Commercial Contracts

  • September 15, 2026

    Walmart, Retail Groups Doubt Value Of $200B Swipe Fee Deal

    Major retail trade associations and Walmart are objecting to a $200 billion settlement over Visa and Mastercard swipe fees in New York federal court, saying the court should decertify the class or at least allow opt-outs so merchants can preserve "valuable claims that class counsel are trading away for nothing."

  • September 15, 2026

    Golf Developer Fights Dutch Co.'s Bid To Arbitrate Tech Row

    A golf course developer asked a Louisiana federal court to reject a Dutch golfing technology company's arbitration request for the developer's suit, which accuses the company of wrongfully trying to enforce a terminated purchase and service agreement for what it alleges is the company's faulty automated hole-in-one recording system.

  • September 15, 2026

    College Sports Overhaul Looms Closer After Senate Vote

    The U.S. Senate on Tuesday advanced a bill that would impose sweeping regulations on college sports, teeing up a lively legislative debate as the NCAA looks to ward off a wave of antitrust lawsuits.

  • September 15, 2026

    11th Circ. Upholds AIG's $1.8M Yacht Fire Coverage Loss

    An AIG unit cannot recoup $1.8 million from a dock builder and electrical subcontractor in connection with payments it made to a Florida policyholder whose yacht caught fire while plugged into a recently constructed dock, the Eleventh Circuit affirmed.

  • September 15, 2026

    Attorney Escapes $12M Unlawful Tax Strategy Suit In Colo.

    An attorney won't face claims from a precious metals partnership and its members accusing her of advocating an unlawful tax strategy after a Colorado federal judge Tuesday granted the attorney's motion to dismiss the $12 million suit.

  • September 15, 2026

    Pro Checkers Player Gets Partial Win In Fla. Antitrust Suit

    A Florida federal judge on Tuesday handed a partial win to a checkers player in his complaint alleging he was wrongfully disqualified from competing, finding that a U.S. professional association violated antitrust laws and defamed him after he formed an alternative organization.

  • September 15, 2026

    NYC Asks 2nd Circ. To Greenlight Uber, Lyft Deactivation Law

    New York City has urged the Second Circuit to lift an injunction blocking a municipal ordinance prohibiting Uber and Lyft from "deactivating" drivers without formal notice and investigation, arguing that the lower court wrongly found that the companies would likely win their contract claims.

  • September 15, 2026

    Meet The Attys In The 340B Battle At 1st Circ.

    Gibson Dunn and Dunn Isaacson Rhee attorneys presented arguments Tuesday at the First Circuit over whether drug manufacturers can intervene in a challenge to a now-suspended drug rebate program for hospitals. Law360 profiles the attorneys.

  • September 15, 2026

    Workers Want Investment Bank Pay Suit To Go On

    An investment-banking enterprise and two managing directors are asking a Texas federal judge to resolve factual questions about workers' exempt status too early in the case, the employees argued, pushing the judge to keep their wage suit alive.

  • September 15, 2026

    UMG Says DistroKid Is Copyright-Infringing 'AI-Slop Pipeline'

    UMG Recordings sued music distributor DistroKid in Delaware federal court Tuesday, calling it an "AI-slop pipeline" that uses copyright infringement and deceptive practices to flood popular streaming platforms with mass-generated artificial intelligence content.

  • September 15, 2026

    1st Circ. Suggests Appeal In Drug Rebate Case May Be Moot

    A First Circuit panel raised mootness concerns as it heard arguments Tuesday from drug companies appealing a ruling that prevented them from intervening in a now-dismissed case to defend a rebate model for a federal drug-pricing program. 

  • September 15, 2026

    Auto Parts Co. Fights Bifurcation Bid In $50M Coverage Trial

    An auto parts manufacturer urged a North Carolina federal court to reject an insurer's request to bifurcate an upcoming trial over claims the insurer improperly denied $50 million in coverage for COVID-19 pandemic-related losses, saying the allegations overlap too significantly to split the claims.

  • September 15, 2026

    Springsteen Beats Compensation Suit Over Album Cover

    A New Jersey appellate court on Tuesday affirmed an order dismissing a suit from the estate of a classic car collector against Bruce Springsteen over compensation from use of a 1967 Pontiac GTO on an album cover, saying it was "abundantly clear" that all elements of hearsay were present to sink the case's only evidence against the musician.

  • September 15, 2026

    1st Circ. Presses Amex On Merchant Arbitration Rule Change

    A First Circuit panel on Tuesday pushed back on assertions by American Express that unilateral changes to the terms of its merchant agreement did not invalidate it, as a lower court found last year in denying the card issuer's motion to compel arbitration in a dispute over anti-steering rules.

  • September 15, 2026

    Call Center Seeks Coverage For $5M Adidas Data Breach Deal

    A Wisconsin business process outsourcing company said in federal court that a Chubb unit breached its policy when the insurer refused to cover $5 million the call center paid to Adidas to resolve claims over data breaches that compromised the sneaker giant's customers' personal information.

  • September 15, 2026

    Justices Urged To Leave Global Copyright Ruling Intact

    A Louisiana songwriter has asked the U.S. Supreme Court not to touch a ruling that allowed him to recover worldwide rights to the 1960s hit song "Double Shot (Of My Baby's Love)," saying a group of music companies had rushed the issue to the justices when only a single circuit court had weighed in.

  • September 15, 2026

    F-150 Drivers Denied Class Cert. In Ford Transmission Suit

    An Illinois federal judge has denied class certification to a group of Ford F-150 owners who allege Ford shipped vehicles with defective transmissions, finding their warranty claims are blocked by a class action waiver, and they failed to show there was a common defect among class vehicles.

  • September 14, 2026

    Nektar 'Desperate' To Develop Rezpeg, Lilly Exec Tells Jury

    An Eli Lilly executive told a California federal jury on Monday in Nektar's $1 billion breach of contract suit against the pharma giant that his handwritten note from a meeting with Eli Lilly's CEO about Nektar being "desperate" was about the struggling company's need for its autoimmune-disease drug Rezpeg to succeed.

  • September 14, 2026

    5th Circ. Frees Ericsson Insurers In Terrorism Funding Row

    The Fifth Circuit found that multiple insurers have no duty to defend Ericsson Inc. against claims the company funded foreign terrorist organizations, saying that the suit brought by two groups of American victims of terrorist attacks alleged the company committed grave harm.

  • September 14, 2026

    Mich. Cannabis Regulators Seek Exit From Buyout Suit

    Michigan cannabis regulators are asking a federal court to dismiss an entrepreneur's lawsuit that claims they coordinated with JARS Holdings to push him out of the cannabis business while smearing his professional reputation, arguing that JARS, not the agency, is the source of his harm.

  • September 14, 2026

    Fed. Circ. Saves Broadcom IP Suit, Says License Was Intact

    The Federal Circuit on Monday breathed new life into a company's patent and copyright infringement case against Broadcom Inc., saying in a precedential opinion that the plaintiff company didn't lose its right to bring the action when it switched its business to intellectual property enforcement.

  • September 14, 2026

    Cumulus Tells 2nd Circ. Even Brief Stay Of Nielsen Order Is Bad

    Cumulus Media says it's going to be irreparably harmed if the Second Circuit doesn't lift the administrative stay it put in place stopping a preliminary injunction that Nielsen is challenging for the second time from going into effect while the appellate court looks at the matter.

  • September 14, 2026

    Amazon Halts 21 Air Cargo Flights, Faces New Crash Suit

    Amazon has suspended operations with cargo carrier partner 21 Air LLC, a week after one of its planes overran a runway at Miami International Airport and plowed into vehicles, killing five people, as the company faces another negligence and wrongful death lawsuit over the wreck.

  • September 14, 2026

    SpaceXAI Drops Apple In Antitrust Claims For OpenAI Deal

    SpaceXAI on Monday dropped its claims that Apple breached antitrust laws by signing a deal with OpenAI to integrate ChatGPT into the iPhone but kept its claims against OpenAI Foundation intact.

  • September 14, 2026

    Senators Draw Battle Lines Over Sweeping College Sports Bill

    U.S. senators on Monday made public statements on their positions either for or against a bill aimed at comprehensively regulating college sports, forecasting a bitter fight over the bill's passage in the upper chamber.

Expert Analysis

  • Enviro Ruling And A New Law Signal Shift In La. Legacy Cases

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    Together, a Louisiana state court decision in WMH Farms v. Apache Corp. and an incoming statutory regime signal a sea change for legacy litigation in Louisiana, as courts make it harder to establish proof of contamination, and lawmakers narrow available remedies once contamination is proven, says Philip Wood at Jones Walker.

  • DOJ's Stance On Antitrust And Patent Law Reflects Balance

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    Recent statements of interest in patent litigation and a speech from a key U.S. Department of Justice official communicate the view that strong patent rights and competition policy are complementary, and offer important guidance for intellectual property practitioners and businesses navigating patent enforcement, standard‑setting and licensing, say attorneys at Wiley.

  • 2 AI Snafus Show Why Attys Can't Outsource Judgment

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    The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

  • Assessing The 9th Circ.'s Recent Stock Drop Dismissal Trend

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    The recent decision in Nova Scotia Health Employees' Pension Plan v. Comerica is an important circuit-level addition to the growing trend of Ninth Circuit securities class action dismissals on loss causation grounds, which have used a contextual analysis premised on stock drops that are modest, typical and short-lived, say attorneys at Paul Weiss.

  • Series

    Playing Magic: The Gathering Makes Me A Better Lawyer

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    The competitive card game Magic: The Gathering offers me a training ground for the strategic thinking skills crucial to litigation, challenging me to adapt to oft-updated rules, analyze text as complicated as any statute and anticipate my opponent’s next moves, says Christopher Smith at Lash Goldberg.

  • Improving Well-Being In Law, 10 Years After Landmark Study

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    An important 2016 study revealed significant substance abuse and mental health issues among lawyers, and while the findings helped normalize the conversation around these topics, a decade later, structural change is still needed, says Denise Robinson at PLI.

  • Contract Language Reigned Supreme In Bancorp Dismissal

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    A Minnesota federal court's recent dismissal of claims over U.S. Bancorp's cash sweep program underscores that clear contractual disclosures hold weight in class actions, demonstrating the power of contract language that plainly indicates terms, fiduciary limits and institutional benefits to customers, says Quin Seiler at Winthrop & Weinstine.

  • Series

    Officiating Football Makes Me A Better Lawyer

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    Though they may seem to have little in common, officiating football has sharpened many of the same skills that define effective lawyering in management-side labor and employment: preparation, judgment, composure, credibility and ability to make difficult decisions in real time, says Josh Nadreau at Fisher Phillips.

  • Series

    Law School's Missed Lessons: How To Draft Pleadings

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    Most law school graduates step into their first jobs without ever having drafted a complaint, answer, motion or other type of pleading, but that gap can be closed by understanding the strategy embedded in every filing, writing with clarity and purpose, and seeking feedback at every step, says Eric Yakaitis at Haug Barron.

  • What Employers Should Know About Wash. Noncompete Ban

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    Washington state recently passed one of the most expansive prohibitions on noncompetes in the country, marking a significant shift in the state's approach to restrictive covenants and requiring employers to carefully assess how this change will affect their current and future agreements, say attorneys at Cozen.

  • Evaluating Congressional Investigation Risk In Deal Diligence

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    Given the increasing frequency and sophistication of congressional investigations into corporate business practices, companies conducting transactional due diligence should add procedures to assess and mitigate the unique challenges and wide-ranging risks that can arise from Capitol Hill’s scrutiny, say attorneys at Covington.

  • E-Discovery Quarterly: Recent Rulings On ESI Control

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    Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

  • Calif. Truck Regs Now Require Multiple Compliance Strategies

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    California's various vehicle and truck emissions programs now move on different legal tracks, impose different obligations and create different business risks on different timelines — so companies that treat them as one package subject to a federal Clean Air Act waiver risk missing deadlines and mispricing contracts, says Thierry Montoya at FBT Gibbons.

  • Del. Ruling Shows Power Of Postclose Governance Provisions

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    After the Delaware Court of Chancery reinstated a target company's CEO as part of the equitable remedy in Fortis Advisors v. Krafton, deal parties should emphasize the importance of postclosing governance provisions to earnout economics, knowing that they will have to live with these provisions for the duration of the earnout period, say attorneys at Sidley.

  • A Data-Driven Guide For Navigating The 2026 Oil Price Shock

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    With the Iran war disrupting tanker traffic through the Strait of Hormuz, oil price volatility has soared, and this extreme price dislocation is likely to generate complex legal disputes — but companies can protect themselves by preserving every scrap of market data available, say Peter Niculescu and Leslie Rahl at Capital Market Risk Advisors.

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