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Commercial Contracts
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March 05, 2026
Energy Firms Ordered To Split Trade Secrets Case Settlement
A Texas Business Court judge ordered two energy companies to split a settlement that resolved a trade secrets case relating to cost-cutting measures taken on a $639 million acquisition of Shell assets, finding both parties were entitled to the settlement funds.
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March 05, 2026
4th Circ. Allows Insurer To Seek Arbitration In Foam Case
The Fourth Circuit on Wednesday overturned an order barring Illinois Union Insurance Co. from seeking to arbitrate in London a dispute within multidistrict litigation over alleged contamination from firefighting foam for failing to obtain consent from co-lead counsel.
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March 05, 2026
Copyright Suit Over TikTok Livestream Software Trimmed
A California federal judge has dismissed some of a lawsuit alleging TikTok copied a company's livestreaming software to create a new feature on the app, trimming a breach of contract claim and a request for statutory damages.
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March 05, 2026
Fla. Court Allows Chubb's Salvage Claim On Stolen Planes
Chubb European Group SE can move forward with a counterclaim against an aircraft leasing company that alleges the insurer can claim 23 Boeing and Airbus aircraft stolen by Russia at the start of the Ukraine war as salvaged, a Florida state court ruled.
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March 05, 2026
Insurer Seeks Win In $6.3M Coverage Row With Pot Tester
James River Insurance Co. is asking a Mississippi federal court to grant it a win in its suit to deny coverage of a $6.3 million default judgment against a cannabis testing company, saying the company breached its policy by not cooperating with the insurer.
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March 05, 2026
3rd Circ. Says Macy's Clear To Arbitrate Worker's Bias Suit
The Third Circuit ruled that a white ex-Macy's store manager fired after a shoplifting incident can't pursue his race and sexual orientation discrimination case in court, homing in on a document the department store chain mailed to his home that clearly said disputes would be handled through arbitration.
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March 04, 2026
Musk Tells Jury 'Biased' Judge Forced His Twitter Buy
Elon Musk testified Wednesday in a California federal trial over Twitter investors' claims that the billionaire tanked the company's stock to get a better deal and said he paid the full $44 billion offer price because the Delaware Chancery judge overseeing litigation over the sale was "extremely biased" against him.
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March 04, 2026
Wheeling & Appealing: The Latest Must-Know Appellate Action
If this month's circuit calendars were a March Madness bracket, we'd struggle to pick the top-seeded showdown. Big Pharma against the False Claims Act, or big business against President Donald Trump's visa fees? A big bank's view of "human life wagers," or en banc review in a State Farm class action?
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March 04, 2026
50 Cent's Liquor Boss Gets 2nd Delay Of Fraud Sentencing
A former executive at rapper Curtis "50 Cent" Jackson's liquor brand got his fraud sentence delayed for a second time when a New Jersey federal judge questioned Wednesday whether the executive's hypothetical cooperation with the government could get fair consideration under his plea deal.
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March 04, 2026
Anadarko Gets 5th Circ. To Bless Coverage Win, Not Damages
The Fifth Circuit agreed with Anadarko Petroleum Corp. that it can compel a contractor to pay for its legal defense in a fraud suit, but said Wednesday the lower court went too far in finding the contractor owed a duty to pay for certain damages categories.
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March 04, 2026
Chance The Rapper Stiffed Ex-Manager, Ill. Jury Hears
Chance the Rapper's former manager went "all in" on helping the Chicago-based independent artist find worldwide success based on a handshake agreement the rapper ultimately abandoned after his debut studio album performed worse than expected, an Illinois state jury heard Wednesday.
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March 04, 2026
Volkswagen Sued Over Direct-To-Consumer Scout EV Offers
Volkswagen offering to sell new electric Scout vehicles directly to customers is a "blatant" breach of its legal and contractual obligations to dealerships, two dealerships alleged in a putative class action filed in Virginia federal court that claims Volkswagen has already made at least $15 million from online reservation deposits on Scout's website.
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March 04, 2026
Colo. Court Weighs Nursing Facility $6.7M Indemnity Ruling
A Colorado Court of Appeals panel grappled Wednesday with management service providers' bid for the court to uphold a more than $6.7 million indemnification against the skilled nursing facility operator they contracted with, asking counsel how conspiracy and state fraud claims are separable.
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March 04, 2026
Hayden AI Hits Co-Founder With Fraud, Trade Secret Claims
Artificial intelligence startup Hayden AI has sued one of its co-founders, alleging that after it fired him for forging board signatures and improperly charging personal expenses, he took large amounts of trade secret data to start a competing company.
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March 04, 2026
Care Management Co. Accused Of Swiping Software Platform
The developer of software used in the Medicare treatment arena has sued a customer care management company in Delaware Chancery Court, accusing it of wrongfully using the platform to create a competing application.
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March 04, 2026
Justices Mull Cracks In Freight Broker Liability Shield
The U.S. Supreme Court appeared unsure Wednesday whether a federal law economically deregulating the commercial trucking industry also extends to shielding freight brokers from state-law liability for highway crashes that have killed or injured people.
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March 04, 2026
Google Agrees To More Android Changes In Deal With Epic
Google and Epic Games offered a California federal court a new proposal Wednesday to modify an injunction issued in a monopolization case over the distribution apps on Android devices, while also reaching a broader agreement on global changes to the mobile operating system.
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March 04, 2026
Ex-NFL Player Challenges Adviser's Late Payment Demand
Retired NFL player Mike Rucker and his wife on Wednesday urged North Carolina's business court not to let their former financial adviser countersue them for nonpayment, arguing he can't decide after 20 years that he deserves compensation when that was never the agreement.
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March 04, 2026
NC Judge Trims Co.'s $116M Investment Coverage Dispute
A North Carolina state court has trimmed a company's suit claiming that its insurer obstructed its recovery of more than $116 million in coverage for an investment that didn't pay out on time, tossing a breach of contract claim while preserving bad faith and statutory violation claims.
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March 04, 2026
9th Circ. Hesitant To Revive Implant Suit Against Medtronic
A Ninth Circuit panel cast doubt Wednesday on a Washington man's attempt to revive a negligence lawsuit against Medtronic for allegedly not assisting him when his spinal implant malfunctioned, hinting that his failure to find an expert witness to testify the device caused his pain may be fatal to the case.
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March 04, 2026
Real Estate Owner Seeks Probation For $5M Tax Evasion
A commercial real estate owner found guilty of hiding nearly $5 million in income from the Internal Revenue Service asked a Washington federal court for a sentence of home confinement, saying he has changed his family business to eliminate the chances he will file false or late returns.
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March 04, 2026
BakerHostetler Aided Illegal Insurance Scheme, Trustee Says
BakerHostetler, along with one of its Atlanta-based attorneys, is the latest law firm to be accused of legal malpractice related to an illegal scheme that sold health insurance-like products.
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March 04, 2026
CoStar Wants High Court Review Of Antitrust Counterclaims
CoStar Group Inc. and CoStar Realty Information Inc. made another attempt to persuade the U.S. Supreme Court to review the revived antitrust counterclaims lodged by CoStar's business rival, Commercial Real Estate Exchange Inc.
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March 04, 2026
BCLP Adds Capital Markets Specialist From Kirkland In LA
Bryan Cave Leighton Paisner LLP, which is also known as BCLP, is expanding its transactions team, bringing in a Kirkland & Ellis LLP capital markets expert as a partner in its Los Angeles office.
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March 03, 2026
Breyer Rips Musk Atty For 'False Impression' To Twitter Jury
U.S. District Judge Charles Breyer blasted Elon Musk's counsel Tuesday in a trial over Twitter investors' allegations that Musk intentionally tanked its stock, telling the lawyer she'd created a "false impression" with the jury by questioning an ex-Twitter attorney about her right to speak with plaintiffs' counsel while under oath.
Expert Analysis
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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.
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Series
Teaching Logic Makes Me A Better Lawyer
Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.
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Series
Law School's Missed Lessons: Practicing Resilience
Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.
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NYC Bar Opinion Warns Attys On Use Of AI Recording Tools
Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.
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Series
The Biz Court Digest: Dispatches From Utah's Newest Court
While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.
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Aerospace And Defense Law: Trends To Follow In 2026
Some of the key 2026 developments to watch in aerospace and defense contracting law stem from provisions of this year's National Defense Authorization Act, a push to reform procurement, executive orders that announced Trump administration priorities, the upcoming Artemis space mission and continuing efforts to deploy artificial intelligence, say attorneys at Thompson Hine.
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4 Quick Emotional Resets For Lawyers With Conflict Fatigue
Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.
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2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction
The Fifth and Ninth Circuits recently handed down decisions, in Sanchez Energy and Sawtelle Partners, respectively, reminding practitioners that bankruptcy court jurisdiction over lingering disputes is not guaranteed, regardless of whether confirmation orders contain specific "retention of jurisdiction" language, says Brian Shaw at Cozen O’Connor.