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Commercial Contracts
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February 24, 2026
Biotech Co.'s Ex-CEO Calls $816K Atty Fee Demand 'Padded'
Fox Rothschild LLP should receive no more than $200,000 in fees and costs for its successful prosecution of a breach of contract and conversion suit against a former biotech executive, the defendant told a Connecticut court in pushing back on a request for nearly $816,000.
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February 24, 2026
Pro Se Atty Asks 10th Circ. To Rehear Frontier Bias Suit
A self-represented attorney asked the Tenth Circuit on Monday to reconsider its decision to back the lower court's dismissal of her racial discrimination lawsuit against Frontier Airlines, arguing that a panel misread her allegations that gate agents mocked her Indian accent and denied her boarding.
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February 24, 2026
Calif. Firm Says Texas Immunity Law Blocks $11M Fee Suit
A California law firm is urging an Austin federal judge to dismiss claims that it participated in unlawfully withholding $11 million in attorney fees from a Texas law firm that allegedly helped secure a nine-figure verdict against Walmart, arguing a Texas immunity law protects the Golden State firm from being held liable to non-clients.
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February 24, 2026
NC Firm Says Insurers Shirked Coverage For Forgery Loss
A North Carolina law firm has sued its insurers over coverage for nearly $130,000 it lost as a result of a forged cashier's check and related wire transfer, saying the carriers wrongfully denied coverage despite ample evidence supporting its claim.
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February 23, 2026
NC Hotel Bedskirt Biz Spat Pared After Rocky Trial Start
A North Carolina Business Court judge on Monday pared certain claims from a corporate mismanagement suit on the first day of trial after hours of testimony from a minority member who accused the majority owner of defrauding the business, following a benchslap in which the judge chewed him out for his tardiness.
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February 23, 2026
Flyers Seek TRO In Alaska-Hawaiian Merger Antitrust Suit
Airline passengers are urging a Hawaii federal judge to preserve Hawaiian Airlines as a standalone carrier, contending in a recently revived antitrust lawsuit that Hawaiian's 2024 merger with Alaska Airlines has harmed consumers with higher fees, reduced routes and eroded frequent flyer rewards.
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February 23, 2026
Disney Slams Dish's Antitrust Counterclaims In Sling TV Suit
The Walt Disney Co. and ESPN urged a New York federal court to toss Dish Network's antitrust counterclaims accusing Disney of forcing it to carry less desirable channels in order to gain access to the "must-have" ESPN, saying Dish's refusal to adapt as streaming platforms evolve is not Disney's fault.
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February 23, 2026
Court Rejects $5.8M Fee Bid In Puerto Rico Funds Case
A Puerto Rico federal judge denied an investment firm's bid for $5.8 million in attorney fees after the firm brought successful countersuit claims against investors, finding that the commonwealth's corporations law, which governs the case, prohibits legal fees absent a finding of obstinacy.
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February 23, 2026
American Airlines' Contract Battle With JetBlue Stays In Texas
The Texas Business Court has denied a bid by JetBlue to escape a lawsuit alleging the airline neglected to pay American Airlines money it owed as a part of a profit-sharing agreement, finding the court has jurisdiction to hear the case.
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February 23, 2026
Pickleball Paddle Maker Can't Shake Fraud Claims
A Maryland federal judge denied a pickleball paddle maker's attempt to dodge USA Pickleball Association claims alleging that it submitted a prototype paddle for approval yet later made and sold a more powerful paddle that was never tested or approved.
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February 23, 2026
Insurer Found In Breach Of Duty In Timeshare Exit Co. Case
Insurer RSUI Indemnity Co. Inc. breached its duty to defend timeshare exit company Reed Hein & Associates LLC from class claims that it engaged in deceptive practices and defrauded customers, a Washington federal judge said in a mixed summary judgment ruling.
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February 23, 2026
Firm Waived Arbitration When It Filed Fee Suit, Ga. Panel Says
The Georgia Court of Appeals has reversed a trial court's order sending a fee dispute between litigation firm Herman Jones LLP and an ex-client to arbitration, ruling Monday that there's "no clearer act" waiving the arbitration provision than the firm's decision to file a lawsuit instead.
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February 23, 2026
Tempur-Pedic Maker Hits Mattress Seller With TM Suit
The "world-famous" trademarks Tempur-Pedic and Sealy are being violated by a small mattress seller that is continuing to use the marks well beyond the end of a retail agreement, Sealy Technology LLC told a North Carolina federal court.
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February 23, 2026
Outdoors Co. Says Investor Allowed Trademark Rights Sale
A Nevada investment company and two of its officers breached their contract with Colorado-based outdoor recreation company Exxel Outdoors LLC and allowed an unauthorized sale of Exxel's trademark rights to occur without notice, it alleged in Colorado state court.
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February 23, 2026
Catching Up With Delaware's Chancery Court
Legal fee feuds, noncompete pact breach fights and post-closing "earnout" battles piled up in Delaware's equity and commercial law venues last week, with top jurists briefing lawmakers on efforts to better manage crowded dockets and expanded benches.
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February 23, 2026
Fed. Circ. Revives Cell Modem Patent Case
The Federal Circuit on Monday reversed a Minnesota federal court's decision that two patents covering cellular modem technology were invalid, but refused to revive the patent owner's breach of contract claims.
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February 23, 2026
5th Circ. Says Atty Fee In Architecture IP Case Wasn't Explained
The Fifth Circuit has vacated a $500,000 attorney fee award granted to the legal team representing a realty firm that was accused of infringing copyrighted designs for a senior living facility, finding that a federal judge had not explained the calculation behind that amount.
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February 23, 2026
Pretium's Ch. 11 Prepack Confirmed Over Opt-Out Objection
Pretium Packaging LLC received approval Monday in New Jersey bankruptcy court for its prepackaged Chapter 11 plan of reorganization after a judge said an opt-out mechanism for third-party releases is a permitted means of gaining consent from creditors.
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February 23, 2026
Justices Reject Eni Natural Gas Project Feud
The U.S. Supreme Court on Monday declined Italian energy giant Eni's bid to review a New York appellate court decision that it says "stretched the claim preclusion doctrine beyond all constitutional bounds," in a long-running and multifaceted dispute stemming from a deal over a billion-dollar Mississippi liquefied natural gas processing facility.
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February 23, 2026
Justices Reject Vegas Sun Bid To Revive Protective Pact
The U.S. Supreme Court refused Monday to take up a Ninth Circuit decision that nixed an agreement protecting the Las Vegas Sun from the Las Vegas Review-Journal's alleged plan to drive it out of business.
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February 20, 2026
Jury Finds Co-Investors Breached Oil Terminal Project Deal
A Texas business court jury on Friday sided with an investor who alleged he was almost edged out of a lucrative oil terminal project, deciding that his co-investors flouted the parties' contract.
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February 20, 2026
Bumble Allowed 'Massive' Data Breach, Class Action Claims
Dating app Bumble failed to protect users' personal information stored in the company's information network, making it vulnerable to a recent data breach by a cybercriminal operation known as ShinyHunters, a Texas woman alleged in a proposed class action.
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February 20, 2026
Class Attys Allege Lead Counsel Is Hoarding $75M Sutter Fees
Schneider Wallace Cottrell Kim LLP has urged a California federal magistrate judge to enforce the $75.4 million fee award in Sutter Health's $228.5 million deal resolving a decade-long antitrust fight, arguing lead counsel Constantine Cannon LLP "unilaterally" and "arbitrarily" cut SWCK's fees by nearly $800,000 while boosting its own.
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February 20, 2026
Valve's Anti-Troll Law Win Could Open New Doors
The first jury verdict in the U.S. finding a patent owner violated state law meant to curb bad faith patent suits had unique circumstances that will be hard to repeat, but attorneys say Tuesday's decision still has them considering the little-used laws more closely.
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February 20, 2026
Chemours, Koura Beat Rivals' Refrigerant Antitrust Suit
A North Carolina federal judge has tossed an antitrust lawsuit against DuPont spinoff the Chemours Co. FC LLC and a fellow refrigerant distributor, saying two of their rivals failed to plausibly allege an antitrust injury or conspiracy, among other requirements needed to keep the suit alive.
Expert Analysis
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Sales And Use Tax Strategies For Renewables After OBBBA
With the One Big Beautiful Bill Act sharply curtailing federal tax incentives for solar and wind projects, it is vital for developers to carefully manage state and local sales and use tax exposures through early planning and careful contract structuring, say advisers at KPMG.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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FTC Actions Highlight New Noncompete Enforcement Strategy
Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.
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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.