Commercial Contracts

  • September 21, 2026

    Anthropic Can't Shake Reddit's AI Content-Scraping Suit

    A San Francisco judge largely rejected Anthropic's bid to toss Reddit Inc.'s suit accusing it of improperly gathering user content to train its artificial intelligence products, finding that most of Reddit's allegations have extra elements exempting them from federal preemption.

  • September 21, 2026

    Crypto Co. Investor's 'Puzzle Pleading' Dooms Revenue Suit

    A Georgia federal judge has dismissed with prejudice a proposed class action alleging cryptocurrency technology company Bakkt Holdings Inc. and its executives misrepresented the stability of the company's crypto services revenue after it acquired a crypto platform, finding the complaint contains "puzzle pleading."

  • September 21, 2026

    Vape Co. Gets $304K Judgment Over Unpaid Order

    The Illinois-based owner of the Urb vape brand has secured a $300,000 judgment in Illinois federal court against a California company that ordered tens of thousands of empty vape devices but never paid for them, but it won't be getting attorney fees.

  • September 21, 2026

    QXO Unit Says Denver Developer Owes Unpaid Invoices

    A Colorado-based subsidiary of building materials company QXO accused a Denver residential developer and construction company in state court of owing money for materials that were provided under a credit application and sales agreement.

  • September 21, 2026

    Telecom Giants Seek Fees For 'Unprincipled' Asus Patent Suit

    AT&T, Verizon and T-Mobile asked a Texas federal judge on Monday for attorney fees after they defeated an infringement suit over wireless communications patents, accusing Asus Technology Licensing Inc. and the other plaintiffs of "an aggressive and unprincipled litigation campaign."

  • September 21, 2026

    Conn. Officials Fight Blame After Kids Eat THC Candy On Bus

    A Connecticut school district's leaders and its bus service denied liability for harm allegedly caused to two children who ate THC-laced candy from a backpack that was left on their school bus, telling a state court judge in a remote hearing Monday that they should win the parents' negligence suit.

  • September 21, 2026

    Deal Resolves Oil Pump Case After Final Albright Patent Trial

    Texas-based manufacturer UTEX Industries and GD Energy Products have told a Texas federal judge they've agreed to the dismissal of a suit where a jury found last month that GD Energy didn't infringe a patent covering a packing assembly for pumps used in the oil and gas industry.

  • September 21, 2026

    Lenders Say Baltimore Property Flips Fueled $10M Fraud

    Two wholesale asset-based mortgage lenders have accused a cadre of appraisers, title companies and real estate investors of passing off inflated appraisals on nearly 60 Baltimore homes and causing more than $10 million in loan losses.

  • September 21, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week dismissed a challenge to Alteryx Inc.'s $4.4 billion take-private sale, resolved a fight over the removal of a security technology company's director and declined to let Empery Digital Inc. immediately appeal a proxy contest ruling.

  • September 21, 2026

    Colo. Justices Uphold Ski Waiver Ruling Against Snowboarder

    A snowboarder released his claims against a ski resort and employee when he signed an online liability waiver to buy a season pass while his injury suit was still active, the Colorado Supreme Court ruled Monday, handing down a decision in a closely watched case for the state's ski industry.

  • September 21, 2026

    STB Denies Bid To Halt UP-Norfolk Southern Merger Review

    The Surface Transportation Board will press ahead with its review of Union Pacific's proposed $85 billion merger with Norfolk Southern, denying requests from rival railroads and major freight rail shipping customers seeking to have the board stop the deal in its tracks.

  • September 21, 2026

    $1.35M Class Deal Reached Over Botched Calif. Bar Exam

    Takers of the February 2025 California bar exam that was marred by technical failures have agreed to settle their proposed class action against the proctor for $1.35 million, while the company also agreed to complete quality checks before proctoring future bar examinations, according to a motion seeking preliminary approval in federal court.

  • September 21, 2026

    Willkie Hires Ex-Gibson Dunn Energy Pro In Paris

    Willkie Farr & Gallagher LLP has picked ex-Gibson Dunn & Crutcher LLP attorney Pauline Portos for an energy and infrastructure-focused partner role in its Paris office, the firm announced.

  • September 21, 2026

    NJ Firm Says Communications Off-Limits In Defamation Case

    Investigative firm Black Cube has pushed back against a gambling technology company's bid to vacate a special adjudicator's denial of discovery into certain communications between Black Cube and law firm Calcagni & Kanefsky LLP, arguing the bid doesn't satisfy the discovery standard under New Jersey's anti-SLAPP law.

  • September 21, 2026

    Insurer Beats Auto Parts Co.'s $50M COVID-19 Coverage Bid

    A North Carolina federal court permanently tossed an auto parts manufacturer's suit seeking $50 million in coverage for COVID-19 losses, saying the manufacturer failed to show that access to any of its insured facilities was limited due to the actual presence of a communicable disease.

  • September 21, 2026

    Crypto Firm, Ga. Investor Reach Deal To End Fraud Suit

    An investor has agreed to end her lawsuit accusing a Texas-based crypto investment company of letting her funds get caught up in a fraudulent scheme to funnel money to foreign countries, according to a filing in Georgia federal court.

  • September 21, 2026

    Clippers Tap BigLaw Vet To Fill In For Suspended Owner

    The Los Angeles Clippers on Monday named veteran corporate litigator John S. Gibson as the team's interim CEO and governor while team owner Steve Ballmer serves a one-year suspension for violating the NBA's salary cap rules.

  • September 21, 2026

    2nd Circ. Gives Ex-LVMH Atty A New Shot At Retaliation Case

    The Second Circuit on Monday reinstated retaliation claims brought by a former LVMH attorney who alleged that the French luxury brand fired her for reporting sexual misconduct, concluding that her refusal to engage in settlement discussions could constitute legally protected activity.

  • September 21, 2026

    Kraft Heinz Says Insurers Won't Cover Processed Food Suits

    Chubb units and Liberty Mutual are wrongfully refusing to cover Kraft Heinz's defense costs for several lawsuits blaming the food company's "ultra-processed foods" for consumers' diabetes or fatty liver disease diagnoses, costing the company millions of dollars, Kraft Heinz said in a Pennsylvania state court complaint.

  • September 18, 2026

    Lilly Left Nektar Drug 'Damaged Goods,' Jury Told At Trial End

    Eli Lilly & Co. turned Nektar Therapeutics' autoimmune-disease drug Rezpeg into "damaged goods" by breaching the companies' co-development deal and delaying the medication's development in favor of a competing drug the pharma giant subsequently acquired, Nektar's counsel told a California federal jury during closing arguments Friday in the $1 billion case.

  • September 18, 2026

    Cannabis Tech Co. Says Ex-Workers Stole IP For New Venture

    Cannabis marketing company Alpine IQ Inc. and its chief executive are countersuing two former employees, accusing them of stealing code to build a competing product and urging a federal judge not to let them avoid claims they infringed the company's copyright.

  • September 18, 2026

    Gerber Can't Trim Antitrust Claims Over Perrigo Factory Sale

    A New York federal court on Friday rejected Gerber's bid to trim a baby-formula packager's antitrust lawsuit against the Nestle-owned company, finding that the packager sufficiently alleged Gerber recently sold its infant-formula factory to Perrigo to entrench Perrigo's market power "at the expense of potential competitors."

  • September 18, 2026

    Gaming Record Label Sues Rival Over YouTube Takedowns

    Video-game music record label GameChops launched a lawsuit in Washington federal court Friday accusing a Washington-based competitor of a campaign to force it to accept "unjustified and unreasonable demands," primarily by flagging its YouTube videos for takedown based on fabricated copyright concerns.

  • September 18, 2026

    McGraw-Hill Can't Exit Authors' Textbook Royalty Suit

    A Manhattan federal judge has refused to grant publisher McGraw-Hill a win in litigation brought by textbook authors over book royalties, ruling that a reasonable jury could conclude there was a breach of a section of their publishing agreements.

  • September 18, 2026

    Texas Oil Exec Asks 5th Circ. To Ax 'Lopsided' $210M Verdict

    Exxon-acquired company InterOil's founder has urged the Fifth Circuit to reverse his $210 million loss in a lengthy Texas battle with a Swiss financier, arguing it resulted from a "lopsided" trial with sleeping and distracted jurors and a "cascading series of prejudicial errors" that wrongly allowed his ex-lawyer to testify.

Expert Analysis

  • A Framework For Volume Dispute Damages In Oil, Gas M&A

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    With every major upstream oil and gas consolidation in recent years having resulted in minimum volume commitment disputes, experts testifying in such litigation must use a five-step framework for calculating lost profits that accounts for the option structure embedded in the contract, says Robert Foss at Hinds Feat Advisors.

  • 8 Ways 2026's Market Divide Is Rewriting Real Estate Risk

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    As construction activity increasingly concentrates in data centers, healthcare and other resilient sectors, real estate developers and their counsel in the second half of 2026 should consider earlier risk allocation and more protective contract terms, and expect greater pressure on labor, pricing and infrastructure, say attorneys at Cozen O'Connor.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • As Quantum Computing Evolves, So Do Antitrust Risks

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    Amid quantum computing's increased strategic importance there are five potential antitrust fault lines that may arise not only between quantum developers, but also within and across the layers of the stack as the industry matures, say attorneys at Proskauer.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Examining 3 Notable DOL Moves In The First Half Of 2026

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    With the U.S. Department of Labor addressing independent contractor classification, joint employment and white collar exemptions so far this year, employers must understand this shifting landscape to ensure proper treatment of employees based on their classification and to mitigate enforcement risk, say attorneys at Conn Maciel.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Brief Iran Sanctions Pause Will Most Benefit Non-US Cos.

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    Due to its short duration, the Office of Foreign Assets Control’s recently issued general license easing Iran sanctions will mostly benefit companies with preexisting commercial relationships involving Iranian petroleum, and is unlikely to mitigate overcompliance and de-risking behavior by U.S. and foreign financial institutions, says Michelle Roberts at Berliner Corcoran.

  • Okla. Reforms Will Curb Oil, Gas Royalty Litigation Risk

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    Recent amendments to Oklahoma's Production Revenue Standards Act — the most comprehensive in decades — raise the stakes for true noncompliance with the state's oil and gas royalty payment framework, while offering operators clearer rules, defined interest boundaries and predictable exits from prolonged suspense situations, say attorneys at GableGotwals.

  • Tracking The Rare 'Quick Look' Win In FTC's Zillow-Redfin Suit

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    The Federal Trade Commission’s suit claiming that Zillow illegally paid Redfin to exit the apartment rental market is one to watch because its early success under the less rigorous “quick look” standard of antitrust review could turn into a rare case won under the doctrine, say attorneys at Axinn.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • A Lender's Guide To Fraud: Identifying Risks

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    The evolving lending landscape, particularly the private credit boom, has heightened lenders' exposure to fraud, but recent bankruptcies demonstrate where fraud risks most commonly materialize and how banks can mitigate exposure at the outset, say attorneys at Moore & Van Allen.

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