Commercial Contracts

  • August 27, 2026

    5th Circ. Backs FDA, Pharma Cos. In GLP-1 Shortage Fight

    The U.S. Food and Drug Administration did not unlawfully remove blockbuster GLP-1 medications made by Eli Lilly & Co. and Novo Nordisk from the national drug shortage list, the Fifth Circuit ruled Thursday, handing a loss to compounding pharmacies that produce copycat doses of the drugs.

  • August 27, 2026

    Krispy Kreme Must Face Claims Over McDonald's Rollout

    A North Carolina federal judge has denied part of Krispy Kreme's motion to dismiss a securities class action alleging it overhyped its partnership with McDonald's, allowing several claims to proceed that were made after the company may have known the collaboration would not be as successful as previously stated.

  • August 27, 2026

    Bank Says Late Notice Fumbled Data Breach Insurance Claim

    An insurance services company caused a Milford, Connecticut, bank to lose insurance coverage for a data breach that affected nearly 12,000 of its customers by failing to timely report it, the bank says in a Wednesday complaint in Connecticut federal court.

  • August 27, 2026

    Health Co. Gets Partial Win In Suit Over $8.5M Food Tech Deal

    A Florida federal judge handed a partial win to a health information technologies services company and its board Thursday, tossing some claims that they cheated a Canadian business out of $8.5 million in equity after fraudulently inducing the sale of a subsidiary specializing in plant-based extrusion technology.

  • August 27, 2026

    Ex-USI Manager Denies Enticing Clients To Rival Brokerage

    A former employee of the insurance brokerage giant USI told a Connecticut federal judge that the restrictive covenants he entered are unenforceable and he cannot be held liable for allegedly violating them when clients followed him to a rival firm.

  • August 27, 2026

    Sod Co. Seeks Sanctions Over Missing Trade Secrets Files

    A Colorado sod company asked a federal judge for sanctions in its trade secrets suit against former workers and competing businesses, arguing they failed to preserve electronic files that could show whether they possessed, transferred or used the company's confidential information.

  • August 27, 2026

    Mich. Hospitals Defend CVS 340B Drug Savings Suit

    University of Michigan Hospitals and Health Centers urged a Michigan federal judge Wednesday to preserve its suit claiming that CVS Health Corp. diverted millions of dollars earmarked for indigent healthcare to itself, saying the conduct clearly amounts to a racketeering scheme.

  • August 27, 2026

    UEFA Eyes Criminal Case Over Abandoned World Cup Sale

    European soccer's governing body is asking a Florida federal court for access to documents that may build its criminal case against FIFA's now-abandoned plans to sell off the commercial rights to the World Cup tournament.

  • August 27, 2026

    Boeing Says Bid To Depose Ex-Exec In 737 Suit Is Off Base

    The Boeing Co. is urging a Washington federal judge to toss a motion by Norwegian Air subsidiaries to depose a former senior executive in a suit over their purchase of 737 Max airplanes, saying it has no control over him, and he wouldn't have unique information relevant to the case anyway.

  • August 27, 2026

    Meta Staves Off 3D Artist's AI Training Suit, For Now

    A California federal judge has dismissed a Los Angeles-based 3D artist's proposed class action alleging Meta Platforms Inc. removed copyright management information from art that was used to train artificial intelligence, but gave the artist a chance to cure the suit's issues.

  • August 27, 2026

    Colo. Hospital Can't Split Discovery In Retirement Funds Suit

    A Colorado federal judge rejected a faith-based nonprofit hospital's bid for the court to bifurcate discovery in a lawsuit brought by former employees accusing the health system of mismanaging their retirement funds, finding the requested action "would hinder judicial economy."

  • August 27, 2026

    Insurer Looks To Bifurcate $50M COVID Coverage Trial In NC

    An insurer urged a North Carolina federal court to bifurcate an upcoming trial on claims that it improperly denied $50 million in coverage for an auto parts manufacturer's COVID-19 pandemic-related losses, arguing a jury may resolve the case entirely by looking at coverage issues first.

  • August 27, 2026

    11th Circ. Holds Real Estate Financier Liable For $56M Loan

    The Eleventh Circuit has found that a Florida real estate financier triggered default on a $56.3 million loan for three Houston, Austin and Dallas-area properties in Texas by filing for bankruptcy protection after assigning one property's management to a new entity, in a ruling favoring hotel lender Access Point Financial.

  • August 27, 2026

    Womble Bond Asks To Drop Dutch Software Client Over Rift

    Womble Bond Dickinson is looking to pull its representation of a Dutch software company after five years of a bitter trademark battle, citing a "fundamental disagreement" that has allegedly made it impossible for the firm to move forward as counsel of record.

  • August 27, 2026

    Faegre Drinker And Investor Trade Blame Over Depo Delays

    Faegre Drinker Biddle & Reath LLP this week pressed its bid to strike expert witnesses proffered by a real estate investor claiming the firm gave bad advice about a deal to buy an A&P shopping center, saying it made nine unsuccessful bids over the last three months to schedule two witnesses.

  • August 27, 2026

    Ex-Cannabis Tech Execs Say CEO Defamed Them After Firing

    Two former executives at Alpine IQ Inc. are suing the company and its CEO in Colorado federal court, alleging they were defamed when he falsely accused them of stealing Alpine's intellectual property after he summarily fired them.

  • August 26, 2026

    Blake Lively's 'Blunderbuss' $8M Atty Fee Bid Nets $407K

    A New York federal judge Wednesday awarded Blake Lively $407,452 in attorney fees and court costs in her defamation dispute with her "It Ends With Us" co-star Justin Baldoni, significantly less than the $8 million she had requested, citing her "blunderbuss approach" and flaws in records she submitted.

  • August 26, 2026

    Chemical Co. Reps Can't Dissolve $1.9M Trade Secret Verdict

    A federal judge on Tuesday rejected a request by three chemical sales representatives to undo a $1.9 million jury verdict for their former employer in a trade secret dispute, ruling that Silver Fern Chemical Inc. clearly demonstrated that they took confidential customer information that was valuable and not readily accessible elsewhere.

  • August 26, 2026

    Texas Appeals Court Affirms Injured Oil Worker's Loss

    An oil worker who was paralyzed when a wellhead fell on him failed to persuade a Texas appellate court to revive his negligence suit against the safety training contractor he blamed for the accident, with the court saying he presented no evidence that the company's training caused his injury.

  • August 26, 2026

    Mass Tort Firm Galindo Law Can Use Cash In Ch. 11

    A bankruptcy judge said he would give interim approval to Galindo Law Firm's package of first-day motions Wednesday, allowing it to use cash on hand to fund operations, after the Texas mass tort firm resolved a lender's objection.

  • August 26, 2026

    9th Circ. Panel Won't Revisit Boeing's $72M Trade Secret Loss

    A Ninth Circuit panel has rejected Boeing's bid for a panel rehearing of its August 2025 decision reinstating a $72 million jury verdict for electric jet startup Zunum Aero Inc. in a trade secret dispute, spurning the aerospace giant's fresh argument that the case belongs in the Federal Circuit because of the patent counterclaims involved.

  • August 26, 2026

    Detroit Can't Fully Shake Telecom's Fiber Access Suit

    A Michigan federal judge has allowed a telecommunications carrier to pursue claims that Detroit discriminated against it over access to city-controlled fiber conduit, while dismissing state constitutional, antitrust and mandamus counts. 

  • August 26, 2026

    Crypto CEO Says Investors Lack Proof In Refund Fraud Suit

    The CEO of Power Block Coin LLC, which does business as SmartFi, asked the Pennsylvania federal court for a win in a suit alleging he refused to fulfill their "buyback guarantee" of SmartFi tokens, saying the investors cannot even show they personally bought the tokens.

  • August 26, 2026

    Coffee Seller's Tax Suit Counterclaims Belong In Calif.

    The founder of a California coffee equipment manufacturer asked a Colorado state court judge Monday to dismiss the bulk of counterclaims from the founder of a Colorado coffee equipment provider who allegedly hid his company's true tax designation on a loan application to push through a merger.

  • August 26, 2026

    Mother Of Musk's Child Calls XAI Contract Breach Claim Faulty

    The mother of one of Elon Musk's children has told a Texas federal judge that fees xAI racked up in New York litigation cannot form the basis for the company's lawsuit in the Lone Star State, asking the court to dismiss xAI's lawsuit.

Expert Analysis

  • $100M Clean Air Act Ruling Transforms Parent Co. Liability

    Author Photo

    A Michigan federal court's recent decision in U.S. v. EES Coke Battery, holding a company liable for Clean Air Act violations at a plant owned by its subsidiary, weakens the legal shield between businesses and their corporate parents, and has started a legal battle that may last for years, say attorneys at Haynes Boone.

  • CFIUS' Mandate Misses Foreign Risk In Project Subcontracts

    Author Photo

    Recent calls for the Committee on Foreign Investment in the United States to review equity transactions like the Paramount Skydance-Warner Bros. deal miss a consequential oversight gap — CFIUS' inability to review the subcontracting layer of U.S. infrastructure projects, says Thibaut Giret at Alstef Group.

  • Looking At Drake's Diss Track Appeal Through An IP Lens

    Author Photo

    Though Drake's pending Second Circuit appeal over UMG's promotion of Kendrick Lamar's "Not Like Us" is formally about defamation, it shows that IP considerations can help identify records showing how a work traveled, which may guide courts when deciding context, says attorney Abdul Abdullahi.

  • Series

    Bass Fishing Makes Me A Better Lawyer

    Author Photo

    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • How Rated Note Feeders Help Insurers Tap Private Credit

    Author Photo

    With insurer investments comprising nearly a third of the private credit market, rated note feeders offer insurers a compelling way to access private credit yields through debt instruments by balancing key features of debt investment with the structural and economic profiles of private credit funds, say attorneys at Akin.

  • How Reincorporating In Texas May Alter Earnout Disputes

    Author Photo

    While the DExit debate has focused on shareholder suits, far less attention has been paid to what reincorporating in Texas means for M&A disputes, making it particularly important to understand the nuances between Delaware and Texas earnout jurisprudence, say attorneys at Selendy Gay.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

    Author Photo

    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • Structuring Space Nuclear Deals For Regulatory Risk

    Author Photo

    With the White House's recent focus on space nuclear power, a highly important question for companies that want to build orbital reactors, lunar surface systems or critical components is whether the transaction documents can handle foreign investment constraints, export controls and treaty-linked liability, says Kristie Blase at Frazer + Blase.

  • Texas Business Court Rulings Show Deal Terms Paramount

    Author Photo

    As the courts within the Texas Business Court system have begun reaching the substantive merits of the cases before them, they are persuasively demonstrating they will not only enforce the terms of transactions as written, but will also embrace a holistic approach to complex transaction documentation interpretation, says Christopher Pace at Winston Taylor.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q2

    Author Photo

    The year's second quarter brought several noteworthy financial services developments to California, including activity around a commercial finance oversight bill, the former Consumer Financial Protection Bureau head's appointment to lead a new consumer agency, and a ruling reinforcing viable bank-fintech partnerships, say attorneys at Manatt.

  • Quantum Readiness May Paradoxically Raise Contractor Risk

    Author Photo

    The organizations best positioned for the cryptographic system migration deadlines and other requirements under President Donald Trump’s recent quantum executive orders will be those able to inventory their cryptographic dependencies while protecting their vulnerability road map from adversaries, says Jesse Lemon at The Beckage Firm.

  • Justices Stand On Statutory Specifics In Cisco And Landor

    Author Photo

    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Commercial Contracts archive.