Commercial Contracts

  • August 13, 2026

    Bristol-Myers Can't Duck UMB Suit Targeting Drug Approvals

    The Second Circuit on Thursday revived UMB Bank's suit alleging Bristol-Myers Squibb's slow-walking of the drug approval process caused investors to miss out on billions of dollars, rejecting the pharmaceutical giant's contention that the bank lacked standing to sue.

  • August 13, 2026

    9th Circ. Revives $140M Robo-Surgery Antitrust Case

    The Ninth Circuit on Thursday revived a surgical instrument repair company's antitrust suit accusing the makers of the da Vinci surgical robot of illegally blocking third parties from repairing its instruments, ruling that a district judge erred in applying the U.S. Supreme Court's Kodak factors to the dispute.

  • August 13, 2026

    Texas Appeals Court Flips $34M Verdict In Hospital Suit

    A Texas appeals court wiped out a $34 million verdict against a healthcare company Thursday, saying the trial court interpreted the parties' contract incorrectly and the company did not breach its agreement with a private orthopedic practice group.

  • August 13, 2026

    Kalshi Must Suspend Most Wash. Offerings, Install Geofencing

    A Washington state court judge has blocked Kalshi from offering event contracts to state residents in most of its prediction market categories while the attorney general's legal challenge unfolds, setting deadlines for the platform to institute location-based geofencing, while spurning the company's bid to maintain operations pending appeal.

  • August 13, 2026

    Festival Director Must Face Suit Over Drakeo's Killing

    The festival director of a concert where rapper Drakeo the Ruler was killed backstage cannot escape a consolidated wrongful death suit brought by the artist's family and associates, with a Los Angeles judge ruling Thursday that a triable issue of material fact remains regarding the entity's role at the event.

  • August 13, 2026

    3rd Circ. Upholds Dismissal Of Lipitor Pay-To-Delay Case

    The Third Circuit on Thursday backed the dismissal of an antitrust suit alleging Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay the market entry of a generic version of the cholesterol drug Lipitor, ruling that the plaintiffs lacked standing.

  • August 13, 2026

    7 States Urge Feds To Reject $85B UP, Norfolk Southern Deal

    Seven state attorneys general are urging the federal Surface Transportation Board to reject the planned $85 billion merger between Union Pacific Corp. and Norfolk Southern Corp., saying the rail giants have not shown how the deal would serve the public interest.

  • August 13, 2026

    Cheer Competition Organizers Settle Antitrust Fight

    Cheerleading competition organizers at odds with the U.S. All Star Federation Inc. have told a Texas federal court they've reached a settlement to resolve all pending antitrust claims they asserted against the governing body.

  • August 13, 2026

    DirecTV Says Nexstar Suit Discovery Damning But Incomplete

    DirecTV says documents produced by Nexstar Media Group and the two companies accused of conspiring with the massive multimedia conglomerate to fix prices for retransmission fees already show that collusion was happening, but Nexstar is dragging its feet on producing the rest.

  • August 13, 2026

    DOJ Backs X Corp.'s 5th Circ. Advertiser Boycott Appeal

    The U.S. Justice Department backed X Corp. on Wednesday by arguing in a Fifth Circuit amicus brief that a Texas federal judge botched the antitrust injury analysis when tossing a lawsuit accusing Mars, CVS, Nestle, Lego, Tyson Foods and other advertisers of agreeing to boycott the social media platform after Elon Musk's purchase.

  • August 13, 2026

    Davis Polk Sues Power Co. Ex-Clients Over $3.2M Fees

    Davis Polk & Wardwell LLP is pursuing New York state court claims against former energy company clients, accusing them of abruptly ceasing payments and failing to pay $3.2 million in fees accrued amid an underlying contract dispute.

  • August 13, 2026

    NC Biz Court Bulletin: Judges Retire, HCA Suit Heads To Trial

    The North Carolina Business Court dropped a host of heavy-hitting opinions in July ahead of two judicial retirements and a new chief judge rising in the ranks.

  • August 12, 2026

    DC Court Says Firms' Fee Arbitration Pact Wasn't Coerced

    An appeals court has affirmed an arbitral award issuing a Washington, D.C., law firm zero fees in connection with efforts by defense contractor Wye Oak Technology Inc. to enforce a $120 million judgment against Iraq, rejecting the firm's argument that an underlying fee deal was coerced.

  • August 12, 2026

    ITC Judge Finds Asus Infringed Netgear Wi-Fi Patent Claims

    An administrative law judge for the U.S. International Trade Commission made an initial finding that Taiwanese electronics manufacturer Asus and another Wi-Fi device seller infringed claims in a couple of patents licensed to Netgear. 

  • August 12, 2026

    Norwegian Air Affiliates Seek Boeing Exec Depo In 737 Case

    Norwegian Air subsidiaries that claim Boeing duped them into a 737 Max deal by overstating the jets' safety urged a Washington federal judge Tuesday to order the deposition of a former Boeing executive, contending he has unique insight into information shared with top corporate leaders during the aircraft's development.

  • August 12, 2026

    Texas Medical Board Says AG Can't Get In On Malpractice Suit

    The Texas Medical Board told a state court judge that the Texas Office of the Attorney General could not represent a doctor who tried to treat a COVID-19 patient with ivermectin, saying the office flouted ethics rules by first representing the board and then representing the doctor.

  • August 12, 2026

    Sprint Can't Shake Cogent's $24M Fiber Contract Claims

    The Delaware Chancery Court has refused to dismiss Cogent Infrastructure LLC's contract claims against Sprint over a disputed fiber optic network deal, finding that an accounting firm's earlier decision on a roughly $24 million purchase price adjustment does not block Cogent from pursuing broader claims that Sprint misrepresented the nature of the fiber arrangement.

  • August 12, 2026

    Moving Co. Says Chubb Owes Coverage For Employee Theft

    A moving company said its insurer wrongfully refused to cover a loss resulting from a former manager's fabrication of time sheets for an independent contractor in exchange for kickbacks, telling a Washington state court that the scheme triggered its policy's $2 million employee theft coverage.

  • August 12, 2026

    Insurer Says Property Owner's Hail Claim Lacks Proof

    An insurer says a property owner's request that a Tennessee federal court declare that its building was damaged in a "significant weather event" improperly asks the court to rule on competing expert opinions on the storm's severity, rather than any legal claims in the $10 million coverage dispute.

  • August 12, 2026

    'Donnie Darko' Producer Sues Over Profits, Sequel Rights

    Film producer Adam Fields sued two companies that own the rights to "Donnie Darko" in California state court, alleging they have reported negative profits for the cult classic and have denied him his contractual rights to participate in a sequel.

  • August 12, 2026

    BakerHostetler Faces Possible RICO Claim From Ex-Client

    A trustee who has accused BakerHostetler and an Atlanta-based attorney of legal malpractice has asked a Georgia federal court to allow him to accuse the former de facto general counsel and business adviser of a nonprofit of violating the Georgia RICO Act.

  • August 12, 2026

    SAP Should Face AI Co.'s Trade Secret Case, Judge Says

    An artificial intelligence software company's suit in the Northern District of Texas claiming three former employees swiped trade secrets and took them to SAP should move forward, a federal magistrate judge has said.

  • August 12, 2026

    Bridal Shop's Fire Coverage Suit Should Be Axed, Judge Says

    A state court finding that insurers needn't cover a contractor in an underlying suit over fire damage to a bridal shop bars the shop from pursuing coverage from the carriers for a $38 million judgment against their policyholder, a federal judge said in recommending the suit's dismissal.

  • August 12, 2026

    Deal Reached In Class Action Over Botched Calif. Bar Exam

    A settlement has been reached in a proposed nationwide class action brought by bar applicants against the proctor of the botched February 2025 California bar exam, one month after the California State Bar settled its claims against the proctor.

  • August 12, 2026

    MSC Cruises Chair Asks UK To Block US Me-Too Suit

    The executive chairman of MSC Cruises has asked a London court to block an American tech entrepreneur's sexual misconduct suit, arguing that her case violates a non-disclosure agreement they signed during business talks.

Expert Analysis

  • $400M Serta Ruling Offers Warning On Uptier Deal Risks

    Author Photo

    A Texas bankruptcy court's recent remand ruling, which disallowed Serta Simmons Bedding’s uptier debt exchange and awarded $400 million to the minority lenders, demonstrates why deal counsel negotiating similar agreements should clearly define exceptions and lien subordination, while litigators should lean on express terms, says Jamie Aycock at Yetter Coleman.

  • Trade Secret Practice Tips From The 1st Half Of 2026

    Author Photo

    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • How CME Suit May Reshape CFTC's Crypto Derivatives Rules

    Author Photo

    CME Group's recent lawsuit over the U.S. Commodity Futures Trading Commission's approval of a Kalshi application to offer a bitcoin perpetual contract as a futures product could have cascading consequences for crypto derivatives regulation, highlighting why policy ambitions do not override statutory text or substitute for reasoned decision-making, says attorney Tamara de Silva.

  • JPMorgan Ruling Shows Courts' Limited Role In Fee Fights

    Author Photo

    The Delaware Chancery Court's recent decision that JPMorgan Chase must cover more than $21 million in disputed legal fees for two former executives of the startup Frank illustrates the reality that companies, not the courts, are responsible for ongoing supervision of legal spending, says Theodore Edelman at GCE Advisors.

  • Decoding Arbitral Disputes: Post-Award Noncompliance

    Author Photo

    Grainful Holdings v. Mineev, a recent Commercial Court decision that resulted in a sentence for contempt following post-award enforcement proceedings, illustrates the point at which proceedings, having moved beyond recognition of an arbitral obligation, engage the court's own coercive jurisdiction, says Josep Galvez at 4-5 Gray's Inn.

  • Tips For Investors, Creditors Before Venezuela Restructuring

    Author Photo

    As Venezuela enters the first genuinely actionable phase of what may become one of the largest sovereign debt restructurings in modern financial history, creditors should strategically evaluate their claim types and investors should consider engaging before formal negotiations commence, says Rodrigo Carvalho at Winston Taylor.

  • Series

    Being A Magician Makes Me A Better Lawyer

    Author Photo

    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

  • Illinois Audit Law Will Make AI Clauses Actually Enforceable

    Author Photo

    A law recently enacted in Illinois creates a first-in-the-nation requirement for artificial intelligence developers to undergo annual audits, providing objective standards that can be incorporated into private contracts and addressing the problem of defining responsible AI use, says William Tanenbaum at Moses & Singer.

  • Who Owns The Data Behind The Beautiful Game?

    Author Photo

    Every match at the 2026 FIFA World Cup generates enormous volumes of information that can improve performance, enhance fan engagement and create new revenue streams, but that same data can also create significant legal exposure if rights and responsibilities are not clearly defined, say attorneys at Morgan Lewis.

  • Lessons On Contingency Planning From OFAC's Iran Reversal

    Author Photo

    The Office of Foreign Assets Control‘s abrupt revocation of a recent license easing sanctions on Iranian oil products shows commercial dealings relying on OFAC licenses or with higher sanctions risks should expressly address what happens if a policy change makes performance prohibited, says Michelle Roberts at Berliner Corcoran.

  • What Actually Matters To GCs During Cross-Border Disputes

    Author Photo

    A recent international arbitration forum featured an in-house perspective on dispute resolution, highlighting that relationship preservation and other factors may matter more to businesses than success on legal merits, say Michael Mutek at Womble Bond and Mark Stadnyk at Thyssenkrupp Nucera.

  • Reviving Prize Law Would Reshape Maritime Seizure Risks

    Author Photo

    Recent U.S. maritime interdictions of sanctioned tankers and shadow fleet vessels raise urgent questions about whether civil forfeiture or prize law — a framework that has not been meaningfully tested since the Spanish-American War — governs and the potential impacts on vessel owners, charterers and insurers, say attorneys at Holland & Knight.

  • Fiduciary Duty Risks In Continuation Vehicle Transactions

    Author Photo

    Continuation vehicle transactions have become prominent in private equity, but conflicts may arise due to transaction structures and implicate fiduciary duties, with a recent Delaware case highlighting several procedural considerations for sponsors, say attorneys at Debevoise.

  • $100M Clean Air Act Ruling Transforms Parent Co. Liability

    Author Photo

    A Michigan federal court's recent decision in U.S. v. EES Coke Battery, holding a company liable for Clean Air Act violations at a plant owned by its subsidiary, weakens the legal shield between businesses and their corporate parents, and has started a legal battle that may last for years, say attorneys at Haynes Boone.

  • CFIUS' Mandate Misses Foreign Risk In Project Subcontracts

    Author Photo

    Recent calls for the Committee on Foreign Investment in the United States to review equity transactions like the Paramount Skydance-Warner Bros. deal miss a consequential oversight gap — CFIUS' inability to review the subcontracting layer of U.S. infrastructure projects, says Thibaut Giret at Alstef Group.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Commercial Contracts archive.