United States: Contracts and Commercial Law

Independent pharmacies facing PBM audits often confront multi-million-dollar recoupment demands that can threaten their financial viability and network participation. A recent case demonstrates how a Georgia pharmacy successfully challenged a PBM's audit findings, reducing alleged discrepancies by more than 98 percent through comprehensive documentation review and strategic legal appeal.

In a significant decision addressing the intersection of employee loyalty obligations, trade secret law, and business tort claims, the California Court of Appeal, Fourth District, reversed the dismissal of claims brought by Guild Mortgage Company LLC against rival lender CrossCountry Mortgage LLC (“CCM”).

Ballard Spahr's Consumer Financial Services Group examines the latest developments in mortgage banking and consumer finance, including CFPB leadership transitions, regulatory guidance on lending to non-work authorized borrowers, Colorado's DIDMCA opt-out litigation updates, and the FTC's proposed policy on AI accuracy suppression. The newsletter also celebrates 15 years of the Consumer Finance Monitor blog and podcast.

Three recent developments point to a marked escalation in U.S. customs and trade enforcement. The Department of Justice (DOJ) and Department of Homeland Security’s (DHS) Trade Fraud Task Force has reported...

In many private M&A transactions, buyers and sellers usually reach an impasse on valuation. Buyers may be unwilling to pay the seller’s full asking price at closing, particularly where future growth projections...

Explore comprehensive legal insights and client alerts authored by George McGowan, covering critical topics from New Jersey's Mansion Tax and insurance coverage reviews to contract risk management and IT contract pitfalls. Stay informed with expert guidance on protecting your business interests and navigating complex legal landscapes.

In the post-COVID world, even smaller employers now operate across multiple states through remote teams, regional sales forces, and distributed customer bases.

A party’s course of conduct can carry significant weight in a contract dispute. Repeatedly accepting late deliveries, price increases or nonconforming goods without objection may affect how a court interprets...

Tariffs have become a volatile business reality, with rates swinging dramatically and threatening to turn profitable contracts into losses overnight. Many Oklahoma business owners instinctively reach for force majeure clauses when tariff costs spike, only to discover these provisions rarely cover increased expenses. This guide examines why traditional contract defenses fail against tariff risk and reveals the specific drafting techniques that actually protect your business when trade policy shifts mid-contr