Commercial Contracts

  • January 20, 2026

    Texas AG Says State Diversity Initiatives Breach Constitution

    Texas Attorney General Ken Paxton took aim at a plethora of state diversity initiatives in a Monday opinion, declaring that several minority-owned business assistance programs and private hiring practices run afoul of the Texas Constitution.

  • January 20, 2026

    Comulate Alleges Anticompetitive Tactics By Applied Systems

    A maker of software for insurance brokers has further escalated its dispute with rival Applied Systems Inc., lodging a new lawsuit in Illinois federal court over an alleged campaign to eliminate a competitor it was unable to acquire.

  • January 20, 2026

    Zillow, Redfin Must Produce CEO Docs In FTC's Antitrust Case

    A Virginia federal magistrate judge gave the Federal Trade Commission a limited peek Tuesday into the communications between the CEOs of Zillow and Redfin over an alleged deal paying Redfin more than $100 million not to compete for rental listings, partially overriding Zillow's objections in a ruling from the bench.

  • January 20, 2026

    Ex-Med Spa Workers Say Poaching Claims Can't Stay In Conn.

    Two former Connecticut medical spa workers have asked a judge to dismiss claims they lured clients and a colleague to a nearby competitor, saying their employment agreements select Delaware as the necessary forum and venue for any dispute.

  • January 20, 2026

    Sandisk Inks Deal To License Memory Patents

    Computer technology company Sandisk has been granted a license to a portfolio of patents owned by a flash memory technology company, a move that came just after the parties agreed to end a patent dispute in California federal court.

  • January 20, 2026

    Broker-Dealer, Mutual Firm Fight Trimmed By Judge

    A Washington federal judge has dismissed claims by financial services company Leader Capital Corp., accusing a broker-dealer and a marketing services company of making misleading representations to investors about Leader Capital's compliance with securities laws, but allowed a counterclaim by the broker-dealer to proceed.

  • January 20, 2026

    North Carolina AG Wins Bid To End MV Realty's 40-Year Deals

    Florida real estate company MV Realty defied state consumer protection statutes in North Carolina by tricking homeowners into signing decades-long listing agreements in exchange for small cash advances, a state Business Court judge said in handing the attorney general a major pretrial victory.

  • January 20, 2026

    2nd Circ. Says US Not Venue For Kazakhstani Gov't Dispute

    A Second Circuit panel refused to revive a Kazakhstani businessman's suit against his business partners and the country's National Security Committee over an alleged scheme that made him take the fall for misappropriated funds used for bribes, determining the suit didn't belong in the U.S.

  • January 20, 2026

    McCarter & English Knocks Down Biotech Malpractice Appeal

    A New Jersey appellate court on Tuesday upheld the dismissal of a biotech company's malpractice and related claims against McCarter & English LLP, finding the biotech company was required to bring those allegations during the firm's earlier suit to recover more than $837,000 in unpaid legal fees.

  • January 20, 2026

    Proposed Class Action Targets Fanatics' Wager Limit Rules

    A betting platform breaking multiple state laws to raise a user's self-imposed deposit limit is a clear enough violation for the user to be granted a quick lawsuit victory, a Michigan federal judge has been told.

  • January 20, 2026

    NJ Sues Nursing Home Owners Over Missing Medicaid Funds

    The New Jersey Office of the State Comptroller has demanded the owners of two Garden State nursing homes repay millions in Medicaid funds the office recently found they diverted to themselves while neglecting their facilities' residents, according to a complaint filed Monday.

  • January 20, 2026

    AI Firm Countersues Legal Publisher For Breach Of Contract

    Artificial intelligence startup Alexi Technologies has accused Fastcase Inc. and its owner of weaponizing the legal system after the legal research firm filed a lawsuit in November claiming the AI company breached a former business relationship.

  • January 20, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court wrapped up last week with a mix of deal litigation, governance fights and disclosure battles, including a proposed settlement over a contested medical device sale, a merits dismissal tied to a $2 billion biotech exit and dueling lawsuits over Paramount Skydance's pursuit of Warner Bros. Discovery.

  • January 20, 2026

    Wash. Man Not Covered In Grocery Store Shooting Suit

    A home insurer has no duty to defend or indemnify a Washington man who was convicted in a grocery store shooting in a related civil suit, a federal court ruled, saying the policy does not cover intentional acts.

  • January 16, 2026

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2025, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.

  • January 16, 2026

    What To Expect From USPTO's Essential Patent Group

    The U.S. Patent and Trademark Office's new working group aimed at promoting "robust and predictable" standard-essential patent remedies will face challenges in its goal of clarifying patent valuations, but could encourage more lawsuits and participation in standards, attorneys say.

  • January 16, 2026

    Amazon Beats Suit Claiming Misuse Of Forfeited 401(k) Funds

    A Washington federal judge has thrown out two workers' proposed class action accusing Amazon of using millions in abandoned retirement plan funds to offset its matching contributions instead of defraying administrative costs for participants, concluding Friday that the company followed the plan's terms.

  • January 16, 2026

    6th Circ. Revives Biomed Co. Investor's Suit Over Stock Sale

    The Sixth Circuit has ruled that a man who sold his stock in a biomedical research company just before being told the company planned to pursue private equity financing can bring his breach of contract and fiduciary duty claims, reversing a lower court's ruling granting summary judgment to the biomedical company.

  • January 16, 2026

    $29M Deal In Boeing Supplier Fraud Suit Gets Final OK

    A New York federal judge on Friday approved a $29 million deal to close out a suit alleging that Spirit AeroSystems Holdings Inc. misled investors by failing to disclose pervasive quality problems and a documented history of supplying its chief customer, The Boeing Co., with defective plane parts.

  • January 16, 2026

    DC Circ. Skeptical Of Reviving $53M Iraq Debt Suit

    A panel of the District of Columbia Circuit appeared wary during oral arguments Friday of a Jordanian company's position that statements made by Iraqi government officials encouraging it to file litigation to enforce a $53 million debt owed by the country meant it had waived its sovereign immunity.

  • January 16, 2026

    Chancery Won't Force Restart Of Calif. Plant Conversion Work

    Branding the proceeding "a big waste of our time," a Delaware vice chancellor denied on Friday a bid to preliminarily enjoin Air Products and Chemicals Inc. from terminating an agreement on the conversion of a Paramount, California, asphalt plant into a factory to make biofuel for aircraft.

  • January 16, 2026

    NuVasive Loses Appeal Over Ex-Exec's Ties To Competitor

    The Delaware Supreme Court on Friday affirmed the dismissal of NuVasive Inc.'s long-running lawsuit accusing a former top executive of breaching fiduciary duties and contractual obligations while planning to move to a rival spine-surgery company, ending nearly a decade of litigation over alleged conflicts and disloyal conduct.

  • January 16, 2026

    Judge Backs Employment Law Firm's 'Harmless Flirting' Ad

    A New York federal judge said an employment law firm would probably win its constitutional challenge to the rejection of a billboard advertising its willingness to sue companies that dismiss sexual harassment as "harmless flirting," calling a Syracuse airport authority's concerns that the ad pushed false information "nonsense."

  • January 16, 2026

    Pension Withdrawal Liability Math Gets High Court Spotlight

    The U.S. Supreme Court will zero in Tuesday on the methodology for assessing the liability of companies that pull out of multiemployer pension plans, hearing arguments in a case attorneys say could have costly implications for employers.

  • January 16, 2026

    OpenAI, Microsoft Must Face Musk Fraud Fight In April Trial

    A California federal judge denied OpenAI Inc.'s request for summary judgment on Elon Musk's claims OpenAI duped him into donating $38 million with false promises of remaining a nonprofit, while trimming some claims against Microsoft Corp. and sending the bifurcated dispute to an April jury trial.

Expert Analysis

  • Sales And Use Tax Strategies For Renewables After OBBBA

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    With the One Big Beautiful Bill Act sharply curtailing federal tax incentives for solar and wind projects, it is vital for developers to carefully manage state and local sales and use tax exposures through early planning and careful contract structuring, say advisers at KPMG.

  • Series

    Writing Musicals Makes Me A Better Lawyer

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    My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.

  • Series

    Adapting To Private Practice: From Va. AUSA To Mid-Law

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    Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.

  • 7 Document Review Concepts New Attorneys Need To Know

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    For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.

  • FTC Actions Highlight New Noncompete Enforcement Strategy

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    Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.

  • How Trump's Space Order May Ease Industry's Growth

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    President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.

  • Liability Lessons From Luxury Cruise Thwarted By Sanctions

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    An ongoing legal dispute over a canceled luxury cruise to the North Pole reminds attorneys that liability can surface even before a ship leaves the dock — and that U.S. sanctions law increasingly lurks in the background of global travel contracts, says Peter Walsh at The Cruise Injury Law Firm.

  • Agentic AI Puts A New Twist On Attorney Ethics Obligations

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    As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

  • How GILTI Reform Affects M&A Golden Parachute Planning

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    Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.

  • Series

    Law School's Missed Lessons: Adapting To The Age Of AI

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    Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.

  • Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning

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    A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.

  • Demystifying The Civil Procedure Rules Amendment Process

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    Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.

  • How The 5th, DC Circuits Agreed On FCC Forfeiture Orders

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    The Fifth and D.C. Circuits split this year on the Federal Communications Commission's process for adjudicating enforcement actions, but both implicitly recognized the problem with penalizing a party based on a forfeiture order that has not yet been challenged in any way in court, says Jared Marx at HWG.

  • With Obligor Ruling, Ohio Justices Calm Lending Waters

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    A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.

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