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Commercial Contracts
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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.
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February 25, 2026
Estate Documents Firm Accuses Rivals Of Trade Secrets Theft
Probate technology company Estate Documents Pro LLC filed a complaint in Arizona federal court alleging that former customers out of Texas misappropriated its software to launch a rival estate planning business.
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February 25, 2026
Atty Accused Of Insinuating Murder In NJ Food Biz Dispute
The widow of a New Jersey businessman asked a federal judge to sanction a plaintiff and his attorney in a contract‑based payout dispute, arguing they crossed a bright legal and ethical line by insinuating without evidence that she played a role in her husband's death.
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February 25, 2026
OppFi Nears Win Over Calif. Regulator's 'Rent-A-Bank' Case
A California state judge has preliminarily ruled that state regulators cannot treat Opportunity Financial's lending partnership with an out-of-state bank as an unlawful "rent-a-bank" scheme, potentially handing a major win to the fintech firm in a long-running legal battle over enforcement of California's interest-rate limits.
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February 24, 2026
9th Circ. Grants Atty Fee Appeal In Eye Drop Pricing Suit
District courts cannot reduce fee awards to attorneys based on a firm's size, the Ninth Circuit ruled in a published opinion Tuesday, sending a case back to a California federal court to recalculate attorney fees awarded to a "small" firm that represented wholesalers in a Robinson-Patman Act suit against eye drop manufacturers.
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February 24, 2026
Ex-Med School Dean Claims Fla. College Broke Work Contract
The former dean of Florida International University's medical school told a state court that the university breached his employment contract by refusing to pay him the salary promised in their agreement and undermined his independence.
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February 24, 2026
Insurance Row Judge Unsure If Co. Distinct From Owner
A North Carolina federal judge seemed perplexed by an argument making a distinction between a sole proprietorship and the person who owns it, telling an attorney for a young woman trying to collect a $10 million judgment from an insurer in her underlying sex abuse case that the entity "doesn't seem to legally exist."
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February 24, 2026
Texas Panel Skeptical That Doctor's Hands Are Property
A Texas appellate court appeared dubious at a claim that a doctor's hands count as personal property in a case accusing a state-owned hospital of healthcare negligence, asking Tuesday what to do with the state Supreme Court's instruction to narrowly construe waivers of sovereign immunity.
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February 24, 2026
Heirs Push DC Circ. To Rehear Nazi Art Expropriation Case
The descendants of a Hungarian Jewish art collector trying to recover a Nazi-looted art collection have asked the full D.C. Circuit to rehear their appeal, arguing that a three-judge panel of the court erred in affirming a lower court's dismissal of their lawsuit.
Expert Analysis
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Notable Q4 Updates In Insurance Class Actions
Last quarter featured a novel class action theory about car rental reimbursement coverage, another win for insurers in total loss valuations, a potentially broad-reaching Idaho Supreme Court ruling about illusory underinsured motorist coverage, and homeowners blaming rising premiums on the fossil fuel industry, says Kevin Zimmerman at BakerHostetler.
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USPTO Initiatives May Bolster SEP Litigation In The US
The U.S. Patent and Trademark Office's recent efforts to revitalize standard-essential patent litigation face hurdles in their reliance on courts and other agencies, but may help the U.S. regain its central role in global SEP litigation if successful, say attorneys at Axinn.
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If Your AI Vendor Goes Bankrupt: Tackling Privacy And 'Utility'
Because bankruptcies of artificial intelligence vendors will require courts to decide in the moment how to handle bespoke deals for AI tools, customers that anticipate consumer privacy concerns in asset disposition and questions about utility and critical-vendor classifications can be better positioned before proceedings, say attorneys at Sidley.
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Series
Trail Running Makes Me A Better Lawyer
Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.
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What Artists Can Learn From Latest AI Music Licensing Deals
Recent partnerships between music labels and artificial intelligence companies raise a number of key questions for artists, rightsholders and other industry players about IP, revenue-sharing, and rights and obligations, say attorneys at Manatt.
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If Your AI Vendor Goes Bankrupt: Keeping Licensed IP Access
With contracting norms still evolving to account for the licensing of artificial intelligence tools, customers that need to retain access to key AI products in the event of vendor’s bankruptcy should consider four elements that could determine whether they may invoke traditional Section 365(n) intellectual property protections, say attorneys at Sidley.
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Malpractice Claim Assignability Continues To Divide Courts
Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.
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Tips For Financial Advisers Facing TRO From Former Firm
The Eighth Circuit's recent decision in Choreo v. Lors, overturning a lower court's sweeping injunction after financial advisers moved to a new firm, gives advisers new strategies to fight restraining orders from their old firms, such as focusing on whether the alleged irreparable harm is calculable, say attorneys at Kutak Rock.
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Series
Teaching Logic Makes Me A Better Lawyer
Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.
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Series
Law School's Missed Lessons: Practicing Resilience
Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.
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NYC Bar Opinion Warns Attys On Use Of AI Recording Tools
Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.
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Series
The Biz Court Digest: Dispatches From Utah's Newest Court
While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.
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Aerospace And Defense Law: Trends To Follow In 2026
Some of the key 2026 developments to watch in aerospace and defense contracting law stem from provisions of this year's National Defense Authorization Act, a push to reform procurement, executive orders that announced Trump administration priorities, the upcoming Artemis space mission and continuing efforts to deploy artificial intelligence, say attorneys at Thompson Hine.
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4 Quick Emotional Resets For Lawyers With Conflict Fatigue
Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.
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2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction
The Fifth and Ninth Circuits recently handed down decisions, in Sanchez Energy and Sawtelle Partners, respectively, reminding practitioners that bankruptcy court jurisdiction over lingering disputes is not guaranteed, regardless of whether confirmation orders contain specific "retention of jurisdiction" language, says Brian Shaw at Cozen O’Connor.