⚖ Oral Arguments, with Context

The First Circuit considers a dispute over commissions for selling software subscriptions. A digital-services firm partnered with a software vendor to refer customers and help close sales. For one customer, the partner received commissions on an initial sale and an additional purchase, but not on later subscription renewals. The partner sued, claiming the contract entitled it to more money. The district court rejected its renewal-fee claims without a trial and accepted a cap on referral fees contained in terms linked from the agreement. That ruling did not reject every disputed commission claim. The partner will argue that the contract's referral provisions cover later purchases by a qualifying customer, including renewals. It will also challenge whether the vendor has established which version of the linked fee terms was incorporated into the deal. The vendor will argue that referral commissions attach to registered sales opportunities, not an indefinite right to a share of a customer's future purchases. It will defend the linked terms and argue that the partner's evidence does not create a genuine factual dispute about the cap. Listen for two different questions: what the contract means, and whether the evidence establishes which contract terms the parties actually accepted. The court is reviewing whether the disputed issues could properly be decided without a trial, not simply choosing whichever business arrangement sounds more reasonable.

North America Photon Infotech, Ltd. v Acquia, Inc. (No. 26-1038) — U.S. Court of Appeals for the First Circuit, argued November 4, 2026.