Commercial Contracts

  • September 14, 2026

    Fed. Circ. Saves Broadcom IP Suit, Says License Was Intact

    The Federal Circuit on Monday breathed new life into a company's patent and copyright infringement case against Broadcom Inc., saying in a precedential opinion that the plaintiff company didn't lose its right to bring the action when it switched its business to intellectual property enforcement.

  • September 14, 2026

    Cumulus Tells 2nd Circ. Even Brief Stay Of Nielsen Order Is Bad

    Cumulus Media says it's going to be irreparably harmed if the Second Circuit doesn't lift the administrative stay it put in place stopping a preliminary injunction that Nielsen is challenging for the second time from going into effect while the appellate court looks at the matter.

  • September 14, 2026

    Amazon Halts 21 Air Cargo Flights, Faces New Crash Suit

    Amazon has suspended operations with cargo carrier partner 21 Air LLC, a week after one of its planes overran a runway at Miami International Airport and plowed into vehicles, killing five people, as the company faces another negligence and wrongful death lawsuit over the wreck.

  • September 14, 2026

    SpaceXAI Drops Apple In Antitrust Claims For OpenAI Deal

    SpaceXAI on Monday dropped its claims that Apple breached antitrust laws by signing a deal with OpenAI to integrate ChatGPT into the iPhone but kept its claims against OpenAI Foundation intact.

  • September 14, 2026

    Senators Draw Battle Lines Over Sweeping College Sports Bill

    U.S. senators on Monday made public statements on their positions either for or against a bill aimed at comprehensively regulating college sports, forecasting a bitter fight over the bill's passage in the upper chamber.

  • September 14, 2026

    Colo. Justices Won't Review $3.36M Verdict Against Gas Co.

    The Colorado Supreme Court unanimously declined on Monday to hear the case of a natural gas marketing company appealing a $3.36 million jury verdict in favor of its former trading director who accused the company of failing to pay out a bonus related to his trades.

  • September 14, 2026

    Mobileum Ex-CFO Seeks More Than $2M In Legal Fees

    Former Mobileum Inc. Chief Financial Officer Andrew Warner has sued the company in the Delaware Chancery Court, seeking more than $2 million in legal fees tied to a federal criminal case and accusing Mobileum of reversing its position after repeatedly recognizing his right to have those expenses advanced.

  • September 14, 2026

    5th Circ. Won't Hear 'My 600-lb Life' Reality Show Dispute

    A split Fifth Circuit refused to entertain legal questions about whether "My 600-lb Life" counts as reality television in a dispute over coverage for underlying suits brought by the show's participants, saying in a published opinion Monday that the show's producers forfeited the argument on appeal.

  • September 14, 2026

    State Farm Spared Treble Damages In Policyholders' $38M Win

    A Washington federal judge on Monday said policyholders failed to show they were entitled to enhanced damages after the court determined State Farm shorted them on payouts for totaled vehicles, finding class members had already been fully compensated by the $38 million in actual damages they were already awarded.

  • September 14, 2026

    Aetna Tells 5th Circ. DOL Can't Block Aramark Suit Arbitration

    Aetna Life Insurance Co. urged the Fifth Circuit on Monday against the U.S. Department of Labor's argument that uniform company Aramark Services Inc.'s health claims dispute with the insurer should remain in court, arguing a Texas judge erred in declining to enforce the parties' binding arbitration agreement.

  • September 14, 2026

    Hyliion Investors End Suit Over Data Center Deal

    A proposed class of Hyliion Holdings Corp. investors has voluntarily dropped its suit against the linear generators company, which was accused in Texas federal court of overhyping a data center partnership with an artificial intelligence infrastructure company.

  • September 14, 2026

    Ex-NFL Player's Former Fiancée Sued Over Lash Salon Rift

    Former business partners have accused the ex-fiancée of retired NFL wide receiver Victor Cruz in New Jersey federal court of self-dealing and using their businesses' bank accounts to subsidize other businesses she ran.

  • September 14, 2026

    Desktop Metal Noteholders Hit Nano With $115M Fraud Suit

    Twenty investment funds sued digital manufacturing company Nano Dimension Ltd. and another entity, alleging the two committed fraud when Nano merged with 3D printing defense contractor Desktop Metal and pushed the subsidiary into bankruptcy to dodge $115 million in debt.

  • September 14, 2026

    Missing Agreement Sinks Conn. IT Firm's No-Poach Suit

    An information technology company failed to prove the existence of an oral agreement that a subcontractor would not pursue its clients, defeating its claims over the loss of a municipal contract with the town of Hamden, Connecticut, a state court judge ruled.

  • September 14, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week saw disputes over allegedly fabricated board approvals at a telecom infrastructure startup, insider trading and child safety at Roblox Corp. and ownership of artificial intelligence technology used in legal proceedings.

  • September 14, 2026

    Clippers Won't Take NBA To Court Over Salary Cap Sanctions

    Nearly two weeks after lawyers for the Los Angeles Clippers vowed to explore "every legal remedy" to challenge the NBA's sanctions against the franchise for violating salary cap rules, the team's owner has changed course and will comply with the league's decision.

  • September 11, 2026

    'FBoy Island' Star-Turned-Va. Candidate Sues Over Kalshi Fine

    A lawyer and former contestant on the reality series "FBoy Island" has sued Kalshi after he was banned for trading on prediction markets about his own political campaign, saying he's not advocating for political candidate trading, rather, he's highlighting the monetization of candidates on prediction markets.

  • September 11, 2026

    Bongino Disavows Inside Knowledge On Parler Ouster

    Former deputy FBI director Dan Bongino testified Friday that he was not privy to decisions leading to social media company Parler's 2021 ouster of its CEO, but he was pressed over having seen a draft of the document revision that supposedly allowed the CEO's 40% interest to be confiscated.

  • September 11, 2026

    TD Bank 'Cash-Like' Advance Loans Suit Voluntarily Dropped

    A proposed class action accusing TD Bank of violating its cardholder agreement by treating undisclosed transactions as "cash-like" and keeping policies about what counts as a cash advance hidden from consumers while charging fees and interest was voluntarily dropped by the plaintiff.

  • September 11, 2026

    Volvo Averts EV Defect Suit Over Kansas Buyers' NJ Claims

    A New Jersey federal judge on Thursday dismissed a proposed class action brought by a Kansas married couple alleging that the rear auto brake and dashboard drive display features in certain Volvo electric vehicles are defective, finding there's no connection to the Garden State aside from the automaker's corporate headquarters.

  • September 11, 2026

    'Creative' Settlement Path For EPRs Shows Wording Risks

    T-Mobile's use of a contingency payment to end patent litigation with Kaifi LLC highlights the difficulty of alleged infringers challenging patents through ex parte reexaminations, a U.S. Patent and Trademark Office proceeding where they have no control, attorneys say.

  • September 11, 2026

    TikTok Let Minors See Harmful Content, Texas Judge Finds

    Texas scored significant wins in its lawsuit accusing TikTok of exposing children to harmful content while misrepresenting the app's safety, with a state judge ruling that the social media company violated state law by misleading consumers about its content-moderation practices and the effectiveness of its "restricted mode" feature.

  • September 11, 2026

    Fuel Wholesaler Seeks Toss Of Station Operators' Suit

    A Pennsylvania-based fuel supplier asked a Michigan federal judge Friday to toss a case brought by a group of gas station operators in Wayne County, saying it has not violated their fuel supply agreement terms.

  • September 11, 2026

    Academic Publishers Tell 2nd Circ. Antitrust Case Fell Short

    Major publishers of academic journals urged the Second Circuit to reject an appeal from researchers accusing them of colluding to eliminate pay for peer reviewers and impose other restrictions, saying the case is based on ethical guidelines that do not reflect a conspiracy at all.

  • September 11, 2026

    11th Circ. Backs $620K Award In Radiology Contract Fight

    The Eleventh Circuit upheld a $620,000 arbitration award in favor of an Indian teleradiology company against a radiology provider, finding the arbitrator did not exceed his authority by interpreting the parties' long-standing services agreement.

Expert Analysis

  • 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.

  • Examining 3 Notable DOL Moves In The First Half Of 2026

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    With the U.S. Department of Labor addressing independent contractor classification, joint employment and white collar exemptions so far this year, employers must understand this shifting landscape to ensure proper treatment of employees based on their classification and to mitigate enforcement risk, say attorneys at Conn Maciel.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Brief Iran Sanctions Pause Will Most Benefit Non-US Cos.

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    Due to its short duration, the Office of Foreign Assets Control’s recently issued general license easing Iran sanctions will mostly benefit companies with preexisting commercial relationships involving Iranian petroleum, and is unlikely to mitigate overcompliance and de-risking behavior by U.S. and foreign financial institutions, says Michelle Roberts at Berliner Corcoran.

  • Okla. Reforms Will Curb Oil, Gas Royalty Litigation Risk

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    Recent amendments to Oklahoma's Production Revenue Standards Act — the most comprehensive in decades — raise the stakes for true noncompliance with the state's oil and gas royalty payment framework, while offering operators clearer rules, defined interest boundaries and predictable exits from prolonged suspense situations, say attorneys at GableGotwals.

  • Tracking The Rare 'Quick Look' Win In FTC's Zillow-Redfin Suit

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    The Federal Trade Commission’s suit claiming that Zillow illegally paid Redfin to exit the apartment rental market is one to watch because its early success under the less rigorous “quick look” standard of antitrust review could turn into a rare case won under the doctrine, say attorneys at Axinn.

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