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Commercial Contracts
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October 01, 2025
4th Circ. Won't Rethink Dance Teachers' Use Of 'Inspire' Name
The Fourth Circuit has rejected a North Carolina charter school's request to reconsider blocking two former teachers from using the name "Inspire" for their dance company, dealing the school another blow in its trademark infringement and false advertising suit.
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October 01, 2025
Mass. Court May Reluctantly Back DQ In Cannabis Feud
A "frustrated" intermediate appellate court in Massachusetts appeared unlikely Wednesday to second-guess a lower court's disqualification of counsel in a dispute over control of a cannabis business, even as it questioned whether it would make any difference in the ultimate outcome.
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September 30, 2025
McKinsey Trims Endo Suit But Can't Nix Indemnification Claim
A New York bankruptcy judge trimmed an adversary suit Monday claiming McKinsey & Co. Inc. should pay at least $1.5 billion to cover costs bankrupt pharmaceutical developer Endo International racked up defending against opioid claims, tossing nearly all allegations with leave to amend, but greenlighting an indemnification claim.
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September 30, 2025
Banker Defamed Jack Nicklaus After Pact Ended, Jury Told
Jack Nicklaus told a Florida state court jury on Tuesday that a banker and his associates defamed him after discontinuing a 15-year business relationship, saying their public relations campaign intentionally smeared his reputation after he refused to make a deal with Saudi Arabia.
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September 30, 2025
3rd Circ. Parses 'Could' And 'Would' In Lipitor Lawsuit
A Third Circuit panel questioned Tuesday whether drug wholesalers and health plans had offered enough evidence that Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay generic competition for the cholesterol drug Lipitor, focusing on whether the U.S. Food and Drug Administration would have approved the competitor earlier than November 2011.
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September 30, 2025
Biogen Told To Pay Genentech $88M After IP Royalties Mistrial
Biogen MA Inc. owes Genentech Inc. more than $88 million in royalties related to expired patents, a California federal judge ruled Tuesday in a rare post-mistrial verdict arrangement.
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September 30, 2025
LGBCoin Founder Says NASCAR Backtrack Cost $76M
The attorney behind the LetsGoBrandon.com Foundation told jurors Tuesday that a decision by NASCAR to revoke the approval of its sponsorship of a racing team cost the foundation $76 million and destroyed the value of its cryptocurrency LGBCoin.
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September 30, 2025
Wu-Tang Trade Secret Ruling Hints At New Way To Protect Art
A New York federal judge caused a splash last week when she ruled that a one-of-a-kind Wu-Tang Clan album can constitute a trade secret, and attorneys say the surprising decision could broaden the scope of trade secret protections to cover artistic works.
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September 30, 2025
Wash. MLS Asked About Fairness Of Banning 'Office Exclusives'
A Washington federal judge pressed Northwest Multiple Listing Service at a hearing Tuesday to explain how its board of directors justified limiting homeowners' options when listing their residential properties for sale.
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September 30, 2025
NY Court Ends $2.5M Bid In West Point Project Fight
A New York federal judge on Tuesday rejected a subcontractor's attempt to recover $2.5 million for construction work on a West Point Military Academy renovation, finding the company's claims are barred under state law because it never submitted written notices of dispute.
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September 30, 2025
Union Pacific Takes Chicago Metra Lines Fight To 8th Circ.
Union Pacific told the Eighth Circuit that a federal rail regulator acted arbitrarily when it recently granted terminal trackage rights on three of its rail lines to Metra, Chicago's commuter rail system, the latest escalation in a yearslong contractual dispute over access to the crucial rail hub.
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September 30, 2025
$200M Investor In Studio 8 Asks Chancery For Records
A Chinese investor has asked the Delaware Chancery Court to force Studio 8 Holdings LLC to open its books, alleging the Hollywood film and television production company squandered a $200 million investment the investor made in June 2014.
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September 30, 2025
College Athlete Advocates Join Supporters Of Senate NIL Bill
A day after three Democratic U.S. senators introduced a bill promising more protections for college athletes — including women, athletes in smaller sports and those at smaller institutions — under the new revenue-sharing rules, the proposal on Tuesday drew praise from advocates for athletes and labor, including an official from the AFL-CIO.
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September 30, 2025
Wash. Panel Keeps Wage Suit Against Logistics Co. In Court
The arbitration agreements that a logistics company gave to two workers were unconscionable because they either didn't contain a severability clause or included a class waiver, a Washington state appellate panel ruled, affirming a decision to keep the workers' wage and hour suit in court.
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September 30, 2025
NJ Law Firm Defeats Suit Over Boardwalk Pier Investment
A New Jersey law firm won summary judgment in federal court over malpractice claims by a couple suing over a failed investment in an Atlantic City boardwalk project.
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September 30, 2025
FTC Accuses Zillow, Redfin Of Stifling Rental Ad Competition
The Federal Trade Commission filed a lawsuit in Virginia federal court on Tuesday accusing Zillow of paying Redfin more than $100 million to stop competing for the sale of rental housing advertisements on their listing services.
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September 30, 2025
Altria Loses Out On $38M Refund On Foreign Subsidiaries
Tobacco products maker Altria is not entitled to a $38 million tax refund on foreign subsidiaries, a Virginia federal court found, saying the company was an indirect shareholder through its interest in Anheuser-Busch and therefore owes taxes on its portion of the subsidiaries' income.
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September 30, 2025
3M Wins Toss Of $1.7B Suit Over Post-It Notes IP Deal
A New York federal judge has tossed an inventor's $1.7 billion lawsuit challenging the terms of a settlement of his earlier intellectual property case against 3M over the inventorship of the Post-it note, saying his claims are barred by earlier litigation.
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September 30, 2025
Co-Marketing Isn't A Kickback Scheme, NC Lender Says
A mortgage lender is urging a North Carolina federal court to toss a homebuyer's suit accusing it and an insurance broker of running a kickback scheme, arguing that the homebuyer is wrongfully alleging that its co-marketing agreement with the brokerage is some sort of kickback scheme.
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September 29, 2025
Zurich Wins $2M Coverage Dispute Over Wrongful Death Suit
A Colorado federal judge dismissed the claims of a pipeline construction company against Zurich Monday after the court found the insurance policy between the insurer and one of the construction company's subcontractors only allowed coverage up to $1 million, not $2 million.
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September 29, 2025
Wash. Bank Abetted $230M Ponzi Scheme, Investors Say
A Washington state bank has been accused of keeping afloat a real estate investment firm's $230 million Ponzi scheme by maintaining the enterprise's accounts even when evidence of fraud surfaced, according to a new lawsuit in Seattle federal court.
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September 29, 2025
Mich. Judge Says Truck Maker Must Face Delivery Failure Suit
Vehicle manufacturer International Motors LLC can't escape claims that it misrepresented its ability to produce hundreds of trucks on time for a large-volume purchaser, costing the buyer tens of millions of dollars in damages, a Michigan federal judge has ruled.
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September 29, 2025
Kazakh Money Laundering Retrial Against Felix Sater Begins
A Manhattan federal jury heard opening statements Monday in a civil money laundering retrial against financier Felix Sater, whom plaintiffs branded as a thief who enriched himself as he helped hide millions of dollars looted from a Kazakh bank 20 years ago.
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September 29, 2025
NJ Panel Rejects Suit Over Deadly Warehouse Fire
A New Jersey appellate court on Monday backed the dismissal of a proposed class action that was filed over a deadly December 2021 fire in a Hoboken commercial warehouse that killed two people.
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September 29, 2025
Hagens Berman Misstep Ends Amazon-Apple Suit, For Now
A Washington federal judge threw out a proposed class action targeting an alleged pact between Amazon and Apple to limit device sales on the e-commerce platform, agreeing on Monday to revisit an earlier ruling after fresh facts surfaced showing that the former lead plaintiffs' counsel misled the court for months.
Expert Analysis
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Decoding Arbitral Disputes: Precision In Jurisdiction Clauses
The High Court recently held that a contract requiring disputes to be heard by U.K. courts superseded arbitration agreements between long-time business affiliates, reinforcing the importance of drafting precise jurisdiction clauses that international commercial parties in multiagreement relationships will use to resolve prior disputes, says Josep Galvez at 4-5 Gray's Inn.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Strategizing For Renewable Energy Project Success In Texas
The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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5 Key Licensing Considerations For AI Innovations
As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.