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Commercial Contracts
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March 18, 2026
Biotech Investor Blames Pierce Atwood For Messy Asset Sale
A Ukrainian billionaire who was recently ordered to pay other investors in a failed genetic testing company more than $1.8 million in damages is blaming the Pierce Atwood LLP lawyers who advised him on what a court later found to be a "fundamentally unfair" forced asset sale.
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March 17, 2026
Verizon Can't Ditch Core Claims In Business Data Breach Suit
Verizon must continue to face the bulk of a proposed class action over alleged "email bomb attacks" targeting its business customers, after a New York federal judge found that the nonprofit pressing the suit had established a concrete injury stemming from the data breach and had adequately asserted a trio of negligence, contract and California consumer protection law claims.
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March 17, 2026
FPI, Apartment Owners Reach $7M Deal In Wash. AG's Tenant Suit
California-based property manager FPI and owners of five low-income apartment complexes have agreed to pay $7 million to end the Washington attorney general's lawsuit accusing them of exploiting senior tenants by overstating property qualities and withholding information about future rent rises, according to an agreed order finalized Monday.
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March 17, 2026
Bard And AngioDynamics Resolve 11-Year Patent Dispute
A Delaware federal judge on Tuesday closed the book on a vascular port patent dispute between C.R. Bard and AngioDynamics that had been pending for over 11 years, citing a settlement after the Federal Circuit invalidated Bard patents that a jury said AngioDynamics infringed.
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March 17, 2026
Amici Chide Trump Admin For Calling Anthropic A Security Risk
In separate amicus briefs to the D.C. Circuit, the ACLU, tech industry groups, former government officials and moral theologians variously panned the Trump administration's designation of Anthropic PBC as a supply chain risk to national security as unjustified, unlawful and counterproductive.
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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."
Expert Analysis
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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.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Unpacking Ore. Law's Limits On PE Healthcare Investment
A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.