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Commercial Contracts
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January 26, 2026
4th Circ. Preview: NCAA Eligibility And E-Cigarette Law
Notwithstanding the winter storm that slammed several states over the weekend, litigators will clash at the Fourth Circuit this week on whether NCAA eligibility rules violate antitrust law, or federal law preempts North Carolina's ability to regulate e-cigarette sales.
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January 26, 2026
Healthcare Rewards Co. Sues Partner Over Alleged Tech Theft
A California-based healthcare technology company has sued in Delaware Chancery Court, accusing a longtime business partner of secretly stealing its proprietary rewards technology, then attempting to terminate their contract years early after building a competing product in-house.
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January 26, 2026
Pot Co. Investors Say Owners Withheld Ownership Rights
Investors in a Long Beach, California, cannabis dispensary are suing the company's principals, saying they have not turned over a 5% ownership stake in exchange for their $250,000 investment and may be using the funds inappropriately.
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January 23, 2026
Webuild Wins Another Round In $147M Chilean Award Fight
A Chilean construction company has suffered its second defeat in under a month as it attempts to enforce a $146.5 million arbitral award against Italian construction giant Webuild, after a Canadian appeals court refused to revive its enforcement petition.
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January 23, 2026
Feds Seek $35M Forfeiture After Ex-CFO's Crypto Conviction
Government prosecutors urged a Seattle federal judge to impose a $35 million forfeiture judgment on a software startup's former executive following his wire fraud conviction, arguing that Nevin Shetty's quick loss of the money in a cryptocurrency collapse doesn't change the fact that he stole it.
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January 23, 2026
CLO Investors Accused Of Rigging Rates In Shift From Libor
Major equity investors in collateralized loan obligations have been sued in Connecticut federal court over claims that they colluded to force corporate leveraged-loan borrowers to accept higher interest rates during the phaseout of the London Interbank Offered Rate, or Libor.
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January 23, 2026
High Court Unlikely To Walk Back MLB's Antitrust Privilege
Baseball's status as the lone sport exempt from federal antitrust laws is likely to evade U.S. Supreme Court scrutiny, with legal experts saying that only an extraordinary challenge could make justices even consider it.
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January 23, 2026
Providers Oppose Credit Bureaus' Medical Debt Appeal
A proposed class of medical providers and collection agencies accusing Equifax, Experian and TransUnion of colluding to exclude medical debt under $500 from consumer credit reports is opposing a bid by the credit bureaus to expedite an appeal of a ruling that denied dismissal of the claims.
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January 23, 2026
DC Circ. Backs FERC In Oil Pipeline Pricing Dispute
The D.C. Circuit on Friday denied a petition challenging the method used by the Federal Energy Regulatory Commission to determine the value of oil flowing through an Alaskan pipeline, finding the agency correctly considered inflation and other factors.
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January 23, 2026
10th Circ. Asked To Overturn Mail Scam Fraud Convictions
Two former Epsilon Data Management LLC employees convicted for their roles in selling data to mail scammers who preyed on the elderly and vulnerable asked the Tenth Circuit to overturn their convictions Friday, while the panel questioned the government's conspiracy case against Epsilon's former business manager.
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January 23, 2026
DC Circ. Bars Nazi Art Claims Over Sovereign Immunity
The D.C. Circuit on Friday reluctantly ended a 16-year-old lawsuit brought by the descendants of a Hungarian Jewish art collector seeking the return of a priceless art collection looted by the Nazis, saying they could not show that the artwork had been expropriated.
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January 23, 2026
Vik's Daughter Drops Bid To Stave Off Deutsche Bank Suit
The daughter of billionaire Alexander Vik has pulled a federal lawsuit against Deutsche Bank after a state court ordered a pause on litigation in Norway, but left open the possibility that she could refile her request for an anti-suit injunction barring the German multinational bank from suing her.
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January 23, 2026
3rd Circ. Preview: Citizens Bank, Quest Fight Appeals In Jan.
The Third Circuit's January lineup will find Citizens Bank and Quest Diagnostics attempting to fight off bids from former employees to revive suits over their compensation.
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January 23, 2026
RE Investor Wants $3.1M Set Aside Amid Conn. Payment Suit
A real estate investor urged a Connecticut state court to order a developer and other parties to set aside $3.1 million in case the investor wins its suit, which involves return-on-investment payments for a $2.5 million investment into a Shelton, Connecticut, commercial real estate project.
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January 23, 2026
As Duke Sues Its Own QB, NIL Tensions Come To A Head
Duke University's gambit to stop its star quarterback from transferring to another school signals the latest friction point in college sports, providing an opportunity for courts to tackle the still-evolving concept of direct payment deals between athletes and their schools regarding name, image and likeness.
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January 23, 2026
Colo. City Worked 'In Secret' To Kill Airport Lease, Court Told
A tenant operating a hangar at a Pueblo, Colorado, airport claimed in federal court that the airport's municipal owner is threatening to cancel a long-term lease after stonewalling its attempts to fix defects turned up in a short-notice inspection held on a federal holiday.
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January 23, 2026
Vegan Protein Co. Claims Bad-Faith Dilution By Partner
A vegan protein company has asked the Delaware Chancery Court to block what it describes as a deeply unfair capital call that would dramatically dilute its ownership stake in a mineral-processing venture, accusing its majority partner of engineering a squeeze-out through bad-faith governance and below-market pricing.
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January 23, 2026
X Can't Access OpenAI Source Code In Antitrust Suit
A Texas federal court will not force OpenAI Inc. to hand over its source code in an antitrust case from Elon Musk's X Corp. over the artificial intelligence company's deal to integrate ChatGPT on Apple devices.
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January 23, 2026
Suit Accusing FTM Wealth Of Tax Scam Faces Jurisdiction Test
A precious metals partnership notified a Colorado federal judge of plans to move its lawsuit against FTM Wealth to state court after learning from FTM member Nathaniel Ott's lawyer that he is a Colorado citizen in a case over an alleged tax scam that the plaintiffs say cost them $12 million.
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January 23, 2026
UK Litigation Roundup: Here's What You Missed In London
This past week in London saw Travelers Insurance hit with a claim from a property buyer over a payout tied to collapsed law firm Axiom Ince, Swedish music group Pophouse Entertainment clash with the production company that helped it create the ABBA Voyage experience, and biotech company Vertex Pharmaceuticals sue rival entity ToolGen for patent infringement.
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January 22, 2026
TikTok Seals Joint Venture Deal For US Operations
TikTok's Beijing-based owner, ByteDance, has sold a majority stake in the video app's U.S. operations to a new U.S.-based joint venture managed by a group of non-Chinese investors in order to comply with a congressional mandate and avoid the app's shutdown, the company announced Thursday.
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January 22, 2026
Mango Labs' 'Buyer's Remorse' Can't Undo SEC Settlement
Crypto project Mango Labs can't cancel the terms of a nearly $700,000 settlement with the U.S. Securities and Exchange Commission just because the agency has pivoted away from crypto enforcement cases and left the project with "buyer's remorse," a Manhattan federal judge ruled.
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January 22, 2026
6th Circ. Revives Law Firm Worker's Anthem Coverage Fight
Anthem Blue Cross Blue Shield's decision denying coverage for a law firm employee's son to continue receiving residential mental health treatment was arbitrary and capricious, the Sixth Circuit ruled Thursday, saying the insurer needs to carry out a "full and fair review of the requested coverage."
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January 22, 2026
Google, Epic Fight Uphill To Tweak App Antitrust Injunction
A California federal judge indicated Thursday that he's unlikely to grant Epic and Google's request to modify a permanent injunction issued after a jury found Google monopolized the distribution of apps on Android devices, saying they have to show changed circumstances, and "I haven't seen anything change, other than a deal" between the companies.
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January 22, 2026
Debt Collector Takes Computer Fraud Ruling To High Court
A debt collection agency asked the U.S. Supreme Court on Thursday to pause a Third Circuit decision that found an ex-employee's sharing of a password spreadsheet didn't make for a case under the Computer Fraud and Abuse Act, saying the appeals court improperly narrowed the scope of the statute.
Expert Analysis
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Tracking The Evolving Legal Landscape Of Music Festivals
The legal infrastructure behind music festivals is anything but simple, so attorneys advising clients in this space should be prepared for a wide range of legal challenges, including the unexpected risks that come with live events, says Meesha Moulton at Meesha Moulton Law.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Reddit v. Anthropic Is A Defining Moment In The AI Data Race
The recent lawsuit filed by Reddit against Anthropic in California state court marks a pivotal moment in the burgeoning field of artificial intelligence by sidestepping a typical copyright dispute, focusing instead on the enforceability of online terms of service and ownership of the digital commons, says William Galkin at Galkin Law.
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What Developers Can Glean From Miami Condo Ruling
A Florida state appeals court's recent denial of a Miami condo redevelopment bid offers a detailed blueprint of what future developers must address when they evaluate the condominium's governing declaration and seek to terminate a condominium, say attorneys at Shubin Law.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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2nd Circ. Reinforces Consensus On Vacating Foreign Awards
In Molecular Dynamics v. Spectrum Dynamics Medical, the Second Circuit recently affirmed that federal district courts do not possess subject matter jurisdiction to vacate foreign arbitral awards, strengthening this consensus across the circuits most active in recognition and enforcement actions, says Ed Mullins at Reed Smith.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Corp. Human Rights Regulatory Landscape Is Fragmented
Given the complexity of compliance with nations' overlapping human rights laws, multinational companies need to be cognizant of the evolving approaches to modern slavery transparency, and proposals that could reduce mandatory due diligence and reporting requirements, say attorneys at Simpson Thacher.
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Forced Labor Bans Hold Steady Amid Shifts In Global Trade
As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Recent Decisions Caution Against Broad Indemnity Provisions
Two recent decisions in disparate jurisdictions are reminders that businesses and practitioners should be mindful of contractual indemnity rights and draft indemnity provisions that enhance the predictability of enforceability without being overly broad, says Gregory Jaske at Olshan Frome.