Commercial Contracts

  • October 16, 2026

    Whataburger Can't Arbitrate Ex-Worker's Sex Assault Suit

    A Texas appellate court has declined to send a former Whataburger employee's lawsuit to arbitration, finding that the allegations of unwanted sexual touching trigger a federal law that bars arbitration of sexual assault and sexual harassment claims.

  • October 16, 2026

    Nasdaq Sued Over Delisting Of Social Media Co.

    A social media company that has pitched itself as an alternative to TikTok has sued Nasdaq in Delaware Chancery Court, asking the court to relist its shares while it fights what it says was an "arbitrary and capricious" decision to boot the company off the exchange.

  • October 16, 2026

    CFPB Looks To Collect $144M In CashCall Bank Row

    The Consumer Financial Protection Bureau has asked a California federal judge to order Merchants Bank of Indiana to hand over $144 million in collateral it has held for lender CashCall, arguing the bank acted in bad faith by delaying enforcement of the judgment against CashCall by retaining the funds.

  • October 16, 2026

    Investment Co. Can't Exit Laos $5M Casino Award Fight

    A federal judge has refused to dismiss an investment company from the government of Laos' latest bid to enforce about $5 million in arbitral awards stemming from an ill-fated casino venture, ruling that the firm must face the suit in Saipan even though it is incorporated in Macau.

  • October 16, 2026

    Hospital Operator Challenges NC AG's Power Over Merger

    HCA Healthcare is taking another crack at throwing out the North Carolina attorney general's suit alleging HCA broke its promise to maintain a certain level of care at an Asheville hospital it purchased, saying his office lacks the power to enforce a merger between two private parties.

  • October 16, 2026

    Texas Justices OK Arbitration In Trampoline Park Injury Suit

    The Texas Supreme Court ruled Friday that an Urban Air trampoline park and related entities can compel arbitration of a minor's injury claims, saying the language in the arbitration agreement signed by the child's mother expressly covers "protected parties" such as the entities.

  • October 16, 2026

    Device Co. Accused Of Shorting Co-Founder's Payments

    The co-founder of a company that sells medical devices told a Colorado state court Thursday that the company lowered the percentage he is owed of $7.7 million in outstanding receivables from a client without approval.

  • October 16, 2026

    Sig Sauer's Trade Secret Claims Shot Down In Contract Fight

    A Washington federal judge has thrown out Sig Sauer's trade secret counterclaims in a lawsuit accusing the firearms company of reneging on a contract to buy products a contractor agreed to make.

  • October 16, 2026

    Del. High Court Backs Gard In Litigation Funding Fight

    The Delaware Supreme Court has upheld a Chancery Court ruling rejecting claims that hedge fund manager Casey Gard and affiliates improperly shifted a litigation-finance business away from a company he co-owned with attorney Brett K. Findler, ending Findler's challenge to liability findings from a closely watched business breakup.

  • October 16, 2026

    Temu Inks $3M Settlement To End Data To China Claims

    Online bargain retailer Temu on Friday agreed to pay $3 million to settle claims brought by the Texas Office of the Attorney General accusing the company of secretly stealing customer data and exposing it to the Chinese Communist Party.

  • October 16, 2026

    TI, Intel Say Ukrainians Still Show No Link To Russian Strikes

    Technology companies including Texas Instruments Inc. and Intel Corp. are again urging a Texas federal court to throw out a set of consolidated suits alleging they allowed their components to get into Russian weapons used to target civilians, saying a second amended complaint still fails to link their conduct to injuries.

  • October 16, 2026

    Could A Criminal Sentencing Case Upend Loper Bright?

    U.S. Supreme Court Justice Neil Gorsuch is concerned that a ruling instructing trial courts to defer to the U.S. Sentencing Commission's interpretation of federal sentencing guidelines could blow a "pretty big hole" in the court's recent rejection of deference doctrines. His colleagues, however, don't appear as perturbed.

  • October 16, 2026

    NY Ski Mountain Sold To End State Antitrust Case

    The New York attorney general's office said Friday that Intermountain Management Inc. has sold a Syracuse-area ski mountain to a buyer who plans to reopen the facility, four years after state enforcers sued Intermountain for allegedly buying and shuttering the mountain, which was its nearest competitor.

  • October 16, 2026

    Contradictory Contract Dooms Pot Co.'s Injunction Bid

    A California state judge has rejected a cannabis genetics company's bid for an injunction against a former business partner in a contract dispute, saying the contract's self-contradictory provisions make it unclear that the company is entitled to retrieve its cannabis strains.

  • October 16, 2026

    9th Circ. Won't Rethink $2B Devas Arbitral Award Confirmation

    The Ninth Circuit said Friday it will not disturb a unanimous three-judge panel's decision to enforce a $2 billion arbitral award issued to a satellite communications company, rejecting the award debtor's petition for a rehearing by the full court.

  • October 16, 2026

    Ex-Legal Tech Co. Exec Says Pregnancy Got Her Fired

    A legal technology company abruptly fired its director of partnerships after it learned she was pregnant, and has since withheld a nearly $40,000 bonus, according to a lawsuit lodged in New Jersey state court.

  • October 16, 2026

    11th Circ. Backs Florida Firm In Lender Note Verdict Appeal

    The Eleventh Circuit in an unpublished opinion backed a law firm accused of botching several financial transactions for a Puerto Rican microcap lender, affirming the findings of a jury and a lower court that it didn't commit malpractice by failing to secure the company's assets during bankruptcy proceedings.

  • October 16, 2026

    11th Circ. ERISA Exhaustion Shift Furthers Textualist Trend

    An Eleventh Circuit decision overruling decades-old precedent that took a strict view of when federal benefits law claims could be brought in court continues a trend of courts excising judicially imposed rules not contained in statutory text, attorneys say.

  • October 16, 2026

    NCAA Sues Ohio Gov. Over Athlete Eligibility Expansion

    The NCAA sued Ohio Gov. Mike DeWine on Friday, asking a federal judge to set aside the governor's executive order authorizing the state's universities to ignore the association's recently revised athlete eligibility rules.

  • October 15, 2026

    Fla. Body Armor Dealer On The Hook For $7M, Ukraine Says

    Ukraine's Defense Ministry petitioned a Florida federal court to enforce an approximately $7 million arbitral award it won against a body armor dealer on claims that some units in a shipment turned out to be defective and did not pass ballistic testing.

  • October 15, 2026

    Huawei Founder Played It Cool In FBI Interview, Jury Hears

    A former FBI agent on Thursday told a Brooklyn federal jury about an interview he conducted with Huawei founder and CEO Ren Zhengfei, saying the executive suggested that the Chinese telecommunications firm had no direct dealings with Iran and respected intellectual property rights.

  • October 15, 2026

    Fund Firms Lose $10M Fee Bid After Short-Swing Trial Win

    Kartoon Studios doesn't have to cover $10 million in legal fees for two investment firms that won a federal jury trial over short-swing profits, New York's trial court ruled, finding the indemnity provisions of the parties' agreements only cover the investors' purchase of Kartoon securities, not later share sales.

  • October 15, 2026

    California Judge Grants Discovery In Cannabis Debt Dispute

    An investor and a cannabis license holder will have to rework their lawsuit accusing a couple of scheming to steal majority ownership in a Los Angeles dispensary by creating $3.4 million in "phantom debt," a California state court judge ruled.

  • October 15, 2026

    Texas Appeals Court Says Perot VC Suit Belongs In Biz Court

    A Texas appellate court on Thursday found that a multimillion-dollar suit brought by a Dallas businessman against billionaire Ross Perot Jr. belongs in the Texas Business Court, saying the businessman's claims arose from the sale of a healthcare company.

  • October 15, 2026

    Toyota Must Face Minivan Defect Warranty Suit, Judge Says

    A California federal judge has largely allowed Toyota minivan drivers to proceed with their proposed class action alleging Toyota didn't repair defective second-row seat rails for months, ruling they sufficiently pled the warranty's purpose failed since it didn't repair or replace the parts within a reasonable time frame. 

Expert Analysis

  • New DNA Screening Standard Has No Clear Playbook

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    Although the government has not yet released promised guidance intended to support its new standards for screening mail-order DNA, companies should not read this as a reprieve from the Oct. 13 compliance deadline because the delay shifts enforcement risk to statutes that need no new authority, including false statements, the False Claims Act and fraud, says Ashwin Ram at Buchalter.

  • HSR Compliance Lessons Abound In Proposed $250M Deal

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    The U.S. Justice Department's recently proposed $250 million Hart-Scott-Rodino Act settlement with KKR sheds light on additional safeguards that companies can put into place to mitigate risk as they prepare for their next deal, including implementation of a robust document process, say attorneys at White & Case.

  • The Patent Circuit: Marking Duties For Licensed Tech

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    The Federal Circuit's decision in VDPP v. Volkswagen provides clarity on how the patent statute's marking provision applies to licensed technology, but expressly leaves open the question of how exactly patentees can make reasonable efforts to ensure licensees' marking compliance, say attorneys at Knobbe Martens.

  • Mapping The Shifting Landscape Of Algorithmic Pricing Laws

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    As state legislative activity and federal developments abound in algorithmic pricing practice, companies steering through this regulatory patchwork should consider a number of key issues, including status, use and exemptions, say attorneys at Covington.

  • Testing AI's Promise For Large-Scale Document Review

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    Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.

  • AI Meeting Recaps Pose New Discovery And Privilege Risks

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    The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.

  • Wireless Patent Suits Offer Lessons For Data Center Industry

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    As the data center patent litigation wave begins to crest, the industry can gain insight into what's to come by looking to the wireless and telecommunications industries, giving operators and suppliers concrete reasons to revisit their agreements and establish clear allocations of patent risk, say attorneys at Baker Botts.

  • 4 Tips On Expert Gatekeeping From J&J Talc Deal

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    Johnson & Johnson's successful campaign to exclude plaintiff-side oncologist testimony about whether its talcum powder caused ovarian cancer, which prompted the recent resolution of 70,000 claims, offers lessons on how product liability defendants can reshape risk calculation by rigorously applying expert admissibility rules, say attorneys at Hollingsworth.

  • Tracking Texas: When A Promissory Note Is Not A Security

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    The Texas Business Court's recent application of the so-called family-resemblance test in Thompson v. Anchor Capital offers a useful road map for Texas business owners and lenders navigating the intersection of commercial lending and securities law and determining when promissory notes can be classified as securities, say attorneys at Greenberg Traurig.

  • Series

    Playing Bid Whist Makes Me A Better Lawyer

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    As a child, I viewed bid whist as a family tradition and a source of friendly card game competition, but as a lawyer, I see it as a tool that has helped me cultivate skills like communication, teamwork, risk assessment and composure, says Keyonn Pope at Riley Safer.

  • FCC Robotics Restrictions Raise AI Compliance Risks

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    A recent "covered list" update from the Federal Communications Commission places restrictions on foreign-produced advanced robotic devices’ ability to obtain new authorizations, creating a framework that is poorly suited to continuous artificial intelligence updates, and raising several transactional and contractual challenges, says Kim Larsen at Stinson.

  • Opinion

    Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

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    California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

  • How Real Estate Funds Can Use Umbrella Partnership REITs

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    Recent transactions demonstrate how the conversion from a Delaware statutory trust to an umbrella partnership real estate investment trust may benefit real estate funds, and why attorneys should treat the structuring of this conversion as a coordinated diligence and drafting exercise, say attorneys at Kelley Drye.

  • A Look At Litigation Risks From Financing The AI Buildout

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    Artificial intelligence infrastructure financing can create gaps between accounting presentation and project-level economic exposure, and those gaps may affect management communications and how accounting experts can reconstruct the financial record when those communications become the subject of a securities dispute, says Erik Johannesson at Brattle Group.

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