United States: Contracts and Commercial Law

The United States District Court for the District of New Jersey, applying New Jersey law, held that a D&O policy’s false advertising and unfair business practices exclusion barred coverage for an enforcement action alleging that a merchant cash advance company engaged in illegal lending and marketing practices. Yellowstone Capital LLC v. Argonaut Insurance Co., 2026 WL 2321647 (D.N.J. Aug. 11, 2026).

Agentic AI systems promise transformative capabilities but carry substantial risks when deployed with inadequate evaluation. How can organizations design pilot programs that generate real evidence of value and risk, moving beyond vendor demonstrations to assess whether AI agents can safely and profitably perform their intended roles?

The Federal Trade Commission's settlement with Southern Glazer's Wine and Spirits over Robinson-Patman Act violations establishes new benchmarks for price discrimination enforcement, including specific geographic proximity requirements, temporal windows for comparing transactions, and cost-based allowances that could reshape compliance strategies across consumer retail industries.

Companies are being pushed to make difficult decisions about where they source materials, develop products, manufacture, and serve customers. Geopolitical shifts, protectionist policies, changing regulations, and transport disruptions can undermine a supply chain or market strategy that once delivered dependable results. A familiar supplier may become harder to use. A profitable customer relationship may become more expensive to support. A market that appeared accessible may require a different commercial approach.

The U.S. Senate has passed the bipartisan Protect College Sports Act, legislation that would fundamentally reshape college athletics by establishing federal rules governing NIL compensation, athlete representation, transfers, and eligibility while granting the NCAA significant antitrust protection. This comprehensive framework could provide universities with greater regulatory certainty but may substantially limit the legal tools athletes have used to challenge NCAA restrictions...

Businesses increasingly rely on AI for legal guidance, but artificial intelligence often provides generic solutions without understanding specific circumstances. This article examines the growing trend of clients arriving at law firms with AI-generated legal plans and explores why professional judgment remains essential in determining what legal protections companies actually need versus what AI suggests they should have.

What should you expect when meeting a litigation attorney about a business dispute? Learn how to prepare for your first consultation, what documents to bring, which questions to ask, and how to communicate your priorities effectively to ensure the meeting addresses both immediate threats and long-term business goals.

A federal copyright case over a single Facebook photograph resulted in years of litigation despite a $200 damages award, demonstrating how routine image use in business marketing can create substantial legal and financial exposure. Understanding copyright compliance, licensing requirements, and proper image-sourcing procedures has become essential for businesses seeking to avoid costly infringement disputes.

Despite continued consumer skepticism towards autonomous vehicles (AVs) and a lack of progress in implementing a uniform set of regulations to govern their deployment, the industry is actively...