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Commercial Contracts
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February 25, 2026
Joe Gibbs Racing Seeks Injunction Against Ex-Director, Rival
NASCAR giant Joe Gibbs Racing LLC is urging a North Carolina federal court to hand it a temporary restraining order and preliminary injunction that will prevent its ex-competition director from using its trade secrets to benefit a direct competitor.
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February 25, 2026
9th Circ. Undoes $278M Eli Lilly Payment In Insulin Case
The Ninth Circuit ruled against a lower court Wednesday in saying pharmaceutical giant Eli Lilly does not owe $278 million in royalties to an Arizona company for insulin-brands sales, saying an agreement between the companies did not cover insulin products Eli Lilly made using a certain yeast expression technology.
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February 25, 2026
Amazon, DC AG Delay Antitrust Trial, Again
A local D.C. judge has agreed to delay trial in the city's antitrust lawsuit against Amazon once again, pushing the scheduled start next year from May to September, with the two sides citing the government shutdown's impact on a related Federal Trade Commission case as the cause for the hold-up.
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February 25, 2026
Estate Documents Firm Accuses Rivals Of Trade Secrets Theft
Probate technology company Estate Documents Pro LLC filed a complaint in Arizona federal court alleging that former customers out of Texas misappropriated its software to launch a rival estate planning business.
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February 25, 2026
Atty Accused Of Insinuating Murder In NJ Food Biz Dispute
The widow of a New Jersey businessman asked a federal judge to sanction a plaintiff and his attorney in a contract‑based payout dispute, arguing they crossed a bright legal and ethical line by insinuating without evidence that she played a role in her husband's death.
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February 25, 2026
OppFi Nears Win Over Calif. Regulator's 'Rent-A-Bank' Case
A California state judge has preliminarily ruled that state regulators cannot treat Opportunity Financial's lending partnership with an out-of-state bank as an unlawful "rent-a-bank" scheme, potentially handing a major win to the fintech firm in a long-running legal battle over enforcement of California's interest-rate limits.
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February 24, 2026
9th Circ. Grants Atty Fee Appeal In Eye Drop Pricing Suit
District courts cannot reduce fee awards to attorneys based on a firm's size, the Ninth Circuit ruled in a published opinion Tuesday, sending a case back to a California federal court to recalculate attorney fees awarded to a "small" firm that represented wholesalers in a Robinson-Patman Act suit against eye drop manufacturers.
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February 24, 2026
Ex-Med School Dean Claims Fla. College Broke Work Contract
The former dean of Florida International University's medical school told a state court that the university breached his employment contract by refusing to pay him the salary promised in their agreement and undermined his independence.
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February 24, 2026
Insurance Row Judge Unsure If Co. Distinct From Owner
A North Carolina federal judge seemed perplexed by an argument making a distinction between a sole proprietorship and the person who owns it, telling an attorney for a young woman trying to collect a $10 million judgment from an insurer in her underlying sex abuse case that the entity "doesn't seem to legally exist."
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February 24, 2026
Texas Panel Skeptical That Doctor's Hands Are Property
A Texas appellate court appeared dubious at a claim that a doctor's hands count as personal property in a case accusing a state-owned hospital of healthcare negligence, asking Tuesday what to do with the state Supreme Court's instruction to narrowly construe waivers of sovereign immunity.
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February 24, 2026
Heirs Push DC Circ. To Rehear Nazi Art Expropriation Case
The descendants of a Hungarian Jewish art collector trying to recover a Nazi-looted art collection have asked the full D.C. Circuit to rehear their appeal, arguing that a three-judge panel of the court erred in affirming a lower court's dismissal of their lawsuit.
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February 24, 2026
Tariff-Related Disputes May Go Beyond Just Refunds
In addition to the likely chaotic refund process to follow last week's bombshell U.S. Supreme Court ruling striking down the Trump administration's broad tariff regime, the decision could also result in a wide range of private commercial disputes, and possibly even investment treaty claims against the U.S.
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February 24, 2026
4th Circ. Nixes Tree Farm Plans For Va. Golf Community
The Fourth Circuit on Tuesday found that a Virginia Beach, Virginia, residential community for seniors can restrict a company from planting over a centerpiece golf course with trees, in a dispute that escalated after the company put up a "spite fence" and banned walking on the course.
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February 24, 2026
Watchdog Fines Debt Collector $100K For Repeat Calls To ER
Connecticut's banking regulator has issued a cease-and-desist order and levied a $100,000 civil penalty against an unlicensed debt collector that it accused of placing two back-to-back phone calls to a hospital emergency room in an effort to reach a debtor.
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February 24, 2026
Ariz. Bill To Limit 'No Surprises' Arbitration Offers Put On Hold
A powerful Arizona state lawmaker this week agreed to pause his proposal to establish limits on how much medical providers can seek under the No Surprises Act arbitration system, saying the legislation needs more work and he'll bring it back next year.
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February 24, 2026
2nd Circ. Orders Royalty Redo In Music Licensing Case
The Second Circuit on Tuesday ordered a federal judge to recalculate what royalties are owed to a music licensor from the North American Concert Promoters Association, saying the judge had adopted a revenue structure with no precedent in the concert industry without explaining why.
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February 24, 2026
NC Judge Tosses 'Zombie Mortgage' Debt Collection Suit
A mortgage loan servicer and a trust succeeded in getting tossed a proposed class action brought by a North Carolina couple who claimed the entities tried to unlawfully collect interest and fees on their mortgage that was discharged in bankruptcy and then tried to foreclose on their home.
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February 24, 2026
Coinbase Asks Judge To Bar Ill. Action Over Event Contracts
Coinbase urged an Illinois federal judge Tuesday to grant an injunction blocking the state's enforcement of its gaming laws against the company's sports-related event contracts offerings, arguing that effort "falls right in the heartland of preempted state laws" and that such transactions can only be regulated by the U.S. Commodity Futures Trading Commission.
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February 24, 2026
Judge Won't Grant Win To Tech Co. In Accent Translation Case
A California federal judge has refused to grant a favorable judgment to Krisp Technologies Inc. in a case brought against it by Sanas.AI Inc. alleging the former stole trade secrets relating to an accent translation technology during a brief collaboration and is now infringing patents covering that technology.
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February 24, 2026
Pot Cos. Can't Reframe Loan Interest In Contract Suit
A New Jersey federal judge won't let a group of cannabis companies recharacterize their interest payments as principal payments to a lender they say falsely held them in default, saying the contract agreements don't support the claim.
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February 24, 2026
NC Justices Toss Lindberg's Bid To Stall $526M Judgment
North Carolina's top court Tuesday tossed a petition and motion to stay by embattled insurance mogul Greg Lindberg that challenged a $526 million judgment and arrest warrant against him, just one day after he filed the motions on his own behalf.
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February 24, 2026
Callagy Law Ex-Client Pushes For DQ In Firm's Countersuit
A former Callagy Law PC client has asked a New Jersey federal judge to disqualify the firm from representing itself in a countersuit responding to a 2023 legal malpractice matter, alleging their past representation precludes them from handling a matter adverse to him.
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February 24, 2026
Personal Injury Firm Fights Sanctions Bid In Swipe-Fee Case
A personal injury firm and its referral partner have pushed back against a sanctions bid from a class of merchants in a long-running antitrust litigation against Visa and Mastercard over swipe fees, arguing the plaintiffs are seeking "drastic relief" without a showing that any class member was harmed by allegedly misleading information the firm gave them.
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February 24, 2026
Biotech Co.'s Ex-CEO Calls $816K Atty Fee Demand 'Padded'
Fox Rothschild LLP should receive no more than $200,000 in fees and costs for its successful prosecution of a breach of contract and conversion suit against a former biotech executive, the defendant told a Connecticut court in pushing back on a request for nearly $816,000.
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February 24, 2026
Pro Se Atty Asks 10th Circ. To Rehear Frontier Bias Suit
A self-represented attorney asked the Tenth Circuit on Monday to reconsider its decision to back the lower court's dismissal of her racial discrimination lawsuit against Frontier Airlines, arguing that a panel misread her allegations that gate agents mocked her Indian accent and denied her boarding.
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.