Commercial Contracts

  • September 11, 2026

    Fed. Circ. Scrutinizes Presumptive Date In Turkish Rebar Row

    A Federal Circuit panel on Friday looked to clarify the effect of the U.S. Department of Commerce's presumption that invoice dates are generally the best option for determining dates of sale during duty investigations, with a Turkish company claiming the presumption cost it $20 million.

  • September 11, 2026

    Insurer May Be On The Hook For Debt Collector's Defense

    Claims that a debt collector engaged in an illegal collection scheme aren't covered under its policy with a Nationwide unit, but the insurer may owe coverage if it is found to have acted in bad faith while defending the company, a Washington federal court ruled.

  • September 11, 2026

    LA Judge Rejects Bid For $134K Default In Pot Co. Loan Suit

    A California state judge has rejected a lender's bid for default judgment in a suit alleging that a cannabis oil extraction company's owner failed to pay back a $134,000 loan, saying the lender is asking for too much without sufficient evidence.

  • September 10, 2026

    Huawei Ripped Off Amazon Cloud Platform IP, Jury Hears

    A former engineer for a U.S. subsidiary of Huawei on Thursday testified that she was shocked and upset after a colleague boasted of co-opting patented code used in Amazon's cloud computing platform, the first of several Huawei employees that are expected to take the stand in the Chinese telecommunications company's RICO trial in New York federal court. 

  • September 10, 2026

    Lilly Owes Nektar $1B If It Breached Rezpeg Deal, Jury Told

    Nektar Therapeutics' damages expert told a California federal jury on Thursday that Eli Lilly & Co. could owe the biotechnology company nearly $1 billion if it finds that the pharmaceutical giant breached a license agreement to co-develop Nektar's autoimmune-disease drug Rezpeg.

  • September 10, 2026

    JPMorgan Aided Ex-Atty Kossoff's $18.5M Theft, Trustee Says

    The Chapter 7 trustee representing bankrupt firm Kossoff PLLC on Wednesday sued JPMorgan Chase Bank NA, claiming the bank helped the firm's principal steal at least $18.5 million from clients, and it "should be made to account."

  • September 10, 2026

    SpaceXAI Says Alleged Grok Child Porn Maker Must Indemnify It

    SpaceXAI LLC on Thursday accused a Pennsylvania man of using its artificial intelligence tool Grok to generate child sexual abuse material, telling a Texas federal court that the man breached the terms of service agreement and must indemnify the company.

  • September 10, 2026

    Princeton Must Face Title IX Claim Tied To Gender Bias

    A New Jersey federal judge refused to end a former Princeton University student's claims stemming from his expulsion after an investigation into his ex-romantic partner's allegations of violence, finding that a jury could conclude that gender played a role in the outcome.

  • September 10, 2026

    Nielsen Tells 2nd Circ. Court Altered Terms Of Cumulus Order

    Nielsen is headed back to the Second Circuit after a New York federal court changed the terms of a preliminary injunction that the appellate court had already upheld, the company said, requiring Nielsen to not only unbundle its national radio ratings data from its local offerings but also to provide that data on specific terms.

  • September 10, 2026

    6th Circ. Nixes $31.8M Pot Farm Judgment Against Curaleaf

    The Sixth Circuit on Thursday reversed a $31.8 million jury judgment against cannabis giant Curaleaf, saying the federal illegality of cannabis precluded federal courts from enforcing contracts that require parties to commit federal crimes.

  • September 10, 2026

    US, Ohio Settle 15-Year Dam Mining Dispute

    The federal government and Ohio have decided to settle their more than 15-year legal battle over the state's authorization of coal mining near a federal dam and reservoir.

  • September 10, 2026

    Clinical Trial Buyer Says Ex-Owner Breached $100M Deal

    Surge ECN Holdings LLC and ECN Operating LLC have accused the former owner of a clinical trial research network of violating a five-year noncompete and other restrictions tied to a deal worth more than $100 million, alleging he diverted customers, recruited key physicians and used confidential information to build a competing business.

  • September 10, 2026

    Drone Co., Ex-VP Reach Deal Resolving Pay, Sabotage Claims

    A company that makes emergency response drones and its former vice president of sales have settled a dispute in which the executive alleged he was stiffed on pay and the company accused him of trying to sabotage its business, court records show.

  • September 10, 2026

    Hospitals Say Mich. BCBS Unit Owes For Out-Of-State Care

    A Michigan Blue Cross Blue Shield unit owes a group of hospitals more than $800,000 in reimbursement for health services they provided to patients covered under out-of-state BCBS plans, the hospitals allege in a complaint in Michigan federal court.

  • September 10, 2026

    EchoStar Says Ex-VP Violated Noncompete In Move To Rival

    A former executive vice president of EchoStar Corp. violated his noncompete agreement when he left his role at the company to take a COO position with a rival company just two weeks later, the telecommunication giant alleged in Colorado state court Wednesday.

  • September 10, 2026

    Deutsche Bank Says Viks Seek To Delay Norway Case Fight

    Deutsche Bank AG has urged a Connecticut state court to reject a request by billionaire Alexander Vik and his daughter to hold two trials as they seek an anti-suit injunction, arguing that they are just trying to extend a court-ordered block on litigation in Norway despite a recent appellate decision gutting the rationale for the injunction.

  • September 10, 2026

    Cold Brew Equipment Co. Owner Must Hand Over Assets

    The founder and minority owner of a cold brew equipment company has agreed to hand over passwords, customer information, software and other company assets to its majority owner in a dispute over control of the business following a 2024 acquisition, according to a Colorado state court filing.

  • September 09, 2026

    Nektar CEO Opens Door To Finance Questions In Eli Lilly Trial

    Nektar Therapeutics failed Wednesday to block evidence of its financial condition from entering into a California federal trial over a failed deal to codevelop its drug Rezpeg with Eli Lilly, after its CEO's testimony on cross-examination prompted the judge to allow the evidence for impeachment purposes.

  • September 09, 2026

    Fed. Circ. Eyes PTAB Cases That May Sink $445M Netlist Win

    A $445 million verdict against Micron Technology Inc. for infringing two Netlist Inc. computer memory patents hung in the balance Wednesday, as a Federal Circuit panel questioned Netlist's arguments that the Patent Trial and Appeal Board wrongly found claims in both patents invalid.

  • September 09, 2026

    Crypto Org. Taps Prelogar To Back CFTC's Side In Perps Fight

    A crypto policy group advocating for perpetual derivatives markets hired former U.S. Solicitor General Elizabeth Prelogar to pen a brief backing the U.S. Commodity Futures Trading Commission's approval of bitcoin perpetual contracts as the agency fights a challenge from the Chicago Mercantile Exchange.

  • September 09, 2026

    Court Lets Stand Exxon Win In Decade-Old Securities Case

    A Texas federal judge denied a motion by a class of Exxon Mobil Corp. investors seeking a new trial in a 10-year-old securities class action claiming the energy giant misled shareholders, saying Wednesday that the company's closing arguments did not prejudice the jury.

  • September 09, 2026

    Stiiizy Beats Bid To Block Packaging Supplier Switch

    A California federal judge said she won't force cannabis distributor Stiiizy Inc. to exclusively buy packaging from an Aurora, Colorado-based supplier, saying the alleged multimillion-dollars in damages caused in this contract dispute do not justify jumping to such an "extraordinary" remedy.

  • September 09, 2026

    Real Estate Firm Says Insurers Owe $5.3M For Motel Damage

    A pair of insurers under the Berkshire Hathaway Inc. and Munich Re umbrellas wrongly refused to cover over $5.3 million in damage to a motel that a real estate company purchased to convert into affordable housing, according to a complaint removed to Washington federal court.

  • September 09, 2026

    Texas Justices Deny Bid To Undo $37M Arbitration Award

    The Texas Supreme Court on Wednesday declined to take up a bid by a Dallas-based alternative investment company seeking to toss a $37 million arbitration award in favor of the company's former director.

  • September 09, 2026

    Amazon Urges NY Court To Deny E-Book Antitrust Class Cert.

    Amazon on Tuesday objected to a New York federal magistrate judge's recommendation to certify a class of over 30 million customers in a suit accusing it of monopolizing the e-book market, saying the judge disregarded proof that a significant share of the consumers benefited from the challenged practices.

Expert Analysis

  • How Bankrupt Cos. Can Seek Refunds For Illegal Tariffs

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    In light of the U.S. Supreme Court's recent decision striking down President Donald Trump's International Emergency Economic Powers Act tariffs as illegal, some companies may have strong prospects for recovering refunds from the government, and trustees in bankruptcy may have a significant role to play in seeking such recovery, say attorneys at Stinson.

  • 5 Gov't Contractor Tips Following Anthropic Risk Designation

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    The Pentagon's designation of Anthropic as a supply chain risk is an unprecedented action that raises significant legal questions, and with government contractors already receiving directives and inquiries concerning their use of Anthropic products and services, there are several strategies contractors can use to manage risk, say attorneys at Mayer Brown.

  • Duke Energy Settlement Raises Key Antitrust Questions

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    The recent federal court settlement in Duke Energy v. NTE Carolinas II comes in the wake of the U.S. Supreme Court's failure to address a Fourth Circuit decision in the matter, calling into question the core purpose and effect of antitrust laws, say attorneys at Clifford Chance.

  • How Data Centers Can Prep For Legal Challenges Amid War

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    Amid conflict in the Middle East, data centers may now be exposed to state-level kinetic threats, creating significant legal, regulatory and contractual implications, so operators should update their legal and operational frameworks in order to withstand future disruptions and meet the regulator expectations, say attorneys at Baker Botts.

  • Series

    Coaching Soccer Makes Me A Better Lawyer

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    Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

  • Series

    Law School's Missed Lessons: The Human Element

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    Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

  • Time Limit Case Highlights How Justices Apply Federal Rules

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    In Coney Island Auto Parts Unlimited v. Burton, the U.S. Supreme Court sided with the minority in a circuit split on when a litigant can seek relief from an allegedly void judgment — but the decision's most important lessons may be about the high court's interpretive approach to the Federal Rules of Civil Procedure, say attorneys at McDermott.

  • Avoid The Unexpected When Drafting License Agreements

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    The Delaware Court of Chancery's recent decision in Commave v. Zevrain raises several practice points for attorneys drafting commercial contracts, underscoring the importance of considering anti-assignment provisions, specific exclusions and potential carveouts when drafting license agreements or other commercial contracts, say attorneys at Hogan Lovells.

  • A Reliable Liability Shield For Government-Sponsored R&D

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    The Federal Circuit's decision in Arlton v. AeroVironment last month confirms that the Section 1498 liability-shifting framework applies well beyond production contracts, providing powerful assurance that contractors performing government-directed work are shielded from patent infringement liability, say attorneys at Morgan Lewis.

  • The Benefits Of Choosing A Niche Practice In The AI Age

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    As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

  • Section 122 Tariffs Show Shift In Strategy, Not Trade Policy

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    By imposing temporary tariffs under Section 122 of the Trade Act as a stopgap measure while it pivots to less transitory statutory authorities, the Trump administration sent a clear message that the U.S. Supreme Court’s decision in Learning Resources v. Trump, invalidating duties imposed under the International Emergency Economic Powers Act, will not precipitate a change in policy direction, say attorneys at Snell & Wilmer.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • Structuring Water Agreements For Data Center Development

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    For developers of artificial intelligence data centers, water use is now a threshold feasibility and financing variable amid a regulatory landscape with a state-driven push for transparency and federal push to streamline pathways for AI-related infrastructure, say attorneys at Pillsbury.

  • Lessons From Justices' Split On Major Questions Doctrine

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    The justices' varied opinions in Learning Resources v. Trump, which held the International Emergency Economy Powers Act did not confer the power to impose tariffs, offer a meaningful window into the U.S. Supreme Court's perspective on the major questions doctrine that will likely shape lower courts' approach to executive action challenges, say attorneys at Venable.

  • Proposed DOL Rule Could Simplify Contractor Classification

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    If the U.S. Department of Labor's recently proposed rule governing employee versus independent contractor classification is finalized, it would permit energy sector employers to evaluate the nature of the working relationship with a more straightforward and predictable analysis than the 2024 rule's unweighted test, say attorneys at Bracewell.

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