Commercial Contracts

  • April 17, 2026

    Fed. Circ. Reverses $18M Penile Implant Trade Secret Win

    In a unanimous precedential decision, the Federal Circuit on Friday largely reversed a California jury's $18.3 million trade secret verdict over a penile implant, holding that the asserted secrets were already publicly disclosed or generally known and therefore not protectable.

  • April 16, 2026

    Texas Biz Court Questions Scope Of Oil Terminal Judgment

    A Texas business court judge on Thursday contemplated how to interpret deals tied to a proposed oil export terminal, with one investor's requested declaratory and injunctive relief disputed by three defendants.

  • April 16, 2026

    Ex-ByteDance Exec Fights Perjury Sanction At 9th Circ.

    A former ByteDance executive urged the Ninth Circuit Thursday to revive a suit he filed against the TikTok owner after he was fired, saying the case should've been heard in state court and a federal judge had no jurisdiction to order terminating sanctions after finding he perjured himself.

  • April 16, 2026

    San Diego Alleges Fire Truck-Makers Attempted Monopoly

    San Diego has alleged in a federal lawsuit that fire truck manufacturers REV Group and Oshkosh Corp., along with private equity firm American Industrial Partners, orchestrated an anticompetitive scheme to consolidate the market and charge municipalities across the nation inflated prices.

  • April 16, 2026

    OpenAI, Musk OK With Bifurcated Trial And Advisory Jury

    Elon Musk, OpenAI and Microsoft agreed Thursday to a California federal judge's proposal to bifurcate the trial's liability phase from the remedies phase in a case challenging the artificial intelligence company's conversion to a for-profit entity, and that the jury for the liability phase should serve on an advisory basis.

  • April 16, 2026

    Vineyard Wind Seeks Order For GE To Finish Offshore Project

    An attorney for Vineyard Wind urged a Boston judge on Thursday to force a GE Vernova subsidiary to finish work on a massive offshore wind project off the coast of Massachusetts, saying only GE can do the work that would bring the wind farm to full power.

  • April 16, 2026

    Lemonade To Pay $10.5M In Driver's License Data Breach Suit

    Lemonade will pay $10.5 million to settle with a proposed class of over 190,000 individuals who said the tech-forward insurer's online quote platform negligently disclosed their drivers' license numbers to cybercriminals, according to a preliminary approval motion filed Wednesday in New York federal court. 

  • April 16, 2026

    Timeshare Exit Patrons Nab Reversal In Coverage Denial Row

    A Washington federal judge held she made a "mistake" when she rejected arguments that an insurer acted in bad faith by declining to defend a now-defunct timeshare exit company from a consumer protection class action that yielded a $630 million deal.

  • April 16, 2026

    AGs' Win Over Live Nation Leaves DOJ Watching From The Side

    Live Nation Entertainment Inc.'s across-the-board trial rout by 34 state attorneys general underscores the ascendancy of state antitrust enforcers looking to fill perceived enforcement gaps left by the U.S. Department of Justice during President Donald Trump's second term.

  • April 16, 2026

    Capital One Hit With Class Action Over Canceled Rewards

    Capital One has been hit with a proposed class action in Virginia federal court accusing it of unlawfully canceling billions of dollars in earned credit card rewards by unilaterally closing customers' accounts without cause.

  • April 16, 2026

    6th Circ. Asks Retirees To Answer Mortality Data Suit Redo Bid

    The Sixth Circuit on Thursday asked participants in Kellogg and FedEx pension plans to respond to the companies' bids for reconsideration of the court's decision to revive their lawsuits alleging benefits were miscalculated because the plans used outdated mortality data.

  • April 16, 2026

    Delivery Co. Says Claim Errors Raised Auto Policy By $500K

    An Amazon delivery service provider told a Connecticut state court that two claims management services administrators inaccurately reported the provider was at fault for a collision that resulted in a $200,000 payout, causing its auto policy premiums to increase by more than $500,000 a year.

  • April 16, 2026

    Fla. Panel Upholds Ex-Worker's Postclaim Arbitration Deal

    A Florida state appellate panel on Wednesday barred a woman from pursuing sexual discrimination allegations against her former employer in court, saying she agreed to arbitrate her claims in a settlement that followed her initial U.S. Equal Employment Opportunity Commission charge. 

  • April 16, 2026

    Mich. Insurance Co. Says Ex-Brokers Violated Noncompetes

    A Grand Rapids-based insurance and financial services company has sued two of its former California employees, accusing them of jumping to a direct competitor in violation of noncompete and nonsolicitation agreements tied to multimillion-dollar deals in which they sold their insurance businesses to the company. 

  • April 16, 2026

    5th Circ. Axes Southwest Customers' 737 Max Overcharge Suit

    The Fifth Circuit on Thursday shut down proposed class claims alleging Southwest Airlines overcharged consumers for riskier flights on Boeing 737 Max 8 jets, saying the consumers' alleged economic injury theory was implausible and that they lacked standing to sue.

  • April 16, 2026

    Power Plant Contractor Seeks To Enforce $20M Iraq Award

    A Lebanese company asked a Washington, D.C., federal judge to confirm and enforce a $20 million arbitral award, plus interest, it secured against Iraq after it was cut out of a deal for a power plant project in Baghdad.

  • April 16, 2026

    Equity Residential Cuts $56M Deal In RealPage MDL

    A Chicago-based real estate investment trust has reached a $56 million settlement in a sprawling, multidistrict antitrust class action that claims the REIT and multiple landlords used property management software company RealPage Inc.'s revenue management software for rent price-fixing.

  • April 16, 2026

    Del. Rejects Fiduciary Claim Over Competing Opioid Clinic

    The Delaware Chancery Court on Thursday largely rejected a healthcare company's claims that a former executive unlawfully competed against it by launching a nearby opioid treatment clinic, finding only a narrow breach of fiduciary duty and awarding just over $1,600 in damages.

  • April 16, 2026

    Michigan City, Police Brass Hit With Retaliation Claims

    Two decorated former Wyandotte police officers who say they were punished for speaking out about abusive policing practices that include excessive force and falsified reports, are suing the city and its current and prior police chiefs in Michigan federal court, alleging their rights to free speech were violated.

  • April 16, 2026

    Pa. Bakery Blasts Insurer Over Denied Collapse Coverage

    A Pittsburgh-area bakery told a Pennsylvania state court its insurer denied coverage for a collapsed fire escape without ever inspecting the property.

  • April 16, 2026

    11th Circ. Says Co. Owes $80M In I-4 Joint Venture Row

    The Eleventh Circuit on Wednesday affirmed an $80 million judgment against The Lane Construction Corp. after finding its joint venture partner, Skanska USA Civil Southeast Inc., acted in the best interests of the venture when it refused Lane's calls to back out of a $2.3 billion central Florida highway project.

  • April 16, 2026

    Dems Call On Watchdog To Probe DOJ Antitrust Work

    A group of Democratic federal lawmakers this week called on the U.S. Department of Justice's acting inspector general to investigate the possibility that lobbying has led to misconduct in the department's antitrust work, including the DOJ's recent surprise settlement with event ticketing giant Live Nation.

  • April 16, 2026

    Fed. Circ. Snubs Early Appeal In Camera Tech Patent Feud

    The Federal Circuit on Thursday denied U.S. Navy contractor FullView Inc.'s request to appeal a California federal judge's invalidation of claims in its camera technology patent for not meeting eligibility requirements and the exclusion of a damages expert's testimony in litigation against HP unit Polycom.

  • April 16, 2026

    Colo. Fire District Hits Manufacturers With Price-Fixing Suit

    The nation's largest fire truck manufacturers and an industry trade group conspired to restrict supply and inflate prices, forcing municipalities to pay millions more for emergency equipment, a Colorado fire protection district alleged in a proposed class action filed in federal court.

  • April 15, 2026

    Larry King's Estate Says Supplement Co. Still Using His Name

    Larry King's estate sued operators of a prostate health supplement company in California state court Wednesday, alleging they continued using his name and likeness to advertise their product even after striking a legal settlement agreeing to stop.

Expert Analysis

  • How Bankruptcy Law Caps Landlords' Rejected Lease Claims

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    With corporate bankruptcy filings for the first half of the year at a 15-year high, landlords should be prepared for commercial tenants to use the bankruptcy process to reject unwanted leases in order to lessen corporate footprints and improve liquidity, say attorneys at Mintz.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • How To Address Tariff-Related Risks In Commercial Contracts

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    Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • A New IP Game Plan For College Football Players

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    For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.

  • 11th Circ. Ruling Shows Federal Question Jurisdiction Limits

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    The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • Opinion

    The Fallout Of Drake's Defamation Suit Against UMG

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    Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • 2 Appellate Rulings Offer Clickwrap Enforcement Road Map

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    Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.

  • SDNY Ruling Reinforces Joint Steering Committee Obligations

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    The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

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