Commercial Contracts

  • July 09, 2026

    5th Circ. Prods Highland-Affiliated Co. On Ex-CEO's 'Privity'

    A Fifth Circuit panel pressed an entity related to Highland Capital to explain why a fraudulent transfer claim against Highland's former CEO should stand following a separate consent judgment, asking when the former chief executive ceased to be "in privity with Highland."

  • July 09, 2026

    Tesla Keeps Part Of Arbitration Award In Battery IP Feud

    A California federal judge has backed part of an arbitration award blocking a Tesla supplier from selling certain electric vehicle battery equipment to anyone other than Tesla, but said the arbitrator needs to take another look at other parts of the injunction.

  • July 09, 2026

    Colombian Entrepreneur Cooked Books To Sell Co., Suit Says

    Investment advisory firm Christofferson Robb & Co. has sued former Colombian presidential candidate Santiago Botero and several other entities, claiming they participated in a scheme to inflate the financial performance of Botero's failing loan servicing company that benefited the business executive, his family and friends.

  • July 09, 2026

    USF Must Pay Fees Over Destroyed Notes In Sex Abuse Suit

    A California magistrate judge has ordered the University of San Francisco to pay legal fees stemming from the destruction of its former athletic director's notes in a suit over alleged sexual harassment within the school's baseball program.

  • July 09, 2026

    Insurer Says Freight Cos. Blew Coverage Of $59M Judgment

    An insurer defending two freight companies as they appeal a $59 million personal injury judgment against them urged a New Jersey federal court to find they aren't owed any coverage because, the insurer alleged, they went behind the insurer's back by working with the injured motorist.

  • July 09, 2026

    Colo. Panel Nixes Developer's $1.2M Atty Fee Award

    Colorado appellate judges held for the first time Thursday that a trial court's order denying a request for attorney fees is not final and appealable until the trial court resolves every party's fee request, siding with a property owners association's bid to reverse a developer's $1.26 million fee award.

  • July 09, 2026

    3rd Circ. Hints At Reviving $100M Verdict Against Caterpillar 

    The Third Circuit Thursday appeared skeptical of Caterpillar Inc.'s argument that a lower court's decision to vacate $100 million in damages awarded to a defunct equipment importer should stand, suggesting the heavy equipment maker's argument would foreclose new businesses from ever receiving lost profits.

  • July 09, 2026

    Sandoz's Patent Loss Blocks Antitrust Suit, 4th Circ. Told

    Retired U.S. Circuit Judge Paul R. Michel is backing Amgen against Sandoz's Fourth Circuit appeal, arguing in an amicus brief that the final say over now-nixed allegations of blocked biosimilar competition to arthritis drug Enbrel came when Amgen successfully sued Sandoz for patent infringement.

  • July 09, 2026

    'Bye Bye Bye' Choreographer Drops Sony Copyright Claims

    The artist behind NSYNC's iconic "Bye Bye Bye" choreography has dropped his claims against Sony Music Holdings Inc. over allegations that the company licensed the dance for use in Marvel Studios' 2024 movie "Deadpool & Wolverine" and Epic Games' video game Fortnite without his permission or giving him credit.

  • July 09, 2026

    $500M Medical Glove Contract Breach Suit Sent To Arbitration

    A Malaysia-based distributor must arbitrate its $500 million suit against a medical gloves supplier in a case stemming from a COVID-19 era agreement aimed at supplying nitrile gloves to Walmart for resale, after a New York federal court found an exception to arbitration for intellectual property disputes did not apply to the claims.

  • July 09, 2026

    Atty Fights Bid To Ax Health Plan RICO Suit

    An attorney who filed a proposed RICO class action in New York tied to a Federal Trade Commission case alleging a $91 million sham health insurance scheme is fighting a receiver's dismissal and sanctions bid, telling a Florida federal court he never defied its orders.

  • July 08, 2026

    Samsung Accuses Netlist Of Patent 'Double-Dip' In Latest Suit

    Samsung has kicked off yet another lawsuit in its long-running intellectual property dispute with Netlist, this time claiming that Netlist is trying to "double dip" with a demand that Samsung take a second license to Netlist's patents covering semiconductor technology, according to a complaint filed in Delaware federal court Wednesday.

  • July 08, 2026

    Navistar Expert Says GLS Missteps, Not Delays, Drove Losses

    Navistar's economic damages expert testified in Michigan federal court Wednesday that it was a Warren truck buyer's bad business decisions that led to the company losing millions, not the late delivery of 1,100 tractor-trailer vehicles that Navistar was supposed to deliver in June 2022.

  • July 08, 2026

    Cannabis Firm Escapes Default In Pot Product Supply Dispute

    A California cannabis products distributor has overcome a default judgment in a $306,000 contract dispute after a California state court judge said that the plaintiff's delivery of a copy of the summons and complaint to the company's warehouse floor manager at the wrong address does not count as serving the defendant.

  • July 08, 2026

    9th Circ. Revives Whirlpool Dishwasher Warranty Class Action

    The Ninth Circuit has revived a Washington retiree's lawsuit accusing Whirlpool Corp. and an insurer of deceptively marketing a service plan as providing repairs or replacements for her dishwasher when the fine print allowed them to instead buy the appliance at a depreciated price, leaving her without enough money to replace it.

  • July 08, 2026

    Citadel Securities Drops Portofino Suit To Chase UK Judgment

    Citadel Securities has dropped its New York trade secrets lawsuit targeting a Swiss cryptocurrency trading firm launched by two ex-employees in order to focus on enforcing a roughly £6 million ($8 million) judgment it's already won in the dispute, according to documents filed Wednesday.

  • July 08, 2026

    Amazon Ordered To Give FTC Docs It Claimed Were Privileged

    A Washington federal judge ordered Amazon to give the Federal Trade Commission several documents sought in the agency's antitrust case and said a "re-review" of the online retailer's discovery is needed to ensure the company "does not continue to withhold documents based on an improper application of the attorney-client privilege."

  • July 08, 2026

    McCarter Trial Judge Has 'Serious Doubts' About NY Expert

    The Hartford judge presiding over a $22.5 million lawsuit against McCarter & English LLP and a former partner said Wednesday he had "serious doubts" about allowing testimony from a defense expert, but let him proceed as long as he did not claim to interpret New York law.

  • July 08, 2026

    NC Biz Court Told Insurers Owe Coverage To E-Commerce Co.

    Insurers under Nationwide and Lloyd's of London are facing a suit in the North Carolina Business Court from a digital marketing company alleging the insurers owe it for costs it incurred defending itself from claims it invaded users' privacy.

  • July 08, 2026

    Archer Looks To Toss Remainder Of Joby's Trade Secret Suit

    Archer Aviation has asked a California federal judge to throw out what's left of rival electric air taxi-maker Joby Aviation's trade secret suit, saying Joby had ignored the court's instructions to proceed with narrowed claims and instead tried to expand its allegations without adding more substance.

  • July 08, 2026

    NC Realty Co. And Mortgage Lender Must Face Kickback Suit

    A realty company and a mortgage lender accused of running an unlawful kickback scheme couldn't secure a pretrial win after a North Carolina federal judge found a homebuyer alleged enough to confer standing under federal consumer protection law.

  • July 08, 2026

    FTC Can't Get Zillow-Redfin Deal Held Illegal Before Trial

    A Virginia federal judge refused in a bench ruling Wednesday to limit Zillow and Redfin's ability to defend a rental listings syndication deal the Federal Trade Commission says was a $100 million payoff for Redfin to exit the market, teeing up "multiple" factual disputes for trial next month.

  • July 08, 2026

    Lenders Left Out Of Serta Uptier Deal Win $400M In Ch. 11 Suit

    Creditors that were excluded from Serta Simmons' so-called uptier debt restructuring are entitled to $261 million in damages plus interest, a Texas bankruptcy court has found, ruling against lenders that participated in the 2020 transaction.

  • July 08, 2026

    Day Pitney Can't Be Cut Off From New Counsel, Client Says

    A former Connecticut chief justice's ethics gaffe cannot preclude fellow lawyers at Day Pitney LLP from communicating with new counsel for John B. Clinton, a private equity management firm owner locked in a 13-year-old, $1.3 million corporate windup lawsuit, Clinton has urged a Connecticut state court judge to conclude.

  • July 08, 2026

    Fla. Law Firm Must Pay Defense Costs In Loan Dispute

    A law firm is on the hook for the defense costs of another firm that was sued by a litigation funder for allegedly failing to pay a loan, a Florida state court judge said, citing a previous joint venture agreement requiring indemnification for legal expenses.

Expert Analysis

  • 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.

  • 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.

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