Commercial Contracts

  • August 20, 2026

    AmEx Waived Arbitration By Refusing Fees, 1st Circ. Says

    American Express forfeited its right to insist on arbitration in a proposed class action by merchants challenging the company's swipe-fee rules when it failed to pay its share of the arbitrator's fees, estimated to be $17 million, the First Circuit has ruled.

  • August 20, 2026

    Wood-Pellet Execs' $650M Bet Blamed For Bankruptcy

    The litigation trustee for wood-pellet producer Enviva Inc.'s Chapter 11 litigation trust has sued five former executives in the Delaware Chancery Court, accusing them of secretly committing the company to more than $650 million in high-priced pellet purchases to boost short-term earnings and their chances of receiving bonuses, ultimately helping drive Enviva into bankruptcy.

  • August 20, 2026

    Sports Card Seller, Dealer Settle Collapsed Buyout Suit

    A California trading card distributor and Michigan-based House of Hits Sports Cards on Thursday settled their dispute over a proposed six-figure buyout that fell through after House of Hits allegedly failed to render payment under the agreement.

  • August 20, 2026

    Aerospace Co. Ends 'Copycat' Trade Secrets Suit

    A Colorado state judge has dismissed a suit by an aerospace and defense manufacturer accusing its former business consultants of using confidential information to create a "copycat" rival.

  • August 19, 2026

    3rd Circ. Urged To Revisit Arbitration Doctrine In Award Fight

    An asset management firm required to pay about $11 million in administrative fees and interest has asked the Third Circuit to reconsider its opinion upholding a doctrine under which arbitrators are barred from revisiting their prior decisions, saying it conflicts with binding Third Circuit precedent.

  • August 19, 2026

    Snow Equipment Cos. Say Norwegian Co.'s Fraud Cost $100M

    A Colorado-based snow removal equipment company and its Canadian sister company told a state court that a Norwegian manufacturer sold more than $10 million worth of equipment that contained engines not compliant with U.S. Environmental Protection Agency requirements, causing more than $100 million in damages to the companies.

  • August 19, 2026

    Calif. Award Vacated After Arbitrator Attends Law Firm Event

    A California state judge has vacated an arbitration award issued to two real estate buyers in a breach of contract dispute with an investor, ruling that the JAMS arbitrator failed to disclose her participation in a public event sponsored by the law firm representing the buyers.

  • August 19, 2026

    FTC Asks Court To Keep Trans Health Suit In Texas

    The Federal Trade Commission has asked a Texas federal court to keep its suit against the World Professional Association for Transgender Health in the Lone Star State, saying that the organization incorporated there in 1980.

  • August 19, 2026

    Footprint Investors Sue In Del. Over $500M Financing Deal

    Early investors in Footprint International Holdco Inc. have sued the sustainable packaging company, its directors and several institutional investors in the Delaware Chancery Court, alleging that insiders used a $500 million financing round to seize control of the company and strip longtime Class A investors of valuable stockholder rights.

  • August 19, 2026

    Papa Johns Can't Avoid Arbitration In Fight With Franchisee

    A dispute between Papa John's International and a franchisee it accused of breaking his franchise agreement must be paused until an arbitrator decides whether the claims belong in arbitration, a Kentucky federal judge has ruled, delivering a blow to the pizza company trying to keep its claims in court.

  • August 19, 2026

    'Bob's Burgers' Actor Sues Lucid Over 'Lemon' SUV

    Comedian and "Bob's Burgers" star Eugene Mirman has sued California-based electric automaker Lucid in Massachusetts state court for leasing him a "lemon" last year.

  • August 19, 2026

    Fed. Circ. Rejects Patent Marking Immunity For NPEs

    Nonpracticing entities hoping for presuit damages can't get out of Patent Act requirements to mark products with patent information just because licensees don't believe their products infringe, the Federal Circuit held Wednesday.

  • August 19, 2026

    Google Beats Class Suit Over Free Workspace Promises

    Google has defeated a class action alleging it reneged on its promise to offer free access to its business-productivity tools, formerly known as Google Apps, with a California federal judge saying the contracts with users affirmatively authorized the company to stop offering a free version of the service. 

  • August 19, 2026

    Burlington Accused Of Requiring Work During Unpaid Breaks

    Three Burlington Coat Factory current and former employees hit the off-price retailer with proposed nationwide collective and class claims alleging workers were routinely required to perform unpaid work on purported meal breaks.

  • August 19, 2026

    Prison Phone Co. Says Techs Aren't Owed Public Works Pay

    A prison phone service provider told a New York federal judge that three field service technicians who installed and maintained telecommunications systems in hospitals and prisons did not agree to a "public works" contract and aren't guaranteed higher pay under state labor laws.

  • August 19, 2026

    Ex-Loeb & Loeb RE Pro Joins Greenberg Traurig In NYC

    Greenberg Traurig LLP has hired former Loeb & Loeb LLP real estate partner Brian L. Helweil as a shareholder for its global real estate practice team in New York City, the firm has announced.

  • August 18, 2026

    Amazon Shoppers' $309M Returns Class Deal Gets Initial OK

    A Washington federal judge gave a tentative green light Tuesday to a $309.5 million class action settlement to end allegations that Amazon shortchanged consumers on refunds for returned items, with the e-commerce giant pledging to improve its return policies to prevent future problems.  

  • August 18, 2026

    Video Gaming Arena Co. Seeks OK Of $7.7M Arbitral Award

    The operator of a chain of competitive video gaming arenas in the United Kingdom has asked a New York federal judge to enforce a $7.7 million arbitral award it won against a Delaware-based esports company and related subsidiary following a dispute over a collaboration deal.

  • August 18, 2026

    Ambulance Co. Says Insurers Failed To Settle Crash Claims

    A Pennsylvania ambulance service alleged in state court that its insurers refused to consider a settlement offer within its policy limits to resolve claims stemming from a fatal crash, exposing the company to a higher judgment after the crash victim's estate added punitive damages to the underlying case.

  • August 18, 2026

    Boeing Is Pressed For Financial Records In NASA IP Row

    Wilson Aerospace LLC asked a Washington federal judge to compel the Boeing Co. Inc. to turn over financial materials and other documents that have information relevant to their dispute over technology used in NASA's moon program.

  • August 18, 2026

    Construction Co. Says It Is Owed $4M On Hotel Project

    The design-builder on a Denver hotel and luxury apartment building told a Colorado state court Monday that the owner of the property is refusing to pay more than $4 million owed for work on the project, according to the complaint.

  • August 18, 2026

    5th Circ. Rejects Texas Water Case Against River Authority

    The Fifth Circuit refused Tuesday to revive a private water utility's antitrust case targeting Texas' San Jacinto River Authority contract fees designed to reduce groundwater use, concluding that the contract was not designed to fix prices.  

  • August 18, 2026

    Fla. Panel Undoes Fraud Finding In Pot Extract Machine Suit

    A Florida entrepreneur and engineer accused of failing to deliver on a marijuana extraction system known as the Green Machine will get an opportunity to convince a jury he's not on the hook for the device, a state appeals court ruled, saying a trial is needed to determine whether he is personally responsible.

  • August 18, 2026

    Ex-Meta Worker Says His EB-2 Letter Concerns Got Him Fired

    A former Meta Platforms Inc. product design manager sued the social media giant and his former supervisor in New Jersey federal court, claiming that he was fired after refusing to sign an immigration support letter for a colleague because he believed it contained inaccurate or unsupported facts.

  • August 18, 2026

    Texas Court Wipes Ex-GloriFi CEO's Claims Against Investor

    A Texas appellate court tossed counterclaims brought by the former CEO of defunct conservative fintech company GloriFi against an erstwhile investor, saying he failed to show the investor defamed him.

Expert Analysis

  • Evaluating Congressional Investigation Risk In Deal Diligence

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    Given the increasing frequency and sophistication of congressional investigations into corporate business practices, companies conducting transactional due diligence should add procedures to assess and mitigate the unique challenges and wide-ranging risks that can arise from Capitol Hill’s scrutiny, say attorneys at Covington.

  • E-Discovery Quarterly: Recent Rulings On ESI Control

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    Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

  • Calif. Truck Regs Now Require Multiple Compliance Strategies

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    California's various vehicle and truck emissions programs now move on different legal tracks, impose different obligations and create different business risks on different timelines — so companies that treat them as one package subject to a federal Clean Air Act waiver risk missing deadlines and mispricing contracts, says Thierry Montoya at FBT Gibbons.

  • Del. Ruling Shows Power Of Postclose Governance Provisions

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    After the Delaware Court of Chancery reinstated a target company's CEO as part of the equitable remedy in Fortis Advisors v. Krafton, deal parties should emphasize the importance of postclosing governance provisions to earnout economics, knowing that they will have to live with these provisions for the duration of the earnout period, say attorneys at Sidley.

  • A Data-Driven Guide For Navigating The 2026 Oil Price Shock

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    With the Iran war disrupting tanker traffic through the Strait of Hormuz, oil price volatility has soared, and this extreme price dislocation is likely to generate complex legal disputes — but companies can protect themselves by preserving every scrap of market data available, say Peter Niculescu and Leslie Rahl at Capital Market Risk Advisors.

  • 2 Discovery Rulings Break With Heppner On AI Privilege Issue

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    While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

  • Series

    Isshin-Ryu Karate Makes Me A Better Lawyer

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    My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

  • What FMC's Rejection Of War Surcharges Means For Shipping

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    The Federal Maritime Commission's rejection of multiple common carriers' requests last month to implement emergency shipping surcharges in response to conflict in the Mideast signals a decisive shift in the agency's regulatory posture toward stronger protections for shippers — with important implications for all supply chain participants, say attorneys at Husch Blackwell.

  • Getting To Know The Key Partners In Nuclear Power Projects

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    As more major technology companies and hyperscalers enter into energy offtake agreements with operators of existing, restarting and planned nuclear plants, it is essential that all stakeholders in such partnerships understand the roles and responsibilities of the key entities involved in a nuclear power project, say attorneys at Morgan Lewis.

  • Assessing EcoFactor's Impact On Damages Experts' Opinions

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    Though the Federal Circuit's ruling in EcoFactor v. Google gave rise to concerns that damages experts would be forced to rely on undisputed facts, recent case law suggests that those concerns are unwarranted, says Christopher Loh at Venable.

  • Insights From OppFi Suit On Building Calif. Bank Partnerships

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    A California state judge’s tentative ruling, walking through business evidence that Utah bank FinWise was not a “rent-a-bank” that fintech firm Opportunity Financial used as a front to dodge interest rate caps on in-state lenders, offers a helpful road map for structuring legally compliant bank-fintech partnerships under California law, say attorneys at Manatt.

  • Keys To Building Defensible Psychedelic Therapy Programs

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    Given the rapidly evolving legal environment for psychedelic therapies and heightened liability and compliance risks facing providers, meticulous documentation, robust risk management protocols, and proactive engagement with professional organizations and insurers are essential strategies, say Kimberly Chew at Husch Blackwell and L. Alison McInnes at Mindful Health Solutions.

  • Defense Contractor Tips For Commercial Solutions Openings

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    Defense contractors interested in participating in the Army’s recently announced commercial solutions opening should familiarize themselves with the process, which promotes flexibility but requires prudence in preparing proposals, negotiating award terms, and crafting supporting documents such as teaming agreements and subcontracts, say attorneys at Holland & Knight.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • Steps To Maintain War Insurance Amid Middle East Conflict

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    To ensure they are adequately protected from war-related risk, companies affected by the escalating conflict in the Persian Gulf should consider how their war insurance coverage interacts with financing structures, lease obligations and commercial risk allocation, say attorneys at Morgan Lewis.

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