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Commercial Contracts
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May 30, 2025
Wash. Judge Doubts Valve's Suit Alleging Arbitration Scheme
A Washington state appellate judge pushed back Friday against Valve Corp.'s stance that it could sue an attorney over an alleged scheme to manipulate arbitration pacts between the gaming giant and its customers, suggesting the company opened the door for such conduct by previously forcing gamers to arbitrate antitrust claims individually.
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May 30, 2025
Solar Energy Co. Hits Ex-Employees With Trade Secrets Suit
A solar energy company has sued four former employees in New Jersey federal court, claiming one of them altered his name to conceal criminal history, then left to start a competing company, and that three others aided him in taking trade secrets on his way out.
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May 30, 2025
ITC Issues Import Block On Ascletis Liver Disease Drugs
The U.S. International Trade Commission has issued an order blocking a Hong Kong-listed drug developer from importing treatments for a type of liver disease for the next seven years.
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May 30, 2025
Smithfield Can't Split Trial In Contract Clash With Hog Supplier
Smithfield Foods Inc. can't cleave an upcoming trial into two parts over whether its pricing practices violated a production agreement with a longtime hog supplier in North Carolina, a state judge ruled Friday, finding that it would be disruptive and drag out the proceedings unnecessarily.
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May 30, 2025
NJ Pot Shop Fails To Prove Urgency In $273K Fund Dispute
A New Jersey federal judge on Friday declined to unfreeze $273,820 of a dispensary's funding frozen in an account between a payment processor and a Florida bank, saying the dispensary hasn't shown it is at risk of insolvency without the money.
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May 30, 2025
Radar Co. Saves Trade Secret Claims In Suit Against Ex-Exec
A Washington federal judge has preserved a radar company's claims that a former executive stole confidential information as he left to start his own company, while dismissing other breach of contract claims against the executive and another former employee.
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May 30, 2025
DLA Piper Adds Healthcare Regulatory Atty In DC Office
DLA Piper strengthened its healthcare regulatory resources in Washington, D.C., with the recent addition of an attorney who previously served as acting general counsel for the U.S. Department of Health and Human Services.
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May 30, 2025
Insurer Seeks Win In Margolis Edelstein Malpractice Dispute
Margolis Edelstein should not be allowed to escape GMG Insurance Agency's legal malpractice suit, the agency told a Delaware Superior Court, saying the law firm admitted that it was not competent to handle an underlying noncompete dispute that resulted in a $1.2 million settlement.
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May 30, 2025
Diaz Reus Sued For Fraud, Conflict In Failed Miami Water Park
A Florida consultant has sued law firm Diaz Reus & Targ LLP over allegations it created an adverse conflict of interest in ownership over a failed Miami water park when the firm's managing partner and his brother, another firm member, attempted to "strong-arm" him into reducing his interest in the venture.
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May 30, 2025
3rd Circ. Preview: Tribal Immunity Limits On Deck For June
The Third Circuit's June argument lineup will find a finance company fighting a proposed class action over allegedly predatory payday loan fees because of its tribal ties, while a plumbing company argues that it does not have to arbitrate a union grievance.
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May 29, 2025
Translation Co. Pushes To Enforce $11.3M Arbitration Award
A translation services provider has asked a New York federal court to enforce an $11.3 million arbitral award against a Serbian ex-employee and his computer software company in a breach of contract dispute.
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May 29, 2025
Investment Firm Says It Was Duped Into $349M Dental Deal
Investment firm TSG8 SDB Group Holdings LP has filed suit in Delaware Superior Court claiming a Texas-based holding company tricked it into pouring $349 million into a specialty dental practices platform based on fake financials and phony growth claims, and hid the business's problems just long enough to cash out.
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May 29, 2025
Texas Justices Keep Court Orders On $3.4B Water Pipeline
A Texas appeals court mostly kept intact court orders barring a groundwater company from interfering with several leases as a part of a $3.4 billion pipeline venture to supply water to San Antonio, finding in a Thursday opinion the company was undercutting its lessee.
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May 29, 2025
Atty Urges 2nd Circ. To Resurrect Name Feud With Ex-Firm
A lawyer has asked the Second Circuit to revive claims against his former firm, which he alleges used his name and likeness after he was fired, saying a judge's dismissal of those claims ignored the harm he personally suffered and the requirements of the Lanham Act.
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May 29, 2025
JetBlue Fights American's NEA Suit, Pivots To United Deal
JetBlue has told a Texas federal judge that American Airlines' lawsuit seeking to recover $1 million in alleged unpaid payments related to their now-scrapped codeshare agreement covering New York and Boston is preempted by federal law and potentially conflicts with a Massachusetts federal judge's antitrust ruling.
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May 29, 2025
Columbia Sportswear Gets Mixed Trade Secrets Ruling
An Oregon federal judge has partially sided with motions by Columbia Sportswear Co. and a former employee in a case alleging the worker took trade secrets with him when he left the company, but denied the bulk of the requests from all parties seeking to end the suit in their favor.
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May 29, 2025
Bahraini Co. Lobs Fraud Suit Over Faulty Paving Machine
A Bahraini company that once sought government contracts repaving roads in the Middle East sued an Ohio asphalt recycling machine manufacturer on Wednesday, accusing it of fraudulently trying to pass off an inferior repurposed machine as new and then skipping out on a contractually mandated arbitration.
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May 29, 2025
Judge Challenges Visa's Bid To Dismiss DOJ Antitrust Suit
A New York federal judge on Thursday questioned whether Visa Inc. is inappropriately raising factual disputes in its motion to dismiss U.S. Justice Department claims that the company has illegally maintained a monopoly in the market for debit card networks.
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May 29, 2025
Ex-United Therapeutics Exec Can't Dodge IP Suit
A former United Therapeutics Corp. executive lost his bid to toss his former employer's suit alleging he used stolen intellectual property to develop a lung disease drug for a competitor, with the North Carolina Business Court ruling that it was too soon to determine if the complaint was untimely.
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May 29, 2025
NASCAR Wins Defamation Claims Over LGBCoin Sponsorship
A Florida state court judge ruled in favor of NASCAR on defamation claims brought by the founder of the LGBCoin cryptocurrency regarding communications to journalists, saying a published statement that the meme coin was almost worthless was "undisputably true."
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May 29, 2025
Judge Keeps Betting-Tech Suit On Track As Sanctions Loom
A Nevada federal judge refused a sportsbook technology company's attempt to stay briefings on a motion for sanctions in its trade secrets suit against a former collaborator, ruling the request lacks sufficient justification.
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May 29, 2025
Disney Can't Stop Brazil Court Injunction In IP Row, For Now
A California federal judge has denied The Walt Disney Co.'s request to block a Brazilian court from taking injunctive action against it in a patent dispute with wireless technology developer InterDigital Inc., saying the entertainment giant has not shown it's likely the Brazilian court will issue a preliminary injunction barring the use of certain video codec technology.
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May 29, 2025
Lindberg Can't Skirt $122M Contempt Order, NC Panel Told
Insurance companies that convicted billionaire Greg Lindberg allegedly bled dry told the North Carolina Court of Appeals not to let him duck a $122 million contempt order, saying he didn't even show up for the hearing and has done nothing since to purge his contempt.
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May 29, 2025
Clifford Chance Hires Investment Funds Partner From Kirkland
Clifford Chance LLP announced Tuesday the hiring of a partner at Kirkland & Ellis LLP for its funds and investment management practice in the U.S., a month after Kirkland picked up an investment funds partner from Clifford Chance.
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May 29, 2025
Fla. Panel Affirms Atty Conflict DQ In Construction Dispute
In a one-word opinion, Florida's Third District Court of Appeal affirmed a trial court's decision to disqualify a plaintiff's attorney in a long-running construction ownership dispute after finding he briefly represented the defendant's surety company in a related matter.
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.