Commercial Contracts

  • July 13, 2026

    SEC Says Crypto Service Agreement Is Investment Contract

    The U.S. Securities and Exchange Commission has asked a Texas federal judge to find that service agreements offered by two crypto mining fraudsters count as investment contracts, and thus securities, saying the court should grant judgment as a matter of law.

  • July 13, 2026

    Toyota Should Be Freed From IP Suit, Judge Says

    A Texas federal judge has recommended allowing Toyota to avoid allegations it infringed a half dozen vehicle infotainment patents, saying the automaker already has a license to the intellectual property.

  • July 13, 2026

    Hyundai Urges Arbitration Of Emergency Braking Claims

    Hyundai has urged a California federal judge to send a proposed class action over its allegedly faulty automatic emergency braking system into arbitration, arguing that the drivers accepted an arbitration provision when they agreed to the terms and conditions of its Bluelink services to obtain optional integrated connectivity features. 

  • July 13, 2026

    Software Co.'s Lack Of 'Diligence' Dooms Late TM Suit Update

    A North Carolina federal judge has faulted a software company's "lack of diligence" in submitting proper paperwork to the U.S. Patent and Trademark Office and notifying the court its trademark was canceled as the judge denied the company's request to amend its lawsuit against a European rival.

  • July 13, 2026

    Solar Co. Loses Challenge To Validity Of Conn. Panel Seats

    A Connecticut state court judge has turned away a solar developer's argument that three commissioners were sitting illegally on the Public Utilities Regulatory Authority when they ruled in favor of an Avangrid Inc. unit as part of a dispute over a power purchase agreement.

  • July 13, 2026

    Ex-Viking Plastics CEO Seeks Advancement In Del. Chancery

    Former Viking Plastics CEO Kelly Goodsel has asked the Delaware Chancery Court to order VPI Acquisition LLC to advance his legal fees in litigation accusing him of fraud during the company's $40 million sale, arguing the purchase agreement mandates this because the claims stem directly from his service as chief executive.

  • July 13, 2026

    7th Circ. Revives Teva Suit Over Eli Lilly Generic Drug Block

    The Seventh Circuit on Monday revived a breach-of-contract lawsuit against Eli Lilly, ruling that an earlier legal settlement under which Eli Lilly agreed not to block the approval and marketing of Teva Pharmaceuticals' generic version of its osteoporosis drug Forteo didn't necessarily expire when the underlying patents did.

  • July 13, 2026

    Gaming Co. Settles Usurious Loan Suit Against BHG Financial

    A couple who sought financing from nationwide lender BHG Financial LLC to open an esports gaming café has settled a lawsuit alleging the loan agreement was usurious and contained "unconscionable terms," according to an order in North Carolina federal court.

  • July 13, 2026

    NC Co.'s $9.8M Indemnity Payment Not Covered, Insurers Say

    A building products manufacturer is not entitled to coverage after reimbursing its financial adviser $9.8 million for defense and settlement costs incurred in litigation over a take-private transaction, the company's excess directors and officers insurers told a North Carolina federal court.

  • July 13, 2026

    Equipment Co. Sues Pa. Railroad Over Abrupt Access Block

    A Pittsburgh industrial equipment company says a short-line railroad adjacent to its property has suddenly stopped a decades-long practice of allowing it to use an access road alongside the tracks, closing off access to the company's loading docks, according to a lawsuit filed in Pennsylvania state court.

  • July 13, 2026

    Cannabis Co. Says Mich. City Forced Illegal License Waiver

    A marijuana dispensary in Michigan's Upper Peninsula told a federal court that a Michigan municipality changed cannabis licensing rules midway through the process and committed fraud and breach of contract.

  • July 13, 2026

    DHS Revives Plan For NJ Immigrant Detention Center

    The U.S. government told a federal judge that it's actually still considering plans to turn a New Jersey warehouse into an immigrant detention center, a week after it reported it no longer intended to pursue the challenged project.

  • July 13, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week handled disputes involving corporate control, post-closing competition, executive departures, arbitration awards and shareholder litigation.

  • July 10, 2026

    WhatsApp Users Must Arbitrate Claims Over Private Messages

    A California federal judge has ordered WhatsApp users suing the messaging platform in a proposed class action over alleged privacy violations to arbitration, rejecting their argument that the underlying arbitration agreements improperly short-circuit certain of state law claims.

  • July 10, 2026

    Toyota Industries' $436M Forklift Emissions Deal Gets Signoff

    A California federal court on Friday officially signed off on Toyota Industries Corp.'s approximately $436 million settlement to resolve a proposed class action alleging that it and other entities misled customers about the true emissions levels of Toyota forklift engines.

  • July 10, 2026

    Google Accused Of Plundering Car Photos To Train AI Ad Tool

    Google harvested thousands of copyrighted images of vehicles to train its artificial intelligence image generator and to integrate the tool into its ad business, where it reaps a "substantial amount of revenue," according to a lawsuit filed by automotive photography company Evox Productions in California federal court.

  • July 10, 2026

    Del. Justices Nix $16M Fee Award In SpaceX Investment Fight

    The Delaware Supreme Court on Friday erased a $16 million fee award stemming from a dispute over a fund manager's handling of a failed $50 million SpaceX investment, concluding that although the fund manager committed a limited breach of a "duty of candor," shifting all litigation expenses to him was unwarranted.

  • July 10, 2026

    McCarter & English Doesn't Owe Insurers $21.3M, Judge Told

    Two Phoenix insurers are demanding an unreasonably high damages award on contract and malpractice claims against McCarter & English LLP and a onetime partner for alleged failings amid commercial loan transactions, a defense finance expert told a Connecticut court, calling the multimillion-dollar figure "speculative."

  • July 10, 2026

    DOJ Defends Nurse Wage-Fixing Conviction At 9th Circ.

    The U.S. Department of Justice urged a Ninth Circuit panel to reject a Las Vegas home nursing executive's appeal of its first-ever criminal wage-fixing conviction, defending its trial characterization of a leniency deal with a cooperating company and the inclusion of the executive's statement likening nurses to prostitutes.

  • July 10, 2026

    Broker Wants Out Of Oil Co.'s Bond Insurance Conspiracy Suit

    An insurance broker urged a Texas federal court to dismiss it from litigation alleging a group of insurers conspired to set unreasonable terms for surety bonds, arguing an oil company behind the suit failed to demonstrate the broker had a role in what the company alleged was a scheme.

  • July 10, 2026

    Feds Seek $16.2M Restitution In Counterfeit Apple Device Suit

    Prosecutors asked a California federal judge on Friday to order a Chinese national to pay part of the $16.2 million in restitution to Apple Inc. for her role in a scheme in which fraudsters returned counterfeit iPhones, iPads and other Apple products in exchange for genuine Apple devices.

  • July 10, 2026

    'Disloyal' CEO Must Pay Co.'s $816K Fox Rothschild Fees

    Oamic Ingredients LLC has won an order forcing its "disloyal" former CEO to pay the Wyoming-based flavoring and aroma firm's Fox Rothschild LLP lawyers nearly $816,000 in fees and costs, with a Connecticut judge chiding the ex-CEO and attorney's poor knowledge of state laws and court rules.

  • July 10, 2026

    Ex-Biomedical Worker Axed For Not Altering Data, Suit Says

    A former regulatory affairs specialist for biomedical company Vitara has alleged in New Jersey state court that she was fired in retaliation for refusing to manipulate data in the company's bid to perform the first human trial of its technology aimed at helping premature newborns.

  • July 10, 2026

    Dissolved LLC Can't Revive Trade Secret Suit, 5th Circ. Says

    The Fifth Circuit has refused to revive a defunct Louisiana company's trade secret suit against a business that won a bid for certain onshore drilling assets and the bank that financed the buy, finding it dissolved itself before actually filing the case.

  • July 10, 2026

    Navistar And Truck Co. Debate Contract In $16M Trial Closings

    Closing arguments Friday in the breach of contract case brought by GLS Leasco trucking company against truck manufacturer Navistar in Michigan federal court dug deep into the semantics of the contracts and communications between the parties, with the two sides disputing whether June 30, 2022, was a firm truck delivery date or an estimated date by which the 1,100 ordered trucks would be built.

Expert Analysis

  • Monetizing EV Charging Stations For Long-Term Success

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    An electric vehicle charging station's longevity hinges on monetizing operations through diverse revenue streams, contractual documentation of charge point operators' and site hosts' rights and responsibilities, and ensuring reliability and security of facilities, says Levi McAllister at Morgan Lewis.

  • Mind The Gap: Crafting D&O Straddle Coverage For M&A

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    A recent Florida federal court decision highlights an often-overlooked risk for those negotiating directors and officers insurance coverage for mergers and acquisitions: the potential for so-called straddle claims, falling in the gap between tail and go-forward coverage, say attorneys at Reed Smith.

  • Calif.'s Civility Push Shows Why Professionalism Is Vital

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    The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.

  • Locations, Permits And Power Are Key In EV Charger Projects

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    To ensure the success of public electric vehicle charging infrastructure projects, developers, funders, site hosts and charge point operators must consider a range of factors, including location selection, distribution grid requirements and costs, and permitting and timeline impacts, says Levi McAllister at Morgan Lewis.

  • Series

    Trivia Competition Makes Me A Better Lawyer

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    Playing trivia taught me to quickly absorb information and recognize when I've learned what I'm expected to know, training me in the crucial skills needed to be a good attorney, and reminding me to be gracious in defeat, says Jonah Knobler at Patterson Belknap.

  • Series

    Law School's Missed Lessons: What Cross-Selling Truly Takes

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    Early-career attorneys may struggle to introduce clients to practitioners in other specialties, but cross-selling becomes easier once they know why it’s vital to their first years of practice, which mistakes to avoid and how to anticipate clients' needs, say attorneys at Moses & Singer.

  • Series

    Judges On AI: Practical Use Cases In Chambers

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    U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.

  • Notable Q4 Updates In Insurance Class Actions

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    Last quarter featured a novel class action theory about car rental reimbursement coverage, another win for insurers in total loss valuations, a potentially broad-reaching Idaho Supreme Court ruling about illusory underinsured motorist coverage, and homeowners blaming rising premiums on the fossil fuel industry, says Kevin Zimmerman at BakerHostetler.

  • USPTO Initiatives May Bolster SEP Litigation In The US

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    The U.S. Patent and Trademark Office's recent efforts to revitalize standard-essential patent litigation face hurdles in their reliance on courts and other agencies, but may help the U.S. regain its central role in global SEP litigation if successful, say attorneys at Axinn.

  • If Your AI Vendor Goes Bankrupt: Tackling Privacy And 'Utility'

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    Because bankruptcies of artificial intelligence vendors will require courts to decide in the moment how to handle bespoke deals for AI tools, customers that anticipate consumer privacy concerns in asset disposition and questions about utility and critical-vendor classifications can be better positioned before proceedings, say attorneys at Sidley.

  • Series

    Trail Running Makes Me A Better Lawyer

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    Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.

  • What Artists Can Learn From Latest AI Music Licensing Deals

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    Recent partnerships between music labels and artificial intelligence companies raise a number of key questions for artists, rightsholders and other industry players about IP, revenue-sharing, and rights and obligations, say attorneys at Manatt.

  • If Your AI Vendor Goes Bankrupt: Keeping Licensed IP Access

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    With contracting norms still evolving to account for the licensing of artificial intelligence tools, customers that need to retain access to key AI products in the event of vendor’s bankruptcy should consider four elements that could determine whether they may invoke traditional Section 365(n) intellectual property protections, say attorneys at Sidley.

  • Malpractice Claim Assignability Continues To Divide Courts

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    Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.

  • Tips For Financial Advisers Facing TRO From Former Firm

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    The Eighth Circuit's recent decision in Choreo v. Lors, overturning a lower court's sweeping injunction after financial advisers moved to a new firm, gives advisers new strategies to fight restraining orders from their old firms, such as focusing on whether the alleged irreparable harm is calculable, say attorneys at Kutak Rock.

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