Commercial Contracts

  • October 19, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week blocked Cloudflare Inc. from completing a restructuring meant to preserve its founders' voting control, while Tower Semiconductor Ltd. accused Intel Corp. of backing out of a semiconductor manufacturing agreement and social media company Triller Group Inc. challenged its removal from Nasdaq.

  • October 19, 2026

    NJ Panel Urged To Apply Bias Law To Commercial Tenants

    A clothing boutique owner urged a New Jersey appellate court Monday to revive her sexual harassment claim against her landlord, arguing that the state's discrimination law applies to commercial tenancies.

  • October 19, 2026

    BofA Sued After $1.2B Fine For AML Compliance Gaps

    After the U.S. Department of the Treasury fined it $1.2 billion for anti-money laundering and financial-crime compliance system failures, Bank of America is facing two class actions asserting similar claims, including that it failed to monitor more than $5 billion in suspicious transactions.

  • October 19, 2026

    Paul Hastings Adds 3 Litigators In Calif. From Sheppard Mullin

    Paul Hastings LLP announced Monday that it has added three partners in California from Sheppard Mullin Richter & Hampton LLP to bolster its litigation practice and capacity to handle consumer class actions and other matters.

  • October 19, 2026

    5th Circ. Says Texas Can Block China-Linked Energy Deal

    The Fifth Circuit has affirmed an order dismissing a suit from the subsidiary of a Chinese company over the blockage of its investment into Texas energy grid assets, finding that federal regulations don't preempt a state law blocking energy investments by China and other countries.

  • October 19, 2026

    Canada Gov't Cuts Data Access Deal With Brokers Association

    Canada's antitrust authority and the Quebec Professional Association of Real Estate Brokers have entered into a 10-year consent agreement that resolves the government's claims against the nonprofit, which the authority accused of wrongfully restricting its members' access to real estate data.

  • October 19, 2026

    4 Justices Sit Out Appeal, Leaving Copyright Ruling Intact

    The U.S. Supreme Court on Monday left intact a far-reaching Fifth Circuit ruling holding that U.S. copyright termination can recapture foreign rights conveyed in a worldwide grant, not by denying an appeal from major music publishers, but because four justices sat out and left the court without enough members to hear the case.

  • October 16, 2026

    Texas Court Revives REIT's Claims Over Short Seller Article

    A Texas appellate court has partially revived a suit by a farmland-centered real estate investment trust against a Texas hedge fund that allegedly helped pen a defamatory article while short selling the REIT, saying the REIT pled valid business disparagement claims.

  • October 16, 2026

    Wells Fargo Beats Ex-CEO's $34M Back-Pay Lawsuit

    Wells Fargo prevailed in a California state court battle with its former CEO Timothy Sloan over roughly $34 million in compensation he has accused it of wrongfully withholding after his 2019 departure from the bank amid intense public scrutiny of its compliance record.

  • October 16, 2026

    NORML Urges 6th Circ. To Reconsider Pot Illegality Ruling

    The National Organization for the Reform of Marijuana Laws, a leading cannabis consumer advocate, is urging the Sixth Circuit to rehear its decision throwing out a $31.8 million jury verdict for a Michigan marijuana grower, arguing federal illegality should not categorically bar contract damages against a cannabis purchaser that breached a supply deal.

  • October 16, 2026

    Whataburger Can't Arbitrate Ex-Worker's Sex Assault Suit

    A Texas appellate court has declined to send a former Whataburger employee's lawsuit to arbitration, finding that the allegations of unwanted sexual touching trigger a federal law that bars arbitration of sexual assault and sexual harassment claims.

  • October 16, 2026

    Nasdaq Sued Over Delisting Of Social Media Co.

    A social media company that has pitched itself as an alternative to TikTok has sued Nasdaq in Delaware Chancery Court, asking the court to relist its shares while it fights what it says was an "arbitrary and capricious" decision to boot the company off the exchange.

  • October 16, 2026

    CFPB Looks To Collect $144M In CashCall Bank Row

    The Consumer Financial Protection Bureau has asked a California federal judge to order Merchants Bank of Indiana to hand over $144 million in collateral it has held for lender CashCall, arguing the bank acted in bad faith by delaying enforcement of the judgment against CashCall by retaining the funds.

  • October 16, 2026

    Investment Co. Can't Exit Laos $5M Casino Award Fight

    A federal judge has refused to dismiss an investment company from the government of Laos' latest bid to enforce about $5 million in arbitral awards stemming from an ill-fated casino venture, ruling that the firm must face the suit in Saipan even though it is incorporated in Macau.

  • October 16, 2026

    Hospital Operator Challenges NC AG's Power Over Merger

    HCA Healthcare is taking another crack at throwing out the North Carolina attorney general's suit alleging HCA broke its promise to maintain a certain level of care at an Asheville hospital it purchased, saying his office lacks the power to enforce a merger between two private parties.

  • October 16, 2026

    Texas Justices OK Arbitration In Trampoline Park Injury Suit

    The Texas Supreme Court ruled Friday that an Urban Air trampoline park and related entities can compel arbitration of a minor's injury claims, saying the language in the arbitration agreement signed by the child's mother expressly covers "protected parties" such as the entities.

  • October 16, 2026

    Device Co. Accused Of Shorting Co-Founder's Payments

    The co-founder of a company that sells medical devices told a Colorado state court Thursday that the company lowered the percentage he is owed of $7.7 million in outstanding receivables from a client without approval.

  • October 16, 2026

    Sig Sauer's Trade Secret Claims Shot Down In Contract Fight

    A Washington federal judge has thrown out Sig Sauer's trade secret counterclaims in a lawsuit accusing the firearms company of reneging on a contract to buy products a contractor agreed to make.

  • October 16, 2026

    Del. High Court Backs Gard In Litigation Funding Fight

    The Delaware Supreme Court has upheld a Chancery Court ruling rejecting claims that hedge fund manager Casey Gard and affiliates improperly shifted a litigation-finance business away from a company he co-owned with attorney Brett K. Findler, ending Findler's challenge to liability findings from a closely watched business breakup.

  • October 16, 2026

    Temu Inks $3M Settlement To End Data To China Claims

    Online bargain retailer Temu on Friday agreed to pay $3 million to settle claims brought by the Texas Office of the Attorney General accusing the company of secretly stealing customer data and exposing it to the Chinese Communist Party.

  • October 16, 2026

    TI, Intel Say Ukrainians Still Show No Link To Russian Strikes

    Technology companies including Texas Instruments Inc. and Intel Corp. are again urging a Texas federal court to throw out a set of consolidated suits alleging they allowed their components to get into Russian weapons used to target civilians, saying a second amended complaint still fails to link their conduct to injuries.

  • October 16, 2026

    Could A Criminal Sentencing Case Upend Loper Bright?

    U.S. Supreme Court Justice Neil Gorsuch is concerned that a ruling instructing trial courts to defer to the U.S. Sentencing Commission's interpretation of federal sentencing guidelines could blow a "pretty big hole" in the court's recent rejection of deference doctrines. His colleagues, however, don't appear as perturbed.

  • October 16, 2026

    NY Ski Mountain Sold To End State Antitrust Case

    The New York attorney general's office said Friday that Intermountain Management Inc. has sold a Syracuse-area ski mountain to a buyer who plans to reopen the facility, four years after state enforcers sued Intermountain for allegedly buying and shuttering the mountain, which was its nearest competitor.

  • October 16, 2026

    Contradictory Contract Dooms Pot Co.'s Injunction Bid

    A California state judge has rejected a cannabis genetics company's bid for an injunction against a former business partner in a contract dispute, saying the contract's self-contradictory provisions make it unclear that the company is entitled to retrieve its cannabis strains.

  • October 16, 2026

    9th Circ. Won't Rethink $2B Devas Arbitral Award Confirmation

    The Ninth Circuit said Friday it will not disturb a unanimous three-judge panel's decision to enforce a $2 billion arbitral award issued to a satellite communications company, rejecting the award debtor's petition for a rehearing by the full court.

Expert Analysis

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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

  • DOJ Activity Indicates Rising Antitrust Risk For Hospitals

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    Two civil actions filed by the U.S. Department of Justice against New York-Presbyterian Hospital and OhioHealth, both alleging that the hospital systems used their market power to stifle competition, highlight the government's growing scrutiny of barriers to lower-cost insurance options, say attorneys at Freshfields.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

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