Commercial Contracts

  • August 25, 2026

    Md. Judge Trims Baltimore Bridge Wreck Damages Claims

    A Maryland federal judge has slashed claims from Baltimore, businesses and dockworkers seeking to recover millions in economic losses from the owner and operator of the container ship that slammed into the Francis Scott Key Bridge, saying the nearly century-old Robins Dry Dock rule bars many of their claims.

  • August 25, 2026

    German Bank Seeks OK Of €3.5M Arbitration Award

    A German bank urged a Florida federal court on Monday to confirm a €3.5 million arbitration award it won against TessPay Finance Inc. following a dispute over receivables the bank bought that were purportedly owed to TessPay but did not exist.

  • August 25, 2026

    AIDS Org 'Had Its Chance' To Sue Express Scripts, Judge Says

    Express Scripts convinced a Missouri federal judge Tuesday to dismiss an AIDS Healthcare Foundation antitrust suit the judge said was precluded by a rejected earlier case in the same district raising the "same facts and circumstances" accusing the pharmacy benefit manager of imposing lower reimbursement rates on specialty pharmacies.

  • August 25, 2026

    Investor Seeks Legal Fees In Del. Over Energy Co. Share Suit

    Hudson Bay Longview LLC has sued Mountain State Energy Holdings LLC in the Delaware Chancery Court seeking to force the energy company to pay the legal costs Hudson Bay is racking up while defending a separate New York lawsuit over its purchase of Mountain State shares.

  • August 25, 2026

    Investor Says Vail Resorts Conspired To Fix Ski Pass Prices

    Vail Resorts Inc. and its executives conspired with competitors to fix prices for its lift tickets and misled its stockholders about the company's conduct, an investor in the mountain resort operator alleged in Colorado federal court.

  • August 25, 2026

    Silicon Valley AI Chip Co. Hit With $50M Breach Verdict

    A California state court jury has found a Silicon Valley computer chipmaker founded by Intel's former president owes $50 million for terminating its deal with FICT Ltd. for semiconductor substrates, in a mixed verdict that also determined the Japanese electronics manufacturer did not fulfill all its obligations under the agreements.

  • August 25, 2026

    No Partial Appeal Before Trial For Ex-Under Armour Supplier

    A Pennsylvania federal judge won't pause a November trial for tortious interference claims against Under Armour so a former supplier can appeal the dismissal of its antitrust claims, the court said Tuesday.

  • August 25, 2026

    Drugstores Beat Sun Pharma's $10M Racketeering Suit

    A New Jersey federal judge threw out Sun Pharmaceutical Industries Inc.'s suit against a group of pharmacies alleging they engaged in a criminal, years-long racketeering scheme that resulted in it paying more than $10 million in refunds for short-dated pharmaceutical products, ruling that the pharmacies were improperly joined together.

  • August 25, 2026

    Trucordia, Ex-Producers Fight Over Arbitration Clause

    Counsel for former insurance producers Arthur and Kirk Maberry urged the Delaware Chancery Court on Tuesday to send Trucordia's client-poaching lawsuit to arbitration, arguing that a broad arbitration clause in 2022 retention agreements still governs the dispute despite later employment and equity agreements.

  • August 25, 2026

    Cooley Life Sciences Atty Joins Foley & Lardner In San Diego

    Foley & Lardner LLP announced that a life sciences attorney with over 30 years of experience has jumped to the firm's San Diego office as a partner from Cooley LLP.

  • August 25, 2026

    Insurer Gets $2 In Damages In Trade Secret, Contract Case

    A Chicago-based captive insurer was granted a favorable judgment on some claims of trade secret misappropriation and breach of contract but was awarded only $2 in nominal damages in a case alleging that an insurance seller and some agents lifted confidential client lists.

  • August 25, 2026

    Ex-DOJ Fraud Attys Switch To Civil Focus At Boutique Firm

    Criminal fraud prosecutors commonly pursue careers as white collar defense lawyers after exiting the U.S. Department of Justice, but a group of ex-DOJ lawyers who have recently joined national litigation boutique AXS Law Group are embarking on a path less traveled.

  • August 25, 2026

    Winston Taylor Hires Ex-Willkie Securities Expert In Chicago

    Winston Taylor LLP has brought on board a former Willkie Farr & Gallagher LLP counsel who, before his most recent role, spent more than eight years as an assistant U.S. attorney in the Northern District of Illinois working on securities and commodities fraud issues, the firm announced on Tuesday.

  • August 25, 2026

    Calif. Judge OKs $2.25M Settlement In Crab Price-Fixing Suit

    A California judge has preliminarily approved a $2.25 million fund to settle a proposed class action accusing an Oregon seafood company of a conspiracy to cap prices paid to fishermen for Dungeness crab in the Pacific Northwest.

  • August 25, 2026

    Calif. Tribe Says County Tanked $12M Airport Land Deal

    The Twenty-Nine Palms Band of Mission Indians is accusing Riverside County and its officials of fraudulently inducing it into a $12 million land investment, telling a California district court that the municipality pulled a bait-and-switch when it then banned access to the airport-adjacent property.

  • August 24, 2026

    Trump Says Capital One Accounts Case Shouldn't Be Tossed

    President Donald Trump and his businesses have urged a Florida federal court not to axe their suit against Capital One, doubling down on their argument that the bank surveilled them and unlawfully closed hundreds of accounts "for no reason other than politics."

  • August 24, 2026

    Ben & Jerry's Suit Against Magnum Trimmed, But Not Tossed

    A New York federal judge has largely trimmed a Ben & Jerry's lawsuit accusing its former parent company, Unilever, and its current parent, Magnum, of failing to respect the ice cream company's social mission, tossing seven out of 10 claims in the breach of contract suit.

  • August 24, 2026

    5th Circ. Revives Architect's IP Claims In Fractured Ruling

    A divided Fifth Circuit has revived an architectural firm's copyright infringement claims over the use of its home designs in a Texas residential development, while affirming the dismissal of claims alleging that the defendants stripped copyright information from marketing materials.

  • August 24, 2026

    Spirit Data Sale To Google Draws Objection From Springshot

    Software company Springshot Inc. has filed a limited objection to the $10 million sale of Spirit Aviation Holdings' business data to Google LLC for artificial intelligence training, saying some of the data being sold could potentially constitute Springshot's intellectual property.

  • August 24, 2026

    Fiat Chrysler Brings Defective Headrest Suit To Justices

    Fiat Chrysler is urging the U.S. Supreme Court to resolve a circuit split over whether an arbitrator or a court should decide the proper venue for a dispute involving a nonsignatory to an arbitration agreement, in a proposed class action over allegedly defective Jeep and Dodge headrests.

  • August 24, 2026

    2nd Circ. Says Nielsen Unbundling Order Starts Tuesday

    The Second Circuit has declared that the preliminary injunction blocking Nielsen from making Cumulus Media buy its local offerings to gain access to its national radio ratings data will go into effect Tuesday.

  • August 24, 2026

    Judge Preserves, But Narrows, IP Verdict Against NuVasive

    A Delaware federal judge on Monday kept in place much of a jury's infringement findings against NuVasive in a doctor's case against it over a group of spinal implant patents but found the jury's other infringement conclusions weren't supported by enough evidence.

  • August 24, 2026

    'Old Boys Club' Tainted College Prof's Review, Jurors Told

    A former professor at The College of New Jersey told a Garden State jury on Monday that the college's finance department was run like an old boys club and that her contract was not renewed because she's a woman.

  • August 24, 2026

    Avis Didn't Waive Arbitration In Insurance Fight, 3rd Circ. Says

    Avis Budget Group didn't waive its right to arbitrate a dispute over its supplemental liability insurance by deposing a pair of customers in discovery, the Third Circuit ruled Monday, saying the car rental company needed to develop a factual record before moving to compel arbitration.

  • August 24, 2026

    'Time Bubble' Doesn't Warrant 'RAW' TM Retrial, Judge Says

    An Arizona federal judge has denied a request for a new trial to a company suing a rival over its "RAW" rolling papers trademark, saying the company had not been prejudiced by the judge's decision to exclude evidence from May 2021 on and ordering the company to pay its rival over $3 million in attorney fees and costs.

Expert Analysis

  • 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.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • Compliance Takeaways Amid Subscription Practices Scrutiny

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    The Federal Trade Commission's prioritization of enforcement regarding deceptive billing and cancellation practices in recurring subscriptions, and new click-to-cancel rulemaking expected on the horizon, carry key takeaways for companies using recurring subscriptions to sell products or services, say attorneys at Arnold & Porter.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

  • What Kalshi Cases Reveal About State Authority, Regulation

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    Prediction markets like Kalshi have ignited complex legal battles that get to the heart of how novel financial products intersect with traditional state enforcement authority, and courts are already beginning to divide over whether federal law preempts state enforcement authority restricting these offerings, say attorneys at Holtzman Vogel.

  • What US Arms Sales Reforms Mean For Defense Industry

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    A recent executive order with the goal of increasing U.S. arms sales transparency, speed and government-industry collaboration carries both promise and risk for the defense industry as the government seeks to leverage the private sector and use commercial products for defense purposes, say attorneys at Fluet.

  • How Recent Del. Rulings Clarify M&A Deal Fraud Carveouts

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    Two recent Delaware decisions have provided clarity regarding when a party can or cannot rely on representations made during the course of an M&A transaction, particularly on the scope and enforceability of antireliance provisions, and on representations they knew or should have known were false, says Anthony Boccamazzo at Olshan Frome.

  • Aligning Microsoft Tools With NYC Bar AI Recording Guidance

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    The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from January and identifies practice tips from cases involving allegations of violations of consumer fraud regulations, the Fair Credit Reporting Act, employment law and breach of contract statutes.

  • 5 Different AI Systems Raise Distinct Privilege Issues

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    A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.

  • After Learning Resources: A Practical Guide For US Importers

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    Following the U.S. Supreme Court's Feb. 20 decision in Learning Resources v. Trump, U.S. importers and consumers on whom tariffs were imposed under the International Emergency Economic Powers Act can seek relief through existing administrative procedures or a yet-to-be-determined bespoke refund mechanism, and should plan for more changes in the tariff landscape, say attorneys at Baker Botts.

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