Commercial Contracts

  • July 30, 2026

    BofA, Merrill Must Explain Missing $7.5B Transfer, Suit Says

    An Atlanta investment company asked a Georgia federal court to order Bank of America and Merrill Lynch to explain why they have not credited what the investment company said is a $7.5 billion wire transfer to its account, saying it needs details about where the money is.

  • July 30, 2026

    9th Circ Rules 401(k) Plan Arbitration Clause Unenforceable

    A split Ninth Circuit panel refused Thursday to force individual arbitration of former investment management company worker's proposed class action alleging 401(k) self-dealing, ruling that an arbitration provision in retirement plan documents was unenforceable because it sought to nullify rights guaranteed by federal benefits law.

  • July 30, 2026

    Dem Bill Would End Forced Arbitration In Workplace Disputes

    Democratic lawmakers reintroduced a bill Thursday that would eliminate mandatory arbitration agreements in employment contracts and enhance workers' ability to band together to challenge unlawful employment practices.

  • July 29, 2026

    9th Circ. Vacates Orrick Win In Stock Transfer Deal Dispute

    The Ninth Circuit on Wednesday reversed a lower court's finding that Orrick Herrington & Sutcliffe LLP can't be held liable in a battle over a stock transfer agreement gone awry, ruling that California law does allow a party to the transfer to pursue equitable indemnity in the case.

  • July 29, 2026

    USC Says Caltech Can't Claim Ownership In Multiplexing IP

    The University of Southern California sued a former professor in Los Angeles County Superior Court on Tuesday claiming he and two other inventors impermissibly assigned their rights in multiplexing technology, allegedly developed using USC's resources, to Caltech, which claims sole ownership over it and sued other entities for patent infringement.

  • July 29, 2026

    Trail Cam Co. Says T-Mobile Broke Tech Migration Promises

    T-Mobile is trying to plow forward with a plan to shift Tactacam-branded "trail cameras" that operate on cellular networks to a new technology even though all the tests have failed, which could make millions of cams useless, according to the company that owns those cameras.

  • July 29, 2026

    Calif. Regulator To Appeal $100M OppFi 'Rent-A-Bank' Loss

    California's financial services regulator has appealed a state judge's ruling that it cannot pursue millions in fines against Opportunity Financial for alleged "rent-a-bank" predatory lending, after the judge rejected the regulator's allegation that OppFi was the "true lender" for loans that the company argued originated from an out-of-state partner.

  • July 29, 2026

    10th Circ. Trims $20M Judgment In Wyo. Coal Royalty Row

    A Tenth Circuit panel said a Wyoming federal judge erred when she ordered Bridger Coal Co. to recalculate royalty payments to Wildcat Coal LLC going back to 1986 in a dispute over payments between 2016 and 2020.

  • July 29, 2026

    TaskUs Trims Claims From Coinbase Breach Suit

    A New York federal judge has trimmed claims from a suit alleging a Texas-based Coinbase vendor called TaskUs failed to protect the personal information of Coinbase customers from a bribery-fueled data compromise scheme involving TaskUs employees.

  • July 29, 2026

    Novo Faces Narrowed Investor Suit Over Obesity Drug Claims

    A New Jersey federal judge narrowed a proposed securities class action against Novo Nordisk, preserving claims that it misled investors about the CagriSema obesity drug's tolerability and a flexible protocol used in a clinical trial.

  • July 29, 2026

    Forum Clause Dooms ITC Trade Secret Case Against BMW

    A U.S. International Trade Commission judge has made an initial finding to close a trade secret investigation into BMW's imports of infotainment screens targeted by a California technology company, citing an agreement between the parties saying their disputes had to be hashed out in Germany.

  • July 29, 2026

    King & Spalding Told To End 'Shenanigans' In Bid To Exit Case

    The individual defendants in a $300 million fraud lawsuit have accused King & Spalding LLP of appellate "shenanigans" while it seeks to exit the case due to an alleged ethics conflict, claiming the firm has falsely denied representing corporate clients despite an attorney's appearance suggesting otherwise.

  • July 29, 2026

    Insurers Owe $10M For Ethanol Kickback Award, Ag Co. Says

    The owner of an agricultural management company said liability insurers owed more than $10 million in damages for what he and the company paid toward an arbitration award in a dispute alleging a pay-to-play kickback scheme, saying the insurers improperly applied exclusions and appointed ill-prepared counsel.

  • July 29, 2026

    Glazer Sues In Chancery For More Comerica Merger Records

    A Comerica Inc. stockholder has asked the Delaware Chancery Court to order the bank to turn over additional books and records tied to its merger with Fifth Third Bancorp, alleging the company has improperly withheld key documents needed to investigate whether directors and executives breached their fiduciary duties during the sale process.

  • July 29, 2026

    Manufacturer Can't Recoup Coverage For Gas Leak Losses

    A semiconductor manufacturer is not entitled to additional coverage for losses it incurred after a hydrogen chloride gas leak at one of its facilities, a Texas appellate court ruled, saying the company failed to show it suffered damages that exceeded its policies' deductible and were unrelated to excluded corrosion.

  • July 29, 2026

    Apple, Amazon Beat Bid To Revive IPhone Sales Antitrust Suit

    A Washington federal judge has declined to reinstate a proposed class action accusing Apple and Amazon of illegally limiting iPhone and iPad sales, standing by her previous conclusion that Hagens Berman Sobol Shapiro LLP failed to promptly seek the approval of two substitute plaintiffs after the original lead consumer abandoned the case.

  • July 29, 2026

    PBS Station Sues Data Co. Over 70 Years Of Archived Footage

    A St. Louis public television station has sued a data storage company in Colorado state court to recover 50 terabytes of irreplaceable archival footage and programming spanning seven decades, alleging the company has wrongfully refused to return the data after the station's cloud storage provider ceased operations.

  • July 29, 2026

    Aterian Loses Dismissal Bid In P.J. Mechanical Suit

    The Delaware Superior Court has refused to dismiss a lawsuit accusing private equity firm Aterian Investment Partners of improperly draining millions of dollars from a holding company to avoid paying earnout obligations owed to the former owners of P.J. Mechanical, finding that the founders plausibly alleged that Aterian intentionally interfered with their contract.

  • July 29, 2026

    NC Attorney General's Clash With HCA Cleared For Trial

    The North Carolina Business Court has cleared a path to trial in the state attorney general's suit accusing HCA Healthcare of letting the quality of care at Mission Hospital in Asheville languish.

  • July 29, 2026

    Lowe's Coverage Row, NASCAR Team Tiff: NC Midyear Report

    The North Carolina courts are teeing up for a busy second half of 2026, including readying for a multimillion-dollar insurance trial with Lowe's and speeding through discovery in a high-profile trade secrets dispute involving former NFL coach Joe Gibbs' championship NASCAR team.

  • July 28, 2026

    Randy Quaid Loses Bid To Undo $3.5M Calif. Property Ruling

    Actor Randy Quaid and his wife cannot overturn a $3.5 million judgment awarded to a California couple who bought a Santa Barbara property that once belonged to the Quaids, an appeals court ruled Tuesday, finding substantial evidence supporting claims that the Quaids' false ownership assertions damaged the property's marketability.

  • July 28, 2026

    Baldoni's Studio Owes NYT $170K For Failed Defamation Suit

    "It Ends With Us" director and star Justin Baldoni's production company must pay The New York Times more than $170,000 after it defeated the studio's defamation claims, a New York state judge has ruled, saying the newspaper is entitled to recoup its legal fees.

  • July 28, 2026

    Ill. Judge Questions Construction Rental Antitrust Case

    An Illinois federal judge seemed skeptical Tuesday that a construction equipment rental benchmarking service that allegedly facilitates an illegal rate-fixing scheme among major rental companies includes the sort of enforcement mechanism that would prevent their independent implementation of that data.

  • July 28, 2026

    Texas Judge Calls Late Bid To Disqualify Atty 'Dilatory Tactic'

    A Texas federal judge on Tuesday denied a request to disqualify an attorney representing the former chief executive of a real estate company related to the late mogul Gene Phillips, saying the attempt to knock out the attorney came way too late in the game.

  • July 28, 2026

    SocGen Beats DC Landlord's Suit Over Failed $29M Loan

    A Washington, D.C., federal judge on Tuesday dismissed a lawsuit by a property owner that claimed Société Générale Financial Corp. wrongfully backed out of a planned $29 million loan to refinance a Washington building, ruling that the parties' signed term sheet was only a preliminary negotiating document and not a binding promise to lend.

Expert Analysis

  • 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.

  • Lessons On Contingency Planning From OFAC's Iran Reversal

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    The Office of Foreign Assets Control‘s abrupt revocation of a recent license easing sanctions on Iranian oil products shows commercial dealings relying on OFAC licenses or with higher sanctions risks should expressly address what happens if a policy change makes performance prohibited, says Michelle Roberts at Berliner Corcoran.

  • What Actually Matters To GCs During Cross-Border Disputes

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    A recent international arbitration forum featured an in-house perspective on dispute resolution, highlighting that relationship preservation and other factors may matter more to businesses than success on legal merits, say Michael Mutek at Womble Bond and Mark Stadnyk at Thyssenkrupp Nucera.

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