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Marshall Dennehey

Delaware Superior Court Addresses Continuous Representation Doctrine in Legal Malpractice Case—But Was It Really Applied?

Marshall Dennehey on

K. Dyton v. A. Ahern, 2025 WL 3232911 (Del. Super. Ct. Nov. 19, 2025), re-argument denied, 2025 WL 3496991 (Del. Super. Ct. Dec. 5, 2025) - In what the court stated was a matter of first impression, the Delaware Superior...more

EDRM - Electronic Discovery Reference Model

AI Review 2.0: Why Document-Driven Review Produces Better Results—and Puts You Back in Control

The argument for AI-powered document review is all but over. Large language models are smarter, faster, more consistent, and less expensive than human review teams. I made that case in an earlier article published by EDRM and...more

Fox Rothschild LLP

In Patent Dispute, NJ Federal Court Declines to Clarify Standard for Striking Expert Theories

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When does an expert report merely clarify a previously disclosed theory, and when does it cross the line into providing an impermissible new one? In two January 2026 opinions in Jazz Pharmaceuticals v. Lupin, U.S....more

Esquire Deposition Solutions, LLC

Proposed Rule 45 Amendments Clarify Subpoena Power Over Distant Witnesses

February 16 is the end of the public comment period on recently proposed federal rule changes affecting remote testimony and remote depositions. The rules revisions would make clear that federal trial courts have authority to...more

MG+M The Law Firm

SCOTUS Affirms That Affidavits-of-Merit Not Required to Support Professional Malpractice Lawsuits in Federal Court

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More than half of the US states require the filing of an affidavit or a certificate of merit as a prerequisite to advancing a professional malpractice or liability claim. Failure to submit the required documentation may...more

Goldberg Segalla

Defendant’s Motion for Summary Judgment for Lack of Causation Granted in Asbestos Case

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Court: United States District Court for the Central District of California - Plaintiffs filed suit against multiple Defendants, including Lockheed Martin Corporation, due to decedent Alice Faulk’s asbestos exposure,...more

Blake, Cassels & Graydon LLP

B.C. Court of Appeal Confirms Owner Payment Obligations After Notice of Subcontractor Lien

In Lonsdale Quay Market Corporation v. Klondike Contracting Corporation (Lonsdale Quay Market), the British Columbia Court of Appeal issued a clear caution to owners who receive notice that a subcontractor has filed a lien....more

Maynard Nexsen

Alabama Supreme Court Appellate Alert: Decisions from February 6, 2026

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The Alabama Supreme Court issued its weekly release list on Friday, February 6, which included the following opinion of potential interest to the Alabama business community...more

Fox Rothschild LLP

A Recent Federal Circuit Case Highlights the Perils of Not Intervening in a Bid Protest and Issues Raised by a Party’s Failure To...

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A federal contractor whose contract award is challenged in a bid protest often faces a dilemma: whether to intervene and participate in the litigation. Intervention generally requires an awardee to retain counsel who can be...more

Cranfill Sumner LLP

Our Company Just Received a Demand to Exercise “Information Rights.” Now What?

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Disputes among company owners can arise where minority owners feel excluded or suspect mismanagement. Under the North Carolina Limited Liability Company Act and the North Carolina Business Corporation Act (the “Acts”),...more

Genova Burns LLC

Second Court Issues 10(j) Injunction Applying the Stricter Starbucks Standard

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SCOTUS’s recent adoption of a stricter standard for issuing unfair labor practice injunctions did not prevent Region Four of the NLRB from securing an injunction against a residential treatment facility’s subcontracting the...more

Hinshaw & Culbertson - Lawyers' Lawyer...

New Year, Same Bar License Oath—But Attorney Civility Means More in 2026

Beginning in 2026, California attorneys will face a new requirement during the annual license renewal: the obligation to re-attest each year to a civility oath. The oath—simple in language yet significant in purpose—states: ...more

A&O Shearman

Federal District Court Dismisses Foreign Parent Companies For Lack Of Jurisdiction In Polyurethane Price-Fixing Case

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On January 29, 2026, U.S. District Judge W. Scott Hardy of the Western District of Pennsylvania (W.D. Pa.) unsealed his January 8, 2026, opinion dismissing price-fixing claims against two foreign corporations for lack of...more

King & Spalding

New York Appellate Court Reverses Denial of Bank’s Summary Judgment Motion for Amounts Owed Under Cancelled Credit Agreement

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On November 26, 2025, the New York Appellate Division, Second Department reversed a trial court order denying Plaintiff Citibank, N.A.’s motion for summary judgment for breach of contract, breach of a personal guaranty, and...more

Paul Hastings LLP

LWDA Issues Groundbreaking PAGA Regulations

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In a first, the California Labor and Workforce Development Agency (LWDA) issued proposed rulemaking on Feb. 6 concerning interpretation of the California Private Attorneys General Act (PAGA). The regulations come after...more

A&O Shearman

Delaware Court Of Chancery Denies Special Litigation Committee's Motion To Terminate Due To Questions About Independence

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On January 30, 2026, Chancellor Kathaleen St. J. McCormick of the Delaware Court of Chancery granted defendants’ motion to strike but denied a motion to terminate a derivative action asserting fiduciary breach claims against...more

A&O Shearman

Ninth Circuit Partially Revives Putative Class Action Against Manufacturer Of Pop Culture Collectibles

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On February 4, 2026, the United States Court of Appeals for the Ninth Circuit reversed in part a decision from the United States District Court for the Western District of Washington granting a motion to dismiss a putative...more

Seyfarth Shaw LLP

The AVOID Act: A New Timeline for Liability in New York Construction Projects

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By April 18, 2026, New York construction litigation will operate on a faster—and far less forgiving—timeline. The Avoiding Vexatious Overuse of Impleading to Delay (the “AVOID Act”), signed into law on December 19, 2025,...more

Bennett Jones LLP

Martin v. Alphabet: Tribunal Sets the Public Interest Leave Framework—Evidence and Capacity Now the Gatekeepers

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On January 13, 2026, the Competition Tribunal published its first decision interpreting the new “public interest” pathway for private access under s. 103.1(7) of the Competition Act. In Martin v. Alphabet Inc., Google LLC,...more

Robinson & Cole LLP

Legal Update: The Status of the NLRB - New Year, New Uncertainty?

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In the past, a new presidential administration meant the beginning of a series of National Labor Relations Board (NLRB or Board) decisions that overruled prior precedents. While the White House flipped in January 2025, the...more

Gray Reed

Crude Oil Traders Fend Off the Tax Man

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It’s hardly a win for the little guy against The Man, but in San Patricio County Appraisal District v. Gunvor USA LLC (consolidated with a similar suit against Devon Gas Services, agent for Glencore Ltd.), a Texas court...more

Nelson Mullins Riley & Scarborough LLP

The U.S. Supreme Court Rejects the Opportunity to Overturn McDonnell Douglas

Last month, the U.S. Supreme Court declined to visit the legal soundness of McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), a seminal decision that has outlined the burdens of proof in employment discrimination cases,...more

The Food Lawyers ®

Getting Ahead Of Food Labeling Class Actions

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More than three decades defending food companies in labeling class actions has made one thing abundantly clear: when a class action theory weakens, the plaintiffs’ bar doesn’t disappear; it evolves -- -- with...more

Orrick, Herrington & Sutcliffe LLP

District court sides with bank, dismisses putative class action over ‘cash-sweep’ program

On January 30, the U.S. District Court for the District of Minnesota dismissed with prejudice a proposed class action lawsuit brought by two investment-account holders challenging the interest rates paid through a...more

Friling Law

OFAC Subpoena: Enforcement Risk, Timelines, and Strategic Response Across Industries

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Overview and Key Takeaways - An Office of Foreign Assets Control (OFAC) subpoena is one of the most serious enforcement tools the U.S. Treasury uses in sanctions investigations. While it is administrative in form, it...more

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