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Commercial Contracts
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January 26, 2026
4th Circ. Preview: NCAA Eligibility And E-Cigarette Law
Notwithstanding the winter storm that slammed several states over the weekend, litigators will clash at the Fourth Circuit this week on whether NCAA eligibility rules violate antitrust law, or federal law preempts North Carolina's ability to regulate e-cigarette sales.
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January 26, 2026
Healthcare Rewards Co. Sues Partner Over Alleged Tech Theft
A California-based healthcare technology company has sued in Delaware Chancery Court, accusing a longtime business partner of secretly stealing its proprietary rewards technology, then attempting to terminate their contract years early after building a competing product in-house.
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January 26, 2026
Pot Co. Investors Say Owners Withheld Ownership Rights
Investors in a Long Beach, California, cannabis dispensary are suing the company's principals, saying they have not turned over a 5% ownership stake in exchange for their $250,000 investment and may be using the funds inappropriately.
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January 23, 2026
Webuild Wins Another Round In $147M Chilean Award Fight
A Chilean construction company has suffered its second defeat in under a month as it attempts to enforce a $146.5 million arbitral award against Italian construction giant Webuild, after a Canadian appeals court refused to revive its enforcement petition.
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January 23, 2026
Feds Seek $35M Forfeiture After Ex-CFO's Crypto Conviction
Government prosecutors urged a Seattle federal judge to impose a $35 million forfeiture judgment on a software startup's former executive following his wire fraud conviction, arguing that Nevin Shetty's quick loss of the money in a cryptocurrency collapse doesn't change the fact that he stole it.
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January 23, 2026
CLO Investors Accused Of Rigging Rates In Shift From Libor
Major equity investors in collateralized loan obligations have been sued in Connecticut federal court over claims that they colluded to force corporate leveraged-loan borrowers to accept higher interest rates during the phaseout of the London Interbank Offered Rate, or Libor.
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January 23, 2026
High Court Unlikely To Walk Back MLB's Antitrust Privilege
Baseball's status as the lone sport exempt from federal antitrust laws is likely to evade U.S. Supreme Court scrutiny, with legal experts saying that only an extraordinary challenge could make justices even consider it.
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January 23, 2026
Providers Oppose Credit Bureaus' Medical Debt Appeal
A proposed class of medical providers and collection agencies accusing Equifax, Experian and TransUnion of colluding to exclude medical debt under $500 from consumer credit reports is opposing a bid by the credit bureaus to expedite an appeal of a ruling that denied dismissal of the claims.
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January 23, 2026
DC Circ. Backs FERC In Oil Pipeline Pricing Dispute
The D.C. Circuit on Friday denied a petition challenging the method used by the Federal Energy Regulatory Commission to determine the value of oil flowing through an Alaskan pipeline, finding the agency correctly considered inflation and other factors.
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January 23, 2026
10th Circ. Asked To Overturn Mail Scam Fraud Convictions
Two former Epsilon Data Management LLC employees convicted for their roles in selling data to mail scammers who preyed on the elderly and vulnerable asked the Tenth Circuit to overturn their convictions Friday, while the panel questioned the government's conspiracy case against Epsilon's former business manager.
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January 23, 2026
DC Circ. Bars Nazi Art Claims Over Sovereign Immunity
The D.C. Circuit on Friday reluctantly ended a 16-year-old lawsuit brought by the descendants of a Hungarian Jewish art collector seeking the return of a priceless art collection looted by the Nazis, saying they could not show that the artwork had been expropriated.
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January 23, 2026
Vik's Daughter Drops Bid To Stave Off Deutsche Bank Suit
The daughter of billionaire Alexander Vik has pulled a federal lawsuit against Deutsche Bank after a state court ordered a pause on litigation in Norway, but left open the possibility that she could refile her request for an anti-suit injunction barring the German multinational bank from suing her.
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January 23, 2026
3rd Circ. Preview: Citizens Bank, Quest Fight Appeals In Jan.
The Third Circuit's January lineup will find Citizens Bank and Quest Diagnostics attempting to fight off bids from former employees to revive suits over their compensation.
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January 23, 2026
RE Investor Wants $3.1M Set Aside Amid Conn. Payment Suit
A real estate investor urged a Connecticut state court to order a developer and other parties to set aside $3.1 million in case the investor wins its suit, which involves return-on-investment payments for a $2.5 million investment into a Shelton, Connecticut, commercial real estate project.
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January 23, 2026
As Duke Sues Its Own QB, NIL Tensions Come To A Head
Duke University's gambit to stop its star quarterback from transferring to another school signals the latest friction point in college sports, providing an opportunity for courts to tackle the still-evolving concept of direct payment deals between athletes and their schools regarding name, image and likeness.
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January 23, 2026
Colo. City Worked 'In Secret' To Kill Airport Lease, Court Told
A tenant operating a hangar at a Pueblo, Colorado, airport claimed in federal court that the airport's municipal owner is threatening to cancel a long-term lease after stonewalling its attempts to fix defects turned up in a short-notice inspection held on a federal holiday.
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January 23, 2026
Vegan Protein Co. Claims Bad-Faith Dilution By Partner
A vegan protein company has asked the Delaware Chancery Court to block what it describes as a deeply unfair capital call that would dramatically dilute its ownership stake in a mineral-processing venture, accusing its majority partner of engineering a squeeze-out through bad-faith governance and below-market pricing.
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January 23, 2026
X Can't Access OpenAI Source Code In Antitrust Suit
A Texas federal court will not force OpenAI Inc. to hand over its source code in an antitrust case from Elon Musk's X Corp. over the artificial intelligence company's deal to integrate ChatGPT on Apple devices.
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January 23, 2026
Suit Accusing FTM Wealth Of Tax Scam Faces Jurisdiction Test
A precious metals partnership notified a Colorado federal judge of plans to move its lawsuit against FTM Wealth to state court after learning from FTM member Nathaniel Ott's lawyer that he is a Colorado citizen in a case over an alleged tax scam that the plaintiffs say cost them $12 million.
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January 23, 2026
UK Litigation Roundup: Here's What You Missed In London
This past week in London saw Travelers Insurance hit with a claim from a property buyer over a payout tied to collapsed law firm Axiom Ince, Swedish music group Pophouse Entertainment clash with the production company that helped it create the ABBA Voyage experience, and biotech company Vertex Pharmaceuticals sue rival entity ToolGen for patent infringement.
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January 22, 2026
TikTok Seals Joint Venture Deal For US Operations
TikTok's Beijing-based owner, ByteDance, has sold a majority stake in the video app's U.S. operations to a new U.S.-based joint venture managed by a group of non-Chinese investors in order to comply with a congressional mandate and avoid the app's shutdown, the company announced Thursday.
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January 22, 2026
Mango Labs' 'Buyer's Remorse' Can't Undo SEC Settlement
Crypto project Mango Labs can't cancel the terms of a nearly $700,000 settlement with the U.S. Securities and Exchange Commission just because the agency has pivoted away from crypto enforcement cases and left the project with "buyer's remorse," a Manhattan federal judge ruled.
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January 22, 2026
6th Circ. Revives Law Firm Worker's Anthem Coverage Fight
Anthem Blue Cross Blue Shield's decision denying coverage for a law firm employee's son to continue receiving residential mental health treatment was arbitrary and capricious, the Sixth Circuit ruled Thursday, saying the insurer needs to carry out a "full and fair review of the requested coverage."
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January 22, 2026
Google, Epic Fight Uphill To Tweak App Antitrust Injunction
A California federal judge indicated Thursday that he's unlikely to grant Epic and Google's request to modify a permanent injunction issued after a jury found Google monopolized the distribution of apps on Android devices, saying they have to show changed circumstances, and "I haven't seen anything change, other than a deal" between the companies.
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January 22, 2026
Debt Collector Takes Computer Fraud Ruling To High Court
A debt collection agency asked the U.S. Supreme Court on Thursday to pause a Third Circuit decision that found an ex-employee's sharing of a password spreadsheet didn't make for a case under the Computer Fraud and Abuse Act, saying the appeals court improperly narrowed the scope of the statute.
Expert Analysis
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How Workforce, Tech Will Affect 2026 Construction Landscape
As the construction industry's center of gravity shifts from traditional commercial work to infrastructure, energy, industrial and data-hosting facilities, the effects of evolving technology and persistent labor shortages are reshaping real estate dealmaking, immigration policy debates and government contracting risk, say attorneys at Cozen O'Connor.
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Contract Disputes Recap: Delay, Plain Text, Sovereign Acts
Three recent decisions addressing familiar pressure points show that even well-worn doctrines evolve, and both contractors and the government should reexamine their assumptions, says Zachary Jacobson at Seyfarth.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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Series
The Law Firm Merger Diaries: Integrating Practice Groups
Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.
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Opinion
Supreme Court Term Limits Would Carry Hidden Risk
While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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The Hidden Pitfalls Of Letters Of Credit In Lease Negotiations
Amid a surge in commercial office leasing driven by artificial intelligence firms, it's crucial for landlords to be aware of the potential downside of accepting letters of credit — in particular, for amounts of security that are less than the statutory bankruptcy claim cap, say attorneys at Allen Matkins.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.
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What Law Firm Liability Risks In 2025 Signal For Year To Come
Trends and statistics reveal that law firms of all sizes and practice areas remained attractive litigation targets this year, so firms must take concrete steps to avoid professional liability risks in the year to come, say Douglas Richmond and Andrew Ricke at Lockton Companies.
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1st-Of-Its-Kind NIL Claim Raises Liability Coverage Questions
The University of Georgia Athletic Association recently sought to compel arbitration against former UGA football player Damon Wilson in a first-of-its-kind legal action for breach of a name, image and likeness contract, highlighting questions around student-athlete employment classification and professional liability insurance coverage, says Sarah Abrams at Baleen Specialty.
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AI Evidence Rule Tweaks Encourage Judicial Guardrails
Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.
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Where Things Stand At The CFPB As Funding Dries Up
The Consumer Financial Protection Bureau is on pace to run out of funding in the new year, threatening current and future rulemaking efforts, but a rapid series of recent actions still carries significant implications for regulated entities and warrants careful monitoring in the remaining weeks of the year, say attorneys at Brownstein Hyatt.
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Series
The Law Firm Merger Diaries: Getting The Message Across
Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.
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Opinion
Horizontal Stare Decisis Should Not Be Casually Discarded
Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.
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10 Commandments For Agentic AI Tools In The Legal Industry
Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.