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Commercial Contracts
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March 13, 2026
4th Circ. Genworth Ruling Raises Bar For ERISA Class Actions
A recent Fourth Circuit decision in a suit challenging Genworth Financial Inc.'s inclusion of target-date fund investments as employee retirement plan options will make it tougher to certify similar class actions and could have a ripple effect in a broader range of cases, experts told Law360.
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March 13, 2026
ROSS Says Anthropic Case Supports 3rd Circ. IP Appeal
An artificial-intelligence-based legal search engine appealing a finding that its use of Thomson Reuters' Westlaw headnotes did not constitute fair use has pointed to arguments in a separate case it says supports the idea that AI training is connected to national security.
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March 13, 2026
Attys, Chamber Group Propose Disclosure Of Litigation Funders
Lawyers for Civil Justice and the U.S. Chamber of Commerce Institute for Legal Reform have suggested an amendment to the Federal Rules of Civil Procedure that would require disclosing when third parties are funding civil litigation.
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March 13, 2026
Judge Tosses Ga. Firm's Insurance Fight With State Farm
A Georgia federal judge has tossed an auto insurance dispute between a personal injury law firm and State Farm, agreeing with the insurer's defense that the suit "simply was filed almost three years too late."
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March 13, 2026
Calif. Panel Revives Atty Lien Fight In Personal Injury Case
California appellate justices revived a declaratory action filed by a Sacramento lawyer against his clients and their prior counsel over their respective rights to settlement proceeds in a personal injury case, ruling Friday that the action was a proper way to simultaneously enforce the lawyer's lien and resolve everyone's settlement claims.
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March 13, 2026
Vegas Paper Gets Temporary Reprieve After High Court Denial
A Las Vegas federal court has temporarily blocked the Las Vegas Review-Journal from ceasing to print and distribute rival daily newspaper the Sun, despite an appeals court invalidating the publications' long-standing joint operating agreement last year.
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March 13, 2026
Walmart Says Pa. Store Didn't Break Grocery Sales Agreement
Walmart wants to throw out a neighboring property owner's claim that a Pittsburgh-area store breached the terms of a nearly 30-year-old easement agreement, arguing a lawsuit's allegation that it had been in violation of an agreement not to compete on grocery sales for years was too vague and too late.
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March 13, 2026
J&J Unit Says Ex-Director Misappropriated Trade Secrets
A Johnson & Johnson subsidiary has accused a former associate director of downloading over 7,000 files worth of confidential information prior to her resignation and using it to start her own competing company.
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March 13, 2026
UK Litigation Roundup: Here's What You Missed In London
In London, Estée Lauder accused Jo Malone's founder of intellectual property infringement, the wife of an Iranian businessman linked to a £75 million fraud sued several Iranian oil companies, HSBC sued U.S. property tycoon Michael Fuchs, and Charles Russell Speechlys brought a claim against a United Arab Emirates company it once represented in an international arbitration.
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March 13, 2026
Baldoni Atty Avoids Sanctions For Blake Lively Comments
A lawyer for Justin Baldoni will not face sanctions for public comments critical of Blake Lively because they came long enough ago that they are unlikely to influence the feuding Hollywood stars' upcoming trial, a Manhattan federal judge held Friday.
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March 13, 2026
Solar Developer Sues In Del. Over $56.7M Earnout Dispute
A solar developer and its founder have filed a lawsuit in the Delaware Chancery Court accusing Pivot Energy Inc. and two executives of deliberately sabotaging a joint venture to avoid tens of millions of dollars in earnout payments tied to community solar projects.
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March 12, 2026
SeaWorld Broke Sesame Street License Agreement, Suit Says
SeaWorld is flouting its obligations under a licensing agreement for the Sesame Street brand, the nonprofit behind the children's television series alleged Thursday in New York federal court, accusing the theme park giant of carrying out a "retaliation campaign" after losing an arbitration over unpaid royalties.
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March 12, 2026
FDIC Owns SVB Insurance Claims, Court Told
The Federal Deposit Insurance Corp., as receiver for Silicon Valley Bank after its historic collapse in early 2023, is entitled to recover on what could be tens of millions of dollars in financial institution bond proceeds, the FDIC's counsel told a North Carolina federal court Thursday.
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March 12, 2026
Ecuador Oil Co. Says No Arbitration In $650M Suit
Ecuador's state-owned oil shipping company on Wednesday urged a Pennsylvania federal court not to force it to arbitrate its $650 million lawsuit over events at the heart of an impeachment scandal involving former Ecuadorian President Guillermo Lasso, arguing that the case is "not a contract dispute."
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March 12, 2026
Insurer Asks NC Justices To Free It From Captive Carrier Row
A Georgia insurance company told North Carolina's highest court that the state's Business Court doesn't have jurisdiction over it in a shareholder dispute over the demise of a defunct captive insurer, arguing it had nothing to do with the supposed bad acts of its individual members.
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March 12, 2026
Colo. Law Firm Alleges Personal Injury Firm Owes It $120K
A Fort Collins, Colorado, trial law firm alleged in state court that a Denver personal injury firm has not paid it $120,000 in fees the trial firm says it is owed for legal work it performed for the PI firm.
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March 12, 2026
Chubb Unit Can't Tag Excess Insurer For $100M Settlement
The Georgia Court of Appeals rejected an attempt by a Chubb unit to share liability with an excess insurer for coverage of a $100 million settlement between a boat manufacturer and the family of a boy who died in a boating accident.
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March 12, 2026
Ex-Consultants Sue Gallagher Over Nonsolicitation Clauses
Insurance broker Arthur J. Gallagher Co. shouldn't be able to enforce nonsolicitation clauses that "stifle valid competition and hinder employee mobility," a pair of former group welfare benefits consultants told a federal court this week, telling the court both clauses run afoul of North Carolina law.
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March 12, 2026
Dish Blasts Disney's Bid To Pause Discovery In Sling TV Suit
Dish Network is pushing back on a bid from the Walt Disney Co. to pause discovery for Dish's antitrust counterclaims over the programming giant's carriage licensing deals.
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March 12, 2026
TV Academy Foundation Sues Over CW Docuseries Clips
The Academy of Television Arts & Sciences Foundation has sued the producers of the CW docuseries "TV We Love," accusing the team behind the show of using nearly 50 unlicensed clips from the foundation's Emmy broadcasts and its long‑running oral history project "The Interviews."
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March 12, 2026
NFL Alumni Argues Biotech's Suit Lacks Contractual Basis
The National Football League's largest alumni group is angling to quash a biotech company's breach of contract lawsuit, explaining that details in the suit on the termination of their partnership for a vaccine education program are thin.
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March 12, 2026
Investors Sue Florida Trading 'Savant' Over Ponzi-Style Fraud
Investors sued a self-styled foreign exchange trading "savant" claiming he solicited millions from friends and relatives that were meant to be pooled into legitimate investments but were instead funneled into a Ponzi scheme.
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March 12, 2026
Del. Chancery Rejects Fraud Claims In $313.5M Fertilizer Deal
The Delaware Chancery Court has ruled that a group of investors failed to prove that executives and a private equity sponsor behind agricultural technology company Verdesian Life Sciences LLC defrauded them into investing in a 2014 acquisition, holding after trial that the claims were both time-barred and unsupported.
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March 12, 2026
Doc's Hands Aren't Property, Texas Panel Rules In Death Suit
A state-employed doctor's hands are not "tangible personal property," a Texas appeals court ruled Thursday, dismissing a wrongful death suit from the family of a patient who contracted a fatal infection during her hospital stay.
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March 12, 2026
Chancery Dissolves Litigation Funder Amid Partner Deadlock
A hedge fund manager can wind down the litigation funding operation he ran with a Florida-based personal injury attorney, the Delaware Chancery Court has ruled, finding that a falling out between the two partners did not involve any wrongdoing.
Expert Analysis
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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A Look At Trump Admin's Shifting Strategies To Curtail CFPB
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Google Damages Ruling Offers Lessons For Testifying Experts
The Federal Circuit's recent decision in EcoFactor v. Google represents a shift in how courts evaluate expert testimony in patent cases, offering a practical guide for how litigators and testifying experts can refine their work, says Adam Rhoten at Secretariat.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Rocket Mortgage Appeal May Push Justices To Curb Classes
Should the U.S. Supreme Court agree to hear Alig v. Rocket Mortgage, the resulting decision could limit class sizes based on commonality under Rule 23 of the Federal Rules of Evidence as opposed to standing under Article III of the U.S. Constitution, say attorneys at Carr Maloney.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Employer Best Practices For Navigating Worker Separations
As job cuts hit several major industries, employers should take steps to minimize their exposure to discrimination claims, information leaks and enforcement challenges, such as maintaining sound documentation, strategic planning and legal coordination, says Mark Romance at Day Pitney.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
IRS Should Work With Industry On Microcaptive Regs
The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.