Commercial Contracts

  • April 17, 2026

    Fed. Circ. Reverses $18M Penile Implant Trade Secret Win

    In a unanimous precedential decision, the Federal Circuit on Friday largely reversed a California jury's $18.3 million trade secret verdict over a penile implant, holding that the asserted secrets were already publicly disclosed or generally known and therefore not protectable.

  • April 16, 2026

    Texas Biz Court Questions Scope Of Oil Terminal Judgment

    A Texas business court judge on Thursday contemplated how to interpret deals tied to a proposed oil export terminal, with one investor's requested declaratory and injunctive relief disputed by three defendants.

  • April 16, 2026

    Ex-ByteDance Exec Fights Perjury Sanction At 9th Circ.

    A former ByteDance executive urged the Ninth Circuit Thursday to revive a suit he filed against the TikTok owner after he was fired, saying the case should've been heard in state court and a federal judge had no jurisdiction to order terminating sanctions after finding he perjured himself.

  • April 16, 2026

    San Diego Alleges Fire Truck-Makers Attempted Monopoly

    San Diego has alleged in a federal lawsuit that fire truck manufacturers REV Group and Oshkosh Corp., along with private equity firm American Industrial Partners, orchestrated an anticompetitive scheme to consolidate the market and charge municipalities across the nation inflated prices.

  • April 16, 2026

    OpenAI, Musk OK With Bifurcated Trial And Advisory Jury

    Elon Musk, OpenAI and Microsoft agreed Thursday to a California federal judge's proposal to bifurcate the trial's liability phase from the remedies phase in a case challenging the artificial intelligence company's conversion to a for-profit entity, and that the jury for the liability phase should serve on an advisory basis.

  • April 16, 2026

    Vineyard Wind Seeks Order For GE To Finish Offshore Project

    An attorney for Vineyard Wind urged a Boston judge on Thursday to force a GE Vernova subsidiary to finish work on a massive offshore wind project off the coast of Massachusetts, saying only GE can do the work that would bring the wind farm to full power.

  • April 16, 2026

    Lemonade To Pay $10.5M In Driver's License Data Breach Suit

    Lemonade will pay $10.5 million to settle with a proposed class of over 190,000 individuals who said the tech-forward insurer's online quote platform negligently disclosed their drivers' license numbers to cybercriminals, according to a preliminary approval motion filed Wednesday in New York federal court. 

  • April 16, 2026

    Timeshare Exit Patrons Nab Reversal In Coverage Denial Row

    A Washington federal judge held she made a "mistake" when she rejected arguments that an insurer acted in bad faith by declining to defend a now-defunct timeshare exit company from a consumer protection class action that yielded a $630 million deal.

  • April 16, 2026

    AGs' Win Over Live Nation Leaves DOJ Watching From The Side

    Live Nation Entertainment Inc.'s across-the-board trial rout by 34 state attorneys general underscores the ascendancy of state antitrust enforcers looking to fill perceived enforcement gaps left by the U.S. Department of Justice during President Donald Trump's second term.

  • April 16, 2026

    Capital One Hit With Class Action Over Canceled Rewards

    Capital One has been hit with a proposed class action in Virginia federal court accusing it of unlawfully canceling billions of dollars in earned credit card rewards by unilaterally closing customers' accounts without cause.

  • April 16, 2026

    6th Circ. Asks Retirees To Answer Mortality Data Suit Redo Bid

    The Sixth Circuit on Thursday asked participants in Kellogg and FedEx pension plans to respond to the companies' bids for reconsideration of the court's decision to revive their lawsuits alleging benefits were miscalculated because the plans used outdated mortality data.

  • April 16, 2026

    Delivery Co. Says Claim Errors Raised Auto Policy By $500K

    An Amazon delivery service provider told a Connecticut state court that two claims management services administrators inaccurately reported the provider was at fault for a collision that resulted in a $200,000 payout, causing its auto policy premiums to increase by more than $500,000 a year.

  • April 16, 2026

    Fla. Panel Upholds Ex-Worker's Postclaim Arbitration Deal

    A Florida state appellate panel on Wednesday barred a woman from pursuing sexual discrimination allegations against her former employer in court, saying she agreed to arbitrate her claims in a settlement that followed her initial U.S. Equal Employment Opportunity Commission charge. 

  • April 16, 2026

    Mich. Insurance Co. Says Ex-Brokers Violated Noncompetes

    A Grand Rapids-based insurance and financial services company has sued two of its former California employees, accusing them of jumping to a direct competitor in violation of noncompete and nonsolicitation agreements tied to multimillion-dollar deals in which they sold their insurance businesses to the company. 

  • April 16, 2026

    5th Circ. Axes Southwest Customers' 737 Max Overcharge Suit

    The Fifth Circuit on Thursday shut down proposed class claims alleging Southwest Airlines overcharged consumers for riskier flights on Boeing 737 Max 8 jets, saying the consumers' alleged economic injury theory was implausible and that they lacked standing to sue.

  • April 16, 2026

    Power Plant Contractor Seeks To Enforce $20M Iraq Award

    A Lebanese company asked a Washington, D.C., federal judge to confirm and enforce a $20 million arbitral award, plus interest, it secured against Iraq after it was cut out of a deal for a power plant project in Baghdad.

  • April 16, 2026

    Equity Residential Cuts $56M Deal In RealPage MDL

    A Chicago-based real estate investment trust has reached a $56 million settlement in a sprawling, multidistrict antitrust class action that claims the REIT and multiple landlords used property management software company RealPage Inc.'s revenue management software for rent price-fixing.

  • April 16, 2026

    Del. Rejects Fiduciary Claim Over Competing Opioid Clinic

    The Delaware Chancery Court on Thursday largely rejected a healthcare company's claims that a former executive unlawfully competed against it by launching a nearby opioid treatment clinic, finding only a narrow breach of fiduciary duty and awarding just over $1,600 in damages.

  • April 16, 2026

    Michigan City, Police Brass Hit With Retaliation Claims

    Two decorated former Wyandotte police officers who say they were punished for speaking out about abusive policing practices that include excessive force and falsified reports, are suing the city and its current and prior police chiefs in Michigan federal court, alleging their rights to free speech were violated.

  • April 16, 2026

    Pa. Bakery Blasts Insurer Over Denied Collapse Coverage

    A Pittsburgh-area bakery told a Pennsylvania state court its insurer denied coverage for a collapsed fire escape without ever inspecting the property.

  • April 16, 2026

    11th Circ. Says Co. Owes $80M In I-4 Joint Venture Row

    The Eleventh Circuit on Wednesday affirmed an $80 million judgment against The Lane Construction Corp. after finding its joint venture partner, Skanska USA Civil Southeast Inc., acted in the best interests of the venture when it refused Lane's calls to back out of a $2.3 billion central Florida highway project.

  • April 16, 2026

    Dems Call On Watchdog To Probe DOJ Antitrust Work

    A group of Democratic federal lawmakers this week called on the U.S. Department of Justice's acting inspector general to investigate the possibility that lobbying has led to misconduct in the department's antitrust work, including the DOJ's recent surprise settlement with event ticketing giant Live Nation.

  • April 16, 2026

    Fed. Circ. Snubs Early Appeal In Camera Tech Patent Feud

    The Federal Circuit on Thursday denied U.S. Navy contractor FullView Inc.'s request to appeal a California federal judge's invalidation of claims in its camera technology patent for not meeting eligibility requirements and the exclusion of a damages expert's testimony in litigation against HP unit Polycom.

  • April 16, 2026

    Colo. Fire District Hits Manufacturers With Price-Fixing Suit

    The nation's largest fire truck manufacturers and an industry trade group conspired to restrict supply and inflate prices, forcing municipalities to pay millions more for emergency equipment, a Colorado fire protection district alleged in a proposed class action filed in federal court.

  • April 15, 2026

    Larry King's Estate Says Supplement Co. Still Using His Name

    Larry King's estate sued operators of a prostate health supplement company in California state court Wednesday, alleging they continued using his name and likeness to advertise their product even after striking a legal settlement agreeing to stop.

Expert Analysis

  • How Workforce, Tech Will Affect 2026 Construction Landscape

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    As the construction industry's center of gravity shifts from traditional commercial work to infrastructure, energy, industrial and data-hosting facilities, the effects of evolving technology and persistent labor shortages are reshaping real estate dealmaking, immigration policy debates and government contracting risk, say attorneys at Cozen O'Connor.

  • Contract Disputes Recap: Delay, Plain Text, Sovereign Acts

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    Three recent decisions addressing familiar pressure points show that even well-worn doctrines evolve, and both contractors and the government should reexamine their assumptions, says Zachary Jacobson at Seyfarth.

  • Opinion

    A Uniform Federal Rule Would Curb Gen AI Missteps In Court

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    To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.

  • Series

    The Law Firm Merger Diaries: Integrating Practice Groups

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    Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.

  • Opinion

    Supreme Court Term Limits Would Carry Hidden Risk

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    While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

  • Series

    Knitting Makes Me A Better Lawyer

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    Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.

  • The Hidden Pitfalls Of Letters Of Credit In Lease Negotiations

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    Amid a surge in commercial office leasing driven by artificial intelligence firms, it's crucial for landlords to be aware of the potential downside of accepting letters of credit — in particular, for amounts of security that are less than the statutory bankruptcy claim cap, say attorneys at Allen Matkins.

  • Series

    The Biz Court Digest: Welcome To Miami

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    After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

  • What Law Firm Liability Risks In 2025 Signal For Year To Come

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    Trends and statistics reveal that law firms of all sizes and practice areas remained attractive litigation targets this year, so firms must take concrete steps to avoid professional liability risks in the year to come, say Douglas Richmond and Andrew Ricke at Lockton Companies.

  • 1st-Of-Its-Kind NIL Claim Raises Liability Coverage Questions

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    The University of Georgia Athletic Association recently sought to compel arbitration against former UGA football player Damon Wilson in a first-of-its-kind legal action for breach of a name, image and likeness contract, highlighting questions around student-athlete employment classification and professional liability insurance coverage, says Sarah Abrams at Baleen Specialty.

  • AI Evidence Rule Tweaks Encourage Judicial Guardrails

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    Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

  • Where Things Stand At The CFPB As Funding Dries Up

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    The Consumer Financial Protection Bureau is on pace to run out of funding in the new year, threatening current and future rulemaking efforts, but a rapid series of recent actions still carries significant implications for regulated entities and warrants careful monitoring in the remaining weeks of the year, say attorneys at Brownstein Hyatt.

  • Series

    The Law Firm Merger Diaries: Getting The Message Across

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    Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.

  • Opinion

    Horizontal Stare Decisis Should Not Be Casually Discarded

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    Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

  • 10 Commandments For Agentic AI Tools In The Legal Industry

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    Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.

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