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Commercial Contracts
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January 23, 2026
DC Circ. Bars Nazi Art Claims Over Sovereign Immunity
The D.C. Circuit on Friday reluctantly ended a 16-year-old lawsuit brought by the descendants of a Hungarian Jewish art collector seeking the return of a priceless art collection looted by the Nazis, saying they could not show that the artwork had been expropriated.
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January 23, 2026
Vik's Daughter Drops Bid To Stave Off Deutsche Bank Suit
The daughter of billionaire Alexander Vik has pulled a federal lawsuit against Deutsche Bank after a state court ordered a pause on litigation in Norway, but left open the possibility that she could refile her request for an anti-suit injunction barring the German multinational bank from suing her.
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January 23, 2026
3rd Circ. Preview: Citizens Bank, Quest Fight Appeals In Jan.
The Third Circuit's January lineup will find Citizens Bank and Quest Diagnostics attempting to fight off bids from former employees to revive suits over their compensation.
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January 23, 2026
RE Investor Wants $3.1M Set Aside Amid Conn. Payment Suit
A real estate investor urged a Connecticut state court to order a developer and other parties to set aside $3.1 million in case the investor wins its suit, which involves return-on-investment payments for a $2.5 million investment into a Shelton, Connecticut, commercial real estate project.
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January 23, 2026
As Duke Sues Its Own QB, NIL Tensions Come To A Head
Duke University's gambit to stop its star quarterback from transferring to another school signals the latest friction point in college sports, providing an opportunity for courts to tackle the still-evolving concept of direct payment deals between athletes and their schools regarding name, image and likeness.
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January 23, 2026
Colo. City Worked 'In Secret' To Kill Airport Lease, Court Told
A tenant operating a hangar at a Pueblo, Colorado, airport claimed in federal court that the airport's municipal owner is threatening to cancel a long-term lease after stonewalling its attempts to fix defects turned up in a short-notice inspection held on a federal holiday.
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January 23, 2026
Vegan Protein Co. Claims Bad-Faith Dilution By Partner
A vegan protein company has asked the Delaware Chancery Court to block what it describes as a deeply unfair capital call that would dramatically dilute its ownership stake in a mineral-processing venture, accusing its majority partner of engineering a squeeze-out through bad-faith governance and below-market pricing.
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January 23, 2026
X Can't Access OpenAI Source Code In Antitrust Suit
A Texas federal court will not force OpenAI Inc. to hand over its source code in an antitrust case from Elon Musk's X Corp. over the artificial intelligence company's deal to integrate ChatGPT on Apple devices.
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January 23, 2026
Suit Accusing FTM Wealth Of Tax Scam Faces Jurisdiction Test
A precious metals partnership notified a Colorado federal judge of plans to move its lawsuit against FTM Wealth to state court after learning from FTM member Nathaniel Ott's lawyer that he is a Colorado citizen in a case over an alleged tax scam that the plaintiffs say cost them $12 million.
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January 23, 2026
UK Litigation Roundup: Here's What You Missed In London
This past week in London saw Travelers Insurance hit with a claim from a property buyer over a payout tied to collapsed law firm Axiom Ince, Swedish music group Pophouse Entertainment clash with the production company that helped it create the ABBA Voyage experience, and biotech company Vertex Pharmaceuticals sue rival entity ToolGen for patent infringement.
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January 22, 2026
TikTok Seals Joint Venture Deal For US Operations
TikTok's Beijing-based owner, ByteDance, has sold a majority stake in the video app's U.S. operations to a new U.S.-based joint venture managed by a group of non-Chinese investors in order to comply with a congressional mandate and avoid the app's shutdown, the company announced Thursday.
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January 22, 2026
Mango Labs' 'Buyer's Remorse' Can't Undo SEC Settlement
Crypto project Mango Labs can't cancel the terms of a nearly $700,000 settlement with the U.S. Securities and Exchange Commission just because the agency has pivoted away from crypto enforcement cases and left the project with "buyer's remorse," a Manhattan federal judge ruled.
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January 22, 2026
6th Circ. Revives Law Firm Worker's Anthem Coverage Fight
Anthem Blue Cross Blue Shield's decision denying coverage for a law firm employee's son to continue receiving residential mental health treatment was arbitrary and capricious, the Sixth Circuit ruled Thursday, saying the insurer needs to carry out a "full and fair review of the requested coverage."
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January 22, 2026
Google, Epic Fight Uphill To Tweak App Antitrust Injunction
A California federal judge indicated Thursday that he's unlikely to grant Epic and Google's request to modify a permanent injunction issued after a jury found Google monopolized the distribution of apps on Android devices, saying they have to show changed circumstances, and "I haven't seen anything change, other than a deal" between the companies.
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January 22, 2026
Debt Collector Takes Computer Fraud Ruling To High Court
A debt collection agency asked the U.S. Supreme Court on Thursday to pause a Third Circuit decision that found an ex-employee's sharing of a password spreadsheet didn't make for a case under the Computer Fraud and Abuse Act, saying the appeals court improperly narrowed the scope of the statute.
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January 22, 2026
Panel Pushes Ex-Texans CEO's Son On Probate Jurisdiction
A Texas appeals court on Thursday pushed the son of deceased billionaire and Houston Texans founder Robert McNair to explain why a probate court has no jurisdiction over claims that he surreptitiously placed poison pill agreements into the companies he ran.
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January 22, 2026
Life Insurer Calls NASCAR Driver's $8.5M Suit 'Inflammatory'
NASCAR driver Kyle Busch and his wife failed to pay the premiums on hefty life insurance policies and let them lapse rather than hold on to them long enough for their value to grow, Pacific Life Insurance Co. argued Thursday in seeking an early exit from the couple's suit claiming the policies were a sham.
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January 22, 2026
Walmart Broke Grocery Noncompete Promise, Court Told
The owner of a suburban Pittsburgh grocery store told a Pennsylvania federal judge Thursday that a neighboring Walmart is in violation of a nearly 30-year-old deal not to compete for food sales, blaming a recent remodel for a drop in the grocer's sales.
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January 22, 2026
3rd Circ. Says Medical Pot Contract May Violate Federal Law
The Third Circuit on Thursday vacated a medical cannabis company's win in a lawsuit filed by a consultant claiming that it had stolen his trade secrets for growing marijuana samples, finding it couldn't decide the appeal because the parties' contract might have violated federal drug law.
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January 22, 2026
FTC Cites 'Serious Concerns' With Epic-Google Play Deal
A settlement resolving Epic Games' antitrust lawsuit against Google that would replace the injunction Epic won against Google's Play Store controls has drawn pushback from the Federal Trade Commission, which is urging strict scrutiny of the agreement currently under the eye of an already skeptical California federal judge.
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January 22, 2026
Ga. Financial Firm CEO Cops To $380M Ponzi Scheme
The CEO of an Atlanta-area financial advisory group has pled guilty to conducting a $380 million Ponzi scheme, which is likely the largest in Georgia history, according to prosecutors.
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January 22, 2026
Md. Judge Keeps Ship Manager Liability Shield Bid Alive
A Maryland federal judge Thursday allowed the manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge to press ahead, for now, with its request to invoke a nearly two-centuries-old maritime law to limit its liability for the 2024 wreck.
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January 22, 2026
T-Mobile Aims To Freeze Rate Action For Arbitration
T-Mobile USA Inc. is asking a Washington federal judge to compel individual arbitration and stay a proposed class action over alleged wireless plan price hikes, arguing that customers agreed to arbitrate billing disputes and waive class claims.
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January 22, 2026
Golf Club Says Allianz Unit Owes $2.2M In Hurricane Coverage
An Allianz unit acted in bad faith when refusing to pay nearly $2.3 million in coverage for damages caused by Hurricane Helene, a private golf club alleged in a suit removed to North Carolina federal court.
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January 22, 2026
Shareholder Says $2.3B Take-Private Deal Hid Blackstone Ties
Board members of Hawaii-based commercial real estate investment trust Alexander & Baldwin obscured their connections to Blackstone Real Estate in securities filings preceding a proposed $2.3 billion take-private deal, an investor claimed in an Illinois federal lawsuit.
Expert Analysis
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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FTC Focus: When Green Goals And Antitrust Law Collide
A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.
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How Bankruptcy Law Caps Landlords' Rejected Lease Claims
With corporate bankruptcy filings for the first half of the year at a 15-year high, landlords should be prepared for commercial tenants to use the bankruptcy process to reject unwanted leases in order to lessen corporate footprints and improve liquidity, say attorneys at Mintz.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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How To Address Tariff-Related Risks In Commercial Contracts
Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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A New IP Game Plan For College Football Players
For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.
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11th Circ. Ruling Shows Federal Question Jurisdiction Limits
The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
The Fallout Of Drake's Defamation Suit Against UMG
Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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SDNY Ruling Reinforces Joint Steering Committee Obligations
The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.