Commercial Contracts

  • August 24, 2026

    Ben & Jerry's Suit Against Magnum Trimmed, But Not Tossed

    A New York federal judge has largely trimmed a Ben & Jerry's lawsuit accusing its former parent company, Unilever, and its current parent, Magnum, of failing to respect the ice cream company's social mission, tossing seven out of 10 claims in the breach of contract suit.

  • August 24, 2026

    5th Circ. Revives Architect's IP Claims In Fractured Ruling

    A divided Fifth Circuit has revived an architectural firm's copyright infringement claims over the use of its home designs in a Texas residential development, while affirming the dismissal of claims alleging that the defendants stripped copyright information from marketing materials.

  • August 24, 2026

    Spirit Data Sale To Google Draws Objection From Springshot

    Software company Springshot Inc. has filed a limited objection to the $10 million sale of Spirit Aviation Holdings' business data to Google LLC for artificial intelligence training, saying some of the data being sold could potentially constitute Springshot's intellectual property.

  • August 24, 2026

    Fiat Chrysler Brings Defective Headrest Suit To Justices

    Fiat Chrysler is urging the U.S. Supreme Court to resolve a circuit split over whether an arbitrator or a court should decide the proper venue for a dispute involving a nonsignatory to an arbitration agreement, in a proposed class action over allegedly defective Jeep and Dodge headrests.

  • August 24, 2026

    2nd Circ. Says Nielsen Unbundling Order Starts Tuesday

    The Second Circuit has declared that the preliminary injunction blocking Nielsen from making Cumulus Media buy its local offerings to gain access to its national radio ratings data will go into effect Tuesday.

  • August 24, 2026

    Judge Preserves, But Narrows, IP Verdict Against NuVasive

    A Delaware federal judge on Monday kept in place much of a jury's infringement findings against NuVasive in a doctor's case against it over a group of spinal implant patents but found the jury's other infringement conclusions weren't supported by enough evidence.

  • August 24, 2026

    'Old Boys Club' Tainted College Prof's Review, Jurors Told

    A former professor at The College of New Jersey told a Garden State jury on Monday that the college's finance department was run like an old boys club and that her contract was not renewed because she's a woman.

  • August 24, 2026

    Avis Didn't Waive Arbitration In Insurance Fight, 3rd Circ. Says

    Avis Budget Group didn't waive its right to arbitrate a dispute over its supplemental liability insurance by deposing a pair of customers in discovery, the Third Circuit ruled Monday, saying the car rental company needed to develop a factual record before moving to compel arbitration.

  • August 24, 2026

    'Time Bubble' Doesn't Warrant 'RAW' TM Retrial, Judge Says

    An Arizona federal judge has denied a request for a new trial to a company suing a rival over its "RAW" rolling papers trademark, saying the company had not been prejudiced by the judge's decision to exclude evidence from May 2021 on and ordering the company to pay its rival over $3 million in attorney fees and costs.

  • August 24, 2026

    3rd Circ. Revives Exxon Unit's Bid To Arbitrate Royalties Claims

    ExxonMobil subsidiary XTO Energy Inc. will get another chance to pursue arbitration in a case over allegedly underpaid natural gas royalties, with the Third Circuit ruling Monday that litigating class claims for more than four years did not preclude its bid for an out-of-court resolution.

  • August 24, 2026

    DirecTV Opposes Nexstar's High Court Bid In Fee Case

    DirecTV has urged the U.S. Supreme Court not to grant a petition for review in the satellite provider's case accusing Nexstar of working with two other station owners to fix retransmission fees, arguing DirecTV's past licensing deals show it has standing to sue.

  • August 24, 2026

    11th Circ. Affirms $9M Loss For Chinese Circuit Board Maker

    The Eleventh Circuit has affirmed a $9.2 million judgment for the U.S. distributor of a Chinese circuit board manufacturer after finding that the manufacturer's lawsuit did not put the distributor's U.S. affiliate on notice it was being sued for its Hong Kong-based affiliate's unpaid invoices.

  • August 24, 2026

    AIG Owes Primary Coverage For $4.7M Ambulance Crash Deal

    An AIG unit owes primary coverage for a $4.75 million settlement of an underlying suit over an ambulance crash, a New Jersey federal court ruled, finding that a borough's coverage through a county joint insurance fund does not trigger an "other insurance" provision.

  • August 24, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week saw a wave of lawsuits involving corporate oversight, take-private deals, financing transactions, bankruptcy fallout, stockholder voting rights and disputes over control.

  • August 24, 2026

    Interference Cross-Claims Tossed In Pot Sale Contract Suit

    A Los Angeles judge has thrown out several interference cross-claims in a contract dispute over cannabis product distribution rights, finding that distributor Broadway Alliance hadn't sufficiently alleged that Stella Farms deliberately sabotaged its relationships with third parties.

  • August 24, 2026

    Zillow Avoids Trial As Redfin Agrees 'To Reenter Market'

    The Federal Trade Commission told a Virginia federal judge Monday that it had settled its lawsuit challenging a rental listings syndication deal that the agency said amounted to a $100 million payout by Zillow for the smaller Redfin listing service to exit the market.

  • August 21, 2026

    Wash. AG Pauses OG Case As 9th Circ. Weighs Preemption

    Washington's attorney general and its gambling commissioners have agreed to hold off on enforcing the state's gambling laws against prediction market platform OG, run by the North American Derivatives Exchange, while the Ninth Circuit decides related appeals that could resolve the underlying legal dispute.

  • August 21, 2026

    Produce Co. Says Staffing Firm Owes Defense In Pot Test Suit

    Plant-based protein food producer Myrtle Greens says it shouldn't be on the hook in a hiring discrimination lawsuit filed by a man who was turned away from a delivery job due to a positive drug test, arguing that all hiring is done by a third-party contractor that allegedly agreed to indemnify the food-maker.

  • August 21, 2026

    Kalshi Wants Wash. Ban Axed After State 'Blessed' Competitor

    Kalshi has urged a Washington state court to reconsider a recent order blocking the company from offering event contracts to the state's residents in most of its prediction market categories, raising equitable findings concerns and pointing to Washington's recent "blessing" of event contracts offered by one of Kalshi's competitors.

  • August 21, 2026

    Amazon Uses Twitch Streamers' Content To Train AI, Suit Says

    Twitch and Amazon were hit with a proposed class action in California federal court Thursday by a Twitch streamer who says the companies are exploiting and using his live broadcasts, images and recorded videos to train Amazon's generative AI models by default, without obtaining their consent.

  • August 21, 2026

    Verdict Bars Ex-Fla. Rep's 'Sham' Contract Claim, Oil Co. Says

    The U.S. affiliate of Venezuela's state oil company urged a New York federal court Friday to toss a former Florida congressman's counterclaim alleging he's still owed $30 million under a consulting contract, saying his conviction on charges of failing to register as a foreign agent shows the agreement was a "sham."

  • August 21, 2026

    Pharma Co. Loses Challenge To $3M Acne Drug Arb. Award

    A New York federal court confirmed an arbitrator's finding that Sun Pharmaceuticals breached an agreement with the owner of an acne drug by seeking regulatory approval to market a version of the drug in Canada, rejecting arguments that the arbitrator wrongly relied on extrinsic evidence.

  • August 21, 2026

    Australian Enforcer Sues Subaru Over Right To Repair

    Australia's competition enforcer is taking Subaru to court, accusing the Australian arm of the Japanese car manufacturer of breaking the country's antitrust laws by failing to offer all car mechanics the diagnostic capabilities that it gives Subaru-affiliated repair shops.

  • August 21, 2026

    OhioHealth Faces Suit Over Insurance Contract Terms

    An Ohio health system has been hit with a proposed class action over its contractual restraints that a union health plan alleges prevent cheaper insurance providers from gaining a foothold in the market.

  • August 21, 2026

    Siser's $500K Misrepresentation Claims Survive Vinyl Dispute

    A Michigan federal judge on Friday pared down a vinyl manufacturer's lawsuit seeking more than $3.1 million from a distributor that allegedly stopped paying its bills and shut down, allowing misrepresentation claims tied to about $500,000 in additional shipments to proceed while dismissing unjust enrichment, conversion and corporate veil-piercing claims. 

Expert Analysis

  • Contract Language Reigned Supreme In Bancorp Dismissal

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    A Minnesota federal court's recent dismissal of claims over U.S. Bancorp's cash sweep program underscores that clear contractual disclosures hold weight in class actions, demonstrating the power of contract language that plainly indicates terms, fiduciary limits and institutional benefits to customers, says Quin Seiler at Winthrop & Weinstine.

  • Series

    Officiating Football Makes Me A Better Lawyer

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    Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

  • Series

    Law School's Missed Lessons: How To Draft Pleadings

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    Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

  • 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.

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