Commercial Contracts

  • October 22, 2026

    IRS Says Tax Court Lacks Jurisdiction In Late-Filed Case

    The U.S. Tax Court erred by finding it has jurisdiction in a partnership case that missed the 90-day window for filing its petition, the IRS said, arguing that relevant language in 2015 legislation is identical to that in prior legislation that mandated dismissing a similar case.

  • October 22, 2026

    NJ Panel Lets Nursing Home Arbitrate Resident Death Suit

    A New Jersey state appeals court on Thursday declined to disturb an order forcing a widow to arbitrate medical negligence and wrongful death claims against a nursing home, agreeing it didn't waive its right to arbitration by participating in litigation for over a year.

  • October 22, 2026

    Fla. Justices Say Presuit Notice Requirement Isn't Retroactive

    A Florida statute requiring policyholders to notify state regulators before filing suit against an insurer does not apply retroactively to policies purchased before the law went into effect, the Florida Supreme Court ruled Thursday.

  • October 22, 2026

    Texas Judge Finds Treasure Hunter Entitled To Booty

    A Texas federal judge found that a benefactor who helped fund an expedition to recover Spanish treasure in the Caribbean wrongly stole a treasure hunter's share of the loot, sinking the financial backer's attempt to hold on to all the retrieved artifacts.

  • October 22, 2026

    Transpo Tracker: CH Robinson Verdict, Tesla Class Action

    In our latest Law360 Transportation Tracker, a Dallas County judge confirmed a blockbuster $604 million verdict against freight broker C.H. Robinson, while the Ninth Circuit dismantled a certified class action accusing Tesla of misleading consumers about its cars' self-driving capabilities.

  • October 22, 2026

    Driving Boat To Oilfield Isn't Maritime Work, 5th Circ. Says

    Using a boat to transport workers to oil platforms off the Louisiana coast does not make a labor supplier and oil producer's services agreement a maritime contract with an enforceable indemnity provision, a Fifth Circuit panel said in finding the producer does not have to indemnify the supplier.

  • October 22, 2026

    2 Ex-Siemens VPs Claim Layoff Targeted Older Execs

    Two former vice presidents for Siemens Financial Services Inc. alleged in New Jersey state court that the company used a May 2026 reduction in force as pretext to get rid of older employees and those with serious medical conditions in violation of the state's discrimination law.

  • October 22, 2026

    Conn. Firm Botched Suit Over Keith Haring Art, Ex-Client Says

    Shuttered Connecticut law firm Whitman Breed Abbott & Morgan LLC and one of its former attorneys have been accused of professional negligence by a client being asked to pay $805,000 in legal fees to a gallery he sued in 2023 for allegedly selling a poorly documented Keith Haring drawing.

  • October 22, 2026

    JPMorgan, Ex-Frank Execs Clash Over $2.1M In Legal Fees

    JPMorgan Chase & Co. faced renewed demands in the Delaware Chancery Court on Thursday to pay about $2.1 million in withheld legal fees for convicted Frank founder Charlie Javice and former executive Olivier Amar, as their lawyers accused the bank of using repeated billing objections to delay funding for their criminal defenses.

  • October 22, 2026

    Notice Flaws Sink Malawi Bid To Enforce $8.6M Award

    A New Jersey federal judge refused to confirm an $8.6 million arbitral award a Malawi telecommunications regulator secured against Precisely Software Inc. after finding that it failed to do enough to notify the U.S. company of the arbitration proceedings.

  • October 22, 2026

    Pa. AG Settles Long-Running Plumbing Co. Deception Suit

    Pittsburgh-area plumbing company Gillece Services will document its inspections, allow customers to get second opinions, and pay $750,000 in restitution and costs to settle a long-running lawsuit from the Pennsylvania Attorney General's Office over allegedly pressuring customers into unnecessary and expensive repairs, the office announced Thursday.

  • October 21, 2026

    Iran Money Trail Takes Center Stage At Huawei's RICO Trial

    The federal jury in Brooklyn weighing Huawei's fate for days heard testimony about the money trail, or lack thereof, from the company's purported Iranian unit and the Chinese telecommunications giant's U.S. payroll, as one of its defenses in the sanctions and trade secret theft trial began to take shape.

  • October 21, 2026

    Keurig Judge Aims Trimmed K-Cup Antitrust MDL Toward Trial

    A New York federal judge trimmed claims in multidistrict litigation accusing Keurig Green Mountain of anticompetitively cutting out rivals with exclusive dealings and exclusionary product design, but sent to trial a number of monopolization, tying and false advertising allegations, according to an order unsealed Tuesday.

  • October 21, 2026

    Snap Financial Reaches $664M Settlement With Red States

    Consumer financial services company Snap Financial on Wednesday agreed to pay $664 million to 17 Republican-led states to end claims that it used misleading disclosures about its leasing arrangements.

  • October 21, 2026

    SEC Nabs Ruling Against Man Behind Hotel Investment Fraud

    A California federal judge granted the U.S. Securities and Exchange Commission a summary judgment win Wednesday in the commission's suit accusing a Los Angeles businessman of running two securities fraud schemes involving investments in U.S.-based hotels, saying it was clear the co-founder made material false statements to investors.

  • October 21, 2026

    Anthropic's Lyric 'Mash Up' May Be Fair Use, Judge Says

    A California federal judge Wednesday appeared open to Anthropic's defense that using copyrighted song lyrics to train Claude AI is fair use, saying during a daylong hearing that "mash-up" lyrics produced by AI might constitute fair use while also questioning how to "slice and dice" the case's scope.

  • October 21, 2026

    2022 College Athletes Say NCAA Rehashes Failed Arguments

    A group of Division II and Division III athletes asked a Colorado federal judge Tuesday to not toss their proposed class action against the NCAA seeking a fifth season of competition eligibility, arguing the college sports governing body rehashed arguments that were already rejected in a different case in its motion to dismiss.

  • October 21, 2026

    Stiiizy Affiliate Sues Over Cannabis Shop Control

    A Stiiizy-affiliated investment company is asking a Los Angeles state court to declare it owes nothing to a minority owner of a San Francisco dispensary that finds itself in the red, according to a lawsuit that also accuses him of engaging in a power grab that could jeopardize the shop's cannabis license.

  • October 21, 2026

    NC Panel Affirms $10 Nominal Damages In Insurance Fight

    A split North Carolina appellate panel Wednesday affirmed $10 in nominal damages to a receiver in an insurance dispute, agreeing with a lower court that the receiver for a driver named in an injury suit did not show the driver suffered additional actual damages from the insurer's failure to defend.

  • October 21, 2026

    Verisk Denies Fault For Canceled $2.35B AccuLynx Deal

    Verisk Analytics Inc. urged the Delaware Supreme Court on Wednesday to let it abandon its $2.35 billion acquisition of roofing software company AccuLynx, arguing a lower court wrongly blamed it for federal antitrust delays, while AccuLynx insisted the company must keep working to close the deal.

  • October 21, 2026

    Target Is 'Healthwashing' Electrolyte Drink Powder, Suit Says

    Target is accused of "healthwashing" its Up & Up brand electrolyte drink powder supplement mix by labeling it as though it's sugar-free, despite the presence of allulose, an ingredient the Seventh Circuit recently confirmed is a sugar, according to a proposed class action filed Tuesday in Illinois federal court.

  • October 21, 2026

    X Says OpenAI Can't Nix IPhone Placement Antitrust Case

    X Corp. and SpaceXAI urged a Texas federal judge Wednesday not to let OpenAI scrap their lawsuit targeting a deal integrating ChatGPT into Apple devices, arguing any attempts to paint the deal as nonexclusive or show it hasn't completely foreclosed the market are factual disputes left to the jury.

  • October 21, 2026

    Data Center Co. Looks To Toss Investors' Gas Wells Suit

    A data center infrastructure company told a Texas federal court to toss a proposed securities fraud class action that accused the company of damaging its stock value because of a hidden gas well transfer deal and a fraud lawsuit filed by New Mexico.

  • October 21, 2026

    Fund Manager Challenges Chancery's Congo Palm Oil Ruling

    An investment fund manager and three affiliated entities urged the Delaware Supreme Court Wednesday to overturn a ruling that stripped them of interests in a Congolese palm oil business, arguing it handed fellow investor Kuramo Capital Management LLC an enormous windfall, while Kuramo defended the unusual remedy as necessary to protect its investment from the manager's misconduct.

  • October 21, 2026

    Ex-Holtec CFO Wins $2.1M Verdict On Whistleblower Claim

    A New Jersey state jury on Wednesday found that nuclear services company Holtec International violated the state's whistleblower law when it fired its chief financial officer days after he objected to what he believed were false and misleading statements in a document meant for a potential investor, awarding him $2.1 million in economic damages.

Expert Analysis

  • Tariff Refunds May Reshape Loan Covenant Calculations

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    Tariff refunds issued after the U.S. Supreme Court's Learning Resources decision may complicate borrowers' covenant calculations depending on accounting treatment, the timing of recognition, customer reimbursement obligations and credit agreement language, say attorneys at Mayer Brown.

  • NY Defamation Carveout Hinges On Causation, Not Labels

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    A New York federal court's decisions in two cases involving tortious interference claims, and the recent Second Circuit ruling in Satanic Temple v. Newsweek Digital, highlight that the dispositive question for alleged defamation is whether injury flows through reputation or through direct interference with a relationship, says attorney Andrea Natale.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • 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.

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