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Commercial Contracts
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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.
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February 23, 2026
Justices Reject Eni Natural Gas Project Feud
The U.S. Supreme Court on Monday declined Italian energy giant Eni's bid to review a New York appellate court decision that it says "stretched the claim preclusion doctrine beyond all constitutional bounds," in a long-running and multifaceted dispute stemming from a deal over a billion-dollar Mississippi liquefied natural gas processing facility.
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February 23, 2026
Justices Reject Vegas Sun Bid To Revive Protective Pact
The U.S. Supreme Court refused Monday to take up a Ninth Circuit decision that nixed an agreement protecting the Las Vegas Sun from the Las Vegas Review-Journal's alleged plan to drive it out of business.
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February 20, 2026
Jury Finds Co-Investors Breached Oil Terminal Project Deal
A Texas business court jury on Friday sided with an investor who alleged he was almost edged out of a lucrative oil terminal project, deciding that his co-investors flouted the parties' contract.
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February 20, 2026
Bumble Allowed 'Massive' Data Breach, Class Action Claims
Dating app Bumble failed to protect users' personal information stored in the company's information network, making it vulnerable to a recent data breach by a cybercriminal operation known as ShinyHunters, a Texas woman alleged in a proposed class action.
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February 20, 2026
Class Attys Allege Lead Counsel Is Hoarding $75M Sutter Fees
Schneider Wallace Cottrell Kim LLP has urged a California federal magistrate judge to enforce the $75.4 million fee award in Sutter Health's $228.5 million deal resolving a decade-long antitrust fight, arguing lead counsel Constantine Cannon LLP "unilaterally" and "arbitrarily" cut SWCK's fees by nearly $800,000 while boosting its own.
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February 20, 2026
Valve's Anti-Troll Law Win Could Open New Doors
The first jury verdict in the U.S. finding a patent owner violated state law meant to curb bad faith patent suits had unique circumstances that will be hard to repeat, but attorneys say Tuesday's decision still has them considering the little-used laws more closely.
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February 20, 2026
Chemours, Koura Beat Rivals' Refrigerant Antitrust Suit
A North Carolina federal judge has tossed an antitrust lawsuit against DuPont spinoff the Chemours Co. FC LLC and a fellow refrigerant distributor, saying two of their rivals failed to plausibly allege an antitrust injury or conspiracy, among other requirements needed to keep the suit alive.
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February 20, 2026
Wireless Builders Want FCC Kibosh On Dish 'Shell Games'
Dish Network has reneged on its promise to build a 5G network, and with that pledge rescinded, it has stopped paying the companies that were supposed to be doing the build out, placing all their operations at risk, those companies told the Federal Communications Commission.
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February 20, 2026
Ex-Exec Must Arbitrate Claims In CoStar DQ-Embroiled Spat
A California federal judge sent most of a former Matterport executive's harassment and retaliation suit to arbitration, amid a suit that has prompted CoStar's efforts to disqualify Quinn Emanuel Urquhart & Sullivan LLP counsel in separate litigation.
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February 20, 2026
Lebanese Bank Challenges NY Jurisdiction In Terrorism Suit
A Lebanese bank is urging the U.S. Supreme Court to review the Second Circuit's finding that it is subject to the personal jurisdiction of New York courts on claims over alleged assistance to Hezbollah by a bank it acquired, a decision that it says "entrenches a deep conflict among the lower courts."
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February 20, 2026
Carpatsky Seeks Baker Hughes Docs In $150M Award Row
Carpatsky Petroleum Corp. asked a Texas federal court Friday to order energy giant Baker Hughes to respond to its document requests as it looks to enforce a $150 million arbitral award against Ukraine's largest oil company, OJSC Ukrnafta.
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February 20, 2026
DeLorean Says $4.2M Award Dispute Has No Houston Ties
The DeLorean Motor Co. argues that a $4.2 million international arbitral award granted to an Italian design firm over a contract dispute for work on a reimagined version of the company's storied sports car has no business being litigated in a Houston federal court.
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February 20, 2026
3 Questions After Justices Sink Trump's Emergency Tariffs
The U.S. Supreme Court's ruling that President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act are unlawful left open questions for practitioners, including how importers may qualify and claim refunds for the illegal duties paid. Here, Law360 examines three open questions following the justices' ruling.
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February 20, 2026
Insurer Owed Defense In Birth Defect Suit, 9th Circ. Says
A commercial general liability insurer had a duty to defend a semiconductor manufacturer against an employee's suit claiming that his exposure to chemicals at work caused birth defects in his son, the Ninth Circuit ruled Friday, finding that certain policy exclusions did not unambiguously foreclose coverage.
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February 20, 2026
DOJ Says Ohio Health System's Contracts Violate Antitrust
The U.S. Department of Justice and Ohio's attorney general's office sued OhioHealth Corp. Friday in federal court, accusing the healthcare system of using contractual restrictions to block insurers from offering plans that include lower-cost rivals.
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February 20, 2026
4th Circ. Backs $1.1M Roof Verdict Against Church Insurer
The Fourth Circuit affirmed a North Carolina federal jury's $1.1 million award to a church for a roof damage claim, rejecting arguments from the church's insurer that the court adopted the wrong causation standard to an all-risk insurance policy in its jury instructions.
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February 20, 2026
Ex-Joe Gibbs Racing Director Hit With $8M Trade Secrets Suit
One of NASCAR's biggest race teams is suing its former competition director for $8 million after he allegedly plundered trade secrets on his way out the door, saying he took everything from performance analytics to employee pay records while readying to join a competitor.
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February 20, 2026
Fed. Circ. OKs Micron's PTAB Loss In Netlist Patent Challenge
The Federal Circuit on Friday upheld Patent Trial and Appeal Board decisions that Micron Technology Inc. failed to show that claims of a Netlist Inc. computer memory patent are invalid, part of a wide-ranging dispute that includes a nine-figure verdict against Micron on other patents.
Expert Analysis
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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Series
Nature Photography Makes Me A Better Lawyer
Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
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How Workforce, Tech Will Affect 2026 Construction Landscape
As the construction industry's center of gravity shifts from traditional commercial work to infrastructure, energy, industrial and data-hosting facilities, the effects of evolving technology and persistent labor shortages are reshaping real estate dealmaking, immigration policy debates and government contracting risk, say attorneys at Cozen O'Connor.
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Contract Disputes Recap: Delay, Plain Text, Sovereign Acts
Three recent decisions addressing familiar pressure points show that even well-worn doctrines evolve, and both contractors and the government should reexamine their assumptions, says Zachary Jacobson at Seyfarth.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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Series
The Law Firm Merger Diaries: Integrating Practice Groups
Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.
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Opinion
Supreme Court Term Limits Would Carry Hidden Risk
While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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The Hidden Pitfalls Of Letters Of Credit In Lease Negotiations
Amid a surge in commercial office leasing driven by artificial intelligence firms, it's crucial for landlords to be aware of the potential downside of accepting letters of credit — in particular, for amounts of security that are less than the statutory bankruptcy claim cap, say attorneys at Allen Matkins.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.
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What Law Firm Liability Risks In 2025 Signal For Year To Come
Trends and statistics reveal that law firms of all sizes and practice areas remained attractive litigation targets this year, so firms must take concrete steps to avoid professional liability risks in the year to come, say Douglas Richmond and Andrew Ricke at Lockton Companies.
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1st-Of-Its-Kind NIL Claim Raises Liability Coverage Questions
The University of Georgia Athletic Association recently sought to compel arbitration against former UGA football player Damon Wilson in a first-of-its-kind legal action for breach of a name, image and likeness contract, highlighting questions around student-athlete employment classification and professional liability insurance coverage, says Sarah Abrams at Baleen Specialty.
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AI Evidence Rule Tweaks Encourage Judicial Guardrails
Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.
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Where Things Stand At The CFPB As Funding Dries Up
The Consumer Financial Protection Bureau is on pace to run out of funding in the new year, threatening current and future rulemaking efforts, but a rapid series of recent actions still carries significant implications for regulated entities and warrants careful monitoring in the remaining weeks of the year, say attorneys at Brownstein Hyatt.