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Commercial Contracts
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February 17, 2026
Jackson Lewis Adds Employment Pro From Gordon Rees
Jackson Lewis PC expanded its employment litigation practice with the addition of principal David W. Silke, who joined the firm's Seattle office after nearly 18 years with Gordon Rees Scully Mansukhani LLP.
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February 17, 2026
Founders Made Fish Farming Co. Go Belly Up, Court Told
The president of a defunct fish farming company told a Texas federal judge that its founders misappropriated and then squandered $90 million worth of debt and equity, saying during a Tuesday bench trial that the layers of their deceit were "like an onion."
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February 17, 2026
Wash. Bank Ignored Ponzi Scheme Warnings, Investors Say
Investors have urged a Washington federal judge not to toss their suit accusing Columbia Bank of keeping a real estate investment firm's $230 million Ponzi scheme afloat by maintaining the enterprise's accounts even when evidence of fraud surfaced, arguing there is ample factual evidence showing that the bank knew about the scheme and assisted in it.
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February 17, 2026
Flat Fee Or Contingency? Firm, Ex-Client Fight Over IP Spoils
A 3D printing technology company has urged a Washington federal court to toss a breach of contract lawsuit brought by its former law firm, Lee & Hayes PC, arguing it agreed to a flat fee ahead of a patent settlement, while Lee & Hayes accused its former client of "underhanded misrepresentations" and denied waiving its contingency fee arrangement.
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February 17, 2026
Ga. Panel Says Union Shorted Cop's Defense Over Shooting
A Georgia appellate panel on Tuesday upheld a trial court's ruling that a police union breached its contract with a former Atlanta officer by failing to furnish him with legal representation after a high-profile shooting, clearing the way for the case to proceed to trial.
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February 17, 2026
NC Justices Asked To Undo Earth Fare Founder's $195K Award
Organic supermarket chain Earth Fare and its post-bankruptcy owner told North Carolina's top court on Tuesday that its founder can't recover damages for work he was salaried to do while revitalizing the brand, saying the justices should unravel a $195,000 unjust enrichment verdict in his favor.
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February 17, 2026
Fla. Apt. Owners Reach Deal In Construction Defect Suit
The owners of a Florida apartment complex reached an agreement with contractors to settle a construction defect lawsuit before a state court jury awarded $8.6 million in damages after finding the building had deteriorated prematurely.
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February 17, 2026
Pepsi And Walmart Inflated Soda Prices, ND Businesses Say
Pepsi and Walmart devised a plan to inflate prices for Pepsi soft drinks above competitive levels, two North Dakota businesses said in a proposed class action in New York federal court that alleges the companies violated federal antitrust laws.
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February 17, 2026
Coal Exec 'Had No Ability' To OK Paying Bribes, Jury Told
A former coal executive's defense in a Foreign Corrupt Practices Act case could hinge on whether a jury believes a law professor's opinion that the Al Nasr Co. for Coke and Chemicals was officially owned by the Egyptian government and whether the executive "authorized" payments allegedly used to bribe Al Nasr officials, according to closing arguments in a federal trial Tuesday.
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February 17, 2026
CoStar Rival Urges High Court To Reject Antitrust Appeal
A rival accusing CoStar of blocking competition for commercial real estate listing services is urging the U.S. Supreme Court not to review a ruling that revived the rival's counterclaims, saying that CoStar just disagrees with how the appeals court viewed the allegations.
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February 17, 2026
Kraft Heinz To Face Damages Bid In Factory Upgrade Row
A Pennsylvania federal judge has ruled that Kraft Heinz Co. contributed to delays in a construction project at one of its facilities by rushing the contractor and frequently changing the plans, holding that Industrial Power Systems Inc. sufficiently showed that it suffered damages from the delays.
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February 17, 2026
Valve Jury Says Rothschild, Atty Broke Anti-Patent Troll Law
Inventor Leigh Rothschild, his companies and his former attorney broke Washington state's anti-patent trolling law by making a bad faith assertion of patent infringement against video game developer Valve Corp., and Rothschild and his companies breached an intellectual property licensing deal in the process, a Seattle federal jury found on Tuesday.
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February 17, 2026
Packaging Co. Says Stiiizy Owes $7M On Breached Contracts
All Packaging Co. LLC is suing Stiiizy Inc., alleging in California federal court that the cannabis company is in breach of a pair of contracts and has failed to pay around $7 million under those agreements.
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February 17, 2026
Fox's $5.8M IP Win Unaffected By New Email Service Ruling
A recent Second Circuit decision barring email process service will not disturb a New York federal court's $5.8 million award to Fox Corp. in its feud with Mexican media companies after the judge on Tuesday drew key distinctions between the cases.
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February 17, 2026
Kids Cup Brand Says Testing Co. Missed High Lead Levels
A Massachusetts testing firm failed to identify higher-than-allowed lead levels in a line of stainless steel tumblers marketed for children, leading to a recall of about 400,000 cups, the brand's owner alleged in a state court complaint docketed Tuesday.
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February 17, 2026
J&J Fights Beasley Allen's Bid To Pause Talc DQ Ruling
A New Jersey state court lacks standing to block an appellate panel's removal of Beasley Allen from representing hundreds of women with ovarian cancer pursuing claims against Johnson & Johnson over talcum powder, the pharmaceutical company has argued in an opposition brief.
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February 17, 2026
BBQ Co. ESOP Members Urge Trial Despite DOL's $15M Deal
A certified class of participants in a barbecue company's employee stock ownership program is seeking assurance that a $15 million settlement among the U.S. Department of Labor, the company's executives and the ESOP's caretaker won't affect a coming trial on the matter.
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February 17, 2026
Edwards Sued In Chancery Over $300M Heart Valve Earn-Out
The former shareholders of Valtech Cardio Ltd. have sued the company and its parent Edwards Lifesciences Corp. in the Delaware Chancery Court, accusing the medical device giant of deliberately stalling development of a heart valve repair system to avoid paying up to $300 million in earn-out consideration tied to the 2016 acquisition.
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February 13, 2026
FTC's Agent Probe Reveals Latest NCAA Growing Pains
The NCAA's decision to allow college athletes to earn marketing and advertising dollars has the organization preparing for yet another sea change: a potential heavier hand from the government in its effort to police predatory sports agents.
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February 13, 2026
Duane Morris Adds Cross-Border Real Estate Pro In Dallas
Duane Morris LLP announced that the firm has added a cross-border real estate pro from Bell Nunnally & Martin LLP to the firm's Dallas office, noting that the newest partner is licensed to practice in both Texas and Mexico.
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February 13, 2026
DC Circ. Refuses To Revive $53M Iraq Debt Suit
Iraq did not waive its sovereign immunity when its government officials told a Jordanian company to sue for enforcement of a $53 million debt Iraq owed, the D.C. Circuit said in an opinion published Friday.
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February 13, 2026
Chewy Settles Antitrust Claims Over Elanco Flea & Tick Meds
Chewy has reached a settlement with consumers in a case accusing Elanco Animal Health Inc. of paying several pet supply retailers not to stock generic versions of its Advantix topical flea and tick prevention drugs.
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February 13, 2026
9th Circ. Nixes Chase Atty Fees In Wrongful Garnishment Suit
The Ninth Circuit has partly revived a suit accusing Chase Bank NA and a debt-collector law firm of illegally garnishing Social Security funds from an Arizona man's retirement accounts, ruling they should have known that the funds were immune from garnishment.
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February 13, 2026
DTE, Consumers Energy Defend $394M Verdict In Plant Spat
DTE Electric and Consumers Energy Co. are asking a Michigan federal judge to uphold their $394.4 million jury verdict against a Toshiba Corp. subsidiary, reiterating that evidence supported the jury's findings and rejecting claims that trial arguments improperly swayed jurors.
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February 13, 2026
5 Cattle Trading Co. Workers Charged In $220M Fraud Scheme
Five employees of a defunct cattle trading company were charged in Texas federal court with defrauding over 2,000 victims in a $220 million Ponzi-like scheme where they falsely promised to spend investor money on raising cattle but used it to pay off prior investors, loans and personal expenses.
Expert Analysis
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Navigating Potential Sources Of Tariff-Related Contract Risk
As the tariff landscape continues to shift, companies must anticipate potential friction points arising out of certain common contractual provisions, prepare to defend against breach claims, and respond to changing circumstances in contractual and treaty-based relationships, say attorneys at Debevoise.
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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.