Worldwide: Contracts and Commercial Law

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Business law and corporate law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics that involve business and corporate law produced by specialists working in this area every day.
Article
Nominative Fair Use Doesn’t Stop Airbnb From Reclaiming Domain Name
When a domain registrant incorporates a world-famous trademark into their web address, claiming to describe a legitimate service may not provide legal protection. A Ninth Circuit ruling in Smith v. Airbnb demonstrates how courts evaluate cybersquatting claims under the ACPA, examining the boundaries of nominative fair use and the limits of safe harbor defenses when famous brands are embedded in domain names.
United States IP
MG
Marks Gray
Article
A New Era For Patent Review: How Inventors Will Be Affected By The USPTO Director’s Reclaiming Of Authority In Challenges
The U.S. Patent and Trademark Office has undergone significant reforms that fundamentally alter how patent challenges are reviewed and decided. With Director John Squires reclaiming direct authority over inter partes review proceedings and new proposed rules limiting repeat challenges, the patent system is shifting toward greater stability and predictability for inventors and patent owners.
United States IP
DW
Dickinson Wright PLLC
Article
Against The Digital Tide: Increased Regulatory And Consumer Pressure To Protect Physical Games And Digital Ownership
State regulators are intensifying scrutiny of digital goods marketing practices, particularly whether consumers understand the difference between purchasing ownership rights versus acquiring limited licenses. As major game publishers shift away from physical media toward digital-only distribution, lawmakers in California, Maryland, New York, and other states are proposing legislation requiring clearer disclosures about what consumers actually receive when they click "buy."
United States Consumer
DW
Dickinson Wright PLLC
Article
Tariff Recovery Litigation: The Focus Shifts To Downstream Claims And B2B Customers
As tariff refunds exceed $100 billion, a new wave of litigation is emerging over who is entitled to recovered IEEPA duties. While consumer class actions face significant legal hurdles around pricing transparency and tracing, business-to-business customers with explicit tariff surcharges on invoices may have substantially stronger claims against their importer-distributors for refund sharing.
Worldwide Litigation
CL
Carter Ledyard & Milburn
Video
The Dirty Secret Behind ERP Implementations (Video)
Enterprise Resource Planning (ERP) implementations have a staggering 70-85% failure rate, yet vendors continue to promise quick, out-of-the-box deployments that rarely materialize. This analysis reveals the hidden costs, common pitfalls, and unrealistic expectations that doom most ERP projects from major providers like SAP, Oracle, Microsoft Dynamics, and NetSuite before they even begin.
United States Media & IT
TS
Taft Stettinius & Hollister
Article
Make Sure Your HOA Rules In Washington State Are Enforceable!
Washington State community associations operate under governing documents including CC&Rs, bylaws, and rules and regulations that boards can typically adopt without full membership votes. However, these rules must comply with state and federal statutory requirements covering areas like flag displays, satellite dishes, solar panels, EV charging stations, and certain residential uses, while associations must follow proper procedures for adoption, dissemination, and enforcement including reasonable fines and d
United States Real Estate
BB
Beresford Booth
Article
California Cannabis Contracts After Rescheduling: Why Your Contracts Need A Second Look
Cannabis rescheduling has fundamentally altered the regulatory landscape for California operators, creating hidden risks in contracts drafted before April 2026. Supply agreements, licensing deals, and investment documents built around Schedule I assumptions may now contain critical gaps regarding DEA registration requirements, medical versus adult-use distinctions, and tax treatment under I.R.C. 280E.
United States Cannabis
HS
Harris Sliwoski
Article
Texas Business Court Addresses Property Descriptions In Real Estate Contracts
On July 22, 2026, the Texas Business Court issued a ruling in Village Crossing, LLC v. West Creek Investments, LLC, addressing foundational principles of real estate contract law. Written by Judge Brian Stagner, the opinion offers lessons for businesses engaged in commercial real estate transactions — particularly regarding property descriptions, the statute of frauds, and the limits of survey provisions.
United States Real Estate
GT
Greenberg Traurig, LLP
Article
Delaware Keeps Business Filing Edge As Texas Starts Fast Service
Two Delaware attorneys examine the competitive landscape between Delaware and Texas for business filings, analyzing processing speeds, fees, and accessibility to determine which state truly offers superior advantages for corporate formation and document filing. The analysis reveals surprising differences in service delivery that could impact where businesses choose to incorporate.
United States Commercial
LB
Lewis Brisbois Bisgaard & Smith LLP
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