Commercial Contracts

  • July 29, 2026

    King & Spalding Told To End 'Shenanigans' In Bid To Exit Case

    The individual defendants in a $300 million fraud lawsuit have accused King & Spalding LLP of appellate "shenanigans" while it seeks to exit the case due to an alleged ethics conflict, claiming the firm has falsely denied representing corporate clients despite an attorney's appearance suggesting otherwise.

  • July 29, 2026

    Insurers Owe $10M For Ethanol Kickback Award, Ag Co. Says

    The owner of an agricultural management company said liability insurers owed more than $10 million in damages for what he and the company paid toward an arbitration award in a dispute alleging a pay-to-play kickback scheme, saying the insurers improperly applied exclusions and appointed ill-prepared counsel.

  • July 29, 2026

    Glazer Sues In Chancery For More Comerica Merger Records

    A Comerica Inc. stockholder has asked the Delaware Chancery Court to order the bank to turn over additional books and records tied to its merger with Fifth Third Bancorp, alleging the company has improperly withheld key documents needed to investigate whether directors and executives breached their fiduciary duties during the sale process.

  • July 29, 2026

    Manufacturer Can't Recoup Coverage For Gas Leak Losses

    A semiconductor manufacturer is not entitled to additional coverage for losses it incurred after a hydrogen chloride gas leak at one of its facilities, a Texas appellate court ruled, saying the company failed to show it suffered damages that exceeded its policies' deductible and were unrelated to excluded corrosion.

  • July 29, 2026

    Apple, Amazon Beat Bid To Revive IPhone Sales Antitrust Suit

    A Washington federal judge has declined to reinstate a proposed class action accusing Apple and Amazon of illegally limiting iPhone and iPad sales, standing by her previous conclusion that Hagens Berman Sobol Shapiro LLP failed to promptly seek the approval of two substitute plaintiffs after the original lead consumer abandoned the case.

  • July 29, 2026

    PBS Station Sues Data Co. Over 70 Years Of Archived Footage

    A St. Louis public television station has sued a data storage company in Colorado state court to recover 50 terabytes of irreplaceable archival footage and programming spanning seven decades, alleging the company has wrongfully refused to return the data after the station's cloud storage provider ceased operations.

  • July 29, 2026

    Aterian Loses Dismissal Bid In P.J. Mechanical Suit

    The Delaware Superior Court has refused to dismiss a lawsuit accusing private equity firm Aterian Investment Partners of improperly draining millions of dollars from a holding company to avoid paying earnout obligations owed to the former owners of P.J. Mechanical, finding that the founders plausibly alleged that Aterian intentionally interfered with their contract.

  • July 29, 2026

    NC Attorney General's Clash With HCA Cleared For Trial

    The North Carolina Business Court has cleared a path to trial in the state attorney general's suit accusing HCA Healthcare of letting the quality of care at Mission Hospital in Asheville languish.

  • July 29, 2026

    Lowe's Coverage Row, NASCAR Team Tiff: NC Midyear Report

    The North Carolina courts are teeing up for a busy second half of 2026, including readying for a multimillion-dollar insurance trial with Lowe's and speeding through discovery in a high-profile trade secrets dispute involving former NFL coach Joe Gibbs' championship NASCAR team.

  • July 28, 2026

    Randy Quaid Loses Bid To Undo $3.5M Calif. Property Ruling

    Actor Randy Quaid and his wife cannot overturn a $3.5 million judgment awarded to a California couple who bought a Santa Barbara property that once belonged to the Quaids, an appeals court ruled Tuesday, finding substantial evidence supporting claims that the Quaids' false ownership assertions damaged the property's marketability.

  • July 28, 2026

    Baldoni's Studio Owes NYT $170K For Failed Defamation Suit

    "It Ends With Us" director and star Justin Baldoni's production company must pay The New York Times more than $170,000 after it defeated the studio's defamation claims, a New York state judge has ruled, saying the newspaper is entitled to recoup its legal fees.

  • July 28, 2026

    Ill. Judge Questions Construction Rental Antitrust Case

    An Illinois federal judge seemed skeptical Tuesday that a construction equipment rental benchmarking service that allegedly facilitates an illegal rate-fixing scheme among major rental companies includes the sort of enforcement mechanism that would prevent their independent implementation of that data.

  • July 28, 2026

    Texas Judge Calls Late Bid To Disqualify Atty 'Dilatory Tactic'

    A Texas federal judge on Tuesday denied a request to disqualify an attorney representing the former chief executive of a real estate company related to the late mogul Gene Phillips, saying the attempt to knock out the attorney came way too late in the game.

  • July 28, 2026

    SocGen Beats DC Landlord's Suit Over Failed $29M Loan

    A Washington, D.C., federal judge on Tuesday dismissed a lawsuit by a property owner that claimed Société Générale Financial Corp. wrongfully backed out of a planned $29 million loan to refinance a Washington building, ruling that the parties' signed term sheet was only a preliminary negotiating document and not a binding promise to lend.

  • July 28, 2026

    HR Giant Rippling Stole Startup's AI Trade Secrets, Suit Says

    Human resources services provider Rippling stole confidential information about Runlayer's artificial intelligence platform technology to develop its own competing product, the startup claims in litigation filed Tuesday in New York federal court.

  • July 28, 2026

    BofA Must Face Consumer Suit Over Autopay Double Charges

    An Illinois federal judge has ruled that Bank of America NA cannot avoid facing a majority of the claims in a lawsuit accusing the bank of not adjusting automatic payments on credit cards when customers manually pay off their statement balance in the middle of a billing cycle, finding a consumer established standing and showed evidence of a deceptive practice.

  • July 28, 2026

    Penske Accused Of Scheming To Buy Golden Globes

    The Hollywood Foreign Press Association sued Penske Media Corp. in California federal court Tuesday, accusing the company and owner Jay Penske of orchestrating a scheme to fraudulently acquire the Golden Globe Awards as part of a bid to dominate the market.

  • July 28, 2026

    11th Circ. Weighs Waiver In $12.2M Solar Farm Coverage Case

    An Eleventh Circuit panel grappled Tuesday with whether Zurich American Insurance Co. should be freed from a $12.2 million verdict finding it shortchanged a Georgia solar farm's storm damage claim, with one judge seeming to side with the farm's argument that a waiver of a flood deductible was possible.

  • July 28, 2026

    Judge Mulls Pausing Medicaid Work Rule For 'Frail' Recipients

    A Massachusetts federal judge said Tuesday he anticipates deciding by the end of the week whether the Trump administration will have to pause part of a new rule states must follow in determining whether medically frail Medicaid recipients are exempt from new work or school requirements.

  • July 28, 2026

    Texas Panel Says Sysco Can't Arbitrate Driver Injury Claim

    A Texas appeals court on Tuesday found that Sysco USA I Inc. cannot compel arbitration in a delivery driver's injury suit, as the driver is exempt from the Federal Arbitration Act as a transportation worker.

  • July 28, 2026

    Insurance Co. Beats Kosovo Citizens' Disability Benefits Suit

    A New York Life Insurance Co. unit defeated a lawsuit alleging it breached Pennsylvania law when it denied disability benefits to 17 Kosovo citizens who supported the U.S. military in Afghanistan, with a federal judge ruling the claims are preempted by the Employee Retirement Income Security Act.

  • July 28, 2026

    Nielsen Says 2nd Circ. Ruling Makes Courts Price Regulators

    Nielsen has asked the Second Circuit to reconsider a ruling upholding an injunction in a case from Cumulus accusing it of tying sales of its national radio ratings data to its local offerings, telling the appeals court the ruling turns judges into price regulators.

  • July 28, 2026

    Minn. Schools' Hail Damage May Be Covered, 8th Circ. Says

    The Eighth Circuit revived a Minnesota school district's suit seeking coverage for hail damage to the roofs of two schools, finding that the damage may fall outside a cosmetic damage exclusion if it weakened the roofs' ability to withstand the elements to the same extent as before the storm.

  • July 28, 2026

    LG Can't Arbitrate Stockholder Suit, Chancery Says

    The Delaware Chancery Court has refused to send fiduciary duty claims against LG, its U.S. subsidiary and several executives to arbitration, ruling that an investor's derivative lawsuit over the governance of advertising technology company Alphonso must remain in the Delaware court.

  • July 27, 2026

    J&J, Ovarian Cancer Talc Claimants Unveil $5.5B Global Deal

    Johnson & Johnson announced Monday that it has agreed to pay some $5.5 billion to put to rest tens of thousands of lawsuits alleging its talcum powder products caused ovarian cancer, with plaintiffs' counsel calling the deal "long-delayed justice" for their clients.

Expert Analysis

  • 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.

  • 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.

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