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Commercial Contracts
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February 26, 2026
Toyota Nears OK On $436M Class Deal Over Forklift Emissions
A California federal judge indicated Thursday she'll give preliminary approval to Toyota Industries Corp.'s $436 million class action settlement to resolve claims the auto giant and its subsidiaries misled tens of thousands of business buyers into thinking the emissions of its forklift and construction engines were "the cleanest" in the industry.
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February 26, 2026
Fiserv Seeks Exit From Credit Union Security Flaws Suit
Fiserv Inc. has urged a Florida federal judge to toss a credit union's suit claiming the payment systems company has allowed its online banking platform to be "repeatedly hacked, again and again," arguing the long-running contract between itself and the credit union does not obligate Fiserv to implement the security features the credit union is now demanding.
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February 26, 2026
Aurora Care Group Sues Over Block Of $8.5M Property Sale
An Aurora-based care facility claimed in a Colorado state court lawsuit Wednesday that a nonprofit elder care group spiked the $8.5 million sale of a building by enforcing expired or unenforceable provisions from a decade-old construction declaration from a sale of the land where the building sits.
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February 26, 2026
Atty Owns 'Sloppy' Incorrect Citations Before Texas Justices
A Houston attorney told a Texas appellate panel Thursday that incorrect case citations in his brief were "sloppy" and "embarrassing," taking responsibility for errors that included nonexistent cases and inaccurate quotations.
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February 26, 2026
Amazon Loses Bid For 'Hot Tub' Hearing In Antitrust Suit
A Washington federal judge on Thursday shot down Amazon.com Inc.'s push for a concurrent hearing with multiple expert witnesses in a proposed class action accusing the retail giant of artificially inflating consumer prices, ruling that what's known as a "hot tub" hearing is "not necessary at this time."
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February 26, 2026
LA Times Joins Ad Tech Antitrust Litigation Against Google
The publisher of The Los Angeles Times on Wednesday threw its hat into multidistrict litigation targeting Google's advertising placement technology dominance, alleging that Google's monopolization forces publishers to sell ad space at depressed prices that boost the tech giant's profits while dramatically cutting revenue for publishers and Google's ad technology rivals.
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February 26, 2026
Antitrust Claims Over Oil Tubing Patents Saved By Fed. Circ.
The Federal Circuit on Thursday undid a Texas federal judge's conclusion that a company intended to defraud the U.S. Patent and Trademark Office when it got a patent on coiled tubing, but also revived claims accusing it of using fraudulently obtained patents to get a monopoly.
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February 26, 2026
Constellis Hit With $36.5M Suit Over Weapons In Afghanistan
The owner of a storage and lodging camp in Afghanistan sued Constellis LLC and its subsidiaries for $36.52 million, accusing the Virginia-based government contractor of abandoning a cache of allegedly illegal weapons that led to a "violent" seizure of his property by the Taliban.
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February 26, 2026
Fifth Third Bank Pursues $80M From Texas Developer
Fifth Third Bank has sued a San Antonio real estate developer in Texas federal court for more than $80 million, seeking to invoke guaranties on two troubled construction loans after the borrowing entities defaulted and filed for bankruptcy.
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February 26, 2026
Chancery Refuses For Now To Make Hecate Pay Lenders $75M
The Delaware Chancery Court has denied renewable energy lenders' bid to immediately seize $75 million in disputed settlement proceeds, ruling that although the lenders are likely to succeed on parts of their contract claims, they failed to justify the extraordinary step of a mandatory injunction.
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February 26, 2026
Ex-Joe Gibbs Racing Director Denies Trade Secret Theft
Joe Gibbs Racing's former competition director on Wednesday denied absconding with trade secrets on his way out the door and urged a North Carolina federal judge to reject the NASCAR giant's request to stop him from working for a rival, arguing this would "effectively exile me from this profession."
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February 26, 2026
College Says Ex-QB Owes $1M From NIL Deal After Transfer
Football star Brendan Sorsby violated his name, image and likeness agreement with the University of Cincinnati when he transferred to another program and owes the school at least $1 million, the university claims in a lawsuit in Ohio federal court.
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February 26, 2026
Okla. Judge Says Oil & Gas Royalty Fight Belongs In Texas
An Oklahoma federal judge on Thursday sent to Texas federal court a lawsuit claiming oil and gas producer APA Corp. underpaid oil and gas royalties, saying the underlying leases are located in Texas and the dispute will likely be governed under Texas law.
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February 26, 2026
Insurer Dodges Spinoff Coverage Suit From 'Maya' Verdict
A professional liability insurer does not have to defend the law firm that secured a $213 million award for the woman at the center of the documentary "Take Care of Maya" in a dispute over trial consultant fees, after a Florida federal judge found Wednesday that the claims are not covered by the insurance policy.
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February 26, 2026
Vanguard Will Pay $29.5M To Settle Red States' ESG Suit
The Vanguard Group Inc. will pay $29.5 million to settle claims brought by several conservative states accusing it and other large asset managers of driving up coal prices by pressuring publicly traded energy companies to lower their output to meet carbon emission reduction goals.
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February 26, 2026
Ex-Exec. In $2B Denmark Tax Scheme Hid Assets, Court Told
A Florida man involved in a $2 billion Danish tax refund scheme fraudulently transferred millions of dollars to a U.S. company to prevent the Danish government from seizing those assets, Denmark's tax agency told a New Jersey federal court.
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February 25, 2026
Ex-Morgan Stanley Pro Abused NBA Players' Trust, Jury Hears
A prosecutor told a Manhattan federal jury Wednesday that former Morgan Stanley investment adviser Darryl Cohen pulled off a long con of current and former NBA players, winning their confidence and friendship before cheating them out of more than $5 million.
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February 25, 2026
Lender In Fla. High-Rise Dispute Says $70M Loan Wasn't 'Free'
A lender urged a Florida bankruptcy court on Wednesday to end an adversary proceeding alleging that it fraudulently induced the holder of a downtown Miami high-rise plot to accept the terms of a $70 million loan, arguing that the recipients are trying to get "free" money.
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February 25, 2026
Jail Threat Impossible For Already-Jailed Insurance Magnate
North Carolina insurance billionaire Greg Lindberg doesn't face the threat of immediate imprisonment for violating a $122 million contempt order because he's already in jail, a group of insurance companies told North Carolina's highest court.
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February 25, 2026
IP Co. Investors Sue Over AI-Focused Acquisition Losses
Executives and directors of semiconductor technology company Synopsys Inc. were hit with a shareholder's derivative suit accusing them of misleading investors about the operational challenges faced by one of its segments following a $35 billion acquisition of an artificial intelligence company made in 2024.
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February 25, 2026
Judge Skeptical Of Bid To Toss FTC's Zillow, Redfin Case
A Virginia federal judge seemed skeptical on Wednesday as Zillow Group Inc. and Redfin Corp. pushed their bid to toss the Federal Trade Commission's case over an alleged agreement between the real estate listing companies to not compete for rental ads.
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February 25, 2026
'Conflicting' Claims Threaten Google ERISA Suit, Judge Hints
A Connecticut federal judge suggested Wednesday that a former Google sales representative may need to make changes if he wants to advance his lawsuit alleging the tech giant withheld $2 million in commission and improperly fired him amid colon cancer treatments, pointing to "competing allegations" in the complaint.
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February 25, 2026
Joe Gibbs Racing Seeks Injunction Against Ex-Director, Rival
NASCAR giant Joe Gibbs Racing LLC is urging a North Carolina federal court to hand it a temporary restraining order and preliminary injunction that will prevent its ex-competition director from using its trade secrets to benefit a direct competitor.
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February 25, 2026
9th Circ. Undoes $278M Eli Lilly Payment In Insulin Case
The Ninth Circuit ruled against a lower court Wednesday in saying pharmaceutical giant Eli Lilly does not owe $278 million in royalties to an Arizona company for insulin-brands sales, saying an agreement between the companies did not cover insulin products Eli Lilly made using a certain yeast expression technology.
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February 25, 2026
Amazon, DC AG Delay Antitrust Trial, Again
A local D.C. judge has agreed to delay trial in the city's antitrust lawsuit against Amazon once again, pushing the scheduled start next year from May to September, with the two sides citing the government shutdown's impact on a related Federal Trade Commission case as the cause for the hold-up.
Expert Analysis
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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FTC Focus: When Green Goals And Antitrust Law Collide
A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.
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How Bankruptcy Law Caps Landlords' Rejected Lease Claims
With corporate bankruptcy filings for the first half of the year at a 15-year high, landlords should be prepared for commercial tenants to use the bankruptcy process to reject unwanted leases in order to lessen corporate footprints and improve liquidity, say attorneys at Mintz.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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How To Address Tariff-Related Risks In Commercial Contracts
Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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A New IP Game Plan For College Football Players
For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.
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11th Circ. Ruling Shows Federal Question Jurisdiction Limits
The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
The Fallout Of Drake's Defamation Suit Against UMG
Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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SDNY Ruling Reinforces Joint Steering Committee Obligations
The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.