Commercial Contracts

  • 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.

  • July 10, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen lawyer Ian Rosenblatt launch legal action against music mogul Simon Cowell, Boohoo face a fresh investor claim after previously facing allegations that it feigned ignorance of labor abuses in its supply chain, and an ex-Tory MP and his chief of staff sued by their former employer. Here, Law360 looks at these and other new claims in the U.K.

  • July 09, 2026

    Wash. Judge Grants Amazon Win In Audible Auto-Enroll Suit

    A Washington federal judge handed a win to Amazon.com Inc. on Thursday, dismissing a shopper's proposed class action accusing the e-commerce giant and its subsidiary Audible Inc. of deceptively enrolling customers in audiobook service subscriptions.

  • July 09, 2026

    Promoter Can't Escape Suit Over Drakeo's Backstage Killing

    A Los Angeles judge held Thursday that a promoter who booked some acts for a concert where rapper Drakeo The Ruler was killed cannot escape a consolidated wrongful death suit brought by the artist's family and associates, ruling his insistence he was not responsible for security at the concert is not enough evidence.

  • July 09, 2026

    Cookies Retail Led Dispensary Into $1.9M Tax Crisis, Suit Says

    Six entrepreneurs alleged in a California state court lawsuit that cannabis giant Cookies Retail pushed them out of their dispensary and took control over its bank accounts, leaving the retail shop saddled with nearly $2 million in unpaid taxes.

  • July 09, 2026

    McCarter Atty Didn't Bungle $20M NY Deals, Conn. Court Told

    McCarter & English LLP and a onetime partner did not commit legal malpractice when representing the lenders in $20 million worth of loan deals that fell apart when the borrower defaulted and a municipal obligor refused to pay, a defense expert told a Connecticut state court on Thursday.

  • July 09, 2026

    9th Circ. Spurns Doxo's Bid To Arbitrate Class Action

    The Ninth Circuit backed a Washington district court's decision to deny online bill-pay service Doxo Inc.'s bid to arbitrate class claims that it deceived customers by not disclosing fees upfront, saying the company waited too long and litigated too much before pushing for arbitration.

  • July 09, 2026

    NC Biz Court Tosses Lot Owners' $1.45M Helene Fee Fight

    The North Carolina Business Court has scrapped a legal challenge over a $1.45 million special assessment levied against property owners in a gated community to cover Hurricane Helene damages, finding the lot owners failed to plead any facts in support of their claims.

  • July 09, 2026

    Regeneron Cites Medtronic Ruling In Amgen Bundling Case

    Regeneron has told a Delaware federal judge there is new reason to preserve its $407 million win against Amgen over cholesterol drug bundling after a California federal judge found in an analogous case that the plaintiff need not prove the defendant had monopoly power over every item in a bundle.

  • July 09, 2026

    5th Circ. Prods Highland-Affiliated Co. On Ex-CEO's 'Privity'

    A Fifth Circuit panel pressed an entity related to Highland Capital to explain why a fraudulent transfer claim against Highland's former CEO should stand following a separate consent judgment, asking when the former chief executive ceased to be "in privity with Highland."

  • July 09, 2026

    Tesla Keeps Part Of Arbitration Award In Battery IP Feud

    A California federal judge has backed part of an arbitration award blocking a Tesla supplier from selling certain electric vehicle battery equipment to anyone other than Tesla, but said the arbitrator needs to take another look at other parts of the injunction.

  • July 09, 2026

    Colombian Entrepreneur Cooked Books To Sell Co., Suit Says

    Investment advisory firm Christofferson Robb & Co. has sued former Colombian presidential candidate Santiago Botero and several other entities, claiming they participated in a scheme to inflate the financial performance of Botero's failing loan servicing company that benefited the business executive, his family and friends.

  • July 09, 2026

    USF Must Pay Fees Over Destroyed Notes In Sex Abuse Suit

    A California magistrate judge has ordered the University of San Francisco to pay legal fees stemming from the destruction of its former athletic director's notes in a suit over alleged sexual harassment within the school's baseball program.

  • July 09, 2026

    Insurer Says Freight Cos. Blew Coverage Of $59M Judgment

    An insurer defending two freight companies as they appeal a $59 million personal injury judgment against them urged a New Jersey federal court to find they aren't owed any coverage because, the insurer alleged, they went behind the insurer's back by working with the injured motorist.

  • July 09, 2026

    Colo. Panel Nixes Developer's $1.2M Atty Fee Award

    Colorado appellate judges held for the first time Thursday that a trial court's order denying a request for attorney fees is not final and appealable until the trial court resolves every party's fee request, siding with a property owners association's bid to reverse a developer's $1.26 million fee award.

  • July 09, 2026

    3rd Circ. Hints At Reviving $100M Verdict Against Caterpillar 

    The Third Circuit Thursday appeared skeptical of Caterpillar Inc.'s argument that a lower court's decision to vacate $100 million in damages awarded to a defunct equipment importer should stand, suggesting the heavy equipment maker's argument would foreclose new businesses from ever receiving lost profits.

  • July 09, 2026

    Sandoz's Patent Loss Blocks Antitrust Suit, 4th Circ. Told

    Retired U.S. Circuit Judge Paul R. Michel is backing Amgen against Sandoz's Fourth Circuit appeal, arguing in an amicus brief that the final say over now-nixed allegations of blocked biosimilar competition to arthritis drug Enbrel came when Amgen successfully sued Sandoz for patent infringement.

Expert Analysis

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • Legal Risks Of Using AI To Screen Psychedelic Trial Patients

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    Though using artificial intelligence to preemptively identify drug trial participants likely to experience placebo effects could produce clearer research results, sponsors will need to be ready for the new legal questions these methods raise about informed consent, accountability for algorithmically derived criteria, and potential bias in data training sets, says Kimberly Chew at Husch Blackwell.

  • Trump EOs Pair Quantum Push With Cyber Defense Overhaul

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    Two recent executive orders that mark a significant federal commitment to both advancing and defending against quantum technology create potential opportunities for companies in the quantum, AI and technology sectors and pose future compliance obligations contractors should begin considering now, say attorneys at King & Spalding.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • Tariff Refunds May Reshape Loan Covenant Calculations

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    Tariff refunds issued after the U.S. Supreme Court's Learning Resources decision may complicate borrowers' covenant calculations depending on accounting treatment, the timing of recognition, customer reimbursement obligations and credit agreement language, say attorneys at Mayer Brown.

  • NY Defamation Carveout Hinges On Causation, Not Labels

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    A New York federal court's decisions in two cases involving tortious interference claims, and the recent Second Circuit ruling in Satanic Temple v. Newsweek Digital, highlight that the dispositive question for alleged defamation is whether injury flows through reputation or through direct interference with a relationship, says attorney Andrea Natale.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • A Framework For Volume Dispute Damages In Oil, Gas M&A

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    With every major upstream oil and gas consolidation in recent years having resulted in minimum volume commitment disputes, experts testifying in such litigation must use a five-step framework for calculating lost profits that accounts for the option structure embedded in the contract, says Robert Foss at Hinds Feat Advisors.

  • 8 Ways 2026's Market Divide Is Rewriting Real Estate Risk

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    As construction activity increasingly concentrates in data centers, healthcare and other resilient sectors, real estate developers and their counsel in the second half of 2026 should consider earlier risk allocation and more protective contract terms, and expect greater pressure on labor, pricing and infrastructure, say attorneys at Cozen O'Connor.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • As Quantum Computing Evolves, So Do Antitrust Risks

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    Amid quantum computing's increased strategic importance there are five potential antitrust fault lines that may arise not only between quantum developers, but also within and across the layers of the stack as the industry matures, say attorneys at Proskauer.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

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