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Commercial Contracts
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February 24, 2026
NC Judge Tosses 'Zombie Mortgage' Debt Collection Suit
A mortgage loan servicer and a trust succeeded in getting tossed a proposed class action brought by a North Carolina couple who claimed the entities tried to unlawfully collect interest and fees on their mortgage that was discharged in bankruptcy and then tried to foreclose on their home.
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February 24, 2026
Coinbase Asks Judge To Bar Ill. Action Over Event Contracts
Coinbase urged an Illinois federal judge Tuesday to grant an injunction blocking the state's enforcement of its gaming laws against the company's sports-related event contracts offerings, arguing that effort "falls right in the heartland of preempted state laws" and that such transactions can only be regulated by the U.S. Commodity Futures Trading Commission.
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February 24, 2026
Judge Won't Grant Win To Tech Co. In Accent Translation Case
A California federal judge has refused to grant a favorable judgment to Krisp Technologies Inc. in a case brought against it by Sanas.AI Inc. alleging the former stole trade secrets relating to an accent translation technology during a brief collaboration and is now infringing patents covering that technology.
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February 24, 2026
Pot Cos. Can't Reframe Loan Interest In Contract Suit
A New Jersey federal judge won't let a group of cannabis companies recharacterize their interest payments as principal payments to a lender they say falsely held them in default, saying the contract agreements don't support the claim.
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February 24, 2026
NC Justices Toss Lindberg's Bid To Stall $526M Judgment
North Carolina's top court Tuesday tossed a petition and motion to stay by embattled insurance mogul Greg Lindberg that challenged a $526 million judgment and arrest warrant against him, just one day after he filed the motions on his own behalf.
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February 24, 2026
Callagy Law Ex-Client Pushes For DQ In Firm's Countersuit
A former Callagy Law PC client has asked a New Jersey federal judge to disqualify the firm from representing itself in a countersuit responding to a 2023 legal malpractice matter, alleging their past representation precludes them from handling a matter adverse to him.
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February 24, 2026
Personal Injury Firm Fights Sanctions Bid In Swipe-Fee Case
A personal injury firm and its referral partner have pushed back against a sanctions bid from a class of merchants in a long-running antitrust litigation against Visa and Mastercard over swipe fees, arguing the plaintiffs are seeking "drastic relief" without a showing that any class member was harmed by allegedly misleading information the firm gave them.
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February 24, 2026
Biotech Co.'s Ex-CEO Calls $816K Atty Fee Demand 'Padded'
Fox Rothschild LLP should receive no more than $200,000 in fees and costs for its successful prosecution of a breach of contract and conversion suit against a former biotech executive, the defendant told a Connecticut court in pushing back on a request for nearly $816,000.
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February 24, 2026
Pro Se Atty Asks 10th Circ. To Rehear Frontier Bias Suit
A self-represented attorney asked the Tenth Circuit on Monday to reconsider its decision to back the lower court's dismissal of her racial discrimination lawsuit against Frontier Airlines, arguing that a panel misread her allegations that gate agents mocked her Indian accent and denied her boarding.
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February 24, 2026
Calif. Firm Says Texas Immunity Law Blocks $11M Fee Suit
A California law firm is urging an Austin federal judge to dismiss claims that it participated in unlawfully withholding $11 million in attorney fees from a Texas law firm that allegedly helped secure a nine-figure verdict against Walmart, arguing a Texas immunity law protects the Golden State firm from being held liable to non-clients.
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February 24, 2026
NC Firm Says Insurers Shirked Coverage For Forgery Loss
A North Carolina law firm has sued its insurers over coverage for nearly $130,000 it lost as a result of a forged cashier's check and related wire transfer, saying the carriers wrongfully denied coverage despite ample evidence supporting its claim.
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February 23, 2026
NC Hotel Bedskirt Biz Spat Pared After Rocky Trial Start
A North Carolina Business Court judge on Monday pared certain claims from a corporate mismanagement suit on the first day of trial after hours of testimony from a minority member who accused the majority owner of defrauding the business, following a benchslap in which the judge chewed him out for his tardiness.
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February 23, 2026
Flyers Seek TRO In Alaska-Hawaiian Merger Antitrust Suit
Airline passengers are urging a Hawaii federal judge to preserve Hawaiian Airlines as a standalone carrier, contending in a recently revived antitrust lawsuit that Hawaiian's 2024 merger with Alaska Airlines has harmed consumers with higher fees, reduced routes and eroded frequent flyer rewards.
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February 23, 2026
Disney Slams Dish's Antitrust Counterclaims In Sling TV Suit
The Walt Disney Co. and ESPN urged a New York federal court to toss Dish Network's antitrust counterclaims accusing Disney of forcing it to carry less desirable channels in order to gain access to the "must-have" ESPN, saying Dish's refusal to adapt as streaming platforms evolve is not Disney's fault.
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February 23, 2026
Court Rejects $5.8M Fee Bid In Puerto Rico Funds Case
A Puerto Rico federal judge denied an investment firm's bid for $5.8 million in attorney fees after the firm brought successful countersuit claims against investors, finding that the commonwealth's corporations law, which governs the case, prohibits legal fees absent a finding of obstinacy.
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February 23, 2026
American Airlines' Contract Battle With JetBlue Stays In Texas
The Texas Business Court has denied a bid by JetBlue to escape a lawsuit alleging the airline neglected to pay American Airlines money it owed as a part of a profit-sharing agreement, finding the court has jurisdiction to hear the case.
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February 23, 2026
Pickleball Paddle Maker Can't Shake Fraud Claims
A Maryland federal judge denied a pickleball paddle maker's attempt to dodge USA Pickleball Association claims alleging that it submitted a prototype paddle for approval yet later made and sold a more powerful paddle that was never tested or approved.
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February 23, 2026
Insurer Found In Breach Of Duty In Timeshare Exit Co. Case
Insurer RSUI Indemnity Co. Inc. breached its duty to defend timeshare exit company Reed Hein & Associates LLC from class claims that it engaged in deceptive practices and defrauded customers, a Washington federal judge said in a mixed summary judgment ruling.
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February 23, 2026
Firm Waived Arbitration When It Filed Fee Suit, Ga. Panel Says
The Georgia Court of Appeals has reversed a trial court's order sending a fee dispute between litigation firm Herman Jones LLP and an ex-client to arbitration, ruling Monday that there's "no clearer act" waiving the arbitration provision than the firm's decision to file a lawsuit instead.
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February 23, 2026
Tempur-Pedic Maker Hits Mattress Seller With TM Suit
The "world-famous" trademarks Tempur-Pedic and Sealy are being violated by a small mattress seller that is continuing to use the marks well beyond the end of a retail agreement, Sealy Technology LLC told a North Carolina federal court.
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February 23, 2026
Outdoors Co. Says Investor Allowed Trademark Rights Sale
A Nevada investment company and two of its officers breached their contract with Colorado-based outdoor recreation company Exxel Outdoors LLC and allowed an unauthorized sale of Exxel's trademark rights to occur without notice, it alleged in Colorado state court.
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February 23, 2026
Catching Up With Delaware's Chancery Court
Legal fee feuds, noncompete pact breach fights and post-closing "earnout" battles piled up in Delaware's equity and commercial law venues last week, with top jurists briefing lawmakers on efforts to better manage crowded dockets and expanded benches.
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February 23, 2026
Fed. Circ. Revives Cell Modem Patent Case
The Federal Circuit on Monday reversed a Minnesota federal court's decision that two patents covering cellular modem technology were invalid, but refused to revive the patent owner's breach of contract claims.
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February 23, 2026
5th Circ. Says Atty Fee In Architecture IP Case Wasn't Explained
The Fifth Circuit has vacated a $500,000 attorney fee award granted to the legal team representing a realty firm that was accused of infringing copyrighted designs for a senior living facility, finding that a federal judge had not explained the calculation behind that amount.
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February 23, 2026
Pretium's Ch. 11 Prepack Confirmed Over Opt-Out Objection
Pretium Packaging LLC received approval Monday in New Jersey bankruptcy court for its prepackaged Chapter 11 plan of reorganization after a judge said an opt-out mechanism for third-party releases is a permitted means of gaining consent from creditors.
Expert Analysis
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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Texas' Cactus Ruling Clarifies 'Produced Water' Rules
The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.
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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.