Commercial Contracts

  • July 16, 2026

    3rd Circ. Partly Revives Hospitals' ERISA Suit Against Cigna

    The Third Circuit on Thursday revived some ERISA contract claims in a New Jersey hospital network's suit alleging Cigna underpaid out-of-network reimbursements by $114 million, but backed the dismissal of the network's fiduciary duty claims.

  • July 16, 2026

    Walgreens Sues Mass. Medicaid Program Over Drug Rates

    Walgreens says administrators of the Massachusetts Medicaid program cannot rely on drug prices negotiated with pharmacy benefit managers to determine reimbursement rates, in a challenge to the state's effort to claw back $242,000 in alleged overpayments.

  • July 16, 2026

    $200B Swipe Fee Deal Merits $206M For Attys, Merchants Say

    Merchants who secured a $200 billion settlement over Visa and Mastercard swipe fees asked a New York federal court Wednesday to approve $206 million in attorney fees and costs, saying: "The result achieved here did not come easily and was far from certain."

  • July 16, 2026

    Ashley Furniture Wins Transfer Of Bias Suit To Florida

    A North Carolina federal judge has transferred a former Ashley Furniture marketing specialist's age and sex discrimination lawsuit to federal court in Florida, ruling that an independent contractor agreement requiring disputes to be litigated in the Tampa area is enforceable despite the employee's objections.

  • July 16, 2026

    Biggest Sports & Betting Deals To Watch In 2nd Half Of 2026

    The year so far has seen increased private equity investment in pro teams and college sports, U.S. pro soccer's plans to capitalize on the World Cup and the Chicago Bears' hunt for a new host city. Here, Law360 highlights the most significant sports deals to watch for the remainder of 2026.

  • July 16, 2026

    Senior Home, Care Referral Site Drop False Ad Suit Dispute

    A senior living placement site and a Georgia assisted living home have jointly agreed to end a proposed class action in which the home alleged that the site falsely advertised free services and steered business away from communities that declined to participate in its pay-to-play business model. 

  • July 16, 2026

    Realtek, MediaTek Drop Case Alleging Bogus Patent Litigation

    Taiwanese semiconductor-makers Realtek and MediaTek have agreed to drop a case in which the former accused the latter of colluding with other companies to harass Realtek with bogus patent cases.

  • July 16, 2026

    Liberty Mutual Settles Fired VP's Race Bias Suit

    Liberty Mutual Group Inc. has settled a lawsuit by a former vice president and senior talent adviser who alleged she was sidelined and eventually fired due to her race, according to a stipulation filed in North Carolina federal court.

  • July 16, 2026

    Aramark Asks Full 5th Circ. To Nix Aetna ERISA Arbitration Bid

    Food services company Aramark urged the full Fifth Circuit to deny Aetna's request to arbitrate allegations that it cost Aramark millions by bungling health benefits claims, arguing that the insurer is attempting to twist U.S. Supreme Court precedent to kick the case out of court.

  • July 15, 2026

    Circuit-By-Circuit Guide To The US Supreme Court's Term

    Federal appeals courts had wide-ranging successes and struggles during the U.S. Supreme Court's recently completed term: One had its best showing in years following its worst showing in years; one felt déjà vu after recently starting to find favor with the justices; and one saw its reputation for independence occupy a rare role in the Supreme Court spotlight.

  • July 15, 2026

    X.AI Says Man Misused Grok To Create Child Abuse Material

    Elon Musk's xAI is suing a man who faces criminal charges of sexually exploiting children, saying in a Texas federal lawsuit that he abused and circumvented the safeguards of the company's generative artificial intelligence chatbot Grok to create child sexual abuse material in violation of the terms of service.

  • July 15, 2026

    Texas Appeals Court Flips $9M Misrepresentation Verdict

    A Texas appellate court reversed a $9 million verdict awarded to an energy engineering and construction company, saying the construction company failed to show economic harm beyond the loss of a contractual benefit and therefore its negligent misrepresentation claim was barred.

  • July 15, 2026

    Acorda Can't Add $66M To Award In Ampyra Royalty Fight

    The Second Circuit on Wednesday refused to alter an arbitral award issued to Acorda Therapeutics to include nearly $66 million beyond the $16.6 million it won in a multiple sclerosis drug dispute, saying the company "slept on its rights" and couldn't change the result now.

  • July 15, 2026

    NBA's Silver Expects Cap Probe Results By Start Of Season

    The investigation into possible salary-cap circumvention involving NBA star Kawhi Leonard has been completed, and the final report by the firm commissioned by the league should be ready by the start of next season, according to Commissioner Adam Silver.

  • July 15, 2026

    4th Circ. Rejects Golden Corral's COVID-19 Coverage Do-Over

    The Fourth Circuit on Wednesday declined to walk back a North Carolina federal judge's five-year-old decision denying Golden Corral insurance coverage for pandemic-era business interruption losses, finding a belated state Supreme Court victory for policyholders in another case doesn't merit a redo.

  • July 15, 2026

    2nd Circ. Revives NY Provider's BCBS Underpayment Suit

    The Second Circuit on Wednesday revived a New York healthcare provider's suit accusing out-of-state Blue Cross Blue Shield licensees of underpaying insurance claims, saying the carriers' long-standing business relationship with a New York licensee to obtain preferential prices in the state supports jurisdiction there.

  • July 15, 2026

    NC Panel Nixes Nurse Noncompetes For Being 'Too Broad'

    A medical clinic provider couldn't convince a North Carolina state appeals court to overturn a ruling that noncompete agreements for two former nurses were unenforceable, after a split panel ruled Wednesday that the terms were overly broad and voidable under public policy.

  • July 15, 2026

    Google, Epic Drop Bid To Alter Injunction In Antitrust Case

    Epic Games and Google have withdrawn their joint bid to alter an injunction issued after Epic's win in its antitrust case regarding Google's Android app policies.

  • July 15, 2026

    Airflow Testing Co. Says Ex-Prez Luring Clients With Stolen IP

    A Colorado company that develops airflow testing equipment for aerospace and automotive companies claimed that its former president and his new company are using stolen data and software to poach clients, according to a complaint filed Tuesday in Colorado federal court.

  • July 15, 2026

    NJ Justices Rule Fraud Law Applies To Insurance Brokers 

    Insurance brokers, producers and agents are not exempt from the Consumer Fraud Act under an exception for semiprofessionals, the New Jersey Supreme Court held Wednesday, reviving a neurosurgeon's allegation his insurance broker negligently failed to obtain sufficient disability insurance for him after he developed a vision condition.

  • July 15, 2026

    Texas Court Says $350M Claim Can't Include General Counsel

    The statewide Texas appeals court found that the former CEO of software company Reynolds and Reynolds cannot include the company's general counsel in a $350 million employment lawsuit, saying in a split opinion that the company's general counsel has immunity in this case.

  • July 15, 2026

    Dish Bankruptcy Puts Disney's Sling TV Suit On Hold

    A New York federal judge has paused Disney's suit accusing Dish Network of improperly offering Sling TV to its subscribers, in order to allow Dish to resolve its bankruptcy issues in Texas, with the judge ordering an update on their status in 90 days.

  • July 15, 2026

    GM Robotaxi 'Sign-In Wrap' Sends Injury Suit To Arbitration

    A California appeals court has sent a man's injury suit against General Motors' autonomous vehicle subsidiary to arbitration, saying the "sign-in wrap" agreement he assented to as a customer to Cruise LLC's service was sufficiently conspicuous and would give a reasonable consumer notice of the arbitration clause.

  • July 15, 2026

    Mich. Judge Lets Church Demolition Suit Move Ahead

    A Michigan federal judge will allow part of a lawsuit against Trowbridge Township to move forward, dismissing two of the four counts brought by a man who claims the township demolished a historic church after selling it to him for $1 if he agreed to refurbish it.

  • July 15, 2026

    Harwood Lloyd Must Face DQ Bid Over Hiring Ex-NJ Judge

    A New Jersey state appellate court on Wednesday revived a bid to disqualify Harwood Lloyd LLP from a probate matter based on how a retired judge awarded fees to a firm attorney before joining the firm himself.

Expert Analysis

  • NIL Contracts Test Limits On College Football Transfers

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    College football's new legal era of direct payments to players and fewer transfer restrictions has put contractual provisions in play, and stipulations such as termination clauses and repayment obligations require added scrutiny as the name, image and likeness system evolves, says Kevin Paule at Hill Ward Henderson.

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • DOJ Activity Indicates Rising Antitrust Risk For Hospitals

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    Two civil actions filed by the U.S. Department of Justice against New York-Presbyterian Hospital and OhioHealth, both alleging that the hospital systems used their market power to stifle competition, highlight the government's growing scrutiny of barriers to lower-cost insurance options, say attorneys at Freshfields.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • Assessing Material Adverse Event Clauses Amid Iran Conflict

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    As deals signed before the current Middle East conflict come under pressure, determinations over material adverse effect clauses are arising in real time, and whether an MAE has been wrongfully invoked may be as consequential as whether it was validly established in the first place, say Amran Nawaz and Ralph Stobwasser at Secretariat.

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