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Commercial Contracts
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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.
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February 09, 2026
Crypto Investor's $16M Case Ousted From Chancery
The Delaware Chancery Court on Monday dismissed a cryptocurrency investor's lawsuit accusing a group of crypto entities and insiders of engineering a $16 million "pump and dump" scheme, ruling the claims were not properly brought in equity and belong, if anywhere, in the Delaware Superior Court instead.
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February 09, 2026
Insurer Fights To Keep Wrongful Death Coverage Suit Alive
A Liberty Mutual unit should be able to proceed with its suit over coverage for a healthcare company facing eight wrongful death actions, the insurer told a Texas federal court, saying the present action is the only one in which the question of coverage is presently and properly joined.
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February 09, 2026
NY Judge OKs $4M Bond While Wind Farm Case Is Appealed
A New York federal judge has stayed the enforcement of a judgment favoring a Chinese company against Orient Commercial Joint Stock Bank in a wind farm dispute as the Vietnamese bank appeals an earlier order, also approving a $4 million bond tendered with OCB's motion to stay.
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February 09, 2026
Catching Up With Delaware's Chancery Court
Delaware's chancellor has rejected a bid for dismissal of a derivative suit accusing Coinbase Global Inc. insiders of massively unloading shares ahead of a steep stock drop, stressing a special litigation committee's failure to meet independence standards.
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February 09, 2026
10th Circ. Ends Civil Rights Suit, Sanctions Atty For AI Errors
A self-represented Maryland attorney could not revive her $15 million racial discrimination suit against Denver-based Frontier Airlines after a Tenth Circuit panel found the district court had not erred in its dismissal, in a ruling that also sanctioned the lawyer for misusing generative artificial intelligence.
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February 09, 2026
Pullman & Comley Says Lender Can't Sue Over $16.2M Deal
Pullman & Comley LLC on Monday said a Connecticut judge lacks jurisdiction to hear legal malpractice and related claims from a lender that loaned $16.2 million to the corporate arm of a municipal housing authority, arguing the housing entity, not the lender, was its only client.
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February 09, 2026
Coal Exec Knew Egyptian Broker Paid Bribes, Jury Told
A former coal executive knew his Egyptian broker was passing along part of his commissions as bribes in exchange for $143 million in contracts, according to prosecutors' opening arguments Monday in his Pennsylvania jury trial for allegedly violating the Foreign Corrupt Practices Act — while his attorneys said he was simply in the dark.
Expert Analysis
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With Obligor Ruling, Ohio Justices Calm Lending Waters
A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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The Crucial Question Left Unanswered In EpicentRx Decision
The California Supreme Court recently issued its long-awaited decision in EpicentRx Inc. v. Superior Court, resolving a dispute regarding the enforceability of forum selection clauses, but the question remains whether private companies can trust that courts will continue to consistently enforce forum selection clauses in corporate charters, says John Yow at Yow PC.
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Why EpicentRx Ruling Is A Major Win For Business Certainty
The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Lessons From Liberty Mutual FCPA Declination
Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.
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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.