Contracts

Core event: Ben & Jerry’s cofounder Ben Cohen is leading the "Free Ben & Jerry’s" campaign to pressure the Magnum Ice Cream Company to sell the brand to values-aligned investors, amid an ongoing lawsuit where Ben & Jerry’s independent board accuses Magnum of breaching the 2000 merger agreement by dismantling the board’s authority over the company’s social mission.[1][2][3][5]

In Avery v. TEKsystems, Inc., the Ninth Circuit affirmed a district court's denial of TEKsystems' motion to compel arbitration, ruling that the company's rollout of a mandatory arbitration agreement during ongoing class action litigation was ineffective due to misleading communications and subversion of Federal Rule of Civil Procedure (FRCP) 23.[1][2][3][4][5][9]

Ohio has established a strict rule prohibiting nonlawyers, such as architects, construction managers, or owners' representatives, from drafting or revising construction contracts or procurement documents, deeming it the unauthorized practice of law.[2] This "bright-line" guidance, issued by Bricker Graydon Wyatt LLP on April 6, 2026, cites Ohio Supreme Court precedents like Ohio State Bar Ass'n v. Burdzinski (2006) and Ohio State Bar Ass'n v. Miller (2014), which confirm that preparing legally binding instruments—even from standard AIA forms—constitutes unauthorized practice.[2]

This is not a news story about a specific event, but rather a legal analysis piece published by law firm Farrell Fritz, P.C. on April 6, 2026, examining the structural barriers that prevent founders from accessing cash from their equity holdings before a company exit.[3]

Core Event

The International Chamber of Commerce (ICC) Executive Committee approved revised ICC Arbitration Rules on March 23, 2026, set to enter into force on June 1, 2026, applying automatically to all new arbitration requests filed from that date.[1][2] Key changes include making Terms of Reference optional (previously mandatory except in expedited cases), barring new claims after the first Case Management Conference without tribunal approval, introducing "Highly Expedited" opt-in proceedings (three-month duration with front-loaded submissions and no joinder/consolidation), enhanced Secretary-General oversight on fees/costs, and a new Schedule of Fees.[1] Additional updates to the ICC Schedule of Costs, Appointing Authority Rules, Mediation Rules, and Expert Rules are planned for launch in April-May 2026.[1]

Akerman LLP published an article on April 6, 2026, titled "Don't Bet on Appeal: Challenging Final Arbitration Awards is an Uphill Battle," explaining the narrow grounds for contesting final arbitration awards under the Federal Arbitration Act (FAA). [1] The core event is this legal analysis publication, which debunks misconceptions that such awards are easily overturned, emphasizing their finality.[1]

A trial court in New York ruled that a $1,000,000 liquidated damages clause in a non-compete agreement was an unenforceable penalty, denying recovery to the plaintiff suing former business partners for breach.[3] The clause, labeled a "fine" payable "above and beyond other applicable damages," was deemed not a reasonable estimate of actual loss but rather punitive in nature.[3] The court also excluded the plaintiff's key damages evidence document, impacting the case outcome under CPLR 4401 directed verdict motions.[3]