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Commercial Contracts
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March 18, 2025
DraftKings Must Face Claims In MLB Players' NIL Suit
DraftKings has failed to convince a Pennsylvania federal judge to toss a lawsuit against it claiming the company unlawfully used images of MLB players for promotional purposes, as the court rejected the argument that using the pictures was protected speech.
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March 18, 2025
Maynard Nexsen Adds 5 Constangy Employment Attys In LA
Maynard Nexsen PC has brought a 5-lawyer team from labor and employment firm Constangy Brooks Smith & Prophete LLP to its Los Angeles office, bringing on a team that is experienced in management-side employment law and can converse in six languages.
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March 18, 2025
Hogan Lovells Adds Ex-Apis Atty Amid Expected M&A Pickup
The former head of legal compliance at Apis & Heritage Capital Partners is now Hogan Lovells' head of New York financial institutions mergers and acquisitions, the firm announced Monday as it prepares for what it expects will be a rise in M&A activity.
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March 18, 2025
NC Dance Teams' TM Feud Likened To MLB Rivalry At 4th Circ.
An attorney for a North Carolina charter school on Tuesday used one of the biggest rivalries in Major League Baseball to illustrate for the Fourth Circuit how two former teachers stole its alleged dance team trademark and used pictures of the school's team to trick parents.
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March 18, 2025
Whistleblower Says Perdue Farms' DOL Battle Is Premature
A whistleblower pursuing retaliation claims against Perdue Farms Inc. at the U.S. Department of Labor over the company allegedly sending him unhealthy chickens to raise after he raised concerns about the company's sanitation standards urged a North Carolina federal judge to throw out the poultry producer's case, arguing the court lacks jurisdiction.
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March 17, 2025
Ex-Opioid Co. CEO Wants Out Of Law Firm's Billing Suit
A convicted former CEO of an opioid distributor is urging a New York federal judge to dismiss his criminal defense firm's suit against him over an alleged unpaid $150,000 expert witness tab, saying the suit fails because of "the clear and unambiguous language of the retainer agreements."
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March 17, 2025
BYD Affiliate Beats Megaclaim Over N95 Mask Deal
A company with corporate ties to Chinese electric vehicle company BYD Co. Ltd. has fended off a megaclaim over a supply contract for personal protective equipment asserted by a Florida medical supply company that sought hundreds of millions of dollars in damages.
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March 17, 2025
Judge Ends Ex-Ga. Tech Prof's Suit Over Finance Probe
Two Georgia Tech auditors have escaped a malicious prosecution suit from a former professor over allegedly suspicious financial dealings by his startup that they flagged, as a Georgia federal judge said the professor "failed to provide evidence" his rights were violated.
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March 17, 2025
Wayne Gretzky Suing Co-Investor For Malicious Prosecution
NHL legend Wayne Gretzky and his wife filed a lawsuit in California state court against a co-investor in a failed weight-loss business, whom he alleges lodged a meritless suit against him in 2022 to "score a quick payday" after accusing him of contributing to the demise of the company.
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March 17, 2025
Exxon Committed 'Straightforward Fraud,' Investors Say
Exxon Mobil Corp. investors told a Texas federal court that the energy giant's antics surrounding its operations in Kearl Lake amount to a "straightforward fraud," and that the court should reject Exxon's bid for judgment as a matter of law.
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March 17, 2025
ITC Hears Strong Views On Import Bans For Essential Patents
As the U.S. International Trade Commission reviews a case where a judge said Amazon infringed Nokia standard-essential patents, tech giants told the ITC that import bans should rarely be issued for such patents, while patent advocates said such orders are "unquestionably" allowed.
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March 17, 2025
Amazon Beats Investor Suit Over Third-Party Seller Practices
A Washington federal judge on Monday tossed a consolidated proposed securities class action claiming Amazon and its top brass duped investors about the company's fulfillment capacity and third-party seller practices, finding the lawsuit doesn't sufficiently allege the executives were deliberately reckless or motivated to deceive shareholders.
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March 17, 2025
Burger King Workers Defend Revived No-Poach Case
Burger King employees are defending their proposed class action over the fast-food chain's past use of no-poach provisions in its franchise agreements, as the restaurant urges a Florida federal court to toss the claims despite an appeals court reviving them in 2022.
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March 17, 2025
Wash. AG Backs Tribe's $400M Trespass Win Against BNSF
The state of Washington has said the Ninth Circuit should uphold a trial judge's ruling that BNSF Railway Co. owes nearly $400 million for years of illegally running oil cars across tribal territory, arguing in an amicus brief the railroad must be held accountable for perpetuating "a pattern of disregard for the sovereignty of Native people."
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March 17, 2025
Insurer Drops Claims That Lamp Cos.' Negligence Caused Fire
A Detroit cannabis farm and its insurance company have agreed to drop a lawsuit alleging a host of lighting and gardening equipment manufacturers negligently designed and marketed their products, after a grow lamp malfunction led to a fire that caused more than $8.5 million of damage at a grow facility.
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March 17, 2025
X Says Nonprofit Is Using Calif. Court To Evade Texas Suit
X Corp. told a Texas federal judge a left-leaning media watchdog was trying to use a California court to weasel out of a suit accusing the nonprofit of running defamatory articles, saying Monday it was first to file and that the suit should stay in the Lone Star State.
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March 17, 2025
Yale Unit Questions Prospect Medical's Ch. 11 Sale Plan
Yale New Haven Health Services Corp. is questioning whether bankrupt hospital owner Prospect Medical Holdings Inc.'s attempt to sell its three Connecticut facilities through a Texas Chapter 11 proceeding will affect Yale New Haven's rights under a $435 million asset purchase agreement covering the same properties.
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March 17, 2025
Vague Settlement Can't Free Insurer From Asbestos Claims
An insurer that says its policies' limits were exhausted while paying over $5 million toward an asbestos injury settlement on behalf of BNSF Railway failed to show it actually went over its limits, a Texas appeals court found.
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March 17, 2025
Drake 'Lost A Rap Battle That He Provoked,' UMG Tells Court
Universal Music Group urged a New York federal judge Monday to throw out Aubrey Drake Graham's lawsuit over the hit Kendrick Lamar diss track "Not Like Us," saying Drake cannot claim defamation for hyperbolic insults that came out of a rap battle "in which he willingly participated."
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March 17, 2025
Illinois Cannabis Social Equity Licensee Sued By Backer
A company that backs entrepreneurs qualified for social equity cannabis licenses alleged in a new federal lawsuit that a business owner it partnered with reneged on their agreement when he attempted to sell his retail marijuana license to another party.
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March 17, 2025
Yale Says Researcher's Omissions Doom $28M Incubator Suit
Yale University told a Connecticut state court that it sufficiently pled its counterclaims against a researcher who accused it of destroying his "life's work" by unplugging an incubator filled with $28 million in grants and private money's worth of genetic materials, arguing the researcher lied to get his job.
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March 17, 2025
Ex-Freshpet Seller Wins Breakup Fee But May Still Owe $8M
Pet food maker Freshpet is liable for $5 million for aborting a distribution agreement it had with an animal food distributor, a Pennsylvania federal judge ruled Monday, reasoning that there was no dispute that the contract had been breached.
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March 17, 2025
Pot Staffing Co. Wants COVID-19 Relief Contract Wiped Out
A cannabis industry online staffing company and its parent company are suing a consultant in Colorado state court, alleging that it failed to do any work on a contract to win COVID-19 relief from the IRS but is demanding $474,000 in payments.
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March 17, 2025
Filmmaker Questions Netflix Defense In IP Suit Over 'Rez Ball'
A filmmaker who alleges that Netflix, NBA superstar LeBron James and others lifted elements from one of his scripts to make the streaming service's movie "Rez Ball" has urged a California federal court to deny the defendant's bid to file an early summary judgment motion, saying comprehensive discovery is needed first.
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March 17, 2025
Yale Can Examine Student's Electronics In AI Cheating Probe
Yale University can examine a laptop and other devices to defend against an injunction sought by a student who claims officials used unreliable artificial intelligence tools to catch pupils using AI to cheat, a Connecticut federal judge ruled Monday.
Expert Analysis
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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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.