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Commercial Contracts
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February 18, 2026
Amazon Rips FTC's 'Farfetched' Antitrust Discovery Refusals
Amazon slammed the Federal Trade Commission on Tuesday for treating discovery "as a one-way road" in the agency's antitrust case against the e-commerce giant, calling on a Seattle federal judge to again order the agency to cough up answers that the company says are key to formulating its defense.
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February 18, 2026
2nd Circ. Says No Pension Bill For Bus Co. After Union Switch
The Second Circuit on Wednesday backed a ruling that cut a school bus company's pension withdrawal liability to zero, siding with the company's interpretation that federal benefits law entitled it to a discount on what was owed when its employees switched from one union to another.
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February 18, 2026
Texas AG Says Hospital Violated Gender-Affirming Care Ban
Texas Attorney General Ken Paxton sued the Children's Health System of Texas on Wednesday, alleging it performed gender-affirming care on children through puberty blockers and cross-sex hormones despite a state law banning the treatments.
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February 18, 2026
Florida Court Revives Homeowner Suit Against Insurer
A Florida appeals court on Wednesday revived a suit by two homeowners against their insurer after finding that the lawsuit was wrongly tossed because the homeowners' counsel failed to appear at trial.
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February 18, 2026
Conn. Doctor Accused Of Taking Patient Data Must Pay $509K
An obstetrician-gynecologist must pay about $509,000 to her former practice, which is suing her for allegedly pilfering its patients and trade secrets, after a Connecticut state judge confirmed an arbitration award against her that arose from her own accusations of unpaid compensation.
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February 18, 2026
NC City Not Covered In Wrongful Conviction Suit, Court Told
An insurer claimed it has no duty to defend or indemnify a city government or one of its police detectives against a civil suit brought by a man who was wrongfully convicted of the 2008 murder of a University of North Carolina student, the insurer told a North Carolina federal court.
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February 18, 2026
Nordic Energy Faces Trimmed Suit Over Energy Pricing
An Illinois federal judge allowed a homeowner to move forward with a lawsuit that accused Nordic Energy Services LLC of charging him higher prices than promised, finding language in the contract describing the charges supported the plaintiff's interpretation of costs.
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February 18, 2026
Jury Finds Ex-Coal Exec Guilty Of Authorizing Bribes
A Pennsylvania federal jury Wednesday found a former coal executive guilty of authorizing bribes to an arm of the Egyptian government, following less than five hours of deliberations in a closely watched Foreign Corrupt Practices Act trial that commenced despite the government's pause on enforcement of the statute last year.
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February 17, 2026
Trade Secrets Expert Defends Patent Review In $1M Tech Row
Counsel for an audio-video network transmission company on Tuesday pressed an aerospace manufacturer's trade secrets expert on why he reviewed only select portions of a disputed AVoIP patent, setting up the first of a three-day bench trial over a soured $1 million technology deal.
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February 17, 2026
$500M Medical Glove Feud Must Be Arbitrated, Court Hears
A medical gloves supplier is arguing that a Malaysian exporter must arbitrate its $500 million fraud and breach of contract suit after the two had a falling out stemming from a massive COVID-19-era pact aimed at supplying repackaged nitrile gloves to Walmart.
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February 17, 2026
Jackson Lewis Adds Employment Pro From Gordon Rees
Jackson Lewis PC expanded its employment litigation practice with the addition of principal David W. Silke, who joined the firm's Seattle office after nearly 18 years with Gordon Rees Scully Mansukhani LLP.
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February 17, 2026
Founders Made Fish Farming Co. Go Belly Up, Court Told
The president of a defunct fish farming company told a Texas federal judge that its founders misappropriated and then squandered $90 million worth of debt and equity, saying during a Tuesday bench trial that the layers of their deceit were "like an onion."
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February 17, 2026
Wash. Bank Ignored Ponzi Scheme Warnings, Investors Say
Investors have urged a Washington federal judge not to toss their suit accusing Columbia Bank of keeping a real estate investment firm's $230 million Ponzi scheme afloat by maintaining the enterprise's accounts even when evidence of fraud surfaced, arguing there is ample factual evidence showing that the bank knew about the scheme and assisted in it.
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February 17, 2026
Flat Fee Or Contingency? Firm, Ex-Client Fight Over IP Spoils
A 3D printing technology company has urged a Washington federal court to toss a breach of contract lawsuit brought by its former law firm, Lee & Hayes PC, arguing it agreed to a flat fee ahead of a patent settlement, while Lee & Hayes accused its former client of "underhanded misrepresentations" and denied waiving its contingency fee arrangement.
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February 17, 2026
Ga. Panel Says Union Shorted Cop's Defense Over Shooting
A Georgia appellate panel on Tuesday upheld a trial court's ruling that a police union breached its contract with a former Atlanta officer by failing to furnish him with legal representation after a high-profile shooting, clearing the way for the case to proceed to trial.
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February 17, 2026
NC Justices Asked To Undo Earth Fare Founder's $195K Award
Organic supermarket chain Earth Fare and its post-bankruptcy owner told North Carolina's top court on Tuesday that its founder can't recover damages for work he was salaried to do while revitalizing the brand, saying the justices should unravel a $195,000 unjust enrichment verdict in his favor.
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February 17, 2026
Fla. Apt. Owners Reach Deal In Construction Defect Suit
The owners of a Florida apartment complex reached an agreement with contractors to settle a construction defect lawsuit before a state court jury awarded $8.6 million in damages after finding the building had deteriorated prematurely.
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February 17, 2026
Pepsi And Walmart Inflated Soda Prices, ND Businesses Say
Pepsi and Walmart devised a plan to inflate prices for Pepsi soft drinks above competitive levels, two North Dakota businesses said in a proposed class action in New York federal court that alleges the companies violated federal antitrust laws.
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February 17, 2026
Coal Exec 'Had No Ability' To OK Paying Bribes, Jury Told
A former coal executive's defense in a Foreign Corrupt Practices Act case could hinge on whether a jury believes a law professor's opinion that the Al Nasr Co. for Coke and Chemicals was officially owned by the Egyptian government and whether the executive "authorized" payments allegedly used to bribe Al Nasr officials, according to closing arguments in a federal trial Tuesday.
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February 17, 2026
CoStar Rival Urges High Court To Reject Antitrust Appeal
A rival accusing CoStar of blocking competition for commercial real estate listing services is urging the U.S. Supreme Court not to review a ruling that revived the rival's counterclaims, saying that CoStar just disagrees with how the appeals court viewed the allegations.
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February 17, 2026
Kraft Heinz To Face Damages Bid In Factory Upgrade Row
A Pennsylvania federal judge has ruled that Kraft Heinz Co. contributed to delays in a construction project at one of its facilities by rushing the contractor and frequently changing the plans, holding that Industrial Power Systems Inc. sufficiently showed that it suffered damages from the delays.
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February 17, 2026
Valve Jury Says Rothschild, Atty Broke Anti-Patent Troll Law
Inventor Leigh Rothschild, his companies and his former attorney broke Washington state's anti-patent trolling law by making a bad faith assertion of patent infringement against video game developer Valve Corp., and Rothschild and his companies breached an intellectual property licensing deal in the process, a Seattle federal jury found on Tuesday.
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February 17, 2026
Packaging Co. Says Stiiizy Owes $7M On Breached Contracts
All Packaging Co. LLC is suing Stiiizy Inc., alleging in California federal court that the cannabis company is in breach of a pair of contracts and has failed to pay around $7 million under those agreements.
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February 17, 2026
Fox's $5.8M IP Win Unaffected By New Email Service Ruling
A recent Second Circuit decision barring email process service will not disturb a New York federal court's $5.8 million award to Fox Corp. in its feud with Mexican media companies after the judge on Tuesday drew key distinctions between the cases.
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February 17, 2026
Kids Cup Brand Says Testing Co. Missed High Lead Levels
A Massachusetts testing firm failed to identify higher-than-allowed lead levels in a line of stainless steel tumblers marketed for children, leading to a recall of about 400,000 cups, the brand's owner alleged in a state court complaint docketed Tuesday.
Expert Analysis
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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Liability Lessons From Luxury Cruise Thwarted By Sanctions
An ongoing legal dispute over a canceled luxury cruise to the North Pole reminds attorneys that liability can surface even before a ship leaves the dock — and that U.S. sanctions law increasingly lurks in the background of global travel contracts, says Peter Walsh at The Cruise Injury Law Firm.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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How GILTI Reform Affects M&A Golden Parachute Planning
Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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How The 5th, DC Circuits Agreed On FCC Forfeiture Orders
The Fifth and D.C. Circuits split this year on the Federal Communications Commission's process for adjudicating enforcement actions, but both implicitly recognized the problem with penalizing a party based on a forfeiture order that has not yet been challenged in any way in court, says Jared Marx at HWG.
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With Obligor Ruling, Ohio Justices Calm Lending Waters
A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.
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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.