Commercial Contracts

  • 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. 

  • August 21, 2026

    Fla. Condo Group Gets Trial After Arbitration Rule Fight

    A Florida appeals court ruled Friday that a condominium association battling its contractor over work done after Hurricane Ian can get the trial it requested, after finding that its objection to an arbitration decision complied with Florida rules.

  • August 21, 2026

    JLL Hit With Developer's $12M Fraud Suit Over DC Project

    A real estate developer and a property owner are suing Jones Lang LaSalle Americas Inc. for more than $12 million, alleging in Illinois state court that JLL defrauded them by making misleading claims about the potential financial success of a multifamily project in Washington, D.C.

  • August 21, 2026

    Hall Booth Fights Malpractice Discovery Amid Appeal

    Hall Booth Smith PC and two of its attorneys on Friday asked the North Carolina appeals court to pause a legal malpractice suit against it from the court-appointed receiver for two wrongfully convicted brothers awarded millions in an underlying suit, arguing their appeal challenging jurisdiction should be handled first.

  • August 21, 2026

    Radiology Co. Board Members Can't Dodge ESOP Trial

    A Colorado federal judge declined Friday to let board members of radiology company Envision escape a suit headed to a bench trial over claims they orchestrated an inflated $163.7 million stock sale to an employee stock ownership plan, ruling it's too contested whether they had control of the deal.

  • August 21, 2026

    Pa.'s Kennywood Amusement Park Hit With Hidden Fees Suit

    The parent company for the Kennywood amusement park outside Pittsburgh allegedly charged hidden fees tacked onto ticket prices, according to a proposed class action filed in Pennsylvania state court.

  • August 21, 2026

    FTC Faces Off Against Zillow-Redfin Rental Listings Deal

    Federal Trade Commission attorneys will appear before a Virginia federal judge Monday in what will likely be the FTC's only antitrust conduct trial this year, squaring off against a rental listings syndication deal it says amounted to Zillow's $100 million payout for the smaller Redfin to exit the market.

  • August 21, 2026

    Ex-Owners Seek Legal Fees In Del. For $80M Co. Sale Suit

    Five former owners and executives of JTI Electrical & Instrumentation LLC have sued the industrial services firm in the Delaware Chancery Court, urging it to order the company to pay legal fees they have incurred as they fight claims alleging they helped misrepresent the business's finances before its 2021 sale to affiliates of private equity firm Gemspring Capital.

Expert Analysis

  • Series

    The Law Firm Merger Diaries: Integrating Practice Groups

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    Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.

  • Opinion

    Supreme Court Term Limits Would Carry Hidden Risk

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    While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

  • Series

    Knitting Makes Me A Better Lawyer

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    Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.

  • The Hidden Pitfalls Of Letters Of Credit In Lease Negotiations

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    Amid a surge in commercial office leasing driven by artificial intelligence firms, it's crucial for landlords to be aware of the potential downside of accepting letters of credit — in particular, for amounts of security that are less than the statutory bankruptcy claim cap, say attorneys at Allen Matkins.

  • Series

    The Biz Court Digest: Welcome To Miami

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    After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

  • What Law Firm Liability Risks In 2025 Signal For Year To Come

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    Trends and statistics reveal that law firms of all sizes and practice areas remained attractive litigation targets this year, so firms must take concrete steps to avoid professional liability risks in the year to come, say Douglas Richmond and Andrew Ricke at Lockton Companies.

  • 1st-Of-Its-Kind NIL Claim Raises Liability Coverage Questions

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    The University of Georgia Athletic Association recently sought to compel arbitration against former UGA football player Damon Wilson in a first-of-its-kind legal action for breach of a name, image and likeness contract, highlighting questions around student-athlete employment classification and professional liability insurance coverage, says Sarah Abrams at Baleen Specialty.

  • AI Evidence Rule Tweaks Encourage Judicial Guardrails

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    Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

  • Where Things Stand At The CFPB As Funding Dries Up

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    The Consumer Financial Protection Bureau is on pace to run out of funding in the new year, threatening current and future rulemaking efforts, but a rapid series of recent actions still carries significant implications for regulated entities and warrants careful monitoring in the remaining weeks of the year, say attorneys at Brownstein Hyatt.

  • Series

    The Law Firm Merger Diaries: Getting The Message Across

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    Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.

  • Opinion

    Horizontal Stare Decisis Should Not Be Casually Discarded

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    Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

  • 10 Commandments For Agentic AI Tools In The Legal Industry

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    Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.

  • Series

    Preaching Makes Me A Better Lawyer

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    Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.

  • FTC Focus: Amazon's $2.5B Pact Broadens Regulatory Span

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    Amazon's $2.5 billion deal with the Federal Trade Commission offers takeaways for counsel managing risk across both consumer protection and competition portfolios, including that design strategies once evaluated solely for conversion may now be scrutinized for their competitive effects, say attorneys at Proskauer.

  • Series

    Law School's Missed Lessons: Practicing Client-Led Litigation

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    New litigators can better help their corporate clients achieve their overall objectives when they move beyond simply fighting for legal victory to a client-led approach that resolves the legal dispute while balancing the company's competing out-of-court priorities, says Chelsea Ireland at Cohen Ziffer.

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