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Commercial Contracts
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March 13, 2025
$181K Sanctions Against Texas AG-Tied Investor Stand
A Texas appeals court upheld around $181,000 in sanctions against the real estate developer at the center of Texas Attorney General Ken Paxton's failed impeachment, finding in a Thursday opinion that developer Natin Paul breached court orders when he wired money to an NBA player.
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March 13, 2025
Grubhub Can't Force Arbitration, But Uber Can At 2nd Circ.
A partially divided Second Circuit panel said Thursday that Grubhub cannot force into arbitration a proposed class action's price-fixing claims based on rules barring restaurants from selling food more cheaply through other channels, but left the arbitrability question for the same claims against Uber Eats up to the arbitrator.
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March 13, 2025
Federal Judge Still Skeptical Of Amazon Securities Fraud Suit
A Washington federal judge said he was "struggling" with a group of Amazon shareholders' stance in a securities fraud suit on Thursday, doubtful that stock sales numbers were enough to back claims that Jeff Bezos had a motive to dupe investors about the company's fulfillment capacity and third-party seller practices.
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March 13, 2025
Golden Globe Nominee Settles Conn. Feud With Talent Agent
Golden Globe nominee Cynthia Gibb and her Connecticut acting school have settled a lawsuit against a talent agent, the agent's acting instructor husband and a school they founded by allegedly interfering with a lease and swiping photos and student lists from Gibb's own academy.
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March 13, 2025
Host Co. Can't Force Bitcoin Miner From Pa. Property, For Now
A western Pennsylvania bitcoin mining venture won a temporary restraining order in Delaware's Court of Chancery Thursday in a ruling that barred a hosting company from continuing to use or block access to more than 20,000 mining systems that had been installed for the tenant operation.
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March 13, 2025
Full Fed. Circ. Probes Basis For $20M Google Patent Verdict
The en banc Federal Circuit on Thursday closely scrutinized the damages evidence underlying EcoFactor's $20 million thermostat patent trial victory against Google, with some judges suggesting that it doesn't support the testimony given by EcoFactor's expert witness.
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March 13, 2025
Ohio Co. Can't Get New Trial After Scrapped $18M Award
An Ohio startup on Thursday lost its latest bid to revive an $18.3 million jury verdict it won against TransUnion for allegedly holding its source code hostage after ending a business deal.
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March 13, 2025
Sony Sues USC Over Music Used In Social Media Ads
Sony Music has accused the University of Southern California of infringing more than 170 of its songs to advertise the university's sports program on social media, according to a copyright suit filed in New York federal court.
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March 13, 2025
Energy Co. Faces Investor Suit Alleging AES, Siemens Rifts
Energy storage company Fluence Energy Inc. faces a proposed investor class action alleging it concealed the impact to its revenues of growing rifts and falling business with its founders, German conglomerate Siemens AG and U.S. utility company AES Corp.
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March 13, 2025
Law Firm Helped Fintech CEO Undercut $1.7B Deal, Suit Says
A fintech startup that went belly up after a $1.7 billion deal to take it public fell apart told a Texas federal court that Chapman and Cutler LLP helped the startup's CEO stab it in the back, saying in a Thursday complaint the firm breached its fiduciary duties.
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March 13, 2025
Boston Firm, IT Vendor Settle Fight Over Data
Melick & Porter LLP has settled a suit accusing its former IT vendor of holding the Boston law firm's computer systems and data hostage during the transition to a new provider.
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March 13, 2025
J&J Unit Drops Noncompete Suit Against Ex-Marketing Exec
Johnson & Johnson's vision unit has agreed to drop its claims against a former marketing director after reaching a settlement on allegations that she breached a noncompete agreement, according to a Thursday order in New Jersey federal court.
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March 13, 2025
Swimsuit Pics App Maker Can't Revive Suit Against Facebook
California appellate justices on Wednesday refused to revive an app developer's contract breach suit alleging Facebook rescinded its commitment to provide third-party developers with access to user data, rendering his app for finding users' swimsuit photos unworkable, after concluding Facebook's terms expressly said it could limit developers' access to data.
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March 13, 2025
5th Circ. Sides With NLRB On Reconsidered Exxon Ruling
The National Labor Relations Board didn't overstep by wiping out and rethinking a decision involving an Exxon Mobil unit after learning a member had a stake in the company, the Fifth Circuit said, enforcing the board's ruling that the company sabotaged negotiations with a union.
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March 13, 2025
Michigan Pot Farm Wants Sanctions In $32M Contract Suit
A Michigan cannabis farm that won a $31.8 million verdict against Curaleaf in a contract dispute in January is urging a Michigan federal court to sanction the company further, saying it has misrepresented law and binding precedent in its arguments against prejudgment interest.
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March 13, 2025
Builder Says Conn. Hilton Owner Owes $6M For $63M Project
A building contractor is taking the owner of a new Home2 Suites by Hilton hotel in Bristol, Connecticut, to court, claiming that what started as a $13 million project ballooned into a $63.4 million series of redesigns and changes in scope for which the hotel owner still owes $6 million.
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March 12, 2025
Wells Fargo Can't Force Adviser's Widow To Arb., Panel Finds
Wells Fargo can't force a deceased employee's widow to arbitrate her claims that she never received certain stipulated benefits after her husband's death because the widow never agreed to arbitrate those claims, a California state appeals court has determined.
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March 12, 2025
Jets Legend Sues ESPN, NFL Over '30 For 30' Favre Clip
Former New York Jets defensive end Mark Gastineau sued ESPN and the NFL in Manhattan federal court over the latest episode of the sports documentary series "30 for 30," which shows him confronting famed Green Bay Packers quarterback Brett Favre about a controversial sack.
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March 12, 2025
'I Was Wrong': FTC Atty Flips On Cuts Delaying Amazon Trial
The Federal Trade Commission abruptly backtracked on an in-house attorney's comments about "severe" resource constraints amid the government spending crackdown while urging a Washington federal judge to delay a consumer protection trial against Amazon, with the same attorney telling the court he was wrong in a letter filed hours after a Wednesday status conference.
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March 12, 2025
5th Circ. Won't Revive Suit Over $58M Cloud Computing Deal
The Fifth Circuit backed the dismissal of cloud computing company Cloud49's lawsuit against rivals Rackspace Technology and Capgemini, rejecting claims that the companies engaged in tortious interference and trade secrets misappropriation during a Texas state cloud computing contract bid worth more than $58 million.
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March 12, 2025
Bitcoin ATM Co. Wants TRO Over Unplugged Machines
A bitcoin ATM operator has asked the Delaware Chancery Court to issue a temporary restraining order against a Midwest grocery store chain for allegedly unplugging and covering up ATMs at more than 60 locations, in violation of operating agreements between the parties.
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March 12, 2025
Texas Jury Awards Staffing Co. $14M Verdict Against Dynata
A Texas state jury handed a mostly clean sweep to a staffing company that accused market research company Dynata LLC of withholding payment for months of work, awarding about $14 million Wednesday after a trial in a Texas state court that lasted about a week.
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March 12, 2025
4th Circ. Won't Undo Health Data Access Order
A Fourth Circuit panel issued a ruling Wednesday that affirmed a lower court's order requiring PointClickCare to allow Real Time Medical Systems to access patient data that it uses to provide nursing facilities with alerts for potential medical complications.
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March 12, 2025
Mich. Justices Fret About Insurer Fallout In Benefits Case
The Michigan Supreme Court on Wednesday seemed receptive to an insurance pool's argument that it does not owe coverage to a municipality for canceling a retirement benefit, asking about the potential for a major impact on the industry were it to affirm an adverse ruling.
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March 12, 2025
Real Estate Co. Says Commission Inflation Suit Is Untimely
Arguing that the case is time-barred, one of the biggest real estate firms in the Northeast says a Connecticut judge should toss a retooled class action accusing company officials of joining trade groups to press for industry rules that boosted their bottom line.
Expert Analysis
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What Contractors Can Do To Address Material Cost Increases
In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.
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Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion
The recent Delaware Superior Court ruling in Harman International v. Illinois National Insurance offers a critical framework for interpreting bump-up exclusions in management liability insurance policies, and follows the case law trend of narrow interpretation of such exclusions, says Simone Haugen at Tressler.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz
Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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What To Expect From Trump's Deputy Labor Secretary Pick
President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Gas Contract Fight Holds Lessons On Force Majeure Clauses
Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.
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Art Fraud Cases Highlight Importance Of Due Diligence
Recent high-profile art fraud cases provide a helpful reminder that a healthy skepticism can prevent prospective buyers from becoming victims, and that lawyers can take steps to help safeguard their clients, say attorneys at Arnold & Porter.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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A Deep Dive Into Singapore's New Int'l Arbitration Rules
The latest revisions to the Singapore International Arbitration Centre's rules, effective as of Jan. 1, contain numerous innovative and industry-leading updates, including new rules on coordinated and emergency procedures, and third-party funding, say attorneys at WilmerHale.