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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
Weber Gallagher Simpson Stapleton Fires &...

A Seven-Case Workers’ Comp Sampler from NY’s 3rd Dept.: Board Discretion Wins the Day

Seven workers’ compensation decisions were released by the New York 3rd Dept. the week of 2/11/2026: Matter of Jackson v New York Foundling Hospital - The claimant, a social worker, had a variety of ailments that led to an...more

Alston & Bird

Federal Court Rules using AI Tools can Waive Privilege, Even if Privileged Information is Input into Them

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On February 10, 2026, the U. S. District Court for the Southern District of New York held that a criminal defendant could not claim attorney-client privilege over documents he produced using a commercially available...more

Troutman Amin LLP

BIG LAW BIG LOSS: AFLAC Gets Destroyed by Guy Without a Lawyer In TCPA Case After Hiring Big Law to Represent It (Terrible)

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Aww the terrible AFLAC Duck. With college football season behind us– great national championship game BTW– I probably won’t hear from that terrible annoying duck for a while....more

EDRM - Electronic Discovery Reference Model

Crypto-Procrastination: The Dangerous Delay in Preparing for Post-Quantum Data Security

Somewhere right now, an adversary is quietly siphoning encrypted financial data off a major bank’s network—not to read it today, but to crack it open the moment quantum computers catch up....more

Goldberg Segalla

Defendant’s Motion for Plaintiff to Disclose Settlements Granted by Louisiana Eastern District Court

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Court: United States District Court for the Eastern District of Louisiana - Plaintiffs Erica Dandry Constanza and Monica Dandry Hallner allege the decedent, Michael P. Dandry Jr., had occupational exposure to asbestos by...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Ingevity Corporation v. BASF Corporation

Ingevity Corporation v. BASF Corporation, Appeal No. 2024-1577 (Fed. Cir. Feb. 11, 2026) - In our Case of the Week, the Federal Circuit affirmed a $85 million antitrust verdict from the District of Delaware, based on...more

Troutman Pepper Locke

Third Circuit Ruling Highlights Unique Dynamics for Cannabis-Related Contract Disputes

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A recent decision of the U.S. Court of Appeals for the Third Circuit serves as a stark reminder to companies and individuals in the state-legal cannabis industry that the federal illegality of cannabis can jeopardize their...more

A&O Shearman

Southern District Of New York Dismisses Securities Act Claims Against Mobile Content Company For Lack Of Statutory Standing And...

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On February 5, 2026, Judge Victor Marrero of the United States District Court for the Southern District of New York dismissed a putative class action asserting claims under Sections 11 and 12(a)(2) of the Securities Act of...more

Hughes Hubbard & Reed LLP

DC Circuit Affirms Decision in $34M Arbitration for Ukrainian Companies Against Russia

Hughes Hubbard successfully represented a group of 11 Ukrainian petrol companies, led by Stabil LLC, before the U.S. Court of Appeals for the District of Columbia Circuit, which affirmed the United States District Court for...more

Kaufman & Canoles

Consumer Finance Client Alert - Eviction Case Law Alert

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On February 10, 2026, in Hong Thanh Ha v. Philip Ha, Record No. 1348-24-4 (Va. Ct. App.  Feb. 10, 2026), the Court of Appeals of Virginia decided a significant case affirming an order entered by the Circuit Court of Prince...more

Cranfill Sumner LLP

Our Company Just Received a “Derivative Demand.” Now What?

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Disputes among company owners (called “members” for limited liability companies and “shareholders” for corporations) often escalate into legal action. One type of dispute is a derivative action—a claim brought by a minority...more

Shumaker, Loop & Kendrick, LLP

Digital Risk Report, February 2026

AI, Privilege, and the Courts: Key Ruling on AI-Generated Legal Materials As artificial intelligence (AI) transitions from experimental models to practical, agent-driven applications in 2026, legal professionals and clients...more

Haynes Boone

Gateway to Termination: Supreme Court Narrows “Repeated Defaults” Termination

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Contracts in the energy and construction sectors regularly provide a party with a right to terminate for specified defaults by their counterparty. Where, for example, an employer fails to pay on time, this may only give rise...more

Whiteford

Common Will Dispute Scenarios in Virginia

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Will contests are among the most common and also the most emotionally charged types of estate disputes. A will is a legal document setting forth a person’s directions for the disposition of their probate estate upon their...more

Lathrop GPM

Wisconsin Federal Court Denies Franchisee’s Motion to Dismiss Declaratory Judgment Suit Concerning Arbitrability

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In a dispute over whether individuals signing a franchise agreement are subject to the franchise agreement’s arbitration provisions, a federal court in Wisconsin denied a motion to dismiss a request for the federal court to...more

EDRM - Electronic Discovery Reference Model

Possession, Custody, or Control – Need for a Uniform National Standard – Part II

In L.S. v. Bolduan, 2026 WL 95689 (W.D. Wash. Feb. 12, 2026), under the “legal right test,” defense counsel–who obtained information from their institutional client in a State court case–did not have possession, custody, or...more

Winstead PC

Texas Supreme Court Holds That An Order Admitting A Will To Probate Was Not A Final Order Because It Did Not Resolve A Will...

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In In the Estate of Wheatfall, after Hugh Wheatfall died in 2018, Isaiah Wheatfall filed for letters of administration in February 2019, claiming intestacy, and Theresa DeBose filed to probate a 2009 will one week later. No....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Privilege Preserved: OpenAI Escapes Forced Disclosure of Attorney Communications in Major Copyright Fight

In a ruling with major implications for AI companies navigating copyright litigation, a federal judge in a copyright action against OpenAI has drawn a bright line between denying wrongdoing and inviting discovery into...more

Orrick, Herrington & Sutcliffe LLP

District court dismisses proposed mortgage discrimination class action with prejudice

On February 5, the U.S. District Court for the Northern District of Illinois dismissed with prejudice a putative class action lawsuit alleging race discrimination in mortgage lending. ...more

Morgan Lewis

TVPA’s Quiet Shift to Enterprise Litigation: A Corporate Primer on Human Trafficking Liabilities

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This LawFlash explains how the Trafficking Victims Protection Act’s civil cause of action is being used to pursue sex trafficking claims against institutional defendants, why certain industries are being targeted, and what...more

Orrick, Herrington & Sutcliffe LLP

CFPB union urges D.C. Circuit to uphold injunction blocking the Bureau’s shutdown

On February 2, the union representing CFPB employees filed an en banc brief in the U.S. Court of Appeals for the D.C. Circuit, urging the court to uphold the district court’s preliminary injunction preventing the executive...more

Winstead PC

Court Holds That A Trustee Was Not A Party To A Suit Where He Was Not Sued In That Capacity And That A Ward In A Guardianship Had...

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In In re Gregg, Kenneth Gregg, an elderly man with dementia, transferred property to his son Monte Gregg in 2023. No. 07-25-00035-CV, 2025 Tex. App. LEXIS 3805 (Tex. App.—Amarillo May 29, 2025, no pet.)....more

Zelle  LLP

Hermes Wins Dismissal of Tying Claims

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On September 17, 2025, Northern District of California Judge James Donato granted Hermes International and Hermes of Paris’s motion to dismiss the second amended complaint by a putative class on behalf of national and...more

Marshall Dennehey

Pennsylvania Supreme Court to Decide Whether Key Exceptions Could Erode the 12-Year Construction Statute of Repose

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Aloia v. Diament Bldg. Corp., 329 A.3d 586 (Pa. 2024) and Clearfield County v. Transystems Corp., 338 A.3d 110 (Pa. 2025) - The Pennsylvania Supreme Court has accepted review in two matters that could materially affect the...more

Marshall Dennehey

Eleventh Circuit Affirms Summary Judgment for Employer in ADA Disability Discrimination Suit

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Emily Laughlin v. Miami-Dade County, Florida, No. 24-13284, 2025 WL 3633853 (11th Cir. Dec. 15, 2025) - Emily Laughlin, a 12-month probationary employee with Miami-Dade County’s Animal Services Department, began experiencing...more

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