Commercial Contracts

  • August 20, 2026

    11th Circ. Saves Delta-Aeromexico Joint Venture

    The Eleventh Circuit on Thursday handed Delta Air Lines and Aeromexico a decisive win by vacating a U.S. Department of Transportation order directing them to dismantle their nearly decadelong joint venture, saying the DOT applied a skewed standard and made unsupported findings about the partnership's purported anticompetitive effects.

  • August 20, 2026

    9th Circ. Sides With NLRB In Wash. Terminal Union Work Fight

    The full Ninth Circuit Thursday backed the National Labor Relations Board's decision in a union battle for work on a Seattle marine cargo terminal, ruling the International Longshore and Warehouse Union can't use the "work-preservation defense" to defeat accusations that it illegally pressured an employer for disputed work.

  • August 20, 2026

    Colo. Lawyer Says Arbitration Bars Homebuilder's Theft Suit

    A lawyer told a Colorado federal judge Tuesday that the lawsuit from a homebuilding company accusing him of stealing tens of thousands of the company's files when he went to work for an adversarial law firm must be dismissed because the company already lost on identical claims in arbitration proceedings.

  • August 20, 2026

    Lenders Sue Over $1M Loan Tied To Cannabis Farm

    A group of California lenders is trying to claw back a $1 million loan that was supposed to launch a cannabis farm in Miranda, claiming they learned too late that the property had already lost its permits to grow and that the borrowers had misused most of the loan proceeds.

  • August 20, 2026

    CREXi Drops 9th Circ. Challenge To Quinn Emanuel DQ

    Property listing company Commercial Real Estate Exchange Inc. has moved to dismiss its own Ninth Circuit mandamus petition, which challenged a lower court's disqualification of CREXi's counsel, Quinn Emanuel Urquhart & Sullivan LLP, from a legal battle against rival CoStar.

  • August 20, 2026

    Fidelity Says Deal Doesn't Bar $920K Atty Malpractice Claim

    Fidelity National Title Insurance Co. is fighting a Connecticut attorney's bid for summary judgment in a malpractice case over a $2.5 million mortgage refinancing loan, saying neither the statute of limitations nor a prior settlement to which the insurer is not a party bar the suit.

  • August 20, 2026

    Costco Drops Chicken Drippings Slip-And-Fall Coverage Row

    Costco has agreed to dismiss claims seeking coverage for an underlying suit from a man who was injured when he slipped on rotisserie chicken drippings in a California store, according to a joint motion to dismiss Wednesday.

  • August 20, 2026

    Mich. Panel Rejects $2.5M Malpractice Suit Over Bank Debt

    An attorney failed to show a law firm and two lawyers derailed his efforts to settle a PNC Bank debt and caused him to ultimately pay more than $2.5 million, a Michigan appellate court has ruled, upholding the dismissal of his malpractice suit. 

  • August 20, 2026

    Under Armour Fights Ex-Supplier's Bid For Antitrust Appeal

    Under Armour wants to keep moving toward a November trial for an ex-supplier's tortious interference claims, arguing that a request to pause the case for an immediate appeal of trimmed antitrust allegations rested on the slim chance the Third Circuit would reverse dismissal of those claims.

  • August 20, 2026

    AmEx Waived Arbitration By Refusing Fees, 1st Circ. Says

    American Express forfeited its right to insist on arbitration in a proposed class action by merchants challenging the company's swipe-fee rules when it failed to pay its share of the arbitrator's fees, estimated to be $17 million, the First Circuit has ruled.

  • August 20, 2026

    Wood-Pellet Execs' $650M Bet Blamed For Bankruptcy

    The litigation trustee for wood-pellet producer Enviva Inc.'s Chapter 11 litigation trust has sued five former executives in the Delaware Chancery Court, accusing them of secretly committing the company to more than $650 million in high-priced pellet purchases to boost short-term earnings and their chances of receiving bonuses, ultimately helping drive Enviva into bankruptcy.

  • August 20, 2026

    Sports Card Seller, Dealer Settle Collapsed Buyout Suit

    A California trading card distributor and Michigan-based House of Hits Sports Cards on Thursday settled their dispute over a proposed six-figure buyout that fell through after House of Hits allegedly failed to render payment under the agreement.

  • August 20, 2026

    Aerospace Co. Ends 'Copycat' Trade Secrets Suit

    A Colorado state judge has dismissed a suit by an aerospace and defense manufacturer accusing its former business consultants of using confidential information to create a "copycat" rival.

  • August 19, 2026

    3rd Circ. Urged To Revisit Arbitration Doctrine In Award Fight

    An asset management firm required to pay about $11 million in administrative fees and interest has asked the Third Circuit to reconsider its opinion upholding a doctrine under which arbitrators are barred from revisiting their prior decisions, saying it conflicts with binding Third Circuit precedent.

  • August 19, 2026

    Snow Equipment Cos. Say Norwegian Co.'s Fraud Cost $100M

    A Colorado-based snow removal equipment company and its Canadian sister company told a state court that a Norwegian manufacturer sold more than $10 million worth of equipment that contained engines not compliant with U.S. Environmental Protection Agency requirements, causing more than $100 million in damages to the companies.

  • August 19, 2026

    Calif. Award Vacated After Arbitrator Attends Law Firm Event

    A California state judge has vacated an arbitration award issued to two real estate buyers in a breach of contract dispute with an investor, ruling that the JAMS arbitrator failed to disclose her participation in a public event sponsored by the law firm representing the buyers.

  • August 19, 2026

    FTC Asks Court To Keep Trans Health Suit In Texas

    The Federal Trade Commission has asked a Texas federal court to keep its suit against the World Professional Association for Transgender Health in the Lone Star State, saying that the organization incorporated there in 1980.

  • August 19, 2026

    Footprint Investors Sue In Del. Over $500M Financing Deal

    Early investors in Footprint International Holdco Inc. have sued the sustainable packaging company, its directors and several institutional investors in the Delaware Chancery Court, alleging that insiders used a $500 million financing round to seize control of the company and strip longtime Class A investors of valuable stockholder rights.

  • August 19, 2026

    Papa Johns Can't Avoid Arbitration In Fight With Franchisee

    A dispute between Papa John's International and a franchisee it accused of breaking his franchise agreement must be paused until an arbitrator decides whether the claims belong in arbitration, a Kentucky federal judge has ruled, delivering a blow to the pizza company trying to keep its claims in court.

  • August 19, 2026

    'Bob's Burgers' Actor Sues Lucid Over 'Lemon' SUV

    Comedian and "Bob's Burgers" star Eugene Mirman has sued California-based electric automaker Lucid in Massachusetts state court for leasing him a "lemon" last year.

  • August 19, 2026

    Fed. Circ. Rejects Patent Marking Immunity For NPEs

    Nonpracticing entities hoping for presuit damages can't get out of Patent Act requirements to mark products with patent information just because licensees don't believe their products infringe, the Federal Circuit held Wednesday.

  • August 19, 2026

    Google Beats Class Suit Over Free Workspace Promises

    Google has defeated a class action alleging it reneged on its promise to offer free access to its business-productivity tools, formerly known as Google Apps, with a California federal judge saying the contracts with users affirmatively authorized the company to stop offering a free version of the service. 

  • August 19, 2026

    Burlington Accused Of Requiring Work During Unpaid Breaks

    Three Burlington Coat Factory current and former employees hit the off-price retailer with proposed nationwide collective and class claims alleging workers were routinely required to perform unpaid work on purported meal breaks.

  • August 19, 2026

    Prison Phone Co. Says Techs Aren't Owed Public Works Pay

    A prison phone service provider told a New York federal judge that three field service technicians who installed and maintained telecommunications systems in hospitals and prisons did not agree to a "public works" contract and aren't guaranteed higher pay under state labor laws.

  • August 19, 2026

    Ex-Loeb & Loeb RE Pro Joins Greenberg Traurig In NYC

    Greenberg Traurig LLP has hired former Loeb & Loeb LLP real estate partner Brian L. Helweil as a shareholder for its global real estate practice team in New York City, the firm has announced.

Expert Analysis

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • AI Practices To Protect Trade Secrets Amid Unstable Case Law

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    Amid recent diverging district court approaches to whether inputting proprietary information into artificial intelligence tools could constitute a failure to take reasonable measures to safeguard secrets, trade secret owners must adapt their confidentiality practices to keep trade secrets secure, says Fitz Collings at MoFo.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Key Legal Considerations For Data Center Battery Storage

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    Battery energy storage systems have become essential infrastructure for data center development — but as trade, energy and tax policies continue to shift, companies operating in this space must understand the importance of supply chain requirements and industry-tailored contracts, says RJ Colwell at Davis Graham.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Musk-OpenAI Verdict Shows Value Of Early-Stage Governance

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    A California federal court's ruling last week in Musk v. Altman preserves the status quo at OpenAI, but signals to the technology industry at large that courts will not relitigate the governance decisions of early-stage organizations on a founder's competitive timetable, surfacing questions that will outlast the litigation, says attorney Alan N. Walter.

  • Finding Borrower Risk In The Private Credit Covenant Mix

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    Amid rising caution over private credit defaults, investors and their counsel can gain key insights about borrower risk from the particular combination of financial metrics included in a loan's covenants, not just the number of covenants, say Christopher Armstrong at Stanford University, and Carlo Gallimberti and David Tsui at Analysis Group.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • NIL Contracts Test Limits On College Football Transfers

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    College football's new legal era of direct payments to players and fewer transfer restrictions has put contractual provisions in play, and stipulations such as termination clauses and repayment obligations require added scrutiny as the name, image and likeness system evolves, says Kevin Paule at Hill Ward Henderson.

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • DOJ Activity Indicates Rising Antitrust Risk For Hospitals

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    Two civil actions filed by the U.S. Department of Justice against New York-Presbyterian Hospital and OhioHealth, both alleging that the hospital systems used their market power to stifle competition, highlight the government's growing scrutiny of barriers to lower-cost insurance options, say attorneys at Freshfields.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

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