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Commercial Contracts
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January 22, 2026
Panel Pushes Ex-Texans CEO's Son On Probate Jurisdiction
A Texas appeals court on Thursday pushed the son of deceased billionaire and Houston Texans founder Robert McNair to explain why a probate court has no jurisdiction over claims that he surreptitiously placed poison pill agreements into the companies he ran.
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January 22, 2026
Life Insurer Calls NASCAR Driver's $8.5M Suit 'Inflammatory'
NASCAR driver Kyle Busch and his wife failed to pay the premiums on hefty life insurance policies and let them lapse rather than hold on to them long enough for their value to grow, Pacific Life Insurance Co. argued Thursday in seeking an early exit from the couple's suit claiming the policies were a sham.
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January 22, 2026
Walmart Broke Grocery Noncompete Promise, Court Told
The owner of a suburban Pittsburgh grocery store told a Pennsylvania federal judge Thursday that a neighboring Walmart is in violation of a nearly 30-year-old deal not to compete for food sales, blaming a recent remodel for a drop in the grocer's sales.
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January 22, 2026
3rd Circ. Says Medical Pot Contract May Violate Federal Law
The Third Circuit on Thursday vacated a medical cannabis company's win in a lawsuit filed by a consultant claiming that it had stolen his trade secrets for growing marijuana samples, finding it couldn't decide the appeal because the parties' contract might have violated federal drug law.
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January 22, 2026
FTC Cites 'Serious Concerns' With Epic-Google Play Deal
A settlement resolving Epic Games' antitrust lawsuit against Google that would replace the injunction Epic won against Google's Play Store controls has drawn pushback from the Federal Trade Commission, which is urging strict scrutiny of the agreement currently under the eye of an already skeptical California federal judge.
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January 22, 2026
Ga. Financial Firm CEO Cops To $380M Ponzi Scheme
The CEO of an Atlanta-area financial advisory group has pled guilty to conducting a $380 million Ponzi scheme, which is likely the largest in Georgia history, according to prosecutors.
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January 22, 2026
Md. Judge Keeps Ship Manager Liability Shield Bid Alive
A Maryland federal judge Thursday allowed the manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge to press ahead, for now, with its request to invoke a nearly two-centuries-old maritime law to limit its liability for the 2024 wreck.
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January 22, 2026
T-Mobile Aims To Freeze Rate Action For Arbitration
T-Mobile USA Inc. is asking a Washington federal judge to compel individual arbitration and stay a proposed class action over alleged wireless plan price hikes, arguing that customers agreed to arbitrate billing disputes and waive class claims.
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January 22, 2026
Golf Club Says Allianz Unit Owes $2.2M In Hurricane Coverage
An Allianz unit acted in bad faith when refusing to pay nearly $2.3 million in coverage for damages caused by Hurricane Helene, a private golf club alleged in a suit removed to North Carolina federal court.
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January 22, 2026
Shareholder Says $2.3B Take-Private Deal Hid Blackstone Ties
Board members of Hawaii-based commercial real estate investment trust Alexander & Baldwin obscured their connections to Blackstone Real Estate in securities filings preceding a proposed $2.3 billion take-private deal, an investor claimed in an Illinois federal lawsuit.
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January 22, 2026
Taft Adds Biden's Swing State Voter Engagement Adviser
Taft Stettinius & Hollister LLP has hired a former White House senior adviser to former President Joe Biden who counseled the president on how to engage African American voters, civil rights organizations and other stakeholders in key battleground states, the firm announced Wednesday.
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January 21, 2026
NYC Sues Dr. Phil's Son To Stop NYPD Reality Show
The city of New York on Wednesday sued the son of celebrity psychologist Dr. Phil in state court, claiming that he and his production company plan to air a reality television show about the New York Police Department that contains footage that would threaten the lives and safety of active police officers, witnesses and victims.
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January 21, 2026
Costco Nears Settlement With Insurer Over Store Injury Claims
A Hartford unit has reached a tentative deal with Costco to end claims that the insurer wrongfully refused defense coverage for a lawsuit by a customer allegedly hurt while trying to move a grill box at a California store, according to a Wednesday filing in Seattle federal court.
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January 21, 2026
Court Rejects Sanctions In Venezuelan Oil Defamation Case
A Florida federal judge on Wednesday declined to sanction a director of a Venezuelan state-owned oil company, finding no conflict of interest by his attorneys at Diaz Reus LLP in a now-dismissed suit accusing the director and others of engaging in a campaign to smear Venezuelan civic leaders.
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January 21, 2026
Delaware Justices Clarify Ruling On Loews' $1.5B Cash-Out
In a rare second look at one of its own recent decisions, Delaware's Supreme Court said an earlier opinion "misconstrued" some dimensions of an unjust enrichment challenge to Loews Corp.'s $1.5 billion buyout of Boardwalk Pipeline Partners LP public unitholders.
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January 21, 2026
PE Firm Used Jail Threats To Steer Cannabis Deal, Court Told
A private equity firm can't free itself from a contract breach spat between a CBD and hemp product manufacturer and its business partner, as the firm not only interfered with the contract but also threatened to have people thrown in jail if they refused to capitulate, a North Carolina federal court heard Wednesday.
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January 21, 2026
Texas AG Launches Investigation Into Vaccine Incentives
The Texas attorney general launched what it characterized as a sweeping, multi-industry investigation into financial incentives for medical providers to recommend childhood vaccines, saying providers regularly dish out vaccines that "are not proven to be safe or necessary."
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January 21, 2026
Schwab Nixed From DOL Enforcement Suit Against Other Firm
A Pennsylvania federal judge on Wednesday dismissed two Schwab companies from a U.S. Department of Labor enforcement case, finding the financial services providers' participation was no longer needed in the agency's dispute against another firm.
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January 21, 2026
3rd Circ. Ends Minor League Owner's Suit Over MLB Ties
The Third Circuit on Wednesday upheld the dismissal of a lawsuit from the owner of the Oregon-based Salem-Keizer Volcanoes alleging a minor league baseball official cut the team out of a relationship with Major League Baseball, finding the official had no fiduciary duty to it.
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January 21, 2026
Feds Back Freight Broker In High Court Negligence Case
The federal government urged the U.S. Supreme Court Wednesday to hold that federal law unequivocally shields freight brokers from state-based negligence and personal injury claims, throwing its support behind broker and logistics giant C.H. Robinson in a closely watched case.
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January 21, 2026
Apple Workers In Wash. Sue Over Limits On Moonlighting
Apple Inc. has broken a Washington state moonlighting law by prohibiting dozens of lower-wage workers from taking second jobs to supplement their incomes, according to a former employee's proposed class action against the company.
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January 21, 2026
Pa. Justices Reverse Clickwrap Arbitration Limits, For Now
The Pennsylvania Supreme Court has determined that a lower appellate court was too quick to declare that "clickwrap" arbitration agreements buried in apps' and websites' terms of service erode the constitutional right to trial by jury, reversing a decision that invalidated such an agreement in an injury suit against Uber.
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January 21, 2026
Licensing Deal Saves Cisco From Lionra Suit, Fed. Circ. Says
The Federal Circuit rebuffed Lionra Technologies Ltd.'s efforts to save its patent infringement case against Cisco Systems Inc., with a panel finding Wednesday that a licensing agreement foreclosed the lawsuit and calling Lionra's characterization of the agreement "skewed."
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January 21, 2026
NC Court Throws Duke A Lifeline In Transfer Battle With QB
A North Carolina state judge allowed Duke University quarterback Darian Mensah to enter the NCAA transfer portal Wednesday, but prohibited him from signing with another school until ruling on Duke's request for an injunction that would keep him at the university.
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January 21, 2026
Businesses Seek OK On $436M Toyota Forklift Emissions Deal
A proposed class of businesses is asking a California federal court to give the go-ahead on a $436 million settlement with Toyota Industries Corp. and its material handling affiliates in a suit that alleged the company misled them on their forklift and construction engine emissions.
Expert Analysis
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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.
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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.