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Commercial Contracts
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March 02, 2026
5th Circ. Presses McDermott Shareholders On Direct Claim
A Fifth Circuit panel wanted to know why investors should get another shot at a direct class action alleging that McDermott International Inc. made misrepresentations about a $6 billion merger, asking Monday if the case before the court was "analogous" to a case alleging the company overpaid for the merger.
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March 02, 2026
Chubb Unit Liable For Claims After Primary Insurer's Collapse
A Chubb unit must step in and provide excess coverage for asbestos exposure claims against a waterworks product supplier, a Massachusetts state court ruled Monday, finding that the company's primary policy has been exhausted as a result of that carrier's insolvency and inability to pay for covered losses.
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March 02, 2026
Chancery Orders Receiver As EpicentRx Fails To Pay $425K
The Delaware Chancery Court on Monday appointed a limited receiver to force clinical-stage biotech company EpicentRx to satisfy outstanding advancement and sanction obligations owed to its former corporate secretary Stephen Davis, finding that repeated contempt rulings and escalating fines failed to bring the company into full compliance.
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March 02, 2026
Comcast Says Dish Can't Back Out Of Deal, Owes $54M
Comcast accused Dish Wireless in Colorado federal court of improperly attempting to assert force majeure over a master service agreement between the two companies, and that Dish owes Comcast more than $54 million in damages.
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March 02, 2026
Tech Co. Tells 3rd Circ. Plenty Alleged To Revive IP Suit
A New Jersey software company urged the Third Circuit on Monday to revive its suit against a traffic technology company over the alleged unlicensed use of one of its products, arguing that there were enough facts in its complaint to survive a motion to dismiss.
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March 02, 2026
NFL Teams Ask Judge To Revisit Flores Suit Arbitration Ruling
Three NFL teams have asked a New York federal judge to reverse a decision she made two weeks ago and allow their dispute with former head coach Brian Flores to be decided in arbitration instead of in court.
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March 02, 2026
Widower Drops Suit Over Disney Restaurant Allergy Death
A Florida lawsuit over a woman's food allergy death at a Walt Disney World restaurant has been voluntarily dismissed, likely ending a case in which Disney made an unusual attempt to send the case to arbitration pursuant to terms in its video streaming service.
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March 02, 2026
Apple Execs Hit With Derivative Suit Over Alleged Monopoly
A Florida police pension fund has hit Apple Inc.'s top brass with a derivative securities suit in California federal court, accusing them of breaching their fiduciary duties by profiting off of the company's anticompetitive conduct while exposing Apple to significant legal risks, which has already led to billions of dollars in fines.
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March 02, 2026
Fla. REIT Blames Ponzi Probe, Lawsuits In Ch. 11 Filing
A real estate investment trust accused last year by Florida authorities of being a Ponzi scheme has filed for federal bankruptcy protection, claiming the state probe, a racketeering lawsuit from a talk show host and a U.S. Securities and Exchange Commission action tarnished its reputation.
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March 02, 2026
Rent Commissions Shouldn't Be 'Gutless,' Conn. Justices Told
Two landlords on Monday asked the Connecticut Supreme Court to allow evictions to advance without interference from Hartford's and Middletown's fair rent commissions, urging the justices to establish boundaries one legal aid attorney said would result in a "gutless administrative body."
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March 02, 2026
Overlap Job Duties Off Limits To Ex-Joe Gibbs Racing Director
Joe Gibbs Racing LLC's former competition director can keep his job at rival NASCAR team Spire Motorsports but can't do any work that overlaps with his old duties, a North Carolina federal judge ruled Monday in partially granting the super team's bid for a temporary restraining order.
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March 02, 2026
Pot Farm Says 6th Circ. Shouldn't Nix $32M Curaleaf Verdict
Hello Farms Licensing MI LLC is urging a Sixth Circuit panel not to undo its nearly $32 million win in a contract suit against units of cannabis giant Curaleaf, saying the fact that cannabis is federally illegal doesn't render the contract void.
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March 02, 2026
5th Circ. Hesitant To Pin Grandmother With Drug Smuggling
A Fifth Circuit panel seemed wary of pinning an Oklahoma grandmother with a drug smuggling charge on top of an allegation of running a Ponzi scheme, asking Monday if failure to conduct due diligence is "all it takes to make them a drug conspirator."
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March 02, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court's docket last week featured headline-grabbing disputes involving fast food giant Jack in the Box and boxing legend Mike Tyson's cannabis venture, alongside high-stakes fights over merger documents, appraisal rights and a $75 million renewable energy funding clash.
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March 02, 2026
Justices Pass On $55M Arbitrator Misconduct Petition
The U.S. Supreme Court declined Monday to take up a petition asking it to resolve whether an arbitration conducted by a three-member tribunal was fundamentally fair if one arbitrator "functionally abandoned his post" during a hearing.
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February 27, 2026
Trump Tells Federal Agencies To Drop 'Woke' Anthropic Tech
President Donald Trump on Friday forbade federal government agencies from using Anthropic's artificial intelligence products, accusing the "radical left, woke" company of attempting to "strong-arm" the U.S. Department of Defense after Anthropic said it would not provide technology to be used for mass domestic surveillance or fully autonomous weapons.
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February 27, 2026
Lupaka Gold Seeks OK Of $68.5M Peru Award
Canadian miner Lupaka Gold brought an arbitral award it won against Peru last summer that's now worth more than $68.5 million to a federal court in Washington, D.C., on Friday for enforcement, arguing that the country still hasn't paid up.
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February 27, 2026
PetMed, Elanco, Tractor Supply Settle Flea & Tick Med Claims
PetMed Express, Tractor Supply Co. and Elanco Animal Health are the latest to settle with consumers in a case accusing Elanco of paying pet supply retailers not to stock generic versions of its Advantix topical flea and tick prevention drug, according to several orders filed in Indiana federal court.
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February 27, 2026
Joe Gibbs Racing, Ex-Director Get Weekend To Create TRO
A North Carolina federal judge on Friday gave Joe Gibbs Racing and its former competition director the weekend to try to work out an agreement on whether he can continue working for a rival NASCAR team, saying the parties can return Monday for a ruling if no resolution is reached.
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February 27, 2026
V2X May Be Pulled Into Contractor's RTX Software Suit
Consulting firm Delaware North America LLC has sought permission from a Connecticut Superior Court judge to rope aerospace and defense company V2X Inc. into litigation alleging it was never compensated by RTX Corp. for data migration work and project delays.
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February 27, 2026
TD Bank Escapes $3-Fee Suit, NY Law Ruled Unconstitutional
A New York federal judge on Friday dismissed, with prejudice, a suit alleging that TD Bank was illegally charging customers a $3 fee to receive monthly paper statements for their checking accounts, finding that the underlying statute on which the suit was based is unconstitutional.
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February 27, 2026
Fed. Circ. Urged To Undo Attys' DQ In Patent Fight
Two men listed as inventors on allergy test patents asked the Federal Circuit to vacate an order that disqualified attorneys who had represented the pair for almost four years in a case from a Maine physician who claimed he should be the sole inventor.
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February 27, 2026
Deutsche Bank Drops $180M Bond Bid Against Billionaire Vik
Deutsche Bank has agreed to drop a request in Connecticut for billionaire Alexander Vik and his daughter to post a $180 million bond while the pair block litigation in Norway connected to a $243 million United Kingdom judgment surrounding unpaid margin calls.
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February 27, 2026
Bristol-Myers Campus Sale Suit Sent Back To NJ
A dispute over the sale of a 433-acre Bristol-Myers Squibb Co. research campus was sent back to state court after a New Jersey federal judge held that the addition of a "diversity-destroying" plaintiff was not out of bounds.
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February 27, 2026
DraftKings Denied 7th Circ. Appeal In Sports Betting Ad Suit
An Illinois federal judge rejected DraftKings' bid to certify a question to the Seventh Circuit about whether a mobile app can be a "product" under Illinois product liability law, after he refused last year to dismiss most claims in a proposed class action claiming the company's advertisements fuel gambling addiction.
Expert Analysis
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Monetizing EV Charging Stations For Long-Term Success
An electric vehicle charging station's longevity hinges on monetizing operations through diverse revenue streams, contractual documentation of charge point operators' and site hosts' rights and responsibilities, and ensuring reliability and security of facilities, says Levi McAllister at Morgan Lewis.
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Mind The Gap: Crafting D&O Straddle Coverage For M&A
A recent Florida federal court decision highlights an often-overlooked risk for those negotiating directors and officers insurance coverage for mergers and acquisitions: the potential for so-called straddle claims, falling in the gap between tail and go-forward coverage, say attorneys at Reed Smith.
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Calif.'s Civility Push Shows Why Professionalism Is Vital
The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.
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Locations, Permits And Power Are Key In EV Charger Projects
To ensure the success of public electric vehicle charging infrastructure projects, developers, funders, site hosts and charge point operators must consider a range of factors, including location selection, distribution grid requirements and costs, and permitting and timeline impacts, says Levi McAllister at Morgan Lewis.
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Series
Trivia Competition Makes Me A Better Lawyer
Playing trivia taught me to quickly absorb information and recognize when I've learned what I'm expected to know, training me in the crucial skills needed to be a good attorney, and reminding me to be gracious in defeat, says Jonah Knobler at Patterson Belknap.
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Series
Law School's Missed Lessons: What Cross-Selling Truly Takes
Early-career attorneys may struggle to introduce clients to practitioners in other specialties, but cross-selling becomes easier once they know why it’s vital to their first years of practice, which mistakes to avoid and how to anticipate clients' needs, say attorneys at Moses & Singer.
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Series
Judges On AI: Practical Use Cases In Chambers
U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.
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Notable Q4 Updates In Insurance Class Actions
Last quarter featured a novel class action theory about car rental reimbursement coverage, another win for insurers in total loss valuations, a potentially broad-reaching Idaho Supreme Court ruling about illusory underinsured motorist coverage, and homeowners blaming rising premiums on the fossil fuel industry, says Kevin Zimmerman at BakerHostetler.
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USPTO Initiatives May Bolster SEP Litigation In The US
The U.S. Patent and Trademark Office's recent efforts to revitalize standard-essential patent litigation face hurdles in their reliance on courts and other agencies, but may help the U.S. regain its central role in global SEP litigation if successful, say attorneys at Axinn.
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If Your AI Vendor Goes Bankrupt: Tackling Privacy And 'Utility'
Because bankruptcies of artificial intelligence vendors will require courts to decide in the moment how to handle bespoke deals for AI tools, customers that anticipate consumer privacy concerns in asset disposition and questions about utility and critical-vendor classifications can be better positioned before proceedings, say attorneys at Sidley.
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Series
Trail Running Makes Me A Better Lawyer
Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.
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What Artists Can Learn From Latest AI Music Licensing Deals
Recent partnerships between music labels and artificial intelligence companies raise a number of key questions for artists, rightsholders and other industry players about IP, revenue-sharing, and rights and obligations, say attorneys at Manatt.
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If Your AI Vendor Goes Bankrupt: Keeping Licensed IP Access
With contracting norms still evolving to account for the licensing of artificial intelligence tools, customers that need to retain access to key AI products in the event of vendor’s bankruptcy should consider four elements that could determine whether they may invoke traditional Section 365(n) intellectual property protections, say attorneys at Sidley.
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Malpractice Claim Assignability Continues To Divide Courts
Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.
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Tips For Financial Advisers Facing TRO From Former Firm
The Eighth Circuit's recent decision in Choreo v. Lors, overturning a lower court's sweeping injunction after financial advisers moved to a new firm, gives advisers new strategies to fight restraining orders from their old firms, such as focusing on whether the alleged irreparable harm is calculable, say attorneys at Kutak Rock.