Commercial Contracts

  • June 02, 2026

    Tribe Waived Immunity In Casino Land Fight, NC Panel Told

    The Catawba Indian Nation can't assert blanket immunity from a development company's suit claiming the tribe "ran wild" with the access it received to privately owned land surrounding the tribe's planned casino in North Carolina, the company told a state appellate panel Tuesday.

  • June 02, 2026

    Lack Of Indemnity Liability Doomed Vax IP Case, Judge Says

    Drug developer Acuitas Therapeutics Inc. failed to show that it would have to indemnify BioNTech as a result of GlaxoSmithKline's patent infringement lawsuit against BioNTech and Pfizer over the COVID-19 vaccine, a Delaware federal judge has said.

  • June 02, 2026

    Telecom Co. Defends Long-Distance Fees Levied On Lumen

    A telecommunications company has told a Colorado federal judge that federal law allows it to charge for certain long-distance phone calls in its bid to dismiss a lawsuit from Lumen Technologies over the practice.

  • June 02, 2026

    X Defends Antitrust Claims Against Music Publishers

    X. Corp. is defending its antitrust case accusing music publishers and their trade group of banding together to demand an industrywide license, telling a Texas federal court the publishers agreed not to negotiate with the social media platform individually.

  • June 02, 2026

    Texas Crypto Group Ordered To Halt Unregistered Token Sales

    The Texas State Securities Board announced it has entered an emergency order to halt a purported property group, its principals and an associated Texas resident from offering and selling unregistered and fraudulent tokenized real estate investments, saying the conduct "threatens immediate and irreparable public harm."

  • June 02, 2026

    Mich. Firm Says Insurer Can't Avoid Bad Faith Counterclaim

    A Michigan law firm urged a federal court not to toss a counterclaim alleging that its professional liability insurer handled the firm's bid for coverage of an underlying malpractice suit in bad faith, saying the claim properly seeks declaratory relief under the state's insurance code.

  • June 01, 2026

    4 Mass. Rulings You May Have Missed In May

    A bankruptcy trustee may continue to pursue claims that a lender violated an oral amendment to a loan agreement, a former executive for a Dunkin' franchisee cannot push his case to Delaware, and a law firm hired to represent an investment fund is not responsible for the revocation of a visa for one of the fund's co-founders after he was terminated, judges in Suffolk County's Business Litigation Session concluded in May.

  • June 01, 2026

    M.I.A. Says Kid Cudi Fired Her To Boost Tour Ticket Sales

    British-Sri Lankan artist M.I.A. claims in a new lawsuit that American rapper Kid Cudi used controversial statements she made on stage as an excuse to kick her off his tour in an effort to increase ticket sales, costing her a $2.8 million contract with Live Nation.

  • June 01, 2026

    Abbott Labs Spinal Cord Device Causes Shocks, Suit Claims

    A New Jersey man said in a suit filed in Garden State federal court on Friday that Abbott Laboratories' spinal cord stimulator system was manufactured with defects that were never truly resolved because of Abbott's mischaracterization of the issue, which caused him painful electric shocks.

  • June 01, 2026

    EPA Beats States' $7B Solar Grant Cancellation Suit In Wash.

    A Washington federal judge sided with the Environmental Protection Agency on Monday in a multistate challenge of the U.S. government's cancellation of a Biden-era solar energy grant program, concluding she cannot resolve the dispute because it involves contractual questions that the Tucker Act delegates to the Court of Federal Claims.  

  • June 01, 2026

    Md. Judge Pauses Shipowner's Baltimore Bridge Civil Trial

    A Maryland federal judge has pressed pause on a civil trial that was expected to start Monday to address sweeping liability and damages claims against the owner and the manager of the cargo carrier that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse.

  • June 01, 2026

    Emory Says Insurer Shirked Coverage For COVID Tuition Row

    Emory University said its insurer must cover $1.2 million in defense costs and costs incurred to settle a proposed class action over the school's switch to remote learning during the COVID-19 pandemic, telling a Georgia state court the insurer improperly denied coverage based on a False Claims Act exclusion.

  • June 01, 2026

    Justices Turn Away Lebanon Cell Network Challenge

    The U.S. Supreme Court on Monday turned down a petition asking it to take a second look at a Sixth Circuit decision refusing to revive litigation against Libya over its cellular network tender process, a case that was originally dismissed more than two decades ago on sovereign immunity grounds.

  • June 01, 2026

    DOJ Says Ohio Health System Can't Duck Antitrust Case

    The U.S. Department of Justice defended its antitrust case accusing OhioHealth Corp. of blocking competition through its contracts with insurers, telling an Ohio federal court the health system is depriving consumers of lower-cost health plans.

  • June 01, 2026

    'Sauce For The Goose': X Can't Limit Apple, OpenAI Depos

    A Texas federal judge on Friday ordered Elon Musk's X Corp. to offer up 20 of its employees for extra depositions in its antitrust suit against Apple and OpenAI, saying that since the court granted X more depositions, "sauce for the goose is sauce for the gander."

  • June 01, 2026

    ESPN Wins Arbitration Of Disney+ User's Meta Privacy Claims

    A Disney+ user must arbitrate his claim that ESPN Inc. gave his viewing data to Facebook's parent company Meta without his permission, a Pennsylvania federal judge has ruled, saying federal arbitration law preempts a Pennsylvania Superior Court decision that applied higher standards to private dispute resolution contracts.

  • June 01, 2026

    AI Mapping Co. Says Rival's Copyright Suit Is Too Vague

    An artificial intelligence mapping software company sought to throw out a competitor's lawsuit accusing it of copying thousands of the firm's property maps, telling a Colorado federal judge the competitor never identified which maps had allegedly been infringed.

  • June 01, 2026

    GE Can't Change Judge's Mind On Vineyard Wind Work Order

    A Massachusetts state court has refused to lift an order requiring a GE Vernova subsidiary to continue work on the Vineyard Wind offshore wind farm, finding none of the information GE presented changed the reality that the company remains vital to the project's commercial success.

  • June 01, 2026

    Boeing, Rolls-Royce Say Claims Still Fail In Osprey Suit

    The Boeing Co., Bell Textron Inc. and Rolls-Royce Corp. are again asking a California federal court to throw out breach of contract and fraudulent concealment claims in a suit over the deaths of five Marines in the June 2022 crash of a V-22 Osprey aircraft, saying the latest amended complaint does not save the claims.

  • June 01, 2026

    Ex-Real Estate Sales Directors Barred From Using Secrets

    Former sales directors, accused by a real estate broker serving the South of participating in a corporate raid and trade secret heist that siphoned millions in sales volume, agreed Monday in North Carolina Business Court not to use or disseminate any of its confidential information or trade secrets.

  • June 01, 2026

    Real Estate Co. Opposes CoStar Bid To Pause Antitrust Suit

    A real estate brokerage asked a Virginia federal court to allow proceedings to continue in its antitrust case against CoStar, noting that, although the parties agree that similar cases should be consolidated with the Virginia case, the suit need not be frozen in the meantime.

  • June 01, 2026

    NC Biz Court Bulletin: Referee Tapped, CEO To Be Deposed

    The North Carolina Business Court rounded out May by appointing a discovery referee in a healthcare antitrust class action and ordering the deposition of a top executive in a trade secrets battle, in addition to fielding a new complaint alleging unpaid capital contributions for a captive insurance company.

  • June 01, 2026

    TriZetto, Infosys Fight Each Side's CEO Deposition Bids

    Cognizant TriZetto Software Group and Infosys Ltd. have filed dueling motions to block depositions of each other's top executives in a trade secret lawsuit over allegations that Infosys misused confidential access to TriZetto's healthcare software to build competing products.

  • June 01, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled disputes involving merger litigation, startup financing battles, cryptocurrency contracts, investor oversight claims and corporate governance challenges, while also issuing notable rulings in cases tied to World Wrestling Entertainment Inc., cybersecurity company KnowBe4 Inc. and biotechnology firm Ayala Pharmaceuticals Inc.

  • May 29, 2026

    Defamation Litigation Roundup: 'The Rip,' Lively, Justin Sun

    In this month's review of defamation fights, Law360 details a suit by a pair of Miami-Dade police officers over a movie starring Matt Damon and Ben Affleck that they said makes them seem like sleazy cops, as well as a case by a Trump family-backed cryptocurrency firm against Justin Sun.

Expert Analysis

  • Series

    Law School's Missed Lessons: The Human Element

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    Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

  • Time Limit Case Highlights How Justices Apply Federal Rules

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    In Coney Island Auto Parts Unlimited v. Burton, the U.S. Supreme Court sided with the minority in a circuit split on when a litigant can seek relief from an allegedly void judgment — but the decision's most important lessons may be about the high court's interpretive approach to the Federal Rules of Civil Procedure, say attorneys at McDermott.

  • Avoid The Unexpected When Drafting License Agreements

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    The Delaware Court of Chancery's recent decision in Commave v. Zevrain raises several practice points for attorneys drafting commercial contracts, underscoring the importance of considering anti-assignment provisions, specific exclusions and potential carveouts when drafting license agreements or other commercial contracts, say attorneys at Hogan Lovells.

  • A Reliable Liability Shield For Government-Sponsored R&D

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    The Federal Circuit's decision in Arlton v. AeroVironment last month confirms that the Section 1498 liability-shifting framework applies well beyond production contracts, providing powerful assurance that contractors performing government-directed work are shielded from patent infringement liability, say attorneys at Morgan Lewis.

  • The Benefits Of Choosing A Niche Practice In The AI Age

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    As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

  • Section 122 Tariffs Show Shift In Strategy, Not Trade Policy

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    By imposing temporary tariffs under Section 122 of the Trade Act as a stopgap measure while it pivots to less transitory statutory authorities, the Trump administration sent a clear message that the U.S. Supreme Court’s decision in Learning Resources v. Trump, invalidating duties imposed under the International Emergency Economic Powers Act, will not precipitate a change in policy direction, say attorneys at Snell & Wilmer.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • Structuring Water Agreements For Data Center Development

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    For developers of artificial intelligence data centers, water use is now a threshold feasibility and financing variable amid a regulatory landscape with a state-driven push for transparency and federal push to streamline pathways for AI-related infrastructure, say attorneys at Pillsbury.

  • Lessons From Justices' Split On Major Questions Doctrine

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    The justices' varied opinions in Learning Resources v. Trump, which held the International Emergency Economy Powers Act did not confer the power to impose tariffs, offer a meaningful window into the U.S. Supreme Court's perspective on the major questions doctrine that will likely shape lower courts' approach to executive action challenges, say attorneys at Venable.

  • Proposed DOL Rule Could Simplify Contractor Classification

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    If the U.S. Department of Labor's recently proposed rule governing employee versus independent contractor classification is finalized, it would permit energy sector employers to evaluate the nature of the working relationship with a more straightforward and predictable analysis than the 2024 rule's unweighted test, say attorneys at Bracewell.

  • How The New Tariff Landscape May Unfold

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    To replace tariffs formerly imposed under the International Emergency Economic Powers Act, the administration will rely on a patchwork of statutes, potentially leading to procedural challenges and a complex tariff landscape with varying levels, durations and applicability, says Joseph Grossman-Trawick at King & Spalding.

  • What GCs Should Keep In Mind When Developing AI Addenda

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    When general counsel develop their own customer-side artificial intelligence addenda to be used as the baseline for negotiations with AI vendors, they should take care to rightsize the addenda relative to their organization's size, complexity and bargaining power, say attorneys at Polsinelli.

  • 2nd Circ. Kazakh Ruling Clarifies RICO Rule, FSIA Exception

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    The Second Circuit's recent Yerkyn v. Yakovlevich ruling, dismissing a Racketeer Influenced and Corrupt Organizations Act claim, demonstrates that RICO's domestic injury requirement is a merits question, and reaffirms the Foreign Sovereign Immunities Act's commercial activity exception, says Brant Kuehn at Greenspoon Marder.

  • Character.AI Case Highlights Agentic AI Liability Questions

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    The recently settled litigation against Character Technologies Inc. provides an early case study for exploring salient legal issues related to agentic artificial intelligence, such as tort liability, strict liability, statutory liability and contractual liability, says Samuel Mitchells at Smith Gambrell.

  • How DOL Rule Would Preserve App-Based Contractor Work

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    The U.S. Department of Labor's proposed 2026 independent contractor rule reinforces the centrality of worker autonomy and entrepreneurial opportunity that characterize many app-based arrangements, and returns to a framework that may offer increased predictability for platforms and workers alike, say attorneys at Gibson Dunn.

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