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Commercial Contracts
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January 13, 2026
Emails Show Deceit In Medicare Advantage Deal, NC Court Told
Internal documents from Atrium Health Inc. show the company never intended to follow through on a partnership for a new Medicare Advantage health plan with a plan provider who spent tens of millions of dollars to get it off the ground, the providers' counsel told a North Carolina Business Court judge Tuesday.
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January 13, 2026
Finnish Sports Co., NHL Agent Settle Arbitration Dispute
A Finnish sports management company has settled its suit seeking to collect $1.2 million in arbitration awards from its former American partner in a deal to develop and manage National Hockey League players, the parties told a Massachusetts federal judge Tuesday.
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January 13, 2026
5th Circ. Urged To Revive Southwest 737 Max Overcharge Suit
Consumers have urged the Fifth Circuit to revive their claims alleging Southwest Airlines overcharged them for riskier flights on Boeing 737 Max 8 jets, saying they've asserted a classic benefit-of-the-bargain injury that gives them standing to sue.
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January 13, 2026
Beasley Allen Talc Work Sends 'Bad Signal,' J&J Says
Johnson & Johnson's talc unit told a New Jersey appeals panel on Tuesday that a lower court's ruling permitting Beasley Allen Law Firm attorneys to represent plaintiffs in multicounty litigation over its talc-based baby powder "sends a very bad signal" to the state bar.
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January 13, 2026
HVAC Supplier Says Ex-Shareholders Defected To Rivals
Two former shareholders in a Pittsburgh company supplying pumps, boilers and other commercial heating and cooling equipment violated a noncompetition agreement after selling their stakes and going to work in the same field, the company alleged in a Pennsylvania state court lawsuit.
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January 12, 2026
5th Circ. Won't Revive TMX's Texas Challenge To $52M Pa. Fine
An affiliate of consumer lender TMX Finance can't use Texas federal courts to challenge the enforcement of Pennsylvania's consumer lending interest rate cap by the Keystone State's financial regulator, the Fifth Circuit has determined.
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January 12, 2026
Oil Businessmen Look To Arbitrate $650M Ecuador Dispute
A father and son targeted by Ecuador's state-owned oil shipping company in a $650 million lawsuit over events at the heart of a corruption and impeachment scandal involving former Ecuadorian President Guillermo Lasso told a Pennsylvania federal court that the dispute belongs in arbitration.
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January 12, 2026
8th Circ. Lifts Injunction On Advisory Firm's Rival, Ex-Staff
Investment advisory firm Choreo LLC improperly got a preliminary injunction after claiming that former employees and a competitor stole trade secrets, the Eighth Circuit found Monday, ruling that the injunction was unwarranted because relevant losses to Choreo are calculable and associated damage has already been done.
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January 12, 2026
Energy Transfer Asserts Blackstone Fraud In Pipeline Row
Energy Transfer says Blackstone used a series of self-dealing arrangements to undercut the amount of natural gas liquids a subsidiary delivered to an Energy Transfer pipeline in Texas, telling a state court on Friday that Blackstone wrongly diverted "massive sums" to itself.
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January 12, 2026
Prime Capital Says Ex-Adviser Bungled His Exit In Poach Suit
A recruited financial adviser's changes of heart during a carefully structured transition to Prime Capital Investment Advisors LLC caused repeated delays and internal frustrations, eventually leading Prime to file a regulatory license in his name before he resigned from his old job, Prime's chief growth officer testified Monday.
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January 12, 2026
Colo. Cos. Say Gas Co. Underpaid Royalties For Decade-Plus
Two Colorado companies and royalty owners in oil and natural gas leases alleged in federal court that a natural gas company systematically underpaid royalties to them and other royalty owners for more than a decade for oil and natural gas produced from wells in the state.
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January 12, 2026
REITs Say Shareholders' Retooled Liquidation Suit Still Fails
A group of retail-focused real estate investment trusts urged a New Jersey federal court to toss an amended shareholder class action that accuses them of misleading shareholders into approving charter amendments that stopped the planned liquidation of the REITs, arguing that the amended suit repeats claims that were previously tossed.
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January 12, 2026
Chancery Tosses Repsol Claims Against Winston & Strawn
The Delaware Chancery Court on Monday dismissed counterclaims brought by Repsol Renewables North America Inc. against Winston & Strawn LLP and one of its partners, ruling that Delaware law does not permit contract-based aiding-and-abetting claims and that Winston & Strawn did not owe fiduciary duties to a minority member in a limited liability company.
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January 12, 2026
Acer Says T-Mobile, AT&T, Verizon Infringe 6 Wireless Patents
Acer Inc. is going after AT&T, T-Mobile and Verizon in Texas federal court over allegations that the American telecommunications companies are infringing six of the Taiwanese technology giant's patents related to 4G, LTE and 5G wireless standards, while refusing to negotiate licensing terms.
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January 12, 2026
Equipment Rental Cos. Ask To Toss Pricing Software Claims
Construction equipment rental companies including United Rentals, Herc, The Home Depot and others have told an Illinois federal court the benchmarking service they use provides a wide range of prices and doesn't help them fix rental rates.
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January 12, 2026
Greenspoon Marder Hit With Malpractice Suit Over Boat Fight
A catamaran company has launched a Florida state lawsuit against Greenspoon Marder LLP and three of its attorneys alleging the law firm botched an underlying dispute over a vessel and cost the business commissions.
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January 12, 2026
Fastener Co. Wants To Undo Jury Verdict, TM Injunction
Industrial fastener company Peninsula Components has asked a Pennsylvania federal judge to upend a jury verdict holding it liable for trademark infringement for using the PEM name in Google Ads, arguing that Penn Engineering & Manufacturing Corp., the competitor suing it, did not own the trademark.
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January 12, 2026
Solar Co. Blames Broker's Error For $6M Tariff Bill
A renewable energy company wants its customs broker and agent held responsible for over $6 million in antidumping and countervailing duties it had to pay on imported solar panels due to the broker's alleged failure to properly record them.
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January 12, 2026
Calif. City Claims Void Development Deal In SoFi Owner's Suit
The city of Inglewood asked a California state court to dismiss real estate magnate Stan Kroenke's claim that he's owed $376 million in support costs on SoFi Stadium, arguing that a decade-old development agreement is void based on a state appeals court decision.
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January 12, 2026
DC Circ. Told $100K H-1B Fee Threatens Congress' Tax Power
The U.S. Chamber of Commerce urged the D.C. Circuit to bar the Trump administration from charging employers its new $100,000 H-1B visa fee, arguing it presents a "grave threat" to Congress' exclusive power to levy taxes.
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January 12, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court closed out the week with developments ranging from leadership changes in a $13 billion take-private case and posttrial sparring over a major earnout to fresh governance fights, revived fraud claims and sanctions tied to advancement rights.
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January 12, 2026
Justices Sign Off On Dismissal Of FIFA Bribery Cases
The U.S. Supreme Court on Monday erased criminal bribery convictions against a former media executive and an Argentine sports marketing company stemming from the FIFA corruption probe, following through on federal prosecutors' surprising decision to abandon the cases last month.
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January 12, 2026
Justices Nix Petition On Legal Malpractice Arbitration
The U.S. Supreme Court declined Monday to review a petition that sought clarity on whether a court or arbitrator decides the issue of class arbitrability when the parties incorporate certain arbitral rules, in a long, winding legal malpractice dispute involving Louisiana medical companies.
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January 12, 2026
Justices Nix Bid To Revive $5M Lindell Challenge Award
The U.S. Supreme Court on Monday opted not to review a software developer's petition seeking to revive his $5 million arbitral award against MyPillow CEO Mike Lindell, in which he had sought clarity on whether manifest disregard of the law is a valid basis on which such awards may be vacated.
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January 12, 2026
Justices Won't Hear Duke Energy Monopoly Suit
The U.S. Supreme Court refused Monday to review a ruling that revived antitrust claims from NTE Energy Services accusing Duke Energy of squeezing it out of the power market in North Carolina.
Expert Analysis
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Forced Labor Bans Hold Steady Amid Shifts In Global Trade
As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Recent Decisions Caution Against Broad Indemnity Provisions
Two recent decisions in disparate jurisdictions are reminders that businesses and practitioners should be mindful of contractual indemnity rights and draft indemnity provisions that enhance the predictability of enforceability without being overly broad, says Gregory Jaske at Olshan Frome.
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Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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Tips For US Investors Eyeing Middle East Data Centers
While Middle East data center investment presents a compelling opportunity in light of renewed U.S.-Gulf cooperation on artificial intelligence and critical technologies, these projects require a nuanced understanding of regional legal and regulatory regimes, says Haykel Hajjaji at Covington.
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4th Circ. Favors Plain Meaning In Bump-Up D&O Ruling
The Fourth Circuit's latest denial of indemnity coverage in Towers Watson v. National Union Fire Insurance and its previous ruling in this case lay out a pragmatic approach to bump-up provisions that avoids hypertechnical constructions to limit the effect of a policy's plain meaning, say attorneys at Kennedys.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Business Court Bill Furthers Texas' Pro-Corporate Strategy
The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.
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Lively-Baldoni Saga Highlights Insurance Coverage Gaps
The ongoing legal dispute involving "It Ends With Us" co-stars Justin Baldoni and Blake Lively raises coverage questions across various insurance lines, showing that effective coordination between policies and a clear understanding of potential gaps are essential to minimizing unexpected exposures, says Katie Pope at Liberty Co.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.