Commercial Contracts

  • June 25, 2026

    Colo. Panel Says Prehearing Objection Preserves Arb. Fight

    A Colorado Court of Appeals panel ruled Thursday that a party doesn't waive its right to object to arbitrability so long as the objection is raised prior to the arbitration hearing, even if the party participated in the arbitration proceedings for an extended period of time.

  • June 25, 2026

    Dell Shareholders Approve Legal Move To Texas

    Dell Inc.'s shareholders approved a proposal to move the company's legal home from Delaware to Texas, the company's founder and CEO Michael Dell announced Thursday on social media.

  • June 25, 2026

    Netflix Urges Justices Not To Disturb 9th Circ. ERISA Docs Ruling

    Netflix urged the U.S. Supreme Court Thursday not to take up a petition from an employee health plan participant who alleged the company failed to provide him access to plan documents in violation of federal benefits law, arguing the Ninth Circuit's ruling in the case should remain in place.

  • June 25, 2026

    Brokerage Workers Say $1.05B Sale Shortchanged Them

    A proposed class action in Delaware Chancery Court alleges the founders and directors of insurance brokerage startup Newfront Insurance Holdings Inc. breached fiduciary duties by forcing employee shareholders to accept inferior merger consideration and restrictive employment conditions in the company's $1.05 billion sale to Willis Towers Watson PLC.

  • June 25, 2026

    CoStar Customers Say Antitrust Suit Must Stay In DC

    Customers asked a D.C. federal court to reject CoStar's bid to transfer their proposed antitrust class action, which claims the company ran an anticompetitive scheme to protect its monopoly for commercial real estate information and property listing services.

  • June 25, 2026

    Fla. Panel Affirms Walmart Liability In Contractor Shock Injury

    A Florida appellate court affirmed a final judgment finding Walmart negligent for a service technician's shock-induced injury during the installation of an automatic door, ruling that an exception barred the retailer from asserting an independent contractor defense to avoid a duty owed to the worker.

  • June 25, 2026

    Customers 'Hoodwinked' By Wrong-Number Scam, ADT Says

    A company that specializes in call center sales is using wrong phone numbers to trick home security customers into switching providers, ADT Security Corp. says in a North Carolina federal lawsuit claiming the company has intentionally registered phone numbers one digit off from ADT's customer service line to engage in a predatory telemarketing scheme.

  • June 25, 2026

    Conn. Justices Say Local Rent Board Can Enter Eviction Fight

    The Connecticut Supreme Court on Thursday allowed a municipal fair rent commission to get involved in a landlord-tenant eviction action in state court, finding the local body clearly has an interest in advocating for its statutory right to adjudicate complaints and enforce its own orders.

  • June 25, 2026

    Ark. Farmers Say Crop Dusting Drones Crash And Burn

    A proposed class of farmers is suing the makers of the EAVision J100 agricultural spray drones in Arkansas federal court, saying despite being advertised as having lidar and collision-avoidance technology, the drones have been known to crash and catch fire, endangering farmworkers, crops and livestock.

  • June 25, 2026

    4th Circ. Says Supply Co.'s Foreign Member Kills Diversity

    The Fourth Circuit on Thursday declined to reinstate a medical supply company's contract dispute against a U.K. corporation over COVID-19 test kits, after finding that the lack of a U.S. citizen on the supply company's side destroys the court's diversity jurisdiction to hear the case.  

  • June 25, 2026

    EU Eyes Gatekeeper Rules For Amazon And Microsoft Clouds

    A preliminary investigation by European enforcers has found that Amazon and Microsoft should be designated as gatekeepers and subject to heightened rules under the Digital Markets Act for their cloud computing services, in addition to their other covered services.

  • June 25, 2026

    Zillow, Redfin Tell Court Their Partnership Is Not Illegal

    Property listing companies Zillow and Redfin urged a Virginia federal court not to presume that their $100 million partnership agreement, which is being challenged by the Federal Trade Commission and multiple states, is illegal before it holds an August trial for a consolidated antitrust suit.

  • June 25, 2026

    Del. Shields Kroger Lawyers' Brainstorming In Albertsons Suit

    The Delaware Chancery Court on Thursday denied Albertsons Cos. Inc.'s bid to force The Kroger Co. to submit additional internal law firm communications in litigation over the companies' failed $24.6 billion merger, ruling that Kroger's waiver of attorney-client privilege does not extend to lawyers' brainstorming that was never communicated to the client.

  • June 25, 2026

    Otter Tail's $30M Deal In PVC Price-Fix Case Gets Initial OK

    An Illinois federal judge has granted preliminary approval to a $30 million deal Otter Tail has inked to resolve certain plaintiffs' claims in litigation alleging that two of its subsidiaries conspired with other polyvinyl chloride pipe producers to fix prices.

  • June 24, 2026

    Ethical Wall Can't Cure Quinn Emanuel's Conflict, Judge Told

    An attorney for CoStar on Wednesday urged a California federal judge to disqualify Quinn Emanuel from representing a rival commercial real estate platform in their intellectual property dispute, saying the firm's ethical wall cannot fix the conflict of interest problem over its representation of a CoStar subsidiary in separate litigation.

  • June 24, 2026

    Texas Court Tosses Gateway Church Tithing Fraud Allegations

    A Texas federal judge has done away with a class action against an embattled Texas megachurch accusing the church's leadership of misappropriating tithe money, saying the doctrine of ecclesiastical abstention bars the court from deciding the issue. 

  • June 24, 2026

    Judge Keeps NRA's 'Unusual' Trademark Claims Alive

    A District of Columbia federal judge on Wednesday trimmed a case brought by the National Rifle Association against its own charitable arm, saying the record allows for trademark claims to proceed but that discovery may help her resolve such an "unusual" case.

  • June 24, 2026

    Delta Dental Says Wash. Antitrust Suit Echoes Faulty Claims

    Delta Dental of Washington said Tuesday an Evergreen State dentist targeting the dental insurer in a proposed antitrust class action has excluded its national affiliates from the case to "escape from a federal court's rejection of identical arguments" that the companies conspired to stifle insurer competition and suppress reimbursement rates.

  • June 24, 2026

    4th Circ. Says Cyber Co. Owes Nothing In Licensing Row

    The Fourth Circuit has said a Virginia federal court got it right the second time when dispensing with a long-running dispute between cybersecurity company Vir2us and a cloud-enabled cybersecurity firm that Vir2us says owes it royalties under a patent licensing deal.

  • June 24, 2026

    Fla. Panel Reverses Multiplied Atty Fee In Irma Coverage Row

    A Florida state appeals court on Wednesday affirmed the award of $389,362 in attorney fees for a firm that represented a homeowner in a Hurricane Irma coverage dispute, but found that a lower court unjustifiably multiplied the award to bring it up to roughly $1 million.

  • June 24, 2026

    Wholesalers Say Novo Can't Duck GLP-1 Antitrust Suits

    Drug buyers want a New York federal judge to preserve proposed class claims accusing Novo Nordisk of paying Teva to delay generic competition with its Victoza GLP-1 drug, arguing that whatever the underlying deal was, no generic version materialized when it could have.  

  • June 24, 2026

    Venue Operator Can't Avoid Fair Dealings Claims In Chancery

    The Delaware Chancery Court on Wednesday largely refused to dismiss a contract dispute between concessions provider Facilities Holdings LLC and venue operator ASM Global Parent LLC, finding it reasonably conceivable ASM Global secretly worked to derail contract extensions after being acquired.

  • June 24, 2026

    Atty Says Keches Reneged On Fee With 'Bad Faith' Excuse

    A Massachusetts solo practitioner says Keches Law Group has failed to pay him his full referral fee for a case that settled for $750,000, according to a complaint filed in state court.

  • June 24, 2026

    Mich. Wineries Say Peninsula Ally Joining Suit Too Late

    A group of northern Michigan wineries is calling "suspect" a citizen advocacy group's motion to intervene in the wineries' suit against Peninsula Township, saying it was filed too late and urged a federal judge to deny the group's request or severely limit the scope of its intervention.

  • June 24, 2026

    Wells Fargo Forfeiture Suit Falls Short Again

    A Minnesota federal judge tossed a proposed class action against Wells Fargo alleging the bank misspent 401(k) forfeitures, holding on Wednesday for a second time that the ex-worker who sued lacked standing to bring his claims.

Expert Analysis

  • Series

    Isshin-Ryu Karate Makes Me A Better Lawyer

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    My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

  • What FMC's Rejection Of War Surcharges Means For Shipping

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    The Federal Maritime Commission's rejection of multiple common carriers' requests last month to implement emergency shipping surcharges in response to conflict in the Mideast signals a decisive shift in the agency's regulatory posture toward stronger protections for shippers — with important implications for all supply chain participants, say attorneys at Husch Blackwell.

  • Getting To Know The Key Partners In Nuclear Power Projects

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    As more major technology companies and hyperscalers enter into energy offtake agreements with operators of existing, restarting and planned nuclear plants, it is essential that all stakeholders in such partnerships understand the roles and responsibilities of the key entities involved in a nuclear power project, say attorneys at Morgan Lewis.

  • Assessing EcoFactor's Impact On Damages Experts' Opinions

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    Though the Federal Circuit's ruling in EcoFactor v. Google gave rise to concerns that damages experts would be forced to rely on undisputed facts, recent case law suggests that those concerns are unwarranted, says Christopher Loh at Venable.

  • Insights From OppFi Suit On Building Calif. Bank Partnerships

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    A California state judge’s tentative ruling, walking through business evidence that Utah bank FinWise was not a “rent-a-bank” that fintech firm Opportunity Financial used as a front to dodge interest rate caps on in-state lenders, offers a helpful road map for structuring legally compliant bank-fintech partnerships under California law, say attorneys at Manatt.

  • Keys To Building Defensible Psychedelic Therapy Programs

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    Given the rapidly evolving legal environment for psychedelic therapies and heightened liability and compliance risks facing providers, meticulous documentation, robust risk management protocols, and proactive engagement with professional organizations and insurers are essential strategies, say Kimberly Chew at Husch Blackwell and L. Alison McInnes at Mindful Health Solutions.

  • Defense Contractor Tips For Commercial Solutions Openings

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    Defense contractors interested in participating in the Army’s recently announced commercial solutions opening should familiarize themselves with the process, which promotes flexibility but requires prudence in preparing proposals, negotiating award terms, and crafting supporting documents such as teaming agreements and subcontracts, say attorneys at Holland & Knight.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • Steps To Maintain War Insurance Amid Middle East Conflict

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    To ensure they are adequately protected from war-related risk, companies affected by the escalating conflict in the Persian Gulf should consider how their war insurance coverage interacts with financing structures, lease obligations and commercial risk allocation, say attorneys at Morgan Lewis.

  • Resolving The Conflict In 2nd Circ. Foreign Discovery Rulings

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    The Second Circuit recently issued two seemingly inconsistent decisions regarding the federal statute that permits U.S. discovery for purposes of a foreign proceeding, but the unifying feature appears to be the broad scope for district court discretion under Section 1782, say attorneys at Katsky Korins.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • Opinion

    Time To Fix The Accountability Gap In Freight Logistics

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    In Montgomery v. Caribe Transport, the U.S. Supreme Court must resolve an urgent question: whether freight broker selection in trucking accidents is categorically protected — meaning unreasonable safety decisions are insulated from liability — or subject to accountability under traditional negligence principles, says Amanda Demanda at Amanda Demanda Injury Lawyers.

  • Senior Housing Demands A Distinct Dealmaking Playbook

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    An aging population and evolving state regulations underscore a critical reality that senior housing assets can undergo operational or compliance shifts during dealmaking, highlighting the need for unique contractual safeguards like expanded disclosures, anchored notice obligations, and targeted closing conditions and remedies, say attorneys at Goodwin.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Apple Verdict May Inform Jury Instruction In Patent Suits

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    A Texas federal jury's recent verdict in Optis v. Apple provides an important example of how juries must be instructed when Step 2 of the Alice framework is submitted to them, with important implications for both litigators and courts in patent cases, says Joshua Reisberg at Blank Rome.

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