial courts to defer to the U.S. Sentencing Commission's interpretation of federal sentencing guidelines could blow a "pretty big hole" in the court's recent rejection of deference doctrines. His colleagues, however, don't appear as perturbed.

  • October 16, 2026

    NY Ski Mountain Sold To End State Antitrust Case

    The New York attorney general's office said Friday that Intermountain Management Inc. has sold a Syracuse-area ski mountain to a buyer who plans to reopen the facility, four years after state enforcers sued Intermountain for allegedly buying and shuttering the mountain, which was its nearest competitor.

  • October 16, 2026

    Contradictory Contract Dooms Pot Co.'s Injunction Bid

    A California state judge has rejected a cannabis genetics company's bid for an injunction against a former business partner in a contract dispute, saying the contract's self-contradictory provisions make it unclear that the company is entitled to retrieve its cannabis strains.

  • October 16, 2026

    9th Circ. Won't Rethink $2B Devas Arbitral Award Confirmation

    The Ninth Circuit said Friday it will not disturb a unanimous three-judge panel's decision to enforce a $2 billion arbitral award issued to a satellite communications company, rejecting the award debtor's petition for a rehearing by the full court.

  • October 16, 2026

    Ex-Legal Tech Co. Exec Says Pregnancy Got Her Fired

    A legal technology company abruptly fired its director of partnerships after it learned she was pregnant, and has since withheld a nearly $40,000 bonus, according to a lawsuit lodged in New Jersey state court.

  • October 16, 2026

    11th Circ. Backs Florida Firm In Lender Note Verdict Appeal

    The Eleventh Circuit in an unpublished opinion backed a law firm accused of botching several financial transactions for a Puerto Rican microcap lender, affirming the findings of a jury and a lower court that it didn't commit malpractice by failing to secure the company's assets during bankruptcy proceedings.

  • October 16, 2026

    11th Circ. ERISA Exhaustion Shift Furthers Textualist Trend

    An Eleventh Circuit decision overruling decades-old precedent that took a strict view of when federal benefits law claims could be brought in court continues a trend of courts excising judicially imposed rules not contained in statutory text, attorneys say.

  • October 16, 2026

    NCAA Sues Ohio Gov. Over Athlete Eligibility Expansion

    The NCAA sued Ohio Gov. Mike DeWine on Friday, asking a federal judge to set aside the governor's executive order authorizing the state's universities to ignore the association's recently revised athlete eligibility rules.

  • October 15, 2026

    Fla. Body Armor Dealer On The Hook For $7M, Ukraine Says

    Ukraine's Defense Ministry petitioned a Florida federal court to enforce an approximately $7 million arbitral award it won against a body armor dealer on claims that some units in a shipment turned out to be defective and did not pass ballistic testing.

  • October 15, 2026

    Huawei Founder Played It Cool In FBI Interview, Jury Hears

    A former FBI agent on Thursday told a Brooklyn federal jury about an interview he conducted with Huawei founder and CEO Ren Zhengfei, saying the executive suggested that the Chinese telecommunications firm had no direct dealings with Iran and respected intellectual property rights.

  • October 15, 2026

    Fund Firms Lose $10M Fee Bid After Short-Swing Trial Win

    Kartoon Studios doesn't have to cover $10 million in legal fees for two investment firms that won a federal jury trial over short-swing profits, New York's trial court ruled, finding the indemnity provisions of the parties' agreements only cover the investors' purchase of Kartoon securities, not later share sales.

  • October 15, 2026

    California Judge Grants Discovery In Cannabis Debt Dispute

    An investor and a cannabis license holder will have to rework their lawsuit accusing a couple of scheming to steal majority ownership in a Los Angeles dispensary by creating $3.4 million in "phantom debt," a California state court judge ruled.

  • October 15, 2026

    Texas Appeals Court Says Perot VC Suit Belongs In Biz Court

    A Texas appellate court on Thursday found that a multimillion-dollar suit brought by a Dallas businessman against billionaire Ross Perot Jr. belongs in the Texas Business Court, saying the businessman's claims arose from the sale of a healthcare company.

  • October 15, 2026

    Toyota Must Face Minivan Defect Warranty Suit, Judge Says

    A California federal judge has largely allowed Toyota minivan drivers to proceed with their proposed class action alleging Toyota didn't repair defective second-row seat rails for months, ruling they sufficiently pled the warranty's purpose failed since it didn't repair or replace the parts within a reasonable time frame. 

  • October 15, 2026

    Ex-Racing Director Says Deleted Texts Don't Merit Sanctions

    The former competition director for NASCAR superteam Joe Gibbs Racing LLC said his "candor" should save him from sanctions after he admitted to deleting text messages with the owner of a rival team before his old employer sued him for trade secrets theft.

  • October 15, 2026

    Banks, Credit Union Escape Pig Butchering Scam Suit

    Several financial institutions have been released from a suit brought by a California couple accusing them of allowing a so-called pig butchering investing scam that cost the pair $600,000, with a federal judge ruling the couple does not show how the defendants are liable for the harm, and that some of the claims were brought too late.

  • October 15, 2026

    Dish, Disney Working On Deal In Sling TV Suit

    Dish Network told a New York federal court that settlement discussions are in progress for Walt Disney Co.'s breach of contract suit that challenged the satellite provider's short-term Sling TV passes and spurred Dish to lodge antitrust counterclaims over Disney's carriage licensing deals.

  • October 15, 2026

    LIV Golf, Jon Rahm Reach Separation Agreement

    LIV Golf is asking a New Jersey bankruptcy judge to ratify a deal with Jon Rahm to allow the golfer to cancel his contracts and exit the embattled league.

  • October 15, 2026

    Josh Cellars Cos. Say Court, Not Jury, Must Decide Defenses

    Entities that help manage and market Josh Cellars wines say a Connecticut state judge, not a jury, must decide fairness defenses in former company president Thomas Steffanci's bid for millions in royalties, urging the judge to decline Steffanci's request to revisit a September order as a November trial date looms.

  • October 15, 2026

    Earth Sues Ex-CEO Over Walmart Business, Arbitration

    Earth Enterprises Inc. and two affiliated investment entities have sued former company chief Philippe Meynard in the Delaware Chancery Court, seeking to block him from expanding a Massachusetts arbitration while also accusing him of hiding the loss of Walmart business before a 2021 sale and later putting his own interests ahead of Earth Enterprises. 

  • October 15, 2026

    Union Can't Arbitrate Quarrel Over Kraft Retiree Benefits

    A Delaware federal judge blocked a Teamsters union from arbitrating claims that the Kraft Heinz Company improperly withheld health benefits from retirees, ruling the parties' collective bargaining agreement makes clear that the dispute must be resolved through different means.

  • October 14, 2026

    Boies Schiller Adds Ex-DOJ Civil Division Leader In NY, DC

    Boies Schiller Flexner LLP has added a former deputy assistant attorney general in the U.S. Department of Justice's Civil Division to its global investigations and white collar teams in New York and Washington, D.C., according to an announcement made Wednesday.

Expert Analysis

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Using CFIUS' New Risk Matrix And Mitigation Guidance

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    The Committee on Foreign Investment in the United States' national security matrix and related mitigation guidance provides a common vocabulary for allocating regulatory and mitigation risk in transaction documents, and may help focus any discussions with the agency, say attorneys at Simpson Thacher.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

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    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • What 9th Circ. Devas Ruling Means For AI Infrastructure Deals

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    The Ninth Circuit's recent confirmation of a $2 billion arbitration award in Devas Multimedia's arbitration against a state-owned commercial arm of India’s space agency creates a cross-border enforcement road map for disputes that are bound to arise from the current generation of artificial intelligence infrastructure deals, says Fernanda Merouco at Davis Wright.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

  • Early Action Can Benefit Distressed Restaurant Franchisees

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    As rising costs put increased pressure on restaurants, as evidenced by recent bankruptcy filings by Popeyes, Farmer Boys and Applebees franchisees, distressed businesses should move early to preserve profitable locations, reject uneconomic obligations, manage brand defaults and choose the appropriate restructuring path, says Christopher Caplinger at Kean Miller.

  • How 'Most Favored Nation' Regime Affects Biopharma Deals

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    As M&A activity surges in the biopharma space, companies will need to account for the Trump administration's most-favored-nation pricing proposals — durable in concept, if unsettled in detail — when drafting deals, say attorneys at Gibson Dunn.

  • 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.

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