Commercial Contracts

  • September 08, 2026

    NC Brokerage Loses Injunction Bid Against Ex-Directors

    A judge with North Carolina's business court has declined to impose an injunction enforcing restrictive covenants on three former real estate brokerage directors who left to join a competitor, ruling that their former employer's suit had not produced evidence of wrongdoing.

  • September 08, 2026

    Womble Bond Says No Need To Share Rift Details In Exit Bid

    Attorneys from Womble Bond Dickinson, seeking to withdraw as counsel of record for a Dutch software company embroiled in a trademark dispute with an American rival, told a North Carolina federal judge that they are not obligated under professional conduct rules to disclose the "substance of a confidential disagreement" underlying their withdrawal request.

  • September 08, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week saw disputes involving a former NFL star and a $2.5 million solar venture, Morgan Stanley's role in Fox Corp.'s planned $22 billion acquisition of Roku Inc., and JPMorgan Chase & Co.'s effort to pause more than $20 million in legal-fee payments to former Frank executives.

  • September 08, 2026

    Mich. Lawyer Can't Shake Cybersecurity Firm's $550K Claim

    A Detroit attorney who promoted voter fraud claims after the 2020 election must face a cybersecurity company's breach of contract and defamation suit after a Michigan federal judge found the company plausibly alleged the attorney and her law firm retaliated against its investigators after they found no evidence of election fraud and allegedly declined a request to report otherwise.

  • September 04, 2026

    Making Up For Lost Timepiece: FedEx Wins $250K Watch Row

    The disappearance of a $250,000 watch purchased for a major GOP donor will cost FedEx less than it charged to ship the wristwear, according to a new Eighth Circuit decision backing broad immunity for alleged negligence or theft by the delivery giant's workers.

  • September 04, 2026

    Humana Says $7.3B Roundup Deal Sidelines Health Insurers

    Humana Inc. alleged in New Jersey federal court that Monsanto Co. is attempting to skirt its obligation to reimburse health insurers for medical expenses stemming from exposure to its Roundup product.

  • September 04, 2026

    4 Texas Supreme Court Oil & Gas Cases To Watch This Term

    The new term of the Texas Supreme Court initially appears light on oil and gas litigation, but Lone Star State attorneys told Law360 there are still a handful of cases that could have broad implications for the industry.

  • September 04, 2026

    3rd Circ. Preview: Penn State TM Row, NFL Agent Poaching Suit

    The Third Circuit in September is set to decide whether a print-on-demand company's collegiate apparel counts as counterfeit Penn State merchandise and if two former Philadelphia detectives can escape a $16 million judgment for a wrongfully convicted murder suspect.

  • September 04, 2026

    Judge Asks Atty To Explain Absences In Nurses' Wage Suit

    A Colorado federal magistrate judge ordered Friday that an attorney for nearly 40 nurses in a wage lawsuit against Colorado-based U.S. Nursing Corp. explain why he has not appeared in the case for months and why the court should not therefore toss the suit.

  • September 04, 2026

    Electric Co. And Zurich Settle $5M Airport Dispute

    An electric company that sought damages in Colorado state court over a contractor's decision to withhold over $5 million in payments for work completed in an expansion project at the Denver International Airport reached a settlement this week with four defendant insurers.

  • September 04, 2026

    NC High Court Snapshot: TikTok, DuPont, NCAA Top Sept.

    North Carolina's highest court is returning from its summer hiatus with a stacked September lineup of cases for oral argument, starting with a name, image and likeness suit brought by members of N.C. State University's 1983 championship basketball team against the NCAA.

  • September 04, 2026

    ERISA Recap: 5 Appellate Rulings To Know From August

    The Seventh Circuit kept an Arkansas pharmacy benefit manager rule in place as not preempted by federal benefits law, the Fourth Circuit revived an Altria ex-worker's dispute over benefit plan documents, and the Eleventh Circuit reversed a pretrial win for Royal Caribbean in cruise workers' suit challenging 401(k) funds. Here, Law360 looks at those and two other major appellate decisions from August involving ERISA that benefits attorneys may want to know.

  • September 04, 2026

    Court Slams 'Half-Hearted Compliance' In Crab Price-Fix Suit

    A California federal magistrate judge has given a seafood company until Sept. 11 to meet the discovery obligations it has repeatedly fallen short of in a proposed class action accusing it of fixing prices for Dungeness crabs.

  • September 04, 2026

    NC Judge Says Insurer Must Cover COVID Biz Losses

    A North Carolina federal judge has ruled that four Durham restaurants are entitled to coverage for losses they experienced during COVID-19 pandemic lockdowns, while calling out their insurer for its "superficial" and "perfunctory" attempts to argue it did not owe coverage.

  • September 04, 2026

    3rd Circ. Revives Malpractice Claim Against Kirkland Atty

    A New Jersey divorcee may once again pursue a legal malpractice claim against a Kirkland & Ellis LLP attorney who she said lost her millions by mishandling estate documents, after the Third Circuit found it could be possible to link her alleged damages to the lawyer's work.

  • September 03, 2026

    Fox's Supposed $500M Offer For Parler Was Fake, Jury Told

    Billionaire Rebekah Mercer testified Thursday that Parler's later-ousted CEO made her think falsely that Fox was offering $500 million for the social app, one example of the supposed misconduct she has said was the reason he was forced out.

  • September 03, 2026

    Wash. Justices To Hear Gordon Rees Malpractice Transfer Suit

    Washington's Supreme Court will consider whether a Great American insurance unit can inherit an equipment manufacturer's legal malpractice claims against two law firms in what the insurance company has called an issue of first impression, according to a high court order published Wednesday.

  • September 03, 2026

    Dutch Software Co. Asks Justices To Halt TM Trial

    A Dutch software company has asked the U.S. Supreme Court to pause a rapidly approaching trial in a trademark dispute with an American rival while it petitions for review of an injunction and contempt order that it said threaten to taint the entire proceedings.

  • September 03, 2026

    Medical Biz Cites $15M Nicaragua Win To Avoid Arbitration

    A Nicaraguan medical products distributor is urging a Florida federal court to reconsider its order compelling arbitration of its dispute with GE Precision Healthcare LLC, pointing to a recent $15 million Nicaraguan court judgment that also dismisses the U.S. company's arbitration-based jurisdictional objection.

  • September 03, 2026

    Invesco Funds Settle In Serta Uptier Ch. 11 Appeal

    Invesco-managed funds reached a confidential settlement, ending appeals of a Texas bankruptcy judge's decision that Serta Simmons lenders excluded from a debt restructuring deal are owed $400 million.

  • 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.

Expert Analysis

  • Deposit Contracts Do Heavy Lifting As Fraud Moves Upstream

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    As courts increasingly find that upstream parties are best positioned to detect red flags in fraud disputes, most recently in Yangtze v. Ohio Valley Trackwork, companies should tighten treasury and deposit agreement verification protocols, indemnity terms, and insurance coordination to reduce exposure, says Nadine Dorsht at Stinson.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • Opinion

    USCIS Delays Shouldn't Mean Detention For EB-5 Investors

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    Some EB-5 investors with pending petitions were recently detained amid a surge in immigration arrests, but when only U.S. Citizenship and Immigration Services can resolve a respondent's status, immigration courts shouldn't retain cases they can't decide, and detention shouldn't replace adjudication, says Jun Li at Reid & Wise.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • $400M Serta Ruling Offers Warning On Uptier Deal Risks

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    A Texas bankruptcy court's recent remand ruling, which disallowed Serta Simmons Bedding’s uptier debt exchange and awarded $400 million to the minority lenders, demonstrates why deal counsel negotiating similar agreements should clearly define exceptions and lien subordination, while litigators should lean on express terms, says Jamie Aycock at Yetter Coleman.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • How CME Suit May Reshape CFTC's Crypto Derivatives Rules

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    CME Group's recent lawsuit over the U.S. Commodity Futures Trading Commission's approval of a Kalshi application to offer a bitcoin perpetual contract as a futures product could have cascading consequences for crypto derivatives regulation, highlighting why policy ambitions do not override statutory text or substitute for reasoned decision-making, says attorney Tamara de Silva.

  • JPMorgan Ruling Shows Courts' Limited Role In Fee Fights

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    The Delaware Chancery Court's recent decision that JPMorgan Chase must cover more than $21 million in disputed legal fees for two former executives of the startup Frank illustrates the reality that companies, not the courts, are responsible for ongoing supervision of legal spending, says Theodore Edelman at GCE Advisors.

  • Decoding Arbitral Disputes: Post-Award Noncompliance

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    Grainful Holdings v. Mineev, a recent Commercial Court decision that resulted in a sentence for contempt following post-award enforcement proceedings, illustrates the point at which proceedings, having moved beyond recognition of an arbitral obligation, engage the court's own coercive jurisdiction, says Josep Galvez at 4-5 Gray's Inn.

  • Tips For Investors, Creditors Before Venezuela Restructuring

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    As Venezuela enters the first genuinely actionable phase of what may become one of the largest sovereign debt restructurings in modern financial history, creditors should strategically evaluate their claim types and investors should consider engaging before formal negotiations commence, says Rodrigo Carvalho at Winston Taylor.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

  • Illinois Audit Law Will Make AI Clauses Actually Enforceable

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    A law recently enacted in Illinois creates a first-in-the-nation requirement for artificial intelligence developers to undergo annual audits, providing objective standards that can be incorporated into private contracts and addressing the problem of defining responsible AI use, says William Tanenbaum at Moses & Singer.

  • Who Owns The Data Behind The Beautiful Game?

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    Every match at the 2026 FIFA World Cup generates enormous volumes of information that can improve performance, enhance fan engagement and create new revenue streams, but that same data can also create significant legal exposure if rights and responsibilities are not clearly defined, say attorneys at Morgan Lewis.

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