Commercial Contracts

  • July 13, 2026

    Ex-Viking Plastics CEO Seeks Advancement In Del. Chancery

    Former Viking Plastics CEO Kelly Goodsel has asked the Delaware Chancery Court to order VPI Acquisition LLC to advance his legal fees in litigation accusing him of fraud during the company's $40 million sale, arguing the purchase agreement mandates this because the claims stem directly from his service as chief executive.

  • July 13, 2026

    7th Circ. Revives Teva Suit Over Eli Lilly Generic Drug Block

    The Seventh Circuit on Monday revived a breach-of-contract lawsuit against Eli Lilly, ruling that an earlier legal settlement under which Eli Lilly agreed not to block the approval and marketing of Teva Pharmaceuticals' generic version of its osteoporosis drug Forteo didn't necessarily expire when the underlying patents did.

  • July 13, 2026

    Gaming Co. Settles Usurious Loan Suit Against BHG Financial

    A couple who sought financing from nationwide lender BHG Financial LLC to open an esports gaming café has settled a lawsuit alleging the loan agreement was usurious and contained "unconscionable terms," according to an order in North Carolina federal court.

  • July 13, 2026

    NC Co.'s $9.8M Indemnity Payment Not Covered, Insurers Say

    A building products manufacturer is not entitled to coverage after reimbursing its financial adviser $9.8 million for defense and settlement costs incurred in litigation over a take-private transaction, the company's excess directors and officers insurers told a North Carolina federal court.

  • July 13, 2026

    Equipment Co. Sues Pa. Railroad Over Abrupt Access Block

    A Pittsburgh industrial equipment company says a short-line railroad adjacent to its property has suddenly stopped a decades-long practice of allowing it to use an access road alongside the tracks, closing off access to the company's loading docks, according to a lawsuit filed in Pennsylvania state court.

  • July 13, 2026

    Cannabis Co. Says Mich. City Forced Illegal License Waiver

    A marijuana dispensary in Michigan's Upper Peninsula told a federal court that a Michigan municipality changed cannabis licensing rules midway through the process and committed fraud and breach of contract.

  • July 13, 2026

    DHS Revives Plan For NJ Immigrant Detention Center

    The U.S. government told a federal judge that it's actually still considering plans to turn a New Jersey warehouse into an immigrant detention center, a week after it reported it no longer intended to pursue the challenged project.

  • July 13, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week handled disputes involving corporate control, post-closing competition, executive departures, arbitration awards and shareholder litigation.

  • July 10, 2026

    WhatsApp Users Must Arbitrate Claims Over Private Messages

    A California federal judge has ordered WhatsApp users suing the messaging platform in a proposed class action over alleged privacy violations to arbitration, rejecting their argument that the underlying arbitration agreements improperly short-circuit certain of state law claims.

  • July 10, 2026

    Toyota Industries' $436M Forklift Emissions Deal Gets Signoff

    A California federal court on Friday officially signed off on Toyota Industries Corp.'s approximately $436 million settlement to resolve a proposed class action alleging that it and other entities misled customers about the true emissions levels of Toyota forklift engines.

  • July 10, 2026

    Google Accused Of Plundering Car Photos To Train AI Ad Tool

    Google harvested thousands of copyrighted images of vehicles to train its artificial intelligence image generator and to integrate the tool into its ad business, where it reaps a "substantial amount of revenue," according to a lawsuit filed by automotive photography company Evox Productions in California federal court.

  • July 10, 2026

    Del. Justices Nix $16M Fee Award In SpaceX Investment Fight

    The Delaware Supreme Court on Friday erased a $16 million fee award stemming from a dispute over a fund manager's handling of a failed $50 million SpaceX investment, concluding that although the fund manager committed a limited breach of a "duty of candor," shifting all litigation expenses to him was unwarranted.

  • July 10, 2026

    McCarter & English Doesn't Owe Insurers $21.3M, Judge Told

    Two Phoenix insurers are demanding an unreasonably high damages award on contract and malpractice claims against McCarter & English LLP and a onetime partner for alleged failings amid commercial loan transactions, a defense finance expert told a Connecticut court, calling the multimillion-dollar figure "speculative."

  • July 10, 2026

    DOJ Defends Nurse Wage-Fixing Conviction At 9th Circ.

    The U.S. Department of Justice urged a Ninth Circuit panel to reject a Las Vegas home nursing executive's appeal of its first-ever criminal wage-fixing conviction, defending its trial characterization of a leniency deal with a cooperating company and the inclusion of the executive's statement likening nurses to prostitutes.

  • July 10, 2026

    Broker Wants Out Of Oil Co.'s Bond Insurance Conspiracy Suit

    An insurance broker urged a Texas federal court to dismiss it from litigation alleging a group of insurers conspired to set unreasonable terms for surety bonds, arguing an oil company behind the suit failed to demonstrate the broker had a role in what the company alleged was a scheme.

  • July 10, 2026

    Feds Seek $16.2M Restitution In Counterfeit Apple Device Suit

    Prosecutors asked a California federal judge on Friday to order a Chinese national to pay part of the $16.2 million in restitution to Apple Inc. for her role in a scheme in which fraudsters returned counterfeit iPhones, iPads and other Apple products in exchange for genuine Apple devices.

  • July 10, 2026

    'Disloyal' CEO Must Pay Co.'s $816K Fox Rothschild Fees

    Oamic Ingredients LLC has won an order forcing its "disloyal" former CEO to pay the Wyoming-based flavoring and aroma firm's Fox Rothschild LLP lawyers nearly $816,000 in fees and costs, with a Connecticut judge chiding the ex-CEO and attorney's poor knowledge of state laws and court rules.

  • July 10, 2026

    Ex-Biomedical Worker Axed For Not Altering Data, Suit Says

    A former regulatory affairs specialist for biomedical company Vitara has alleged in New Jersey state court that she was fired in retaliation for refusing to manipulate data in the company's bid to perform the first human trial of its technology aimed at helping premature newborns.

  • July 10, 2026

    Dissolved LLC Can't Revive Trade Secret Suit, 5th Circ. Says

    The Fifth Circuit has refused to revive a defunct Louisiana company's trade secret suit against a business that won a bid for certain onshore drilling assets and the bank that financed the buy, finding it dissolved itself before actually filing the case.

  • July 10, 2026

    Navistar And Truck Co. Debate Contract In $16M Trial Closings

    Closing arguments Friday in the breach of contract case brought by GLS Leasco trucking company against truck manufacturer Navistar in Michigan federal court dug deep into the semantics of the contracts and communications between the parties, with the two sides disputing whether June 30, 2022, was a firm truck delivery date or an estimated date by which the 1,100 ordered trucks would be built.

  • July 10, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen lawyer Ian Rosenblatt launch legal action against music mogul Simon Cowell, Boohoo face a fresh investor claim after previously facing allegations that it feigned ignorance of labor abuses in its supply chain, and an ex-Tory MP and his chief of staff sued by their former employer. Here, Law360 looks at these and other new claims in the U.K.

  • July 09, 2026

    Wash. Judge Grants Amazon Win In Audible Auto-Enroll Suit

    A Washington federal judge handed a win to Amazon.com Inc. on Thursday, dismissing a shopper's proposed class action accusing the e-commerce giant and its subsidiary Audible Inc. of deceptively enrolling customers in audiobook service subscriptions.

  • July 09, 2026

    Promoter Can't Escape Suit Over Drakeo's Backstage Killing

    A Los Angeles judge held Thursday that a promoter who booked some acts for a concert where rapper Drakeo The Ruler was killed cannot escape a consolidated wrongful death suit brought by the artist's family and associates, ruling his insistence he was not responsible for security at the concert is not enough evidence.

  • July 09, 2026

    Cookies Retail Led Dispensary Into $1.9M Tax Crisis, Suit Says

    Six entrepreneurs alleged in a California state court lawsuit that cannabis giant Cookies Retail pushed them out of their dispensary and took control over its bank accounts, leaving the retail shop saddled with nearly $2 million in unpaid taxes.

  • July 09, 2026

    McCarter Atty Didn't Bungle $20M NY Deals, Conn. Court Told

    McCarter & English LLP and a onetime partner did not commit legal malpractice when representing the lenders in $20 million worth of loan deals that fell apart when the borrower defaulted and a municipal obligor refused to pay, a defense expert told a Connecticut state court on Thursday.

Expert Analysis

  • Evaluating Congressional Investigation Risk In Deal Diligence

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    Given the increasing frequency and sophistication of congressional investigations into corporate business practices, companies conducting transactional due diligence should add procedures to assess and mitigate the unique challenges and wide-ranging risks that can arise from Capitol Hill’s scrutiny, say attorneys at Covington.

  • E-Discovery Quarterly: Recent Rulings On ESI Control

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    Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

  • Calif. Truck Regs Now Require Multiple Compliance Strategies

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    California's various vehicle and truck emissions programs now move on different legal tracks, impose different obligations and create different business risks on different timelines — so companies that treat them as one package subject to a federal Clean Air Act waiver risk missing deadlines and mispricing contracts, says Thierry Montoya at FBT Gibbons.

  • Del. Ruling Shows Power Of Postclose Governance Provisions

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    After the Delaware Court of Chancery reinstated a target company's CEO as part of the equitable remedy in Fortis Advisors v. Krafton, deal parties should emphasize the importance of postclosing governance provisions to earnout economics, knowing that they will have to live with these provisions for the duration of the earnout period, say attorneys at Sidley.

  • A Data-Driven Guide For Navigating The 2026 Oil Price Shock

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    With the Iran war disrupting tanker traffic through the Strait of Hormuz, oil price volatility has soared, and this extreme price dislocation is likely to generate complex legal disputes — but companies can protect themselves by preserving every scrap of market data available, say Peter Niculescu and Leslie Rahl at Capital Market Risk Advisors.

  • 2 Discovery Rulings Break With Heppner On AI Privilege Issue

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    While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

  • 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.

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