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Commercial Contracts
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March 17, 2026
Insurers Say Documents Tied To Fan Explosion Are Shielded
Multiple insurers told a Texas federal court that a carbon black manufacturer had no right to access certain information relating to communications following an explosion of two high-speed fans at its facility, saying it fell under attorney-client privilege.
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March 17, 2026
OpenAI, Musk Can't Argue Over Wealth In $38M Fraud Trial
A California federal judge laid out the ground rules for an upcoming April jury trial on Elon Musk's claims OpenAI duped him into donating $38 million, barring evidence regarding the "wealth or lack thereof of any party," unless the dispute reaches the punitive damages stage, which the judge called "unlikely."
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March 17, 2026
Chancery Tosses Weapons Co. Suit, Says Claims Belong In NC
A Delaware Chancery Court judge on Tuesday dismissed a weapons analytics company's suit seeking to force one of its founders to litigate a stock valuation dispute in Delaware, ruling that the claims belong in a parallel North Carolina action and stem from a different contract than the company asserted.
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March 17, 2026
$200M Exxon Contract Trade Secrets Row Ended
A Texas state court judge issued a final judgment ordering that a contractor take nothing from its over $200 million claim that a rival allegedly used proprietary information to secure a lucrative maintenance work contract for Exxon, doing away with the lawsuit Tuesday.
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March 17, 2026
Geico Keeps RICO, Fraud Claims In NY No-Fault Billing Suit
Two New York companies must face the majority of claims in Geico's suit alleging they exploited the state's no-fault insurance laws by fraudulently billing Geico more than $2.7 million for unnecessary durable medical equipment, a federal judge ruled Tuesday.
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March 17, 2026
10th Circ. Considers Ask For New Trial In $5M Toll Lanes Suit
The Tenth Circuit on Tuesday considered a contractor's request for the court to order a new trial after a Denver federal jury awarded construction design firm Aecom $5.25 million for a contract breach in a Colorado toll lanes project, questioning the contractor's litigation strategy.
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March 17, 2026
Private School Founder Forged Letter Of Credit, Suit Says
The now-suspended founder and director of a group of private primary schools in Boston and Providence, Rhode Island, used a bogus letter of credit to execute a $12.5 million lease, which the landlord discovered after the school abandoned its expansion plan amid public opposition, a lawsuit filed in Massachusetts state court alleges.
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March 17, 2026
BlackRock, State Street Want GOP States' ESG Suit Pared
BlackRock and State Street have asked a Texas federal judge to significantly winnow antitrust claims from Republican state attorneys general accusing the asset managers of driving up coal prices, arguing that claims based on electricity buyers are too far removed from coal.
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March 17, 2026
Google Wants Cutoff Date For Ad Tech Rivals' Claims
Google moved to tee up a dismissal bid aimed at cutting key targeted policies from New York federal court antitrust claims from rival advertising placement technology providers, arguing that its "sophisticated" competitors cannot get around a four-year statute of limitations pegged to the U.S. Department of Justice's lawsuit.
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March 17, 2026
Prediction Markets Have Opened Compliance 'Pandora's Box'
The burgeoning prediction market has exploded the definition of what qualifies as confidential corporate information that employees could misuse for personal gain, leaving companies scrambling to update internal policies and guidelines, compliance experts say.
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March 17, 2026
SEIU Pension Fund Wins $842K Suit Against NJ Nursing Home
A Service Employees International Union pension fund has won its lawsuit accusing a New Jersey nursing home of skipping out on nearly $350,000 in contributions over 13 years, with a D.C. federal judge awarding the fund the missed contributions plus damages after finding it accurately calculated the nursing home's debt.
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March 17, 2026
NY Accuses Solar Co., Lenders Of $275M Homeowner Fraud
New York's attorney general sued a solar panel company and two lending partners in New York state court Tuesday, accusing them of a $275 million scheme involving costly solar and home improvement projects falsely pitched to homeowners as free or subsidized.
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March 17, 2026
Book Distributor Baker & Taylor Hits Ch. 11 To Wind Down
Baker & Taylor, a 198-year-old book distributor, sought bankruptcy protection in New Jersey with at least $100 million in liabilities after the COVID-19 pandemic, litigation and a loan default forced it to shut down operations last year.
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March 17, 2026
Jets Legend Fumbles Suit Over '30-For-30' Portrayal
A federal judge has dismissed Mark Gastineau's lawsuit over his portrayal in an ESPN "30 for 30" documentary, ruling that the New York Jets legend gave the companies broad authority to use his name, image and likeness in the film.
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March 16, 2026
PBGC Keen On Dishing Out Opinion Letters, Director Says
The Pension Benefit Guaranty Corp. has revamped its website to encourage attorneys to seek opinion letters about how the Employee Retirement Income Security Act applies to specific scenarios. PBGC Director Janet Dhillon spoke to Law360 about that effort, the PBGC's latest financial report to Congress and her goals for the agency.
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March 16, 2026
EB-5 Investors Land Class Cert. In TD Bank Escrow Suit
A Manhattan federal judge has certified a class of EB-5 immigrant investors who claim TD Bank improperly released nearly $50 million of their funds from escrow, which allegedly caused the money to go missing and scuttled their efforts to seek visas.
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March 16, 2026
Live Nation Trial Resumes, Exec Says Competition Is Up
The antitrust trial of Live Nation picked back up Monday after a weeklong hiatus with a coalition of states in the driver's seat, after the U.S. Department of Justice settled its case against the live entertainment giant, with one of its executives testifying that competition in the concert promotion business has grown in recent years.
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March 16, 2026
Winston & Strawn Sanctioned For Trying To 'Make Up Facts'
A California federal judge sanctioned Winston & Strawn LLP on Monday for making up facts and otherwise misrepresenting the record in contract litigation over its client's app being removed from Apple's platform, then separately dismissed the case on the merits.
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March 16, 2026
Stellantis Escapes Vehicle Inventory 'Channel Stuffing' Suit
Automaker Stellantis and former executives beat a proposed securities class action accusing them of so-called channel-stuffing, after a New York federal judge found none of the suit's alleged misstatements were material, and the investors failed to plead the executives had a motive to defraud or knowingly committed the alleged wrongdoings.
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March 16, 2026
Paramount Head Countersues Over $150M 'Shakedown' Suit
Paramount President Jeff Shell fired back Monday at a $150 million lawsuit filed against him in California state court alleging he failed to pay for crisis communications services and revealed insider company information, filing counterclaims against the plaintiff he says is a professional gambler who "overplayed his hand" perpetrating a "shakedown."
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March 16, 2026
Edible Arrangements Wins Sanctions, Beats Ex-COO's Claims
A Georgia federal judge struck the answer filed by Edible Arrangements' former chief operating officer and his company as a sanction for bad faith discovery conduct, finding they hid key evidence about millions in vendor checks deposited into a personal account.
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March 16, 2026
6th Circ. Revives FedEx, Kellogg Mortality Table Suits
The Sixth Circuit on Monday revived suits against Kellogg and FedEx from retirees who alleged their former employers' outdated actuarial assumptions shortchanged their joint-and-survivor pension benefits, holding federal benefits law required employers to use reasonably up-to-date mortality tables when converting from a single-life annuity form.
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March 16, 2026
NC Judge Fast-Tracks Job Info Order For Joe Gibbs Racing
Joe Gibbs Racing LLC's former competition director has one week to turn over communications and documents about his hiring and onboarding at a rival NASCAR team after a North Carolina federal judge on Monday granted the super team's bid for expedited discovery in their ongoing trade secrets battle.
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March 16, 2026
Fox Wants Mexican Media Exec Detained Amid IP Fracas
Fox Corp. has asked a New York federal judge to detain a Mexican media executive for misusing the company's sports broadcast trademarks, arguing that the millions in monetary sanctions already ordered by the court are not an effective deterrent.
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March 16, 2026
Teamsters Push For Arbitration In Kraft Heinz Benefits Suit
A Teamsters local contended that a dispute with Kraft Heinz Co. over a healthcare benefits grievance must be arbitrated because it falls within the scope of the parties' collective bargaining agreement, the union told a Delaware federal judge.
Expert Analysis
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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The Crucial Question Left Unanswered In EpicentRx Decision
The California Supreme Court recently issued its long-awaited decision in EpicentRx Inc. v. Superior Court, resolving a dispute regarding the enforceability of forum selection clauses, but the question remains whether private companies can trust that courts will continue to consistently enforce forum selection clauses in corporate charters, says John Yow at Yow PC.
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Why EpicentRx Ruling Is A Major Win For Business Certainty
The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Lessons From Liberty Mutual FCPA Declination
Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.
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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.