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Commercial Contracts
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March 31, 2026
Reddit's AI Scraping Suit Sent Back To State Court
A California federal judge has ordered that a case brought by Reddit Inc. claiming Anthropic PBC improperly gathered user content to train its large language models be sent back to state court, finding that each of Reddit's allegations have extra elements that defeat federal preemption.
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March 31, 2026
Beasley Allen Seeks Stay Of DQ In Federal J&J Talc MDL
The Beasley Allen Law Firm asked a New Jersey federal court on Monday to hold off on disqualifying it from talc litigation against Johnson & Johnson while it appeals the disqualification order which it called "unprecedented and incorrect."
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March 31, 2026
Libre Sale Voided Under $811M CFPB, State AG Judgment
A Virginia federal judge has overturned the sale of an immigration bond company found liable for predatory lending practices, ruling the transaction knowingly violated the terms of an $811 million judgment entered just days before the deal was signed.
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March 31, 2026
Lack Of Harm Dooms Ex-Estate Firm Partner's Bid For Notices
The founding partner of a trusts and estates law firm lost his bid to have the North Carolina Business Court order the firm to notify thousands of clients of his departure and hand over their contact information, with the judge ruling the lawyer failed to show he suffered irreparable harm.
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March 30, 2026
$432M Damages 'Flawed,' NGL Co. Says In Biz Court Trial
A group of affiliated natural gas liquid entities operating in western Texas challenged damages claims worth over $400 million against them on Monday in Texas Business Court, saying that the method to calculate the damages amount is not up to par with state law.
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March 30, 2026
Law Firm Blew Fraud Suit Against Ex-Partners, Pot Co. Says
A law firm overbilled, underworked and generally dropped the ball in a fraud suit brought by a cannabis cultivator and manufacturer against ex-business partners, the company told a California state court, saying it's seeking at least $500,000 from the firm.
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March 30, 2026
5th Circ. Seems Open To Reviving Eyemart Class Action
A Fifth Circuit panel seemed open to reviving a class action accusing glasses retailer Eyemart Express LLC of selling sensitive personal health information to social media giant Meta, asking Monday why dismissal was appropriate given the complexity of the case.
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March 30, 2026
Burford Considers Arbitration After 2nd Circ. Tosses $16B Win
Burford Capital Ltd. says it is contemplating taking its $16 billion fight with Argentina into international arbitration after the Second Circuit wiped out a judgment the litigation funding firm had won against the nation in New York federal court, sending its stock prices tumbling.
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March 30, 2026
5th Circ. Hesitant To Revive CrowdStrike Class Action
A panel of the Fifth Circuit wanted counsel for a group of passengers who sued cybersecurity company CrowdStrike Inc. after their flights were delayed or canceled during a crippling IT outage to explain who else could get sued under their liability theory, weighing Monday whether the Airline Deregulation Act bars the claims.
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March 30, 2026
Trade Group Backs Insurers In Tanger's COVID Coverage Row
The trade organization American Property Casualty Insurance Association is urging North Carolina's justices to reverse an order adverse to a pair of insurers in a $50 million COVID-19 coverage fight, arguing in an amicus brief that the order permits the "absurd" result of one of the state's statutes and its case law applying nationwide.
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March 30, 2026
Georgia Firm Says 'Corporate Mole' Aided Archetype Capital Suit
An Atlanta-area law firm has accused a Nevada litigation funder of using cloak-and-dagger methods and an "attorney turned corporate mole" to steal the firm's toxic tort trade secrets, only to make a "heel turn" and play the victim by suing the law firm last year.
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March 30, 2026
Patent Monetization Co. Looks To Sink $32M Arbitration Award
A patent monetization firm has sued a litigation funder and law firm Susman Godfrey LLP in Texas federal court, seeking to vacate an arbitration award that it says was riddled with errors.
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March 30, 2026
Former Intel Engineer Fights Trade Secret Suit
A former Intel engineer has asked a Washington federal court to dismiss a lawsuit alleging he stole nearly 18,000 files before his employment was terminated in July, saying he wasn't properly notified of the case and responded promptly when he found out about it.
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March 30, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court's docket this past week featured disputes involving globally recognized companies, high-dollar contract fights, revived claims from the state's high court and the resolution of a closely watched de-SPAC case.
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March 30, 2026
Tilray Accused Of Dodging $11M In Bob Marley Royalties
Multistate cannabis giant Tilray owes more than $11 million in royalty payments for using Bob Marley's brand in connection with marijuana products, according to a new lawsuit filed in Delaware Chancery Court.
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March 30, 2026
Churchill Downs Kicks Texas Betting Fight To Federal Court
A dispute over Texans' ability to bet on out-of-state horse races is headed to federal court after Churchill Downs Inc. booted the case out of state court Monday, arguing that it is clearly a cross-state dispute.
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March 30, 2026
AIG Unit Owes Law Firm For Defending CEO, Fla. Jury Told
A lawyer told Florida jurors in a federal trial Monday that an AIG unit owes him more than $1 million in costs for defending a sports memorabilia company's former CEO against securities violations, saying the insurer broke a contract to pay his firm for legal services.
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March 30, 2026
TriZetto's $70M Trade Secret Verdict Upheld, Total Award Cut
A New York federal judge has upheld a $70 million compensatory damages verdict for the TriZetto Group in a long-running trade secret fight against Syntel Inc., while also cutting punitive damages to about $140 million and awarding TriZetto more than $12 million in attorney fees.
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March 30, 2026
J&J Unit Wants Forensic Exam Of Ex-Director's Devices
A Johnson & Johnson subsidiary urged a New Jersey federal court to order a former associate director to submit to a court-supervised forensic inspection of any device or account in which she could have stored confidential information it claims she downloaded in order to start her own competing company.
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March 30, 2026
Judge Cites 'Game Of Thrones,' Pans Testimony In Rent Case
A Boston landlord is entitled to unpaid rent for a restaurant near Fenway Park, a state court judge found in a colorful order that cited "Game of Thrones" and largely ignored the testimony of attorneys called as witnesses for each side who sounded like "bunkered belligerents."
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March 30, 2026
Deloitte Must Face Suit Over Philanthropists' Tax Bill
Deloitte lost its bid to avoid a June trial in a dispute over the accounting firm's handling of a $77 million share repurchase and planned charitable transfer that allegedly led to an unexpected tax bill for Boston-area developers and philanthropists William and Joyce Cummings.
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March 27, 2026
Live Nation Beat Rivals With Better Tech, Jury Hears
A former executive for AEG Presents on Friday testified that his former employer's ticketing system was subpar to that of Live Nation's Ticketmaster, as counsel for the latter portrayed the live entertainment giant's dominant position in the market as a natural result of its superior services to clients.
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March 27, 2026
Timeshare Exit Patrons Seek Wash. Justices' Insurance Input
Former Timeshare Exit Team customers who claim the now defunct firm's insurers failed to defend it from a consumer protection class action that yielded a $630 million deal have suggested that a Seattle federal judge request clarity from the Washington State Supreme Court on certain coverage questions.
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March 27, 2026
Texas Justices Pass On Uri Suits Targeting Power Suppliers
The Texas Supreme Court on Friday turned down a bid to revive claims that power plant companies' negligent handling of equipment and staff harmed electric consumers during a deadly winter storm in 2021.
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March 27, 2026
Uber Crash Liability Case Review Denied By Texas High Court
The Texas Supreme Court on Friday declined to review a case brought by passengers injured in a car crash during a trip arranged through Uber Technologies Inc.'s app, leaving intact a lower court ruling rejecting their liability claims and finding that the company's drivers are independent contractors under state law.
Expert Analysis
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How The New Tariff Landscape May Unfold
To replace tariffs formerly imposed under the International Emergency Economic Powers Act, the administration will rely on a patchwork of statutes, potentially leading to procedural challenges and a complex tariff landscape with varying levels, durations and applicability, says Joseph Grossman-Trawick at King & Spalding.
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What GCs Should Keep In Mind When Developing AI Addenda
When general counsel develop their own customer-side artificial intelligence addenda to be used as the baseline for negotiations with AI vendors, they should take care to rightsize the addenda relative to their organization's size, complexity and bargaining power, say attorneys at Polsinelli.
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2nd Circ. Kazakh Ruling Clarifies RICO Rule, FSIA Exception
The Second Circuit's recent Yerkyn v. Yakovlevich ruling, dismissing a Racketeer Influenced and Corrupt Organizations Act claim, demonstrates that RICO's domestic injury requirement is a merits question, and reaffirms the Foreign Sovereign Immunities Act's commercial activity exception, says Brant Kuehn at Greenspoon Marder.
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Character.AI Case Highlights Agentic AI Liability Questions
The recently settled litigation against Character Technologies Inc. provides an early case study for exploring salient legal issues related to agentic artificial intelligence, such as tort liability, strict liability, statutory liability and contractual liability, says Samuel Mitchells at Smith Gambrell.
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How DOL Rule Would Preserve App-Based Contractor Work
The U.S. Department of Labor's proposed 2026 independent contractor rule reinforces the centrality of worker autonomy and entrepreneurial opportunity that characterize many app-based arrangements, and returns to a framework that may offer increased predictability for platforms and workers alike, say attorneys at Gibson Dunn.
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Series
Volunteering With Scouts Makes Me A Better Lawyer
Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.
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Compliance Takeaways Amid Subscription Practices Scrutiny
The Federal Trade Commission's prioritization of enforcement regarding deceptive billing and cancellation practices in recurring subscriptions, and new click-to-cancel rulemaking expected on the horizon, carry key takeaways for companies using recurring subscriptions to sell products or services, say attorneys at Arnold & Porter.
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Series
Law School's Missed Lessons: In Court, It's About Storytelling
Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.
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What Kalshi Cases Reveal About State Authority, Regulation
Prediction markets like Kalshi have ignited complex legal battles that get to the heart of how novel financial products intersect with traditional state enforcement authority, and courts are already beginning to divide over whether federal law preempts state enforcement authority restricting these offerings, say attorneys at Holtzman Vogel.
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What US Arms Sales Reforms Mean For Defense Industry
A recent executive order with the goal of increasing U.S. arms sales transparency, speed and government-industry collaboration carries both promise and risk for the defense industry as the government seeks to leverage the private sector and use commercial products for defense purposes, say attorneys at Fluet.
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How Recent Del. Rulings Clarify M&A Deal Fraud Carveouts
Two recent Delaware decisions have provided clarity regarding when a party can or cannot rely on representations made during the course of an M&A transaction, particularly on the scope and enforceability of antireliance provisions, and on representations they knew or should have known were false, says Anthony Boccamazzo at Olshan Frome.
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Aligning Microsoft Tools With NYC Bar AI Recording Guidance
The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from January and identifies practice tips from cases involving allegations of violations of consumer fraud regulations, the Fair Credit Reporting Act, employment law and breach of contract statutes.
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5 Different AI Systems Raise Distinct Privilege Issues
A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.
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After Learning Resources: A Practical Guide For US Importers
Following the U.S. Supreme Court's Feb. 20 decision in Learning Resources v. Trump, U.S. importers and consumers on whom tariffs were imposed under the International Emergency Economic Powers Act can seek relief through existing administrative procedures or a yet-to-be-determined bespoke refund mechanism, and should plan for more changes in the tariff landscape, say attorneys at Baker Botts.