Commercial Contracts

  • September 22, 2026

    Bad Recordkeeping Kills City's Railroad Indemnity Defense

    A Missouri city must cover financial damages Norfolk Southern suffered when it settled lawsuits stemming from a train crash that killed one city worker and injured another, a federal judge ruled, slamming the city's shoddy recordkeeping and the unreliable testimony of its official.

  • September 22, 2026

    Uber, Lyft Asked To Explain Duty To Drivers In Ohio Injury Suit

    Uber, Lyft and a man who blames them for his injuries when one of their drivers rear-ended him have been asked by an Ohio federal judge to explain whether the companies are the legal proximate cause of his injuries.

  • September 22, 2026

    Tyra Banks Says Netflix Misquoted Her Pact Like It Edited Doc

    Tyra Banks has told a California federal court that Netflix and the producers of an "America's Next Top Model" docuseries used the same misleading tactic in their dismissal motion that they allegedly used onscreen: removing key material from the middle of statements to change their meaning.

  • September 22, 2026

    DraftKings Beats Class Action Over Voided NBA Game Bets

    An Indiana federal judge Tuesday tossed a lawsuit from a certified class of 99 bettors accusing DraftKings of canceling their successful wagers on an NBA game, saying the online sports betting giant wasn't in the wrong when it canceled the class representative's bet the day after a Lakers-Nuggets game.

  • September 22, 2026

    Christmas Tree Co. Must Face Claims Over Deal with Amazon

    The Eleventh Circuit has revived an antitrust claim alleging National Christmas Products entered into agreements with Amazon in 2020 that inflated the prices of artificial Christmas trees.

  • September 22, 2026

    Yale, Biohaven Seek $23M Atty Fee After Trade Secrets Win

    Yale University and Biohaven Therapeutics Ltd. have requested attorney fees topping $23.1 million, plus $2 million each in exemplary damages, after winning a $4 million trial verdict, though both entities are also seeking a new trial to readdress damages on trade secrets and contract breach claims.

  • September 22, 2026

    Flyers Tell 9th Circ. Alaska-Hawaiian Merger Eroding Service

    Airline customers have told the Ninth Circuit that Alaska Airlines' 2024 acquisition of Hawaiian Airlines eroded consumer choice on numerous routes, and that a district court improperly dismissed their antitrust lawsuit with premature and flawed findings that cannot be allowed to stand.

  • September 22, 2026

    Flyer Says Justices Must Hear CrowdStrike Tech-Outage Suit

    An airline passenger is asking the U.S. Supreme Court to hear his proposed class action against CrowdStrike Inc. over expenses and injuries resulting from a 2024 tech outage, saying the justices need to resolve a widening circuit split on the scope of the Airline Deregulation Act.

  • September 22, 2026

    Ga. Justices Mull Reviving Injury Firm Client Solicitation Suit

    Georgia's justices pressed a personal injury law firm Tuesday on whether an attorney's racketeering case accusing it of using confidential crash reports to land clients was rightly dismissed, hinting that the lower courts might have held the claims to too high a bar.

  • September 22, 2026

    Salt-N-Pepa Copyright Bid May Get New Life From 2nd Circ.

    A Second Circuit judge said Tuesday the New York federal judge who quickly dismissed Salt-N-Pepa's bid to reclaim music copyrights from Universal Music Group's UMG Recordings "was incorrect" to dismiss the hip-hop duo's lawsuit for at least two albums.

  • September 22, 2026

    No Play For NCAA Athletes Challenging Eligibility Rule

    A Philadelphia judge has denied a request by 15 college athletes who graduated from high school in 2022 for an order allowing them to participate in college sports while they challenge their exclusion from a new NCAA rule granting five years of eligibility for competition.

  • September 22, 2026

    Womble Bond Can't Quit Dutch Client With TM Trial Looming

    Womble Bond Dickinson can't withdraw from a trademark feud that's dragged on for more than five years between U.S. and Dutch software companies, a North Carolina federal judge ruled, saying the firm's exit at this late stage "would be completely disruptive."

  • September 22, 2026

    HVAC Contractor Accused Of $8M 'Mass Save' Rebate Fraud

    A group of utility companies that participate in a Massachusetts energy-efficiency incentive program have alleged in state court that an HVAC contractor defrauded the program out of around $8 million through various schemes, including claiming rebates for heat pumps that were never installed.

  • September 22, 2026

    Judge Sinks Patent Judgments Against Chilisin In Cyntec Suit

    A California federal judge has nullified judgments against Chilisin Electronics Corp. in a patent case from Cyntec Co. over Cyntec's failure to disclose an agreement to license a pair of its patents to Apple, while also agreeing to sanction Cyntec's counsel.

  • September 21, 2026

    Nielsen Faced Potential Fine Of $50K Per Day In Tying Case

    If the Second Circuit hadn't stepped in and paused a New York federal court order commanding Nielsen Co. to provide its national ratings data separate from its local offerings, the company would have racked up $50,000 a day in sanctions if it did not comply.

  • 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.

Expert Analysis

  • Foot Locker Fine Illustrates SEC's Whistleblower Priorities

    Author Photo

    The U.S. Securities and Exchange Commission's recent fining of Foot Locker for its separation agreements is a reminder that the commission remains serious about maintaining open channels for reporting whistleblower concerns and that provisions can violate Rule 21F-17(a) without specifically barring communications with the SEC, says Jonathan Richman at Brown Rudnick.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

    Author Photo

    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • Del. Chancery Has Signaled Decreased Use Of Its Blue Pencil

    Author Photo

    The Delaware Chancery Court's decision in BluSky Restoration Contractors v. Robbins not to enforce or rewrite overbroad language, known as blue-penciling, in key covenants shows that the sale of a business context no longer insulates these restrictive measures from judicial scrutiny, affecting transactions and litigation, says Aylin Daldal at Kleinbard.

  • Series

    Competing At Poker Makes Me A Better Lawyer

    Author Photo

    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

    Author Photo

    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • 2 'Rocket Dockets' And The Rules That Propel Them

    Author Photo

    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • AI Practices To Protect Trade Secrets Amid Unstable Case Law

    Author Photo

    Amid recent diverging district court approaches to whether inputting proprietary information into artificial intelligence tools could constitute a failure to take reasonable measures to safeguard secrets, trade secret owners must adapt their confidentiality practices to keep trade secrets secure, says Fitz Collings at MoFo.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

    Author Photo

    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Key Legal Considerations For Data Center Battery Storage

    Author Photo

    Battery energy storage systems have become essential infrastructure for data center development — but as trade, energy and tax policies continue to shift, companies operating in this space must understand the importance of supply chain requirements and industry-tailored contracts, says RJ Colwell at Davis Graham.

  • Your Next Litigation Hold Should Cover AI Chat Logs

    Author Photo

    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Musk-OpenAI Verdict Shows Value Of Early-Stage Governance

    Author Photo

    A California federal court's ruling last week in Musk v. Altman preserves the status quo at OpenAI, but signals to the technology industry at large that courts will not relitigate the governance decisions of early-stage organizations on a founder's competitive timetable, surfacing questions that will outlast the litigation, says attorney Alan N. Walter.

  • Finding Borrower Risk In The Private Credit Covenant Mix

    Author Photo

    Amid rising caution over private credit defaults, investors and their counsel can gain key insights about borrower risk from the particular combination of financial metrics included in a loan's covenants, not just the number of covenants, say Christopher Armstrong at Stanford University, and Carlo Gallimberti and David Tsui at Analysis Group.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

    Author Photo

    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • NIL Contracts Test Limits On College Football Transfers

    Author Photo

    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

    Author Photo

    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.

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.