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Commercial Contracts
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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.
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February 24, 2026
Calif. Firm Says Texas Immunity Law Blocks $11M Fee Suit
A California law firm is urging an Austin federal judge to dismiss claims that it participated in unlawfully withholding $11 million in attorney fees from a Texas law firm that allegedly helped secure a nine-figure verdict against Walmart, arguing a Texas immunity law protects the Golden State firm from being held liable to non-clients.
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February 24, 2026
NC Firm Says Insurers Shirked Coverage For Forgery Loss
A North Carolina law firm has sued its insurers over coverage for nearly $130,000 it lost as a result of a forged cashier's check and related wire transfer, saying the carriers wrongfully denied coverage despite ample evidence supporting its claim.
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February 23, 2026
NC Hotel Bedskirt Biz Spat Pared After Rocky Trial Start
A North Carolina Business Court judge on Monday pared certain claims from a corporate mismanagement suit on the first day of trial after hours of testimony from a minority member who accused the majority owner of defrauding the business, following a benchslap in which the judge chewed him out for his tardiness.
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February 23, 2026
Flyers Seek TRO In Alaska-Hawaiian Merger Antitrust Suit
Airline passengers are urging a Hawaii federal judge to preserve Hawaiian Airlines as a standalone carrier, contending in a recently revived antitrust lawsuit that Hawaiian's 2024 merger with Alaska Airlines has harmed consumers with higher fees, reduced routes and eroded frequent flyer rewards.
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February 23, 2026
Disney Slams Dish's Antitrust Counterclaims In Sling TV Suit
The Walt Disney Co. and ESPN urged a New York federal court to toss Dish Network's antitrust counterclaims accusing Disney of forcing it to carry less desirable channels in order to gain access to the "must-have" ESPN, saying Dish's refusal to adapt as streaming platforms evolve is not Disney's fault.
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February 23, 2026
Court Rejects $5.8M Fee Bid In Puerto Rico Funds Case
A Puerto Rico federal judge denied an investment firm's bid for $5.8 million in attorney fees after the firm brought successful countersuit claims against investors, finding that the commonwealth's corporations law, which governs the case, prohibits legal fees absent a finding of obstinacy.
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February 23, 2026
American Airlines' Contract Battle With JetBlue Stays In Texas
The Texas Business Court has denied a bid by JetBlue to escape a lawsuit alleging the airline neglected to pay American Airlines money it owed as a part of a profit-sharing agreement, finding the court has jurisdiction to hear the case.
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February 23, 2026
Pickleball Paddle Maker Can't Shake Fraud Claims
A Maryland federal judge denied a pickleball paddle maker's attempt to dodge USA Pickleball Association claims alleging that it submitted a prototype paddle for approval yet later made and sold a more powerful paddle that was never tested or approved.
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February 23, 2026
Insurer Found In Breach Of Duty In Timeshare Exit Co. Case
Insurer RSUI Indemnity Co. Inc. breached its duty to defend timeshare exit company Reed Hein & Associates LLC from class claims that it engaged in deceptive practices and defrauded customers, a Washington federal judge said in a mixed summary judgment ruling.
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February 23, 2026
Firm Waived Arbitration When It Filed Fee Suit, Ga. Panel Says
The Georgia Court of Appeals has reversed a trial court's order sending a fee dispute between litigation firm Herman Jones LLP and an ex-client to arbitration, ruling Monday that there's "no clearer act" waiving the arbitration provision than the firm's decision to file a lawsuit instead.
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February 23, 2026
Tempur-Pedic Maker Hits Mattress Seller With TM Suit
The "world-famous" trademarks Tempur-Pedic and Sealy are being violated by a small mattress seller that is continuing to use the marks well beyond the end of a retail agreement, Sealy Technology LLC told a North Carolina federal court.
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February 23, 2026
Outdoors Co. Says Investor Allowed Trademark Rights Sale
A Nevada investment company and two of its officers breached their contract with Colorado-based outdoor recreation company Exxel Outdoors LLC and allowed an unauthorized sale of Exxel's trademark rights to occur without notice, it alleged in Colorado state court.
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February 23, 2026
Catching Up With Delaware's Chancery Court
Legal fee feuds, noncompete pact breach fights and post-closing "earnout" battles piled up in Delaware's equity and commercial law venues last week, with top jurists briefing lawmakers on efforts to better manage crowded dockets and expanded benches.
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February 23, 2026
Fed. Circ. Revives Cell Modem Patent Case
The Federal Circuit on Monday reversed a Minnesota federal court's decision that two patents covering cellular modem technology were invalid, but refused to revive the patent owner's breach of contract claims.
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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.
Expert Analysis
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3 Key Ohio Financial Services Developments From 2025
Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.
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AI Licensing Suit Exhibits Pitfalls Of Vague Contract Terms
Fastcase Inc. v. Alexi Technologies, a case in District of Columbia federal court, demonstrates the potential consequences of vaguely drafted contract terms amid unforeseen technological advances, but there is practical guidance parties may employ to mitigate the potential for similar contract disputes, say attorneys at Baker Botts.
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Series
Playing Tennis Makes Me A Better Lawyer
An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.
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Class Actions At The Circuit Courts: January Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five rulings from October and November, and identifies practice tips from cases involving consumer fraud, oil and gas leases, toxic torts, and wage and hour issues.
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Series
Judges On AI: How Judicial Use Informs Guardrails
U.S. Magistrate Judge Maritza Dominguez Braswell at the U.S. District Court for the District of Colorado discusses why having a sense of how generative AI tools behave, where they add value, where they introduce risk and how they are reshaping the practice of law is key for today's judges.
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Navigating Battery Validation Risk In The EV Supply Chain
Vehicle electrification has moved battery system supply chains from a background component into the center of the automotive universe — and for legal teams, battery validation is now a driver of contractual disputes, regulatory exposure and even shareholder litigation, say Samuel Madden at Secretariat Advisors and Vanessa Miller at Foley & Lardner.
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Series
Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief
My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.
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Series
Law School's Missed Lessons: How To Start A Law Firm
Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.
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Series
Hosting Exchange Students Makes Me A Better Lawyer
Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.
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How A 1947 Tugboat Ruling May Shape Work Product In AI Era
Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.
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Navigating Privilege Law Patchwork In Dual-Purpose Comms
Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.
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Series
Fly-Fishing Makes Me A Better Lawyer
Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.
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4 Ways GCs Can Manage Growing Service Of Process Volume
As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.
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Series
The Law Firm Merger Diaries: Forming Measurable Ties
Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.
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Wrangling Over 'Good Faith' In Texas Commodity Contracts
As winter storm season brings fluctuating natural gas prices and ensuing price disputes, parties to gas and other commodity contracts face a question with few answers in Texas case law: how much buyers or sellers can reduce contractual requirements or outputs on a good faith basis, say attorneys at Jackson Walker.