Commercial Contracts

  • September 11, 2026

    Austrian Device Maker Exits Suit Over Medicare Fraud

    A Colorado federal court Friday dropped an Austrian medical device maker from a lawsuit brought by a podiatrist who alleged the company helped create a scheme to bill Medicare using improper codes, finding he failed to detail the alleged fraud sufficiently and defend several other claims.

  • September 11, 2026

    Mass. Fund Says It Was Sidelined After Lining Up $300M

    A Massachusetts life sciences investment fund says SPRIM Global Investments strung it along on a pledge to bring it in as a co-general partner in a new joint fund, then backed out of the agreement and took control of the fund after the plaintiff lined up a $300 million investment, according to a lawsuit filed in Massachusetts state court.

  • September 11, 2026

    Fed. Circ. Questions Medical Training Co.'s $100M Deal Theory

    A medical training startup urged the Federal Circuit on Friday to revive claims accusing Galderma of a "classic catch-and-kill strategy" to derail what it says could have been a $100 million deal with Allergan, but a three-judge panel questioned whether that theory had been properly presented below.

  • September 11, 2026

    Colo. Investors Accuse Startup League, Owner Of Fraud

    A high school football league startup and its owner fraudulently induced a Colorado youth sports foundation and related companies to buy a $2.5 million Denver franchise by misrepresenting the league's size and corporate sponsors and reneged on a settlement agreement, according to a lawsuit in Colorado federal court.

  • September 11, 2026

    Retiree Says Pot Entrepreneur Scammed Him Of $3M Savings

    A California retiree and his relative are suing a cannabis entrepreneur and his businesses in Los Angeles court, alleging that the entrepreneur duped them into investing more than $3 million into a cannabis business, only to string them along and fail to live up to his promises of repayment.

  • September 11, 2026

    Altria Signals Appeal Of Order Ending Reynolds' Royalty Tab

    Philip Morris's parent company plans to appeal a North Carolina federal judge's ruling finding a sublicensing agreement between R.J. Reynolds Vapor Co. and Juul Labs Inc. relieves Reynolds of its obligation to pay ongoing royalties under a 2022 jury verdict, according to a notice filed Friday.

  • September 11, 2026

    Fed. Circ. Scrutinizes Presumptive Date In Turkish Rebar Row

    A Federal Circuit panel on Friday looked to clarify the effect of the U.S. Department of Commerce's presumption that invoice dates are generally the best option for determining dates of sale during duty investigations, with a Turkish company claiming the presumption cost it $20 million.

  • September 11, 2026

    Insurer May Be On The Hook For Debt Collector's Defense

    Claims that a debt collector engaged in an illegal collection scheme aren't covered under its policy with a Nationwide unit, but the insurer may owe coverage if it is found to have acted in bad faith while defending the company, a Washington federal court ruled.

  • September 11, 2026

    LA Judge Rejects Bid For $134K Default In Pot Co. Loan Suit

    A California state judge has rejected a lender's bid for default judgment in a suit alleging that a cannabis oil extraction company's owner failed to pay back a $134,000 loan, saying the lender is asking for too much without sufficient evidence.

  • September 10, 2026

    Huawei Ripped Off Amazon Cloud Platform IP, Jury Hears

    A former engineer for a U.S. subsidiary of Huawei on Thursday testified that she was shocked and upset after a colleague boasted of co-opting patented code used in Amazon's cloud computing platform, the first of several Huawei employees that are expected to take the stand in the Chinese telecommunications company's RICO trial in New York federal court. 

  • September 10, 2026

    Lilly Owes Nektar $1B If It Breached Rezpeg Deal, Jury Told

    Nektar Therapeutics' damages expert told a California federal jury on Thursday that Eli Lilly & Co. could owe the biotechnology company nearly $1 billion if it finds that the pharmaceutical giant breached a license agreement to co-develop Nektar's autoimmune-disease drug Rezpeg.

  • September 10, 2026

    JPMorgan Aided Ex-Atty Kossoff's $18.5M Theft, Trustee Says

    The Chapter 7 trustee representing bankrupt firm Kossoff PLLC on Wednesday sued JPMorgan Chase Bank NA, claiming the bank helped the firm's principal steal at least $18.5 million from clients, and it "should be made to account."

  • September 10, 2026

    SpaceXAI Says Alleged Grok Child Porn Maker Must Indemnify It

    SpaceXAI LLC on Thursday accused a Pennsylvania man of using its artificial intelligence tool Grok to generate child sexual abuse material, telling a Texas federal court that the man breached the terms of service agreement and must indemnify the company.

  • September 10, 2026

    Princeton Must Face Title IX Claim Tied To Gender Bias

    A New Jersey federal judge refused to end a former Princeton University student's claims stemming from his expulsion after an investigation into his ex-romantic partner's allegations of violence, finding that a jury could conclude that gender played a role in the outcome.

  • September 10, 2026

    Nielsen Tells 2nd Circ. Court Altered Terms Of Cumulus Order

    Nielsen is headed back to the Second Circuit after a New York federal court changed the terms of a preliminary injunction that the appellate court had already upheld, the company said, requiring Nielsen to not only unbundle its national radio ratings data from its local offerings but also to provide that data on specific terms.

  • September 10, 2026

    6th Circ. Nixes $31.8M Pot Farm Judgment Against Curaleaf

    The Sixth Circuit on Thursday reversed a $31.8 million jury judgment against cannabis giant Curaleaf, saying the federal illegality of cannabis precluded federal courts from enforcing contracts that require parties to commit federal crimes.

  • September 10, 2026

    US, Ohio Settle 15-Year Dam Mining Dispute

    The federal government and Ohio have decided to settle their more than 15-year legal battle over the state's authorization of coal mining near a federal dam and reservoir.

  • September 10, 2026

    Clinical Trial Buyer Says Ex-Owner Breached $100M Deal

    Surge ECN Holdings LLC and ECN Operating LLC have accused the former owner of a clinical trial research network of violating a five-year noncompete and other restrictions tied to a deal worth more than $100 million, alleging he diverted customers, recruited key physicians and used confidential information to build a competing business.

  • September 10, 2026

    Drone Co., Ex-VP Reach Deal Resolving Pay, Sabotage Claims

    A company that makes emergency response drones and its former vice president of sales have settled a dispute in which the executive alleged he was stiffed on pay and the company accused him of trying to sabotage its business, court records show.

  • September 10, 2026

    Hospitals Say Mich. BCBS Unit Owes For Out-Of-State Care

    A Michigan Blue Cross Blue Shield unit owes a group of hospitals more than $800,000 in reimbursement for health services they provided to patients covered under out-of-state BCBS plans, the hospitals allege in a complaint in Michigan federal court.

  • September 10, 2026

    EchoStar Says Ex-VP Violated Noncompete In Move To Rival

    A former executive vice president of EchoStar Corp. violated his noncompete agreement when he left his role at the company to take a COO position with a rival company just two weeks later, the telecommunication giant alleged in Colorado state court Wednesday.

  • September 10, 2026

    Deutsche Bank Says Viks Seek To Delay Norway Case Fight

    Deutsche Bank AG has urged a Connecticut state court to reject a request by billionaire Alexander Vik and his daughter to hold two trials as they seek an anti-suit injunction, arguing that they are just trying to extend a court-ordered block on litigation in Norway despite a recent appellate decision gutting the rationale for the injunction.

  • September 10, 2026

    Cold Brew Equipment Co. Owner Must Hand Over Assets

    The founder and minority owner of a cold brew equipment company has agreed to hand over passwords, customer information, software and other company assets to its majority owner in a dispute over control of the business following a 2024 acquisition, according to a Colorado state court filing.

  • September 09, 2026

    Nektar CEO Opens Door To Finance Questions In Eli Lilly Trial

    Nektar Therapeutics failed Wednesday to block evidence of its financial condition from entering into a California federal trial over a failed deal to codevelop its drug Rezpeg with Eli Lilly, after its CEO's testimony on cross-examination prompted the judge to allow the evidence for impeachment purposes.

  • September 09, 2026

    Fed. Circ. Eyes PTAB Cases That May Sink $445M Netlist Win

    A $445 million verdict against Micron Technology Inc. for infringing two Netlist Inc. computer memory patents hung in the balance Wednesday, as a Federal Circuit panel questioned Netlist's arguments that the Patent Trial and Appeal Board wrongly found claims in both patents invalid.

Expert Analysis

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • What Bulk-Power Gear Import EO Means For US Energy Cos.

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    Though President Donald Trump's recent executive order restricting imports of foreign-produced bulk-power system electrical equipment imposes no immediate obligations on private parties, stakeholders can take near-term steps to mitigate supply chain and contractual risks, as much of the order's ultimate impact will depend on implementing regulations, say attorneys at Orrick.

  • Voyager Ruling Maps Out Ch. 11 Exculpation Lessons

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    Chapter 11 plan proponents drafting exculpation provisions may benefit from contrasting the exculpatory language recently invalidated by a New York federal court in the Voyager Digital Holdings case with successful recent use of these provisions in confirmed bankruptcy plans, say attorneys at Debevoise.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

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    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • SVB Parent's Claim Loss To FDIC Bears Bond Wording Lesson

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    A North Carolina federal court’s recent ruling that the Federal Deposit Insurance Corp., as receiver for the collapsed Silicon Valley Bank, solely owns a $73 million fraud claim illustrates why parent financial institutions should scrutinize joint assured provisions in fidelity bonds to prevent a failed subsidiary's covered losses going to a receiver, say attorneys at McGuireWoods.

  • Deal Termination Lessons From Verisk Merger Review Ruling

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    The Delaware Chancery Court’s recent ruling that Verisk Analytics forfeited its right to terminate a deal that was facing a second information request from the Federal Trade Commission illustrates the danger of information gaps between client and counsel and the risks of "willful conduct" language in merger agreements, say attorneys at HSF Kramer.

  • Prepping Health Businesses For Sale In A Data-Driven Market

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    In a thinner market for healthcare transactions, with both regulators and buyers using artificial intelligence to inspect data in great detail, the margin for error in sellers' financials and legal diligence has narrowed, requiring more proactive compliance efforts, says Cody Dumas at FBFK Law.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Using CFIUS' New Risk Matrix And Mitigation Guidance

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    The Committee on Foreign Investment in the United States' national security matrix and related mitigation guidance provides a common vocabulary for allocating regulatory and mitigation risk in transaction documents, and may help focus any discussions with the agency, say attorneys at Simpson Thacher.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

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    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • What 9th Circ. Devas Ruling Means For AI Infrastructure Deals

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    The Ninth Circuit's recent confirmation of a $2 billion arbitration award in Devas Multimedia's arbitration against a state-owned commercial arm of India’s space agency creates a cross-border enforcement road map for disputes that are bound to arise from the current generation of artificial intelligence infrastructure deals, says Fernanda Merouco at Davis Wright.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

  • Early Action Can Benefit Distressed Restaurant Franchisees

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    As rising costs put increased pressure on restaurants, as evidenced by recent bankruptcy filings by Popeyes, Farmer Boys and Applebees franchisees, distressed businesses should move early to preserve profitable locations, reject uneconomic obligations, manage brand defaults and choose the appropriate restructuring path, says Christopher Caplinger at Kean Miller.

  • How 'Most Favored Nation' Regime Affects Biopharma Deals

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    As M&A activity surges in the biopharma space, companies will need to account for the Trump administration's most-favored-nation pricing proposals — durable in concept, if unsettled in detail — when drafting deals, say attorneys at Gibson Dunn.

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