Commercial Contracts

  • August 25, 2026

    German Bank Seeks OK Of €3.5M Arbitration Award

    A German bank urged a Florida federal court on Monday to confirm a €3.5 million arbitration award it won against TessPay Finance Inc. following a dispute over receivables the bank bought that were purportedly owed to TessPay but did not exist.

  • August 25, 2026

    AIDS Org 'Had Its Chance' To Sue Express Scripts, Judge Says

    Express Scripts convinced a Missouri federal judge Tuesday to dismiss an AIDS Healthcare Foundation antitrust suit the judge said was precluded by a rejected earlier case in the same district raising the "same facts and circumstances" accusing the pharmacy benefit manager of imposing lower reimbursement rates on specialty pharmacies.

  • August 25, 2026

    Investor Seeks Legal Fees In Del. Over Energy Co. Share Suit

    Hudson Bay Longview LLC has sued Mountain State Energy Holdings LLC in the Delaware Chancery Court seeking to force the energy company to pay the legal costs Hudson Bay is racking up while defending a separate New York lawsuit over its purchase of Mountain State shares.

  • August 25, 2026

    Investor Says Vail Resorts Conspired To Fix Ski Pass Prices

    Vail Resorts Inc. and its executives conspired with competitors to fix prices for its lift tickets and misled its stockholders about the company's conduct, an investor in the mountain resort operator alleged in Colorado federal court.

  • August 25, 2026

    Silicon Valley AI Chip Co. Hit With $50M Breach Verdict

    A California state court jury has found a Silicon Valley computer chipmaker founded by Intel's former president owes $50 million for terminating its deal with FICT Ltd. for semiconductor substrates, in a mixed verdict that also determined the Japanese electronics manufacturer did not fulfill all its obligations under the agreements.

  • August 25, 2026

    No Partial Appeal Before Trial For Ex-Under Armour Supplier

    A Pennsylvania federal judge won't pause a November trial for tortious interference claims against Under Armour so a former supplier can appeal the dismissal of its antitrust claims, the court said Tuesday.

  • August 25, 2026

    Drugstores Beat Sun Pharma's $10M Racketeering Suit

    A New Jersey federal judge threw out Sun Pharmaceutical Industries Inc.'s suit against a group of pharmacies alleging they engaged in a criminal, years-long racketeering scheme that resulted in it paying more than $10 million in refunds for short-dated pharmaceutical products, ruling that the pharmacies were improperly joined together.

  • August 25, 2026

    Trucordia, Ex-Producers Fight Over Arbitration Clause

    Counsel for former insurance producers Arthur and Kirk Maberry urged the Delaware Chancery Court on Tuesday to send Trucordia's client-poaching lawsuit to arbitration, arguing that a broad arbitration clause in 2022 retention agreements still governs the dispute despite later employment and equity agreements.

  • August 25, 2026

    Cooley Life Sciences Atty Joins Foley & Lardner In San Diego

    Foley & Lardner LLP announced that a life sciences attorney with over 30 years of experience has jumped to the firm's San Diego office as a partner from Cooley LLP.

  • August 25, 2026

    Insurer Gets $2 In Damages In Trade Secret, Contract Case

    A Chicago-based captive insurer was granted a favorable judgment on some claims of trade secret misappropriation and breach of contract but was awarded only $2 in nominal damages in a case alleging that an insurance seller and some agents lifted confidential client lists.

  • August 25, 2026

    Ex-DOJ Fraud Attys Switch To Civil Focus At Boutique Firm

    Criminal fraud prosecutors commonly pursue careers as white collar defense lawyers after exiting the U.S. Department of Justice, but a group of ex-DOJ lawyers who have recently joined national litigation boutique AXS Law Group are embarking on a path less traveled.

  • August 25, 2026

    Winston Taylor Hires Ex-Willkie Securities Expert In Chicago

    Winston Taylor LLP has brought on board a former Willkie Farr & Gallagher LLP counsel who, before his most recent role, spent more than eight years as an assistant U.S. attorney in the Northern District of Illinois working on securities and commodities fraud issues, the firm announced on Tuesday.

  • August 25, 2026

    Calif. Judge OKs $2.25M Settlement In Crab Price-Fixing Suit

    A California judge has preliminarily approved a $2.25 million fund to settle a proposed class action accusing an Oregon seafood company of a conspiracy to cap prices paid to fishermen for Dungeness crab in the Pacific Northwest.

  • August 25, 2026

    Calif. Tribe Says County Tanked $12M Airport Land Deal

    The Twenty-Nine Palms Band of Mission Indians is accusing Riverside County and its officials of fraudulently inducing it into a $12 million land investment, telling a California district court that the municipality pulled a bait-and-switch when it then banned access to the airport-adjacent property.

  • August 24, 2026

    Trump Says Capital One Accounts Case Shouldn't Be Tossed

    President Donald Trump and his businesses have urged a Florida federal court not to axe their suit against Capital One, doubling down on their argument that the bank surveilled them and unlawfully closed hundreds of accounts "for no reason other than politics."

  • August 24, 2026

    Ben & Jerry's Suit Against Magnum Trimmed, But Not Tossed

    A New York federal judge has largely trimmed a Ben & Jerry's lawsuit accusing its former parent company, Unilever, and its current parent, Magnum, of failing to respect the ice cream company's social mission, tossing seven out of 10 claims in the breach of contract suit.

  • August 24, 2026

    5th Circ. Revives Architect's IP Claims In Fractured Ruling

    A divided Fifth Circuit has revived an architectural firm's copyright infringement claims over the use of its home designs in a Texas residential development, while affirming the dismissal of claims alleging that the defendants stripped copyright information from marketing materials.

  • August 24, 2026

    Spirit Data Sale To Google Draws Objection From Springshot

    Software company Springshot Inc. has filed a limited objection to the $10 million sale of Spirit Aviation Holdings' business data to Google LLC for artificial intelligence training, saying some of the data being sold could potentially constitute Springshot's intellectual property.

  • August 24, 2026

    Fiat Chrysler Brings Defective Headrest Suit To Justices

    Fiat Chrysler is urging the U.S. Supreme Court to resolve a circuit split over whether an arbitrator or a court should decide the proper venue for a dispute involving a nonsignatory to an arbitration agreement, in a proposed class action over allegedly defective Jeep and Dodge headrests.

  • August 24, 2026

    2nd Circ. Says Nielsen Unbundling Order Starts Tuesday

    The Second Circuit has declared that the preliminary injunction blocking Nielsen from making Cumulus Media buy its local offerings to gain access to its national radio ratings data will go into effect Tuesday.

  • August 24, 2026

    Judge Preserves, But Narrows, IP Verdict Against NuVasive

    A Delaware federal judge on Monday kept in place much of a jury's infringement findings against NuVasive in a doctor's case against it over a group of spinal implant patents but found the jury's other infringement conclusions weren't supported by enough evidence.

  • August 24, 2026

    'Old Boys Club' Tainted College Prof's Review, Jurors Told

    A former professor at The College of New Jersey told a Garden State jury on Monday that the college's finance department was run like an old boys club and that her contract was not renewed because she's a woman.

  • August 24, 2026

    Avis Didn't Waive Arbitration In Insurance Fight, 3rd Circ. Says

    Avis Budget Group didn't waive its right to arbitrate a dispute over its supplemental liability insurance by deposing a pair of customers in discovery, the Third Circuit ruled Monday, saying the car rental company needed to develop a factual record before moving to compel arbitration.

  • August 24, 2026

    'Time Bubble' Doesn't Warrant 'RAW' TM Retrial, Judge Says

    An Arizona federal judge has denied a request for a new trial to a company suing a rival over its "RAW" rolling papers trademark, saying the company had not been prejudiced by the judge's decision to exclude evidence from May 2021 on and ordering the company to pay its rival over $3 million in attorney fees and costs.

  • August 24, 2026

    3rd Circ. Revives Exxon Unit's Bid To Arbitrate Royalties Claims

    ExxonMobil subsidiary XTO Energy Inc. will get another chance to pursue arbitration in a case over allegedly underpaid natural gas royalties, with the Third Circuit ruling Monday that litigating class claims for more than four years did not preclude its bid for an out-of-court resolution.

Expert Analysis

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Foot Locker Fine Illustrates SEC's Whistleblower Priorities

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    The U.S. Securities and Exchange Commission's recent fining of Foot Locker for its separation agreements is a reminder that the commission remains serious about maintaining open channels for reporting whistleblower concerns and that provisions can violate Rule 21F-17(a) without specifically barring communications with the SEC, says Jonathan Richman at Brown Rudnick.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • Del. Chancery Has Signaled Decreased Use Of Its Blue Pencil

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    The Delaware Chancery Court's decision in BluSky Restoration Contractors v. Robbins not to enforce or rewrite overbroad language, known as blue-penciling, in key covenants shows that the sale of a business context no longer insulates these restrictive measures from judicial scrutiny, affecting transactions and litigation, says Aylin Daldal at Kleinbard.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • AI Practices To Protect Trade Secrets Amid Unstable Case Law

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    Amid recent diverging district court approaches to whether inputting proprietary information into artificial intelligence tools could constitute a failure to take reasonable measures to safeguard secrets, trade secret owners must adapt their confidentiality practices to keep trade secrets secure, says Fitz Collings at MoFo.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Key Legal Considerations For Data Center Battery Storage

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    Battery energy storage systems have become essential infrastructure for data center development — but as trade, energy and tax policies continue to shift, companies operating in this space must understand the importance of supply chain requirements and industry-tailored contracts, says RJ Colwell at Davis Graham.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Musk-OpenAI Verdict Shows Value Of Early-Stage Governance

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    A California federal court's ruling last week in Musk v. Altman preserves the status quo at OpenAI, but signals to the technology industry at large that courts will not relitigate the governance decisions of early-stage organizations on a founder's competitive timetable, surfacing questions that will outlast the litigation, says attorney Alan N. Walter.

  • Finding Borrower Risk In The Private Credit Covenant Mix

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    Amid rising caution over private credit defaults, investors and their counsel can gain key insights about borrower risk from the particular combination of financial metrics included in a loan's covenants, not just the number of covenants, say Christopher Armstrong at Stanford University, and Carlo Gallimberti and David Tsui at Analysis Group.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 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.

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