United States: Contracts and Commercial Law

More than three decades ago, when New York enacted the Limited Liability Company Law, some believed the partnership might go the way of the dodo. But still, we regularly encounter and write about noteworthy partnership business divorce decisions.

Remote work and digital file transfers have made it easier than ever for employees to walk out with your most valuable business information. With non-compete agreements declining and jury verdicts in trade secret cases reaching hundreds of millions of dollars, North Carolina businesses face urgent questions about protecting proprietary information in the modern workplace. What qualifies as a trade secret under federal and state law, and how can companies safeguard their competitive advantage when traditiona

Service contracts between banks and their parent holding companies often include indemnification clauses where the bank agrees to cover losses caused by its own negligence or willful misconduct. This raises an important question about whether such arrangements constitute covered transactions under Regulation W. Understanding the regulatory treatment of these standard commercial terms is essential for compliance officers and legal teams structuring affiliate service agreements.

A year ago, the firm warned that litigation brought by Auxin Solar could expose importers and project participants to substantial retroactive antidumping and countervailing duty liability. Since then, the US Court of International Trade (CIT) has ruled that the Biden administration’s two-year suspension of tariff collection was unlawful, creating the possibility that duties may ultimately be imposed on certain solar products imported from Southeast Asia between 2022 and 2024.

The College Sports Commission has released a memorandum detailing how its Department of Investigations is enforcing name, image, and likeness rules, revenue sharing, and roster limits. A recent judicial ruling has also addressed the scope of the CSC's authority to investigate NIL arrangements involving multimedia rights companies and third-party brand sponsors, raising critical questions about institutional compliance obligations.

On August 7, 2026, the Delaware Court of Chancery ordered Verisk Analytics, Inc. to move forward with its purportedly terminated $2.35 billion proposed acquisition of AccuLynx.com.

Alvotech and Lotus Pharmaceutical have entered into a strategic licensing and commercialization agreement for two proposed biosimilars targeting major therapeutic markets. The deal encompasses semi-exclusive U.S. rights and exclusive rights across eight Asian markets, with Alvotech retaining development and regulatory responsibilities. Financial terms include potential payments of up to $150 million plus ongoing supply revenue.

Nossaman LLP is a law firm offering comprehensive legal services across multiple practice areas. The firm provides expertise in infrastructure, real estate, environmental law, and litigation, serving clients through offices in California, Texas, and Washington D.C.

The Mobley v. Workday case reveals critical gaps between AI vendor contracts and actual liability exposure when algorithmic tools make high-stakes business decisions. As courts examine whether AI vendors can be held responsible for discrimination in hiring, companies face a dangerous mismatch: traditional SaaS contract terms that cap liability at subscription fees while the technology influences decisions that could trigger millions in regulatory penalties and litigation costs.