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Commercial Contracts
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January 14, 2026
Zillow, Redfin Look To Toss FTC's Antitrust Case
Zillow Group Inc. and Redfin Corp. have urged a Virginia federal court to toss the Federal Trade Commission's antitrust case against them, saying a partnership between the companies is meant to make their rental listing businesses more competitive, not to remove competition.
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January 14, 2026
Supreme Court Rejects Cigar Maker's Appeal Over Atty Fees
The U.S. Supreme Court has declined to hear cigar maker Swisher International Inc.'s appeal in a long-running contractual and antitrust dispute with Trendsettah USA Inc., leaving intact a Ninth Circuit ruling that revived part of a jury verdict and more than $10 million in related attorney fee awards.
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January 14, 2026
Software Co. Loses Trade Secrets Appeal At 7th Circ.
The Seventh Circuit has refused to revive claims that an energy management services company stole trade secret information from an appointment booking software application and incorporated its features into a new platform.
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January 14, 2026
Payscale Presses Del. Justices To Revive Noncompete Claims
The Delaware Supreme Court heard arguments Wednesday over whether the state's Chancery Court went too far in dismissing Payscale's lawsuit seeking to enforce an 18-month noncompete clause against a former sales executive, focusing on when a court may decide, at the outset of a case, that a restrictive covenant is unenforceable as written.
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January 13, 2026
CoStar, Quinn Emanuel Spar Over Litigation Representation
CoStar urged a California federal judge Tuesday to disqualify Quinn Emanuel Urquhart & Sullivan LLP from helping a rival commercial real estate platform pursue antitrust counterclaims in CoStar's copyright infringement suit, while the law firm moved to drop its representation of CoStar in separate litigation.
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January 13, 2026
Insurer, IT Co. Settle Coverage Claims Suit In Colo.
An insurance company, an IT company and an investment firm have reached a settlement in the insurer's federal lawsuit in Colorado that alleged it owed no coverage to the IT company, which a jury found liable for making misrepresentations and breaching its cybersecurity agreement with the investment company.
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January 13, 2026
Judge Dismisses $146M Chilean Award Suit In Connecticut
A Connecticut federal judge on Monday dismissed a Chilean construction company's petition to enforce a $146.5 million arbitral award against Italian construction giant Webuild, saying the court lacks jurisdiction and the matter belongs before the courts of Italy.
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January 13, 2026
PE Firm Says No Deal In $132M Denver Skyscraper Fight
A private equity firm Tuesday argued in state court that the claims against it from a real estate investment firm should be dismissed because the two parties never had a binding agreement in the $132 million commercial real estate deal of a downtown Denver skyscraper that led to competing lawsuits from both parties.
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January 13, 2026
Spencer Fane Atty's Advice Challenged In $5M Poaching Suit
In a $5 million lawsuit over a Connecticut financial adviser's exit, Wealth Enhancement Group LLC on Tuesday challenged a Spencer Fane LLP partner's belief that regulatory and professional ethics rules require both advisers and their former investment firms to contact clients when advisers switch employers.
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January 13, 2026
Texas Appeals Panel Skeptical Pipeline Death Falls Under FAA
A Texas appeals panel seemed hesitant to buy Energy Transfer's argument that it can compel arbitration in a suit brought by the family of a man killed in a pipeline explosion, asking Tuesday whether the employee's work qualifies as interstate commerce and therefore falls outside the Federal Arbitration Act.
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January 13, 2026
USPTO Launches New Pilot For SEP Development
The U.S. Patent and Trademark Office said Tuesday it has created a new pilot program encouraging the development of standard-essential patents by smaller entities.
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January 13, 2026
2nd Circ. Hints Ex-Luxottica Worker Has ERISA Standing
Second Circuit judges sounded sympathetic Tuesday to the idea that a former Luxottica employee has standing to pursue changes to its defined benefit pension plan, expressing skepticism at the company's notion that her case is barred because she is seeking unavailable remedies.
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January 13, 2026
Epic Systems Alleges Data Cos. Stole Records To Sell To Attys
Epic Systems, the nation's largest electronic health records company, told a California federal court on Tuesday that a health information network and a group of "bad actors" stole over 300,000 confidential patient records from health information exchange frameworks to illegally sell to third parties, including personal injury lawyers.
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January 13, 2026
Emails Show Deceit In Medicare Advantage Deal, NC Court Told
Internal documents from Atrium Health Inc. show the company never intended to follow through on a partnership for a new Medicare Advantage health plan with a plan provider who spent tens of millions of dollars to get it off the ground, the providers' counsel told a North Carolina Business Court judge Tuesday.
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January 13, 2026
Finnish Sports Co., NHL Agent Settle Arbitration Dispute
A Finnish sports management company has settled its suit seeking to collect $1.2 million in arbitration awards from its former American partner in a deal to develop and manage National Hockey League players, the parties told a Massachusetts federal judge Tuesday.
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January 13, 2026
5th Circ. Urged To Revive Southwest 737 Max Overcharge Suit
Consumers have urged the Fifth Circuit to revive their claims alleging Southwest Airlines overcharged them for riskier flights on Boeing 737 Max 8 jets, saying they've asserted a classic benefit-of-the-bargain injury that gives them standing to sue.
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January 13, 2026
Beasley Allen Talc Work Sends 'Bad Signal,' J&J Says
Johnson & Johnson's talc unit told a New Jersey appeals panel on Tuesday that a lower court's ruling permitting Beasley Allen Law Firm attorneys to represent plaintiffs in multicounty litigation over its talc-based baby powder "sends a very bad signal" to the state bar.
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January 13, 2026
HVAC Supplier Says Ex-Shareholders Defected To Rivals
Two former shareholders in a Pittsburgh company supplying pumps, boilers and other commercial heating and cooling equipment violated a noncompetition agreement after selling their stakes and going to work in the same field, the company alleged in a Pennsylvania state court lawsuit.
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January 12, 2026
5th Circ. Won't Revive TMX's Texas Challenge To $52M Pa. Fine
An affiliate of consumer lender TMX Finance can't use Texas federal courts to challenge the enforcement of Pennsylvania's consumer lending interest rate cap by the Keystone State's financial regulator, the Fifth Circuit has determined.
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January 12, 2026
Oil Businessmen Look To Arbitrate $650M Ecuador Dispute
A father and son targeted by Ecuador's state-owned oil shipping company in a $650 million lawsuit over events at the heart of a corruption and impeachment scandal involving former Ecuadorian President Guillermo Lasso told a Pennsylvania federal court that the dispute belongs in arbitration.
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January 12, 2026
8th Circ. Lifts Injunction On Advisory Firm's Rival, Ex-Staff
Investment advisory firm Choreo LLC improperly got a preliminary injunction after claiming that former employees and a competitor stole trade secrets, the Eighth Circuit found Monday, ruling that the injunction was unwarranted because relevant losses to Choreo are calculable and associated damage has already been done.
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January 12, 2026
Energy Transfer Asserts Blackstone Fraud In Pipeline Row
Energy Transfer says Blackstone used a series of self-dealing arrangements to undercut the amount of natural gas liquids a subsidiary delivered to an Energy Transfer pipeline in Texas, telling a state court on Friday that Blackstone wrongly diverted "massive sums" to itself.
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January 12, 2026
Prime Capital Says Ex-Adviser Bungled His Exit In Poach Suit
A recruited financial adviser's changes of heart during a carefully structured transition to Prime Capital Investment Advisors LLC caused repeated delays and internal frustrations, eventually leading Prime to file a regulatory license in his name before he resigned from his old job, Prime's chief growth officer testified Monday.
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January 12, 2026
Colo. Cos. Say Gas Co. Underpaid Royalties For Decade-Plus
Two Colorado companies and royalty owners in oil and natural gas leases alleged in federal court that a natural gas company systematically underpaid royalties to them and other royalty owners for more than a decade for oil and natural gas produced from wells in the state.
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January 12, 2026
REITs Say Shareholders' Retooled Liquidation Suit Still Fails
A group of retail-focused real estate investment trusts urged a New Jersey federal court to toss an amended shareholder class action that accuses them of misleading shareholders into approving charter amendments that stopped the planned liquidation of the REITs, arguing that the amended suit repeats claims that were previously tossed.
Expert Analysis
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Wrangling Over 'Good Faith' In Texas Commodity Contracts
As winter storm season brings fluctuating natural gas prices and ensuing price disputes, parties to gas and other commodity contracts face a question with few answers in Texas case law: how much buyers or sellers can reduce contractual requirements or outputs on a good-faith basis, say attorneys at Jackson Walker.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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Athlete's Countersuit Highlights Broader NIL Coverage Issues
Former University of Georgia football player Damon Wilson's countersuit against the university's athletic association over a name, image and likeness contract offers an early view into how NIL disputes — and the attendant coverage implications — may metastasize once institutions step fully into the role of contracting and enforcement parties, says Sarah Abrams at Baleen Specialty.
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How Mamdani Will Shift NYC Employment Law Enforcement
Under Mayor Zohran Mamdani, the New York City labor law regime is poised to become more coordinated, less forgiving and more willing to test gray areas in favor of workers, with wage and hour practices, pay equity and contractor relationships among likely areas of enforcement focus, says Scott Green at Goldberg Segalla.
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Disney's OpenAI Deal Could Be Turning Point In IP Licensing
The Disney-OpenAI agreement last month is less an anomaly than an early attempt to define what licensed generative use of entertainment intellectual property looks like in practice, including how artificial intelligence user-generated content is permitted without eroding ownership and control, says Alex Locke at Meister Seelig.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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Reviewing 2025's Artificial Intelligence Disputes Over IP
2025 brought the first major fair use rulings involving generative artificial intelligence, and in 2026 courts will weigh in on more discovery disputes, renewed motions to dismiss, class certification challenges and fair use defenses that could shape the course of future AI litigation, say attorneys at Debevoise.
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4 Developments That Defined The 2025 Ethics Landscape
The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
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Navigating AI In The Legal Industry
As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
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Nuclear Power Pitfalls And Opportunities To Watch For In 2026
Shepherding nuclear power projects to completion requires navigating more risks and obligations than almost any other infrastructure undertaking, but with the right strategies, states, developers, vendors and contractors can overcome these hurdles in 2026 and beyond, say attorneys at Squire Patton.
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2025 Calif. Banking Oversight Centered On Consumer Issues
The combination of statutory reform, registration mandates and enforcement activity in 2025 signals that California's financial regulatory landscape is focused on consumer protection, particularly in the areas of crypto kiosk fee practices, earned wage access providers and elder fraud, say attorneys at Ropes & Gray.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.