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Commercial Contracts
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March 05, 2025
Pa. Justices Hint Parents' Liability Waivers Aren't Binding
Pennsylvania law may not allow parents to waive the right to a jury trial on their child's behalf when signing off on things like letting them use a trampoline park, the state Supreme Court suggested during arguments Wednesday.
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March 04, 2025
Musk Fails To Block OpenAI From Turning Into For-Profit Entity
A California federal judge on Tuesday denied Elon Musk's bid to preliminarily bar OpenAI Inc. from converting into a for-profit entity, saying that a threshold question of whether Musk's over $44 million in donations created a charitable trust was a "toss-up."
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March 04, 2025
Scientific American Publisher Can't Ax Meta Pixel Privacy Suit
A New York federal judge refused to dismiss a putative class action accusing publisher Springer Nature America Inc. of violating the Video Privacy Protection Act by sharing Scientific American subscribers' video viewing data with Meta Platforms Inc. via a tracking pixel.
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March 04, 2025
Phillips 66 'Trickery' Merits $1.2B More Damages, Judge Told
A startup that won a $605 million trade secrets verdict against oil giant Phillips 66 argued Tuesday in California state court that its would-have-been acquirer owes an additional $1.2 billion for reprehensible conduct, including by in-house counsel who supposedly made "efforts to cover up" information theft.
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March 04, 2025
Staffing Co. Got 'Honest Pay' For Dynata Work, Jury Hears
In a tense exchange, an executive for a staffing company told a Dallas jury that market research company Dynata LLC had wrongly withheld $8 million after an attorney representing Dynata said the staffing company had already gotten "honest pay" for "honest work."
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March 04, 2025
NJ Judge Nixes Derivative Suit Over $38M Tech Co. Spinoff
Top brass of a material-handling-equipment maker and the company's controlling shareholder no longer face a shareholder derivative action alleging that they breached their fiduciary duties with a plan to spin off assets to benefit the company's board chair.
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March 04, 2025
ACC, Clemson And FSU End Legal Fight Over Revenues, Fees
Florida State University and Clemson University will stay in the Atlantic Coast Conference under a new athletic revenue distribution model that would resolve the multistate court battles over media rights and exit fees, the parties said Tuesday in announcing a settlement of their disputes.
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March 04, 2025
Insurer, Reinsurer Denied Early Wins In Reimbursement Row
Both sides in an inter-insurer dispute over a reinsurer's share of a coverage settlement for environmental damage claims have adopted reasonable contractual interpretations, a New York federal court ruled, specifically finding ambiguities on whether the reinsurer must reimburse a plaintiff insurer with which it didn't directly do business.
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March 04, 2025
Petersen Health Care Opposes Vendor's Ch. 11 Fee Demand
Bankrupt skilled nursing facility operator Petersen Health Care told a Delaware bankruptcy judge Tuesday that a vendor seeking payment of its legal costs in pursuing a $163,000 administrative expense claim against the debtor should have the request slashed because the fees exceed the amount of the claim.
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March 04, 2025
NC Judge Wants 1st Look At Info In Hospital Sale Suit
A North Carolina judge has ruled that she needs to be the first one to review potentially privileged information sought in Attorney General Jeff Jackson's suit alleging that a hospital sale agreement was breached, reasoning that it's too early to determine if they're public record or shielded attorney-client communications.
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March 04, 2025
Ohio Workers' Chrysler-UAW Conspiracy Suit Gets Tossed
Employees who claimed Fiat Chrysler and the United Auto Workers conspired to keep about three dozen of them classified as part-time temps for years despite them often performing full-time work had their case tossed Tuesday by an Ohio federal judge, who said they sued too late.
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March 04, 2025
Malawi Telecom Regulator Looks For OK Of $8M Award
Malawi's telecommunications regulator is urging a New Jersey federal court to enforce an $8.6 million arbitration award against a U.S. software company stemming from a soured contract to provide Malawi with a telecommunications monitoring system.
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March 04, 2025
Conn. Hospital Network Seeks Sanctions From Antitrust Class
Hartford HealthCare Corp. moved to sanction a proposed class of antitrust plaintiffs for asking a Connecticut judge to formally recognize a document exchange schedule privately agreed to by both sides, arguing that it should get attorney fees and costs for opposing the request.
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March 04, 2025
Freezer Co. Drops Supplier Suit Over $15M Embryo Loss
Freezer maker Chart Inc. has dropped its lawsuit alleging one of its suppliers should pay part of a $15 million verdict stemming from an implosion of Chart's cryopreservation tanks in 2018, which destroyed human eggs and embryos, according to an order Monday.
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March 04, 2025
Calif. Bar Staff Asks Board To Ditch Meazure's July Exam
The State Bar of California recommended to its board of trustees to forgo its current partnership with bar exam administer ProctorU Inc., doing business as Meazure Learning, ahead of the July 2025 test following the disastrous rollout of its February exam, which prompted a nationwide class action filed in California federal court last week.
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March 04, 2025
Feds Seek 40 Mos. For Husband Of Ex-Takeda Exec
The husband of a former Takeda Pharmaceuticals vice president should spend more than three years in custody for his role in a fraudulent invoice scheme that netted the couple $2.3 million, prosecutors have told a federal judge in Massachusetts.
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March 04, 2025
Chemours Says Competitor Framed Spat As Antitrust Affront
The Chemours Co. FC LLC urged a North Carolina judge to throw out a suit claiming the company and its distributor conspired to monopolize the market for HVAC refrigerants, calling the complaint a "transparent attempt to dress up a private business grievance as an antitrust complaint."
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March 04, 2025
Colorado Couple Sue Atty Over Handling Of Property Dispute
A Colorado couple sued for violating a settlement agreement in a dispute with their neighbor is suing their former lawyer for malpractice, arguing he poorly advised them to pursue a lawsuit despite the settlement's prohibiting it, then failed to properly represent them against counterclaims.
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March 03, 2025
ITG Owes Reynolds Tobacco $251M For Settlement Payments
ITG Brands LLC owes R.J. Reynolds Tobacco Co. roughly $251 million for payments R.J. Reynolds made to the state of Florida under a settlement reached before ITG acquired cigarette brands from it, according to an order issued by a Delaware vice chancellor Monday.
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March 03, 2025
Staffing Company Says Data Co. Dynata Stiffed It On $8M Bill
Connecticut-based market research company Dynata LLC stiffed a staffing company to the tune of $8 million after the staffing company refused to foot the bill for a wage and hour class action against Dynata, a Dallas jury heard Monday.
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March 03, 2025
American Asks Justices To Mull Bid To Revive JetBlue Pact
American Airlines has told the U.S. Supreme Court that the First Circuit flouted basic antitrust principles when it invalidated the carrier's codeshare agreement with JetBlue in Boston and New York, a decision that "threatens to wreak havoc on productive collaborations of all shapes and sizes."
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March 03, 2025
Credit Bureaus Look To Duck Renewed Medical Debt Claims
Equifax, Experian and TransUnion asked a California federal judge Monday to toss an updated case accusing the credit reporting agencies of violating antitrust law by agreeing to exclude medical debt under $500 from consumer credit reports.
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March 03, 2025
Insurer Says It's Off The Hook In Construction Site Injury Suit
State National Insurance Co. urged a Washington federal court on Monday to find it has no duty to defend a construction firm from a negligence claim brought by a worker who was allegedly hit by a falling object while delivering materials to a Seattle job site in 2021.
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March 03, 2025
Tobacco, Cannabis Cos. Score Partial Wins In TM Fight
An Arizona federal court judge has issued a mixed ruling on dueling summary judgment bids in a trademark lawsuit over a tobacco company and a cannabis company's shared use of the word "Raw" in branding.
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March 03, 2025
Texas High Court Told Telecom Law Clears State Constitution
Texas is hoping its highest court will overturn a ruling that found the state violated its own constitutional rules about gift-giving by capping the amount cities can charge telecoms for using their rights-of-way to such a degree that they were basically forced to give away public money.
Expert Analysis
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Considering Noncompete Strategies After Blocked FTC Ban
A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Look For Flags On Expert Claims After Sunday Ticket Reversal
A California federal judge’s recent reversal of a jury’s $4.7 billion antitrust verdict in the NFL Sunday Ticket case indicates that litigants may be inclined to challenge expert testimony admissibility under Rule 702 of the Federal Rules of Evidence, and that judges may increasingly accept such challenges, say attorneys at Kutak Rock.