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Commercial Contracts
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February 11, 2026
Latham Adds Kirkland, Winston & Strawn Litigators In Texas
Latham & Watkins LLP has strengthened its complex commercial litigation practice with two new partners in the Lone Star State, one arriving from Winston & Strawn LLP and the other coming aboard from Kirkland & Ellis LLP.
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February 11, 2026
Del. Developer Accuses Ex-GC Of Drafting 'Unfair' Agreements
Real estate development and management company Harvey Hanna & Associates Inc. has sued its former general counsel in Delaware Chancery Court, accusing him of using his position to draft documents that unfairly gave him ownership stakes in several related companies.
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February 11, 2026
CCA Gets OK On Ch. 11 Plan After Bahamas Developer Deal
A New Jersey bankruptcy judge Wednesday signed off on Chinese state-owned firm CCA Construction Inc.'s Chapter 11 plan, months after the debtor reached a settlement with a Bahamian resort developer whose $1.6 billion court win sent CCA into bankruptcy.
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February 11, 2026
Pot Investor Sues Attys Over Securities Suit Loss
A cannabis company investor is suing his former attorneys in Washington state court, alleging he lost a Washington Securities Act suit because of their failure to object to the defendant's arguments and didn't tell him about his case's dismissal.
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February 10, 2026
Oil Terminal Ownership Was Undisputed, Texas Jury Told
An international investor told a Texas Business Court jury Tuesday that the trio of business partners looking to edge him out of Gulf Coast crude terminal project had never previously objected to his 20% stake or his monthly six-figure paychecks for helping secure financing.
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February 10, 2026
5th Circ. Says Bank Worker's ERISA Claims Can Be Arbitrated
The Fifth Circuit on Tuesday held that a former employee at a Texas-based bank must arbitrate his proposed class claims accusing the bank of failing to invest retirement funds, reversing a lower court's finding that the arbitration clause didn't apply to him because it was added after his employment ended.
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February 10, 2026
Valve's Trial Against Accused Patent Troll Begins In Seattle
Valve Corp. told a Seattle federal jury Tuesday that inventor Leigh Rothschild and his intellectual property firms spent years "harassing" the video game company over patents it was already licensed to use in pursuit of a bigger payout, pressing play on a trial that will test Washington's Patent Troll Prevention Act.
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February 10, 2026
Swipe-Fee Class Wants Personal Injury Firm Sanctioned
A class of merchants in a lengthy antitrust litigation against Visa and Mastercard is seeking sanctions against a personal injury firm and one of its referral partners, arguing the third-party entities have repeatedly misled would-be class members about the case's settlement and how much recovery they might receive.
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February 10, 2026
'What I Like About You' Bandmates Seek End To Royalty Spat
The founding guitarist of The Romantics asked a federal judge to either appoint a receiver or dissolve the company that manages the "What I Like About You" performers' finances, as his bandmate argued it's time for a judge to put an end to "meritless" self-dealing accusations.
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February 10, 2026
Feds Say 50 Cent's Liquor Boss Violated Fraud Plea Deal
Federal prosecutors said a former executive at rapper Curtis "50 Cent" Jackson's liquor brand violated a fraud plea agreement by requesting a sentence of one year in home confinement, arguing he had already agreed to spend more than two years behind bars.
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February 10, 2026
Amazon Calls FTC Allegations Of Hidden Documents 'Reckless'
Amazon.com assailed the Federal Trade Commission for accusing it of using auto-deleting Signal chats and improper privilege claims to hide evidence of rules that created an artificial pricing floor across online retail stores, asking a Washington federal judge to appoint a special master to handle the "inflammatory, close-of-discovery filings."
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February 10, 2026
Delaware Justices Bar Damages For Invalid Noncompetes
The Delaware Supreme Court on Tuesday affirmed a Delaware Chancery Court ruling that barred Fortiline Inc. and its parent, Patriot Supply Holdings Inc., from recovering damages for breaches of noncompete and nonsolicitation agreements that had already been deemed unenforceable.
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February 10, 2026
Texas Justices Unsure Appraisal Is Avoidable In $40M Claim
The Texas Supreme Court on Tuesday wanted to know why the owner of a building that allegedly suffered over $40 million worth of damage after extreme flooding should get to avoid an appraisal its insurer demanded, noting that the owner had already agreed to it.
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February 10, 2026
NC Justices Told Not To Disturb Lindberg's $122M Penalty
A group of insurance companies that say convicted billionaire Greg Lindberg is responsible for their "financial ruin" are fighting to keep in place a $122 million contempt order against him, telling North Carolina's highest court there's no compelling reason to review the decision.
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February 10, 2026
Astellas Gets $90M From Lupin In Myrbetriq Patent Deal
Generic-drug maker Lupin Pharmaceuticals has inked a deal to pay $90 million to settle claims that it infringed patents held by rival Astellas Pharma Inc. covering name-brand bladder drug Myrbetriq.
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February 10, 2026
Title Insurer Gets Lender's Fraudulent Loan Suit Trimmed
A North Carolina federal court trimmed a mortgage lender's suit seeking to recoup $540,000 from a title insurer for a loan that a borrower claimed was fraudulent, saying the insurer had no duty to indemnify the lender because the loss fell within an exclusion for third-party fraud.
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February 09, 2026
Ex-Morgan Stanley Pro Scorns Key NBA Witness In Fraud Trial
Counsel for an ex-Morgan Stanley investment adviser accused of defrauding pro athletes out of millions of dollars leaned hard on former NBA player Chandler Parsons in cross-examination after he testified against his onetime friend and go-to money man as the defense sought to discredit one of the government's key witnesses.
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February 09, 2026
6th Circ. Revives Drexel's Herbicide Contract Beef With Gowan
The Sixth Circuit on Monday held that a Tennessee federal court misinterpreted a profit-sharing agreement resolving an herbicide product registration dispute between Drexel Chemical Co. and Gowan Co. LLC, siding with Drexel on when the agreement terminated and reviving Drexel's suit over it.
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February 09, 2026
Afni Faces Class Action Over Alleged Misleading Claim Letters
Debt collector Afni Inc. has been accused of trying to dupe people into paying "unadjudicated" damage demands by sending auto crash claim letters disguised as collection notices, according to a proposed class action that the Illinois-based company removed to Seattle federal court on Friday.
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February 09, 2026
Jury Seated For Texas Business Court's First Trial
The first-ever jury in the Texas Business Court was seated Monday evening, setting the stage for a trial in which an investor seeks to enforce his purported ownership in an oil export terminal project on the Gulf Coast.
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February 09, 2026
9th Circ. Sides With Forest Service In $33M Ore. Wildfire Suit
A Ninth Circuit panel Monday threw out a lawsuit from two Oregon lumber companies that accused the U.S. Forest Service of bungling its response to a 2020 wildfire in the Willamette National Forest, ruling that the agency can't be sued because it was acting within its discretion.
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February 09, 2026
Michael Bay Says GM Stole His Cadillac Super Bowl Ad Ideas
Hollywood blockbuster director Michael Bay has filed a multimillion-dollar lawsuit against General Motors and others in Los Angeles Superior Court, claiming the auto giant ripped off his ideas for its Cadillac Formula 1 Super Bowl commercial.
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February 09, 2026
Colo. Judge Denies Tenant's Bid To Reinstate Airport Lease
A federal judge declined to reinstate a lease terminated by the city of Pueblo, Colorado, over the construction and management of hangars at the Pueblo Memorial Airport, denying a tenant's request for a preliminary injunction.
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February 09, 2026
9th Circ. Backs Comerica's Escape From Investor Suit
The Ninth Circuit backed Comerica's win in an investor dispute led by a pension fund accusing the bank of misleading investors about its oversight of a U.S. Department of the Treasury contract, concluding a California federal judge was right to permanently toss the case for failure to state a claim.
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February 09, 2026
Tribal Corp. Says Colorado Consultant Misused Trade Secrets
An Alaskan tribal corporation is suing a Colorado consultant and her firm, alleging that she used its trade secret information to attempt to lure government contracting clients away by publicly advertising the data and claiming it as her own.
Expert Analysis
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Florida Case Could Redefine Construction Defect Damages
If a Florida appellate court overturns the trial court in a pending construction contract dispute, the state could experience a seismic shift in construction defect damages, effectively leaving homeowners and developers with an incomplete remedy, says Andrew Gold at Akerman.
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Indemnity Lessons From Mass. Construction Defect Ruling
The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' statute of repose, should spur design and construction professionals to negotiate limited provisions, says Christopher Sweeney at Conn Kavanaugh.
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When Reshoring, IP Issues Require A Strong Action Plan
With recent headlines highlighting tariffs as high as 3,521%, more firms will contemplate reshoring manufacturing to the U.S., and they will need to consider important intellectual property issues as part of this complex, expensive and lengthy undertaking, say attorneys at Norton Rose.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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4 Strategies For De-Escalating Hospitality Industry Disputes
As recent uncertainty in the travel business exacerbates the risk of conflict in the hospitality sector, industry in-house counsel and their outside partners should consider proactive strategies aimed at de-escalating disputes, including preserving the record, avoiding boilerplate clauses and considering arbitration, say Randa Adra at Crowell and Stephanie Jean-Jacques at Hyatt.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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'A Deal Is A Deal': Tariffs No Excuse To Dodge Contract Terms
Tariff policy uncertainty is unlikely to be a basis for allowing a party to avoid contractual obligations, but businesses can still plan for future disputes related to pricing, operations and the supply chain, including with the addition of tariffs to any force majeure provision, say attorneys at Arnold Porter.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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3 Mistakes To Avoid In Service Provider AI Terms
Every service provider contract doesn't need extensive artificial intelligence provisions, because when poorly drafted, they create impracticable obligations, miss important distinctions and may reflect wrong understanding of the law, says Chris Wlach at Huge Inc.