Commercial Contracts

  • July 02, 2026

    The Sharpest Dissents From The Supreme Court Term

    The sharpest dissents this term often involved the president, and pitted conservative and liberal justices against each other on core constitutional issues and questions about the limits to executive power, with nearly a quarter of cases being decided squarely along ideological lines.

  • July 02, 2026

    The Year Donald Trump Won Big At The High Court

    The Supreme Court's conservative supermajority and President Donald Trump largely aligned this year on issues of executive power, resulting in a series of decisions that significantly expanded presidential authority.

  • July 02, 2026

    Minn. Judge Won't Let Cypriot Gaming Co. Force Arbitration

    A Minnesota federal judge has denied a request by the Cypriot operator of the online "social gaming" site Stake to force a proposed illegal gambling class action into arbitration, saying it still isn't clear whether the terms and conditions containing an underlying arbitration agreement are valid.

  • July 02, 2026

    McCarter Atty Knew 'Magic Words' For $20M Deals, Court Told

    If a onetime McCarter & English LLP partner had raised a single red flag about a Long Island town's legally flimsy agreement to repay $20 million worth of a businessman's loans, the ill-fated deals never would have gone forward, a Connecticut court heard.

  • July 02, 2026

    HP, Dell, Asus Prove License To Beat Infringement Claims

    HP Inc., Dell Technologies Inc. and ASUSTeK Computer Inc. have implied licenses to LiTL LLC's portable computer patents, a judge in Delaware federal court concluded, freeing them from infringement allegations.

  • July 02, 2026

    YPF Investors Fight Argentina Over Discovery In $16B Case

    As investors in Argentine oil and gas exploration company YPF SA gear up for a multibillion-dollar arbitration against Argentina, disputes still remain over exactly what discovery from a parallel proceeding in New York can be used in the arbitration.

  • July 02, 2026

    Del. Magistrate Orders JPMorgan To Advance Javice Fees

    The Delaware Chancery Court ruled that JPMorgan Chase & Co. must advance millions more in disputed legal fees to cover the appeal of the convicted founder of college financial aid startup Frank, concluding the bank failed to meet Delaware's demanding standard for withholding advancement by showing the billing requests reflected "clear abuse."

  • July 02, 2026

    Calif. Vape Firm Says Wyoming Hemp Co. Owes $1M

    Two multistate hemp entrepreneurs must be forced to foot the bill for $1 million worth of vape products their company bought, claims a lawsuit filed by a California-based manufacturer that suggests they allowed their company to become administratively dissolved to avoid paying their debts.

  • July 02, 2026

    PenFed Borrowers Seek Early Win In 'Pay-To-Pay' Suit

    A class of Pentagon Federal Credit Union borrowers who allege that the lender illegally charged fees for making loan payments by phone or online have asked a West Virginia federal judge for an early win in the action, claiming facts are indisputable at this stage in the litigation.

  • July 02, 2026

    NJ Top Court Snapshot: Indemnity Provisions, Truth Defense

    Three of the most recent cases to head to the New Jersey Supreme Court will address the admission of evidence in criminal proceedings and civil issues including indemnification.

  • July 02, 2026

    CoStar Pushes Back In Antitrust Suit, Seeks Virginia Transfer

    CoStar Group has urged a Washington, D.C., federal judge to transfer a brokerage's antitrust lawsuit against the company to Virginia federal court, citing a mandatory forum selection clause in its terms of service that the plaintiff, a CoStar customer, had agreed to 43 times.

  • July 02, 2026

    Skadden Adds Mass Torts Litigator As Partner In Chicago

    Skadden Arps Slate Meagher & Flom LLP has grown its mass torts litigation offerings in Chicago with the addition of a Goldman Ismail Tomaselli Brennan & Baum LLP attorney, the firm said.

  • July 02, 2026

    Self-Storage Co. Shareholder Sues Over Public Storage Deal

    A shareholder of self-storage real estate investment trust National Storage Affiliates Trust sued the company and another self-storage REIT, Public Storage, over their proposed $10.5 billion all-stock merger, alleging in Colorado state court that NSA hid "critical facts" about the deal so that its shareholders would approve it.

  • July 02, 2026

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's stark ideological divisions were on full display this term, particularly as it issued long-awaited rulings in the last few days of June. Here, Law360 dives into the numbers behind this court term.

  • July 02, 2026

    Del. High Court Revives $100M Paragon Fraud Case

    The Delaware Supreme Court has revived fraud claims arising from private equity firm Stellex Capital Investors' $100 million acquisition of automotive components manufacturer Paragon Metals LLC, ruling that the buyer justifiably relied on the seller's contractual warranties.

  • July 02, 2026

    Conn. Judge Voids Contractor Policy Over False Statements

    A Union Mutual unit has no duty to defend a masonry business owner from allegations that he did incomplete work on a home, a Connecticut federal judge ruled, finding his insurance policy was void because he lied on his application.

  • July 02, 2026

    NFL, Ex-Coach Ordered To Meet Amid Discovery Fight

    A New York federal judge has ordered attorneys litigating former Miami Dolphins coach Brian Flores' proposed racial discrimination class action against the NFL to hold an in-person meeting to resolve numerous discovery disputes that are bogging down the case.

  • July 01, 2026

    Chancery Court Sends SpaceX-Linked Dispute To Arbitration

    The Delaware Court of Chancery has refused to halt a New York arbitration between software company Trellis and investment firm ClearList, ruling instead that the parties had delegated threshold questions of arbitrability to an arbitrator through their services agreement and requiring the dispute to proceed outside Delaware.

  • July 01, 2026

    Amgen Wins Order Blocking Colorado's Enbrel Price Cap

    Colorado is preliminarily blocked from enforcing its price cap on Amgen's rheumatoid arthritis drug Enbrel, a federal judge ruled Wednesday, saying the biotech company is likely to succeed on its claim that federal patent law preempts the state's effort to limit the price of patented medications.

  • July 01, 2026

    Calif. Judge Sends $2M Cannabis Land Dispute To Arbitration

    A Los Angeles County judge has hit pause on a $2.2 million lawsuit accusing a cannabis company of misappropriating an investor's contribution after both sides agreed to take the case to arbitration.

  • July 01, 2026

    Fubo Faces Adeia Streaming Patent Suit In Del.

    Adeia Media Holdings on Wednesday sued FuboTV in Delaware federal court alleging the sports streaming venture infringed four of its patents, months after the patent owner announced a deal to end infringement litigation against Fubo's controlling company Disney.

  • July 01, 2026

    Watchdog Says DOL Needs Better Info Sharing Controls

    The U.S. Department of Labor's lack of controls over information sharing between subagencies and nongovernmental entities, including law firms and legal advocacy organizations, may have unfairly advantaged those parties with privileged investigative information, an agency watchdog reported, though use of the practice has dropped off. 

  • July 01, 2026

    Sign Co. Says WSFS Sanctions Bid Violates Mediation Deal

    A sign company asked a New Jersey federal court to sanction Wilmington Savings Fund Society FSB over claims that it violated mediation confidentiality in the bank's suit alleging breach of contract and professional negligence after part of the signage on its Philadelphia building broke off and fell 40 stories to the ground.

  • July 01, 2026

    Insurer Says COVID Test Co. Knew Of Theft Prior To Policy

    An insurer said it doesn't owe coverage to a COVID-19 test kit supplier for the purported theft of $106 million by its former directors and officers, telling a Nevada federal court that the alleged loss was first discovered a month before the commercial crime policy's inception.

  • July 01, 2026

    4 Mass. Rulings You May Have Missed In June

    An advisory firm's failure to register as a broker before diving into work on a $2.1 billion take-private deal last year has cost it, while emails and text messages took center stage in several other disputes pending in Massachusetts state court in June.

Expert Analysis

  • Structuring Water Agreements For Data Center Development

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    For developers of artificial intelligence data centers, water use is now a threshold feasibility and financing variable amid a regulatory landscape with a state-driven push for transparency and federal push to streamline pathways for AI-related infrastructure, say attorneys at Pillsbury.

  • Lessons From Justices' Split On Major Questions Doctrine

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    The justices' varied opinions in Learning Resources v. Trump, which held the International Emergency Economy Powers Act did not confer the power to impose tariffs, offer a meaningful window into the U.S. Supreme Court's perspective on the major questions doctrine that will likely shape lower courts' approach to executive action challenges, say attorneys at Venable.

  • Proposed DOL Rule Could Simplify Contractor Classification

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    If the U.S. Department of Labor's recently proposed rule governing employee versus independent contractor classification is finalized, it would permit energy sector employers to evaluate the nature of the working relationship with a more straightforward and predictable analysis than the 2024 rule's unweighted test, say attorneys at Bracewell.

  • How The New Tariff Landscape May Unfold

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    To replace tariffs formerly imposed under the International Emergency Economic Powers Act, the administration will rely on a patchwork of statutes, potentially leading to procedural challenges and a complex tariff landscape with varying levels, durations and applicability, says Joseph Grossman-Trawick at King & Spalding.

  • What GCs Should Keep In Mind When Developing AI Addenda

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    When general counsel develop their own customer-side artificial intelligence addenda to be used as the baseline for negotiations with AI vendors, they should take care to rightsize the addenda relative to their organization's size, complexity and bargaining power, say attorneys at Polsinelli.

  • 2nd Circ. Kazakh Ruling Clarifies RICO Rule, FSIA Exception

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    The Second Circuit's recent Yerkyn v. Yakovlevich ruling, dismissing a Racketeer Influenced and Corrupt Organizations Act claim, demonstrates that RICO's domestic injury requirement is a merits question, and reaffirms the Foreign Sovereign Immunities Act's commercial activity exception, says Brant Kuehn at Greenspoon Marder.

  • Character.AI Case Highlights Agentic AI Liability Questions

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    The recently settled litigation against Character Technologies Inc. provides an early case study for exploring salient legal issues related to agentic artificial intelligence, such as tort liability, strict liability, statutory liability and contractual liability, says Samuel Mitchells at Smith Gambrell.

  • How DOL Rule Would Preserve App-Based Contractor Work

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    The U.S. Department of Labor's proposed 2026 independent contractor rule reinforces the centrality of worker autonomy and entrepreneurial opportunity that characterize many app-based arrangements, and returns to a framework that may offer increased predictability for platforms and workers alike, say attorneys at Gibson Dunn.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • Compliance Takeaways Amid Subscription Practices Scrutiny

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    The Federal Trade Commission's prioritization of enforcement regarding deceptive billing and cancellation practices in recurring subscriptions, and new click-to-cancel rulemaking expected on the horizon, carry key takeaways for companies using recurring subscriptions to sell products or services, say attorneys at Arnold & Porter.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

  • What Kalshi Cases Reveal About State Authority, Regulation

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    Prediction markets like Kalshi have ignited complex legal battles that get to the heart of how novel financial products intersect with traditional state enforcement authority, and courts are already beginning to divide over whether federal law preempts state enforcement authority restricting these offerings, say attorneys at Holtzman Vogel.

  • What US Arms Sales Reforms Mean For Defense Industry

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    A recent executive order with the goal of increasing U.S. arms sales transparency, speed and government-industry collaboration carries both promise and risk for the defense industry as the government seeks to leverage the private sector and use commercial products for defense purposes, say attorneys at Fluet.

  • How Recent Del. Rulings Clarify M&A Deal Fraud Carveouts

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    Two recent Delaware decisions have provided clarity regarding when a party can or cannot rely on representations made during the course of an M&A transaction, particularly on the scope and enforceability of antireliance provisions, and on representations they knew or should have known were false, says Anthony Boccamazzo at Olshan Frome.

  • Aligning Microsoft Tools With NYC Bar AI Recording Guidance

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    The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

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