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Commercial Contracts
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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.
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February 20, 2026
PVC Pipe Buyers Want To Get Price-Fixing Discovery Moving
Parties involved in price-fixing litigation over polyvinyl chloride pipe costs have offered differing solutions to an Illinois federal court, with defendants in the consolidated action pushing for dismissal as plaintiffs urged the court to start permitted discovery.
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February 20, 2026
Lender Onset Hits Back On First Brands' $2.9B Fraud Suit
First Brands lender Onset Financial Inc. is slamming a $2.9 billion lawsuit that the embattled auto parts maker brought against Onset in Texas bankruptcy court last month, asserting it is the victim rather than a perpetrator of the fraud that sent First Brands into Chapter 11.
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February 20, 2026
Getty Wants 2nd Circ. To Rehear $100M Investor Dispute
Getty Images is calling for a possible full Second Circuit review of a ruling requiring it to pay nearly $100 million to investors who said they were blocked from purchasing shares in the company once it became public, arguing that the court's decision threatens to "upend securities law."
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February 20, 2026
Beasley Allen Can't Pause NJ Talc DQ Order, Judge Rules
The Beasley Allen Law Firm can't delay an order disqualifying it from representing hundreds of women who claim their ovarian cancer was caused by Johnson & Johnson's talcum powder while it seeks review from the New Jersey Supreme Court, a state judge ruled on Friday.
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February 20, 2026
Milwaukee Accuses Fire Truck Giants Of Rigging The Market
The city of Milwaukee has alleged in a proposed class action that the country's largest fire truck makers and their trade group conspired to slow production so they could force cities and their departments to pay inflated prices.
Expert Analysis
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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.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.