Commercial Contracts

  • October 01, 2026

    Construction Co. Says Insurance Broker Misled On Coverage

    A Connecticut construction company said an insurance brokerage neglected its responsibility to secure a policy and then later misrepresented why the construction company wouldn't receive coverage for a worker's personal injury suit.

  • October 01, 2026

    Fed. Circ. Backs Galderma In Injection Training IP Case

    The Federal Circuit on Thursday affirmed an order clearing Galderma SA of a medical training startup's accusations that it misappropriated trade secrets related to an injection training system and derailed what could have been a lucrative deal with Allergan PLC.

  • October 01, 2026

    Developer Bound By Emailed Settlement Offer, Court Says

    A three-sentence email with the subject line "settlement communication," which proposed a meeting followed by dismissal of a lawsuit over a real estate development, was a binding agreement to end the case, Massachusetts' intermediate-level appellate court said Thursday.

  • October 01, 2026

    FBT Gibbons Beats DQ Bid In Suit Over Cigna Payments

    A New Jersey state court judge has rejected a plastic surgery practice's bid to disqualify FBT Gibbons LLP from representing Cigna and a group of employer-sponsored health plans in its suit over the insurer's alleged underpayments, finding the bid appears more of an effort to gain an advantage rather than one to protect the interests of any client.

  • October 01, 2026

    Ambiguous Bond Terms Net FDIC Win In SVB Coverage Fight

    Two insurers must provide coverage to the Federal Deposit Insurance Corp., as receiver for Silicon Valley Bank, for the bank's claim for losses from a $73 million fraud scheme, a North Carolina federal judge ruled, finding ambiguity in bond contract language tipped the scales in the insured's favor.

  • October 01, 2026

    Food Workers' Gear Pay Suit Against Campbell's Survives

    Pepperidge Farm food production workers cleared a hurdle in a proposed class action accusing the snack-maker and its parent, Campbell's, of failing to pay for time spent donning and doffing required protective gear, as a New Jersey federal court found they adequately alleged federal and state wage claims.

  • September 30, 2026

    Ex-HSBC Exec Tells Jury Huawei CFO Vouched For Iran Biz

    A former HSBC executive on Wednesday testified in the racketeering trial of Huawei and three subsidiaries that he thought the Chinese telecommunications firm's business dealings in Iran were aboveboard, following assurances during a 2013 meeting from Huawei's chief financial officer.

  • September 30, 2026

    9th Circ. Judges Doubt X's Claims Against Anti-Hate Group

    Ninth Circuit judges appeared skeptical Wednesday of X Corp.'s bid to revive claims against two nonprofits for scraping tweets to study online hate speech, with one judge questioning X's contract damages claim and another doubting that the nonprofits could be held liable for publishing true information.

  • September 30, 2026

    Parler Ex-CEO Makes Final Trial Pitch For $100M Damages

    The former CEO of social media site Parler made his final argument Wednesday that he was wrongly stripped of a stake worth up to $100 million, with his lawyer telling a Nevada jury a valuation finding the entire company worth $10.81 was "bunk."

  • September 30, 2026

    Victoria's Secret Violated Deal For Instagram Ad, Model Says

    Victoria's Secret unlawfully used a professional model's entire face in a recent Instagram perfume advertisement, despite explicit restrictions in the parties' contract to use less than 30%, and refused to pay additional compensation for doing so, according to a right-of-publicity lawsuit filed in California federal court.

  • September 30, 2026

    Baby Food Co. Will Keep Posting Test Results, Texas AG Says

    Baby food company Plum Organics has committed to continuing to publish heavy metal test results for its infant food products, according to a deal it signed with the Texas attorney general's office to end a state investigation.

  • September 30, 2026

    Valve Order Allows 15K Antitrust Arbitrations To Be Closed

    A federal judge in Seattle refused Wednesday to issue a preliminary injunction to curb the closure of nearly 15,000 gamers' antitrust arbitrations against entertainment giant Valve Corp., finding that plaintiff Jeffrey Smith failed to show that closing the arbitrations would cause irreparable harm.

  • September 30, 2026

    Baker Donelson Gets 2nd Chance To Toss Malpractice Suit

    A Florida state appeals court reversed an order denying law firm Baker Donelson's bid to escape a construction company's malpractice lawsuit alleging it relied on bad legal advice, saying Wednesday the lower court must first determine if any misconduct occurred in the Sunshine State. 

  • September 30, 2026

    Delta Concealed Noncompetes, Wash. Class Action Claims

    Delta Air Lines Inc. broke Washington state law by failing to disclose the terms of its noncompetition restrictions to job applicants before they accepted employment, a worker has claimed in a proposed class action filed in King County Superior Court.

  • September 30, 2026

    Email Feud Tied To Brothers' Cannabis Venture Heads To Trial

    A contentious legal battle between a pair of siblings who once co-owned cannabis businesses is heading to trial, a Michigan federal judge said Wednesday, ruling that there are genuine questions about one brother's downloading of the other's emails that require a jury trial to resolve.

  • September 30, 2026

    Military Drone Makers' Trade Secrets Suit Survives Dismissal

    A Utah federal judge has allowed two military drone companies to proceed with most of their lawsuit accusing a former executive and his new company of misappropriating trade secrets to compete in the military drone market.

  • September 30, 2026

    PR Rebar Cos. Can't Duck Price-Fixing Claims

    A Puerto Rico federal judge refused Wednesday to let steel rebar companies and one of their executives duck price-fixing claims from construction companies and consumers, citing instant messages discussing the alleged scheme and rejecting arguments that the island hasn't expressly allowed antitrust allegations from indirect buyers.

  • September 30, 2026

    Joby Air Taxi Trade Secrets Suit Against Archer Trimmed

    A California federal judge has cleared Joby Aviation to advance a slimmed-down lawsuit alleging rival electric air-taxi developer Archer Aviation misappropriated its trade secrets, but again rejected Archer's counterclaims alleging Joby unfairly jockeyed for government contracts and concealed its pervasive China ties.

  • September 30, 2026

    FTC Asks Texas Court To Keep Trans Health Suit Intact

    The Federal Trade Commission asked a Texas federal court to keep intact its lawsuit against World Professional Association for Transgender Health, saying Tuesday that it adequately pled that the organization published medically dubious, self-serving trans guidelines that push "dangerous and experimental treatments."

  • September 30, 2026

    NC City Public Housing Chief Loses Race Bias Suit

    A North Carolina federal judge tossed a race discrimination and breach of contract suit lawsuit filed by the former chief executive officer of a city's public housing authority, holding that she failed to allege that her rights were violated by a municipal policy.

  • September 30, 2026

    11th Circ. Skeptical Of PACE Lenders' CFPB Rule Challenge

    An Eleventh Circuit panel on Wednesday appeared poised to reject an industry challenge to Biden-era Consumer Financial Protection Bureau rules for providers of property-assessed clean-energy loans, repeatedly questioning claims that the agency overstepped its authority.

  • September 30, 2026

    Pharma Co. Says Mass. Plant Hid FDA Sterility Concerns

    A North Carolina pharmaceutical company says in a complaint filed Wednesday in Massachusetts state court that the company it hired to package a drug for clinical trials involving young children intentionally downplayed a U.S. Food and Drug Administration inspection that flagged multiple contamination issues.

  • September 30, 2026

    T-Mobile Users' Rate Hike Class Claims Sent To Arbitration

    Consumers in a proposed class action against T-Mobile over alleged wireless plan rate hikes must arbitrate their claims individually, a Washington federal judge said Tuesday, agreeing with the company the customers consented to an arbitration pact by continuing to use and pay for service after receiving notice of updated terms.

  • September 30, 2026

    Mallinckrodt Must Face Painkiller Contract Breach Claims

    A Pennsylvania federal judge maintained a drugmaker's contract violation claims against a pharmaceutical ingredient company for allegedly failing to provide the materials needed to make two kinds of painkillers, but held that the drugmaker's claims of market monopolization fell short.

  • September 30, 2026

    Rapper Rick Ross Sued For Being A No-Show At NC Concerts

    A concert production company has accused rapper Rick Ross of bailing at the last minute on two concerts in North Carolina during his anniversary tour, allegedly causing hundreds of thousands of dollars in losses in the form of ticket refunds and cancellation fees.

Expert Analysis

  • 8 Ways 2026's Market Divide Is Rewriting Real Estate Risk

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    As construction activity increasingly concentrates in data centers, healthcare and other resilient sectors, real estate developers and their counsel in the second half of 2026 should consider earlier risk allocation and more protective contract terms, and expect greater pressure on labor, pricing and infrastructure, say attorneys at Cozen O'Connor.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • As Quantum Computing Evolves, So Do Antitrust Risks

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    Amid quantum computing's increased strategic importance there are five potential antitrust fault lines that may arise not only between quantum developers, but also within and across the layers of the stack as the industry matures, say attorneys at Proskauer.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Examining 3 Notable DOL Moves In The First Half Of 2026

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    With the U.S. Department of Labor addressing independent contractor classification, joint employment and white collar exemptions so far this year, employers must understand this shifting landscape to ensure proper treatment of employees based on their classification and to mitigate enforcement risk, say attorneys at Conn Maciel.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Brief Iran Sanctions Pause Will Most Benefit Non-US Cos.

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    Due to its short duration, the Office of Foreign Assets Control’s recently issued general license easing Iran sanctions will mostly benefit companies with preexisting commercial relationships involving Iranian petroleum, and is unlikely to mitigate overcompliance and de-risking behavior by U.S. and foreign financial institutions, says Michelle Roberts at Berliner Corcoran.

  • Okla. Reforms Will Curb Oil, Gas Royalty Litigation Risk

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    Recent amendments to Oklahoma's Production Revenue Standards Act — the most comprehensive in decades — raise the stakes for true noncompliance with the state's oil and gas royalty payment framework, while offering operators clearer rules, defined interest boundaries and predictable exits from prolonged suspense situations, say attorneys at GableGotwals.

  • Tracking The Rare 'Quick Look' Win In FTC's Zillow-Redfin Suit

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    The Federal Trade Commission’s suit claiming that Zillow illegally paid Redfin to exit the apartment rental market is one to watch because its early success under the less rigorous “quick look” standard of antitrust review could turn into a rare case won under the doctrine, say attorneys at Axinn.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • A Lender's Guide To Fraud: Identifying Risks

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    The evolving lending landscape, particularly the private credit boom, has heightened lenders' exposure to fraud, but recent bankruptcies demonstrate where fraud risks most commonly materialize and how banks can mitigate exposure at the outset, say attorneys at Moore & Van Allen.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

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