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Commercial Contracts
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April 09, 2026
Swiss Firm Says Clause Required Zurich Hospital Arbitration
A D.C. federal judge is being called upon to again enforce a roughly $8.6 million arbitral award issued against Equatorial Guinea in a dispute over an ill-fated hospital operating contract, months after his initial enforcement ruling was overturned by the D.C. Circuit.
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April 09, 2026
Australian Court Affirms India's Immunity In $112M Award Suit
Australia's highest court has upheld that India has sovereign immunity in an enforcement case involving a $112 million arbitral award issued in a dispute over a terminated deal to deliver communications services in the country.
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April 09, 2026
Binance Can't Push Investor Suit Into Arbitration
Binance and its former CEO Changpeng Zhao cannot force into arbitration a proposed class action alleging that the crypto trading platform knowingly violated U.S. regulatory requirements by failing to implement an effective anti-money laundering program and offering and selling unregistered securities, a Florida federal judge ruled Thursday.
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April 09, 2026
Holland & Knight Says RE Advice Can't Cause Malpractice Suit
Holland & Knight LLP told a Texas state court Thursday that transactional advice it gave years ago cannot form the basis of a malpractice suit because the statute of limitations expired, saying the two-year clock started ticking when judgment was reached in the underlying suit.
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April 09, 2026
Judge Says Poultry Enviro Deals In 20-Year Suits Fall Short
An Oklahoma federal judge has rejected a bid by the state and several poultry companies to enter consent decrees in their two-decade-old dispute, finding the agreements did not go far enough to address pollution of the Illinois River Watershed.
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April 09, 2026
'Not Going To Keep Doing This,' Judge Warns Epic, Google
A California federal judge Thursday ordered an evidentiary hearing on Epic and Google's latest proposal to revise a court-crafted injunction following Epic's win in an antitrust trial over the Android app marketplace, saying he has concerns and warning the companies that "we're not going to keep" batting proposals back and forth.
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April 09, 2026
Texas Panel Nixes $7.9M Pipe Award Over 'Meager' Evidence
A Texas state appeals court on Thursday erased a $7.9 million judgment tied to defective pipe work on natural gas liquefaction projects, finding there wasn't enough evidence that the company the jurors ruled liable was the one that actually made the deal.
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April 09, 2026
Trade Secrets Suit Is A 'Far-Flung Conspiracy,' Law Firm Says
A Georgia law firm wants a Nevada federal court to throw out a lawsuit accusing it of stealing trade secrets from litigation lead generator Archetype Capital Partners, calling the whole case "a far-flung conspiracy."
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April 09, 2026
Ex-Joe Gibbs Racing Director Pans 'Desperate' Discovery Bid
Joe Gibbs Racing LLC's efforts to subpoena cellphone providers for deleted text messages is a "desperate" ploy to dig up proof its trade secrets were stolen when there is no evidence to suggest that is the case, the NASCAR team's former competition director said.
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April 09, 2026
KikOff Co-Founder Seeks Records, Alleges CEO Self-Dealing
The co-founder of a fintech company aimed at building people's credit has asked the Delaware Chancery Court to force the fintech company to turn over internal records, accusing its CEO of consolidating power and engineering transactions that harmed minority stockholders.
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April 09, 2026
Zillow, Redfin Ask To Use 4th Circ. NCAA Ruling In FTC Suit
Property listing giants Zillow and Redfin asked a Virginia federal court to let them use a recent Fourth Circuit ruling for an NCAA case to bolster their dismissal bid against antitrust claims filed by the Federal Trade Commission and multiple states.
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April 09, 2026
Chancery Agrees To Fast-Track $58M Food Sale Fight
The Delaware Chancery Court on Thursday agreed to fast-track a dispute over a $58 million food distribution deal, finding that the buyer's claims of ongoing competitive harm warrant expedited proceedings and a near-term hearing on a preliminary injunction.
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April 09, 2026
Couple Sue American Airlines Over Arrest, Flight Ban
A couple are suing American Airlines Inc. in Texas federal court, alleging the airline wrongly called the police on them during a customer service dispute, then further retaliated by banning them from any future flights.
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April 09, 2026
NC Prison Officials Defend Push For Quick Appeal Of Pay Suit
North Carolina prison officials defended their bid for an immediate appeal of a ruling finding correctional officers may be entitled to pay for all time spent inside prison facilities, rejecting the guards' argument that the court's reliance on a "robust" factual record precludes such an appeal.
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April 09, 2026
Ex-Pharmacy Director Denies Using Trade Secrets At New Job
A former director at a specialty infusion therapy pharmacy urged a New Jersey federal court to reject her former employer's bid to block her from working for a rival, arguing that her new job does not pose any threat of imminent harm to her former company.
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April 09, 2026
5th Circ. Revives Reinsurance Broker Row Over Credit Mishap
The Fifth Circuit revived a suit by an insurer's owner alleging that its broker failed to administer its reinsurance program properly, leading to over $100 million in losses when it discovered the program lacked a valid line of credit.
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April 08, 2026
AEG, BigLaw Atty In Hot Seat As Live Nation Trial Nears End
Live Nation on Wednesday concluded its defense case with glowing testimony about it from the manager for rap star Drake, while the Manhattan federal judge overseeing the case said rival company AEG Worldwide and a Hogan Lovells lawyer may face sanctions for revealing confidential information about a witness.
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April 08, 2026
DC Circ. Allows DOD To Ax Anthropic Contracts Amid Review
The D.C. Circuit Wednesday shot down Anthropic's request for an emergency order temporarily barring the U.S. Department of Defense from designating the artificial intelligence company as a national security risk while Anthropic's appeal plays out, although it agreed to expedite the appeal.
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April 08, 2026
Trump Asks NY's Top Court To Toss AG's 'Flawed' Fraud Case
President Donald Trump on Wednesday asked New York's highest court to throw out New York Attorney General Letitia James' "deeply flawed" civil fraud judgment entirely after a lower appellate court tossed what it called an "excessive" $489 million penalty against the president, his sons and his real estate companies.
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April 08, 2026
Enviro Groups Sue To Stop Fla. Project, Save Panthers
Conservation groups sued the U.S. Fish and Wildlife Service on Wednesday for signing off on a 10,000-acre residential and commercial development project in Southwest Florida that the groups say will destroy the rapidly shrinking habitat of the endangered Florida panther.
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April 08, 2026
Biz Judge Keeps Doc Class Action Against Luxottica, For Now
A Texas Business Court judge Wednesday kept alive, on procedural grounds, a proposed class action made up of Texas optometrists who say that their office space deals with eye care giant Luxottica of America Inc. didn't follow Texas law.
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April 08, 2026
StubHub Customer's Eras Tour Tickets Suit Sent To Arbitration
A StubHub customer must arbitrate her claims that the ticket reseller botched her order for $14,000 in tickets to Taylor Swift's Eras Tour, a Washington federal judge has said, agreeing with the company that the patron agreed to a mandatory arbitration pact when she logged onto the website and made her purchase.
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April 08, 2026
Military Gear Co. Says Ex-Director Stole Trade Secrets
A manufacturer of military protective equipment accused a former director in Virginia federal court Tuesday of stealing sensitive information with the intent to use it to gain an unfair advantage in his next venture.
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April 08, 2026
Fiat Chrysler Loses 'Absurd' Arb. Bid In Defect Suit At 9th Circ.
A Ninth Circuit panel has rejected Fiat Chrysler's request to send a certified class action over allegedly defective Jeep and Dodge headrests to arbitration, finding that FCA's theory would lead to "absurd" results in which third parties with "no connection whatsoever to the underlying arbitration agreement" could force arbitration.
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April 08, 2026
Veterans Say Citibank Arb. Ruling Is 'Anti-Military Readiness'
A group of service members urged a North Carolina federal court to keep in its sights claims that Citibank NA proffered misleading information about credit card account interest and fees, arguing a recent arbitration order erodes safeguards baked into the Military Lending Act.
Expert Analysis
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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.
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Opinion
AI-Assisted Arbitration Needs Safeguards To Ensure Fairness
As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.
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Logistics Update: What Immigrant Driver Rule Means For Cos.
The Federal Motor Carrier Safety Administration's new final rule restricting issuance of commerical driver's licenses for nondomiciled drivers will have immediate operational implications for motor carriers, but the broader effects will ripple through relationships between service providers and their sources of freight, including brokers and shippers, say attorneys at Benesch.
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Series
Playing Piano Makes Me A Better Lawyer
Playing piano and practicing law share many parallels relating to managing complexity: Just as hearing an entire musical passage in my head allows me to reliably deliver the message, thinking about the audience's impression helps me create a legal narrative that keeps the reader engaged, says Michael Shepherd at Fish & Richardson.