Commercial Contracts

  • September 03, 2026

    Pa. Property Manager Beats RE Agent's $10M Defamation Suit

    A Florida state jury has ruled against a real estate agent in her $10 million defamation suit, in which she accused the board chairman of a Pennsylvania property management company of repeatedly harassing and defaming her.

  • September 03, 2026

    1st Circ. Orders Redo In Puerto Rico Hospital Loan Fight

    The First Circuit revived hospital Instituto Medico Del Norte's Chapter 11 lawsuit against a lender, remanding the case after it "struggled to make sense" of a Puerto Rico bankruptcy judge's decision to dismiss the litigation.

  • September 03, 2026

    5th Circ. Unsure Provision Allows Contractor To Get Atty Fees

    A Fifth Circuit panel wanted to know why a construction company should get to collect attorney fees without a prevailing party provision in its joint venture contract, saying Thursday that the language of the parties' contract seemed to require a breach of contract.

  • September 03, 2026

    CFTC Says CME Perps Fight Is 'Much Ado About Nothing'

    The U.S. Commodity Futures Trading Commission told a D.C. federal judge that the Chicago Mercantile Exchange's suit over the agency's approval of Kalshi's bitcoin perpetual futures contract is "much ado about nothing" since the derivatives exchange is free to list its own version of the product.

  • September 03, 2026

    NJ Judge Strikes Experts In Faegre Drinker Malpractice Suit

    A New Jersey state judge has struck the expert reports in a legal malpractice suit against Faegre Drinker Biddle & Reath LLP, barring the experts from testifying unless the Sept. 14 trial over a real estate deal gone awry is postponed.

  • September 03, 2026

    Law Firm, Closing Agents Faulted For Not Flagging Fraud

    A Pittsburgh-area real estate settlement company wrongfully released the money from a divorcing couple's property sale to a fraudster, and the law firm that was supposed to get the money didn't notice until nearly a month later, the couple claim in a lawsuit filed in Pennsylvania state court.

  • September 03, 2026

    Fox Rothschild Says Adult Day Care Suit Rehashes Claims

    Fox Rothschild LLP is urging a New Jersey state court to toss claims against the firm and one of its attorneys in a complaint related to the firm's prosecution of a fraudulent loan lawsuit that led to a $65,000 sanction against the firm.

  • September 02, 2026

    Walmart Says IP Suit Docs Can't Be Used In Malpractice Case

    Walmart has asked an Arkansas federal court to order food tech startup Zest Labs to comply with a protective order from the parties' settled trade secret dispute and block it from disclosing Walmart's confidential information in Zest's malpractice suit against its former attorneys.

  • September 02, 2026

    Akerman Hires Consumer Protection Law Ace From Steptoe

    Akerman LLP announced on Monday it has welcomed a former Steptoe LLP attorney who brings vast experience helping clients navigate a unique, complicated landscape involving Golden State consumer protection laws and regulations, including matters related to Proposition 65.

  • September 02, 2026

    Robert Half Says Beacon Hill 'Raided' Conn. Staffing Team

    Robert Half Inc. has sued staffing services competitor Beacon Hill Solutions Group LLC in Connecticut federal court, alleging that Beacon Hill continued a nationwide employee poaching pattern by "raiding" its New Haven and Hartford operations and inducing the exits of a recruiting manager, practice director, talent director and talent manager.

  • September 02, 2026

    Fed. Circ. Backs Micron's PTAB Wins Over Netlist

    Micron took home a series of wins at the Federal Circuit on Wednesday in its multifaceted patent battle against Netlist, with the court upholding invalidations of five computer memory patents.

  • September 02, 2026

    Clippers Fined $30M As Probe Uncovers Salary Cap Violations

    The NBA unveiled sweeping sanctions against the Los Angeles Clippers Wednesday, including a $30 million fine and a one-year ban for the team's owner, after an investigation uncovered evidence that the team violated the league's salary cap rules by arranging off-court business deals for its star forward, Kawhi Leonard.

  • September 02, 2026

    Hall Booth Can't Pause NC Malpractice Claims, Court Told

    A court-appointed receiver has blasted Hall Booth Smith PC's bid in the North Carolina state appeals court to pause legal malpractice claims against the firm related to a wrongful conviction judgment, calling the move "nothing but a collateral attack" in state court on a federal order appointing the receiver.

  • September 02, 2026

    Agency Says Mich. Is Proper Forum For NCAA Poaching Suit

    An Arkansas sports agency has urged a Michigan federal judge to reject a North Carolina rival's bid to dismiss or transfer a lawsuit accusing it of using acquisition talks to obtain confidential information and poach a college basketball player, arguing the rival deliberately conducted name, image and likeness, or NIL, business in Michigan and agreed that Michigan law would govern the parties' nondisclosure agreement. 

  • September 02, 2026

    JPMorgan Seeks Stay Of $20M Javice, Amar Fee Order

    JPMorgan Chase & Co. urged the Delaware Chancery Court on Wednesday to pause enforcement of an order requiring it to advance more than $20 million in disputed legal fees to convicted Frank founder Charlie Javice and former executive Olivier Amar, arguing the bank could permanently lose the money before it gets a chance to challenge the ruling.

  • September 02, 2026

    DOL Backs Aramark Bid To Avoid Aetna ERISA Suit Arbitration

    The U.S. Department of Labor backed Aramark's attempt to keep in court its allegations that Aetna cost the company millions by mismanaging health benefit claims, telling the full Fifth Circuit that a panel correctly held that the case fell under an exception in the arbitration agreement.

  • September 02, 2026

    Ohio Court Rejects Class Bid In State Farm Vehicle Value Row

    An Ohio federal judge Tuesday rejected a driver's attempt to certify a class of policyholders in a case alleging State Farm underpaid the cash value of totaled vehicles, finding class treatment would be "inappropriate" because each vehicle would need individual assessment.

  • September 02, 2026

    Logistics Co. Says Ex-Workers Gave Trade Secrets To Rival

    A supply chain and logistics management company is accusing two former employees and a rival trucking company of carrying out a scheme to steal its trade secrets and confidential information, according to a lawsuit filed in Georgia federal court.

  • September 01, 2026

    McLane Model Keeps Drivers Overtime-Exempt, 9th Circ. Says

    A Ninth Circuit panel on Tuesday affirmed a lower court's ruling that truck drivers behind a proposed class action against food distributor McLane Foodservice Inc. are exempt from overtime pay, holding that the employees engaged in interstate commerce despite driving only in California.

  • September 01, 2026

    Parler Ouster Talk Was 'Reaction' To Bad CEO, Jury Told

    Billionaire Rebekah Mercer testified Tuesday that her team's strategizing about getting rid of Parler's then-CEO was simply "reacting" to his poor performance, even before the Jan. 6 insurrection sent the social media app "to hell in a handbasket."

  • September 01, 2026

    Securitas Can't Arbitrate Wage Class Action, Wash. Panel Says

    A former Securitas worker's proposed wage-and-hour class action against the guard service will move forward following a Washington appeals panel's ruling Monday that upheld a lower court's rejection of the company's bid to force the ex-employee into arbitration.

  • September 01, 2026

    Meta AI Glasses Privacy Suit Expands To Add Bystander Class

    Dozens of consumers are joining forces to sue Meta Platforms over allegations that the tech giant surreptitiously stores private videos captured by its "smart" glasses to train its artificial intelligence models, adding claims on behalf of bystanders who never agreed to be recorded, let alone used for training.

  • September 01, 2026

    High Court Should Skip Ruby Tuesday Benefits Suit, SG Says

    The U.S. solicitor general has urged the Supreme Court to decline to consider a suit from former Ruby Tuesday executives alleging Regions Bank inadequately protected their retirement plan benefits that were liquidated in bankruptcy, saying the "idiosyncratic" nature of the dispute makes it a poor candidate for high court review.

  • September 01, 2026

    Crypto Investment Firm Accused Of Fraud Must Face Ga. Suit

    A Texas-based crypto investment company can't dodge a fraud suit brought against it in Georgia federal court, after a judge said the suit shows the firm and its management transacted business in the Peach State and used a business dinner in Atlanta to tout their offerings.

  • September 01, 2026

    Patent Owner Urges Fed. Circ. To Rethink Marking Decision

    A patent licensing company has urged the Federal Circuit to reconsider its ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages, saying the holding flouts the law and creates risks for patent owners.

Expert Analysis

  • 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.

  • How The New Tariff Landscape May Unfold

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    To replace tariffs formerly imposed under the International Emergency Economic Powers Act, the administration will rely on a patchwork of statutes, potentially leading to procedural challenges and a complex tariff landscape with varying levels, durations and applicability, says Joseph Grossman-Trawick at King & Spalding.

  • What GCs Should Keep In Mind When Developing AI Addenda

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    When general counsel develop their own customer-side artificial intelligence addenda to be used as the baseline for negotiations with AI vendors, they should take care to rightsize the addenda relative to their organization's size, complexity and bargaining power, say attorneys at Polsinelli.

  • 2nd Circ. Kazakh Ruling Clarifies RICO Rule, FSIA Exception

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    The Second Circuit's recent Yerkyn v. Yakovlevich ruling, dismissing a Racketeer Influenced and Corrupt Organizations Act claim, demonstrates that RICO's domestic injury requirement is a merits question, and reaffirms the Foreign Sovereign Immunities Act's commercial activity exception, says Brant Kuehn at Greenspoon Marder.

  • Character.AI Case Highlights Agentic AI Liability Questions

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    The recently settled litigation against Character Technologies Inc. provides an early case study for exploring salient legal issues related to agentic artificial intelligence, such as tort liability, strict liability, statutory liability and contractual liability, says Samuel Mitchells at Smith Gambrell.

  • How DOL Rule Would Preserve App-Based Contractor Work

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    The U.S. Department of Labor's proposed 2026 independent contractor rule reinforces the centrality of worker autonomy and entrepreneurial opportunity that characterize many app-based arrangements, and returns to a framework that may offer increased predictability for platforms and workers alike, say attorneys at Gibson Dunn.

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