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Commercial Contracts
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March 18, 2026
Norfolk Southern Secures Insurer Defense Over Worker Death
Nautilus Insurance Co. must defend Norfolk Southern Railway Co. in a state tort action over the death of a salvage worker, a New York federal judge ruled, finding the railroad giant presented sufficient evidence that the worker may have caused his own injury.
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March 18, 2026
Ex-CEO, Atty Misappropriated Patent, Gaming Co. Says
A game developer specializing in electronic bingo gaming machines has filed suit against its former chief executive officer and an attorney for allegedly scheming to use their positions and access within the company to steal a patent.
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March 18, 2026
NC Judge Moves Ex-Exec's Wage Fight With Cancer Co. To Va.
A North Carolina federal judge agreed to transfer a former C-suite executive's unpaid wages case against a Canadian cancer testing and treatment company to Virginia, where its U.S. headquarters are, finding the Old Dominion is the better venue.
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March 18, 2026
Ga. Panel Preserves HOA Fraud Verdict, Scraps $21M Award
The Georgia Court of Appeals backed fraud and civil racketeering verdicts won by nearly a dozen homeowners against a developer but scrapped $21 million in punitive damages the residents were awarded as excessive "even given the defendants' wealth and repeated instances of bad behavior."
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March 18, 2026
Food Cos. Get Another Shot At David Protein Antitrust Case
A New York federal court is letting low-calorie food producers take another shot at their antitrust claims accusing protein bar-maker David Protein of refusing to sell them a fat replacement ingredient after purchasing the ingredient's only supplier.
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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.
Expert Analysis
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How The New Tariff Landscape May Unfold
To replace tariffs formerly imposed under the International Emergency Economic Powers Act, the administration will rely on a patchwork of statutes, potentially leading to procedural challenges and a complex tariff landscape with varying levels, durations and applicability, says Joseph Grossman-Trawick at King & Spalding.
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What GCs Should Keep In Mind When Developing AI Addenda
When general counsel develop their own customer-side artificial intelligence addenda to be used as the baseline for negotiations with AI vendors, they should take care to rightsize the addenda relative to their organization's size, complexity and bargaining power, say attorneys at Polsinelli.
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2nd Circ. Kazakh Ruling Clarifies RICO Rule, FSIA Exception
The Second Circuit's recent Yerkyn v. Yakovlevich ruling, dismissing a Racketeer Influenced and Corrupt Organizations Act claim, demonstrates that RICO's domestic injury requirement is a merits question, and reaffirms the Foreign Sovereign Immunities Act's commercial activity exception, says Brant Kuehn at Greenspoon Marder.
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Character.AI Case Highlights Agentic AI Liability Questions
The recently settled litigation against Character Technologies Inc. provides an early case study for exploring salient legal issues related to agentic artificial intelligence, such as tort liability, strict liability, statutory liability and contractual liability, says Samuel Mitchells at Smith Gambrell.
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How DOL Rule Would Preserve App-Based Contractor Work
The U.S. Department of Labor's proposed 2026 independent contractor rule reinforces the centrality of worker autonomy and entrepreneurial opportunity that characterize many app-based arrangements, and returns to a framework that may offer increased predictability for platforms and workers alike, say attorneys at Gibson Dunn.
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Series
Volunteering With Scouts Makes Me A Better Lawyer
Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.
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Compliance Takeaways Amid Subscription Practices Scrutiny
The Federal Trade Commission's prioritization of enforcement regarding deceptive billing and cancellation practices in recurring subscriptions, and new click-to-cancel rulemaking expected on the horizon, carry key takeaways for companies using recurring subscriptions to sell products or services, say attorneys at Arnold & Porter.
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Series
Law School's Missed Lessons: In Court, It's About Storytelling
Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.
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What Kalshi Cases Reveal About State Authority, Regulation
Prediction markets like Kalshi have ignited complex legal battles that get to the heart of how novel financial products intersect with traditional state enforcement authority, and courts are already beginning to divide over whether federal law preempts state enforcement authority restricting these offerings, say attorneys at Holtzman Vogel.
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What US Arms Sales Reforms Mean For Defense Industry
A recent executive order with the goal of increasing U.S. arms sales transparency, speed and government-industry collaboration carries both promise and risk for the defense industry as the government seeks to leverage the private sector and use commercial products for defense purposes, say attorneys at Fluet.
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How Recent Del. Rulings Clarify M&A Deal Fraud Carveouts
Two recent Delaware decisions have provided clarity regarding when a party can or cannot rely on representations made during the course of an M&A transaction, particularly on the scope and enforceability of antireliance provisions, and on representations they knew or should have known were false, says Anthony Boccamazzo at Olshan Frome.
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Aligning Microsoft Tools With NYC Bar AI Recording Guidance
The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from January and identifies practice tips from cases involving allegations of violations of consumer fraud regulations, the Fair Credit Reporting Act, employment law and breach of contract statutes.
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5 Different AI Systems Raise Distinct Privilege Issues
A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.
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After Learning Resources: A Practical Guide For US Importers
Following the U.S. Supreme Court's Feb. 20 decision in Learning Resources v. Trump, U.S. importers and consumers on whom tariffs were imposed under the International Emergency Economic Powers Act can seek relief through existing administrative procedures or a yet-to-be-determined bespoke refund mechanism, and should plan for more changes in the tariff landscape, say attorneys at Baker Botts.