Commercial Contracts

  • June 25, 2026

    Robo-Surgery Co., FTC Urge 9th Circ. To Revive Antitrust Case

    Surgical Instrument Service and the Federal Trade Commission urged the Ninth Circuit on Thursday to revive the company's case accusing Intuitive Surgical of blocking third parties from refurbishing components for its da Vinci surgery robot, saying a lower court erred in requiring the U.S. Supreme Court's Kodak factors to be proven.

  • June 25, 2026

    Brad Pitt Gets OK To Sue Oligarch In Calif. Over Winery Sale

    A California appellate court has vacated a lower court's jurisdictional ruling, holding that Brad Pitt could indeed sue the new part-owner of the French winery he once owned with his ex-wife Angelina Jolie in California court because the owner has sufficient ties to the Golden State.

  • June 25, 2026

    Texas Faces Tough Questions In Tylenol Autism Appeal

    A Texas appellate court seemed skeptical Thursday of an argument that the parent entities of the company that sells Tylenol should have to defend claims that the pain reliever causes autism, suggesting that the companies don't have enough ties to Texas.

  • June 25, 2026

    Colo. Panel Says Prehearing Objection Preserves Arb. Fight

    A Colorado Court of Appeals panel ruled Thursday that a party doesn't waive its right to object to arbitrability so long as the objection is raised prior to the arbitration hearing, even if the party participated in the arbitration proceedings for an extended period of time.

  • June 25, 2026

    Dell Shareholders Approve Legal Move To Texas

    Dell Inc.'s shareholders approved a proposal to move the company's legal home from Delaware to Texas, the company's founder and CEO Michael Dell announced Thursday on social media.

  • June 25, 2026

    Netflix Urges Justices Not To Disturb 9th Circ. ERISA Docs Ruling

    Netflix urged the U.S. Supreme Court Thursday not to take up a petition from an employee health plan participant who alleged the company failed to provide him access to plan documents in violation of federal benefits law, arguing the Ninth Circuit's ruling in the case should remain in place.

  • June 25, 2026

    Brokerage Workers Say $1.05B Sale Shortchanged Them

    A proposed class action in Delaware Chancery Court alleges the founders and directors of insurance brokerage startup Newfront Insurance Holdings Inc. breached fiduciary duties by forcing employee shareholders to accept inferior merger consideration and restrictive employment conditions in the company's $1.05 billion sale to Willis Towers Watson PLC.

  • June 25, 2026

    CoStar Customers Say Antitrust Suit Must Stay In DC

    Customers asked a D.C. federal court to reject CoStar's bid to transfer their proposed antitrust class action, which claims the company ran an anticompetitive scheme to protect its monopoly for commercial real estate information and property listing services.

  • June 25, 2026

    Fla. Panel Affirms Walmart Liability In Contractor Shock Injury

    A Florida appellate court affirmed a final judgment finding Walmart negligent for a service technician's shock-induced injury during the installation of an automatic door, ruling that an exception barred the retailer from asserting an independent contractor defense to avoid a duty owed to the worker.

  • June 25, 2026

    Customers 'Hoodwinked' By Wrong-Number Scam, ADT Says

    A company that specializes in call center sales is using wrong phone numbers to trick home security customers into switching providers, ADT Security Corp. says in a North Carolina federal lawsuit claiming the company has intentionally registered phone numbers one digit off from ADT's customer service line to engage in a predatory telemarketing scheme.

  • June 25, 2026

    Conn. Justices Say Local Rent Board Can Enter Eviction Fight

    The Connecticut Supreme Court on Thursday allowed a municipal fair rent commission to get involved in a landlord-tenant eviction action in state court, finding the local body clearly has an interest in advocating for its statutory right to adjudicate complaints and enforce its own orders.

  • June 25, 2026

    Ark. Farmers Say Crop Dusting Drones Crash And Burn

    A proposed class of farmers is suing the makers of the EAVision J100 agricultural spray drones in Arkansas federal court, saying despite being advertised as having lidar and collision-avoidance technology, the drones have been known to crash and catch fire, endangering farmworkers, crops and livestock.

  • June 25, 2026

    4th Circ. Says Supply Co.'s Foreign Member Kills Diversity

    The Fourth Circuit on Thursday declined to reinstate a medical supply company's contract dispute against a U.K. corporation over COVID-19 test kits, after finding that the lack of a U.S. citizen on the supply company's side destroys the court's diversity jurisdiction to hear the case.  

  • June 25, 2026

    EU Eyes Gatekeeper Rules For Amazon And Microsoft Clouds

    A preliminary investigation by European enforcers has found that Amazon and Microsoft should be designated as gatekeepers and subject to heightened rules under the Digital Markets Act for their cloud computing services, in addition to their other covered services.

  • June 25, 2026

    Zillow, Redfin Tell Court Their Partnership Is Not Illegal

    Property listing companies Zillow and Redfin urged a Virginia federal court not to presume that their $100 million partnership agreement, which is being challenged by the Federal Trade Commission and multiple states, is illegal before it holds an August trial for a consolidated antitrust suit.

  • June 25, 2026

    Del. Shields Kroger Lawyers' Brainstorming In Albertsons Suit

    The Delaware Chancery Court on Thursday denied Albertsons Cos. Inc.'s bid to force The Kroger Co. to submit additional internal law firm communications in litigation over the companies' failed $24.6 billion merger, ruling that Kroger's waiver of attorney-client privilege does not extend to lawyers' brainstorming that was never communicated to the client.

  • June 25, 2026

    Otter Tail's $30M Deal In PVC Price-Fix Case Gets Initial OK

    An Illinois federal judge has granted preliminary approval to a $30 million deal Otter Tail has inked to resolve certain plaintiffs' claims in litigation alleging that two of its subsidiaries conspired with other polyvinyl chloride pipe producers to fix prices.

  • June 24, 2026

    Ethical Wall Can't Cure Quinn Emanuel's Conflict, Judge Told

    An attorney for CoStar on Wednesday urged a California federal judge to disqualify Quinn Emanuel from representing a rival commercial real estate platform in their intellectual property dispute, saying the firm's ethical wall cannot fix the conflict of interest problem over its representation of a CoStar subsidiary in separate litigation.

  • June 24, 2026

    Texas Court Tosses Gateway Church Tithing Fraud Allegations

    A Texas federal judge has done away with a class action against an embattled Texas megachurch accusing the church's leadership of misappropriating tithe money, saying the doctrine of ecclesiastical abstention bars the court from deciding the issue. 

  • June 24, 2026

    Judge Keeps NRA's 'Unusual' Trademark Claims Alive

    A District of Columbia federal judge on Wednesday trimmed a case brought by the National Rifle Association against its own charitable arm, saying the record allows for trademark claims to proceed but that discovery may help her resolve such an "unusual" case.

  • June 24, 2026

    Delta Dental Says Wash. Antitrust Suit Echoes Faulty Claims

    Delta Dental of Washington said Tuesday an Evergreen State dentist targeting the dental insurer in a proposed antitrust class action has excluded its national affiliates from the case to "escape from a federal court's rejection of identical arguments" that the companies conspired to stifle insurer competition and suppress reimbursement rates.

  • June 24, 2026

    4th Circ. Says Cyber Co. Owes Nothing In Licensing Row

    The Fourth Circuit has said a Virginia federal court got it right the second time when dispensing with a long-running dispute between cybersecurity company Vir2us and a cloud-enabled cybersecurity firm that Vir2us says owes it royalties under a patent licensing deal.

  • June 24, 2026

    Fla. Panel Reverses Multiplied Atty Fee In Irma Coverage Row

    A Florida state appeals court on Wednesday affirmed the award of $389,362 in attorney fees for a firm that represented a homeowner in a Hurricane Irma coverage dispute, but found that a lower court unjustifiably multiplied the award to bring it up to roughly $1 million.

  • June 24, 2026

    Wholesalers Say Novo Can't Duck GLP-1 Antitrust Suits

    Drug buyers want a New York federal judge to preserve proposed class claims accusing Novo Nordisk of paying Teva to delay generic competition with its Victoza GLP-1 drug, arguing that whatever the underlying deal was, no generic version materialized when it could have.  

  • June 24, 2026

    Venue Operator Can't Avoid Fair Dealings Claims In Chancery

    The Delaware Chancery Court on Wednesday largely refused to dismiss a contract dispute between concessions provider Facilities Holdings LLC and venue operator ASM Global Parent LLC, finding it reasonably conceivable ASM Global secretly worked to derail contract extensions after being acquired.

Expert Analysis

  • 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.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • Assessing Material Adverse Event Clauses Amid Iran Conflict

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    As deals signed before the current Middle East conflict come under pressure, determinations over material adverse effect clauses are arising in real time, and whether an MAE has been wrongfully invoked may be as consequential as whether it was validly established in the first place, say Amran Nawaz and Ralph Stobwasser at Secretariat.

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