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Court Of Appeal Summaries (February 9 – February 13, 2026)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of February 9, 2026.

Canada Litigation

BM

Blaney McMurtry LLP

FTC's "Click-to-Cancel" Rule Gets New Life As FTC's Enforcement Wave Continues To Target Negative-Option Sellers

The Federal Trade Commission (FTC) is increasingly directing both its enforcement and rulemaking efforts toward auto-renewal programs, with a particular focus on burdensome or opaque cancellation procedures.

United States Commercial

GP

Goodwin Procter LLP

Removing A Wrongfully Or Unlawfully Filed Lien From The California Secretary Of State's UCC Website

There is a bizarre, extrajudicial process impacting businesses, small and large, throughout California. Disgruntled individuals, often the "sovereign citizen" type, are filing fraudulent Uniform Commercial...

United States Litigation

ML

Madison Law

Failure To Disclose New Employment Does Not Repudiate Settlement Agreement

When does an employee's breach of a settlement agreement rise to the level of repudiation? In Cross v. Cooling Tower Maintenance Inc. (2025 ONSC 7203)...

Canada Employment

C

Cassels

Address Versus Addressee, Franchisor Versus Franchisee: Lessons Learned From The Ontario Court Of Appeal's Decision In Yulee Developments Inc. V. Mr. Zagros Management Inc.

Canada Real Estate

DL

Dale & Lessmann LLP

The Q1 Corporate Tune-Up: A Governance Checklist For Businesses

United States Commercial

Aa

Adams and Reese

Emond: Rebuilding Dreams Or Interpreting Realities? The Supreme Court Weighs In

Canada Insurance

BJ

Bennett Jones LLP

Raising The Bar On Suitability: Massachusetts Proposes Regulations Affecting Skilled Nursing Facility Owners, Management Companies, And Capital Partners

United States Strategy

AF

ArentFox Schiff

Waiver By Election? Not Unless You Know You Have The Right To Elect

Canada Commercial

GW

Gowling WLG

Policing Ideology Through The Tax Code? Executive Power, Nonprofits, State Resistance

United States Government

B

Benesch Friedlander Coplan & Aronoff LLP

Federal Court Finds Texas Energy Anti-Boycott Statute Unconstitutional

United States Commercial

JD

Jones Day

2025 Trade Secrets End Of Year Report Trade Secrets, Noncompetes & Employee Mobility

United States IP

AF

ArentFox Schiff

SDNY US Attorney Clayton Cautions Enforcement Activity Could Be Coming To Prediction Markets

United States Finance

KM

Katten Muchin Rosenman LLP

Appellate Court Reinforces Strict Compliance With Statutory Notice‑of‑Claim Deadlines In Contract Disputes

United States Real Estate

DM

Duane Morris LLP

SECURE 2.0: Key Provisions And Tax Planning Implications For American Retirees

United States Tax

RS

Rotfleisch & Samulovitch P.C.

Federal Government Continues Anti-Fraud Enforcement In The Sports Industry And Signals Desire To Work Cooperatively With Organizations Under Investigation

United States Criminal

SJ

Steptoe LLP

Food Venture Financing News – Weekly Issue No. 264

United States Commercial

DW

Davis Wright Tremaine

Signed, Sealed, But Not Delivered? Don't Wonder About Taxes Under New Postal Service Rules

United States Tax

N

Nossaman LLP

401(k) And IRA Contribution Limits For 2026: Retirement Savings, Adjustments For Inflation, And SECURE 2.0 Changes American Taxpayers Must Know About

United States Tax

RS

Rotfleisch & Samulovitch P.C.

U.S.– India Trade Deal | Phase 1 Update

On Feb. 3, Clark Hill described the U.S. – India tariff "reset" as a big commercial signal with thin operational detail. Several days later, the picture is now sharper.

United States International

CH

Clark Hill

When SAFE Is Stock: Implications Of Series SAFE Preferred

Early-stage startup financings have long reflected a tension between transactional efficiency and legal precision.

United States Commercial

FF

Farrell Fritz, P.C.

Converting A New York LLC To A Delaware C-Corp: Your Strategic Conversion Map

There often comes a point in a company's trajectory when the structure it was built on, which was practical in the earlier days, no longer reflects the scale of the business.

United States Commercial

Gouchev Law PLLC

Political Contribution Disclosure Rules In Illinois, Maryland, New Jersey, Pennsylvania, Philadelphia And Rhode Island

The following summarizes periodic pay-to-play reporting requirements under laws in Illinois, Maryland...

United States Government

SA

Skadden Arps Slate Meagher & Flom

OGC's 2025 Year In Review: The In-House-Minded Legal Model Becomes Essential

United States Commercial

OG

Outside GC

Akin Space Law, Regulation And Policy Update | February 9, 2026

United States Transport

AG

Akin Gump Strauss Hauer & Feld LLP

Delaware Supreme Court Holds That Restrictive Covenants That Forfeit An Employee's Equity Units Are Still Enforceable

United States Commercial

M

Mintz

For Close Business Owners, The Toothless Notice Of Pendency Remedy Unexpectedly Gets Some Bite

United States Commercial

FF

Farrell Fritz, P.C.

Considering Reincorporation? Why Delaware Remains The Gold Standard (Podcast)

United States Commercial

GP

Goodwin Procter LLP

When Is Time Really "Of The Essence"? The Supreme Court Of Canada Reconsiders Delay, Termination And Contractual Certainty

Canada Commercial

GW

Gowling WLG

In Delaware, You Live Or Die Under Your LLC Operating Agreement

United States Commercial

FF

Farrell Fritz, P.C.

Ninth Circuit Rules U.S. Antitrust Law Applies To Ex-U.S. Sales When Contract Negotiated In The U.S.

United States Anti-trust

WS

Winston & Strawn LLP

Nouvelle Loi Sur Les Privilèges De Construction Des Territoires Du Nord-Ouest : Principales Modifications Que Les Entrepreneurs, Sous-traitants Et Propriétaires Doivent Connaître

Canada Real Estate

MT

Miller Thomson LLP

CREF Roundup | Week 6, 2026

United States Real Estate

FB

FBT Gibbons

In Delaware, You Live Or Die Under Your LLC Operating Agreement

Put on your Member B hat in the following not-so-hypothetical fact pattern...

United States Commercial

FF

Farrell Fritz, P.C.

Ninth Circuit Rules U.S. Antitrust Law Applies To Ex-U.S. Sales When Contract Negotiated In The U.S.

On January 8, 2026, the Ninth Circuit Court of Appeals allowed U.S. company Seagate Technology LLC and its foreign entities—Seagate Thailand and Seagate Singapore—to move forward with their claims against Japanese company NHK Spring Co., Ltd. under United States antitrust (i.e., competition) laws.

United States Anti-trust

WS

Winston & Strawn LLP

Nouvelle Loi Sur Les Privilèges De Construction Des Territoires Du Nord-Ouest : Principales Modifications Que Les Entrepreneurs, Sous-traitants Et Propriétaires Doivent Connaître

La nouvelle Loi sur les privilèges de construction des Territoires du Nord-Ouest (la « LPC ») est entrée en vigueur le 1er septembre 2025.

Canada Real Estate

MT

Miller Thomson LLP

CREF Roundup | Week 6, 2026

The CREF Roundup is a periodic digest of noteworthy developments, insights, and commentary in the world of commercial real estate finance (CREF).

United States Real Estate

FB

FBT Gibbons

The New USPS Guidance Every Lawyer Should Be Aware Of

United States Commercial

BS

Butler Snow LLP

Choosing The Right U.S. Business Entity: LLC vs Corporation vs "I'll Fix It Later"

You have a strong business idea and you are ready to launch. One of the first, and most consequential, decisions you will make is which entity structure...

United States Commercial

HS

Harris Sliwoski

Sandbagging In Cross-Border M&A: Clear Skies In Delaware, Still Cloudy In Canada

The pro-sandbagging ruling in In re Dura Medic Holdings provided certainty in Delaware, but in Canada, the law around sandbagging is still murky.

United States Commercial

ABA Business Law Section

SRTs In The Resolution Of Failed Banks

Christopher B. Horn, Jed Miller, Daniel Meade, Ivan Loncar, Kathryn Borgeson, Chris Van Heerden and Christina Mille have authored a new Cadwalader memorandum examining the treatment of significant risk transfers (SRTs) in the resolution of failed banks.

United States Finance

CW

Cadwalader, Wickersham & Taft LLP

Lochan v. Binance Holdings Limited

The Plaintiffs were customers of Binance Holdings Limited ("Binance"), who operates a cryptocurrency trading platform.

Canada Commercial

GW

Gowling WLG

Fisher v. Airfoam Industries Ltd. (Quad-Lock Building System)

Canada Commercial

GW

Gowling WLG

New OFSI Decision Gives Best Guidance Yet On Sanctions Due Diligence

United States Finance

BC

Bryan Cave Leighton Paisner

Indemnity Clauses: Why You Think You Need Them (And When You Probably Don't)

Canada Commercial

TL

Torys LLP

Privy Council Confirms Just And Equitable Winding Up Of Cayman Islands Exempted Limited Partnerships

Cayman Islands Commercial

CO

Carey Olsen

Delaware Law Alert: Delaware Case Applying Indemnification Materiality Scrape Creates Risks For The Unwary

United States Commercial

MB

Mayer Brown

Limitation Clauses And Good Faith: Ontario Court Of Appeal Confirms Damages Can Be Capped

Canada Commercial

ML

McMillan LLP

Hot Topics In International Trade: Mexico's Electronic Value Manifest (Manifestación De Valor Electrónica Or MVE)

Mexico International

BG

Braumiller Law Group, PLLC

No Guarantees: Supreme Court Defines Policy Limits Of "Guaranteed" Rebuilding Coverage

Canada Insurance

MT

McCarthy Tétrault LLP

Why Your U.S. Distributor Agreement And China Manufacturing Contract Will Eventually Collide (And How To Prevent It)

United States Commercial

HS

Harris Sliwoski

District Of Massachusetts Dismisses 93A Claim Despite Choice-of-Law Provision

United States Litigation

GT

Greenberg Traurig, LLP

2025 Year In Review: FSIA, Helms-Burton, And Cross-Border Enforcement

United States Commercial

SJ

Steptoe LLP

Delaware Court Treats Grant Of A Security Interest As Triggering Contractual Payment-Assignment Rights

United States Commercial

D

Dechert

NIL After House: What Name, Image, And Likeness Means For Colleges And Higher-Education Institutions In 2026

United States Commercial

BS

Butler Snow LLP

Webinar – How Do I Get Out Of Business With My Business Partner? (Video)

United States Commercial

BB

Beresford Booth

The Landscape Of Contract Litigation In Washington

United States Commercial

BB

Beresford Booth

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Highlighted Content

Using A Contract Review Checklist For Commercial International Trade Contracts

United States International

BG

Braumiller Law Group, PLLC

10 Reasons Why Companies Prefer To Resolve International Commercial Disputes By International Arbitration

United States Litigation

J

JAMS

What Is The "First Sale" Rule And How Does It Affect Me?

United States International

BG

Braumiller Law Group, PLLC

ImpactDAOs: Shaping The Future Of Regenerative Organizations

United States Technology

BG

Braumiller Law Group, PLLC

JAMS Neutrals Discuss How Businesses Can Take Preemptive Action To Address Supply Chain Challenges (Podcast)

United States Government

J

JAMS

Breaking The Bias In International Arbitration: Party Autonomy And The Opportunity To Diversify

United States Litigation

J

JAMS

Latest Videos

See more

Webinar – How Do I Get Out Of Business With My Business Partner? (Video)

BB

Beresford Booth

Evolving Needs For Emerging And High Growth Companies: Series C And Later Stage (Video)

OH

Osler, Hoskin & Harcourt LLP

Your First Moves Matter: Navigating Disputes With Strategy (Video)

PB

Prowse Barrette

The Power Of Mentorship (Video)

BD

Burnet, Duckworth & Palmer LLP

AI Is Changing Cyber Risk–Is Your Insurance Keeping Up? (Video)

LS

Lowenstein Sandler

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