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Commercial Contracts
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September 23, 2025
Cannabis Fertilizer Cos. Say They've Made Peace In TM Case
Rival fertilizer-makers Athena AG Inc. and Advanced Nutrients US LLC have reached a tentative deal to end a trademark dispute involving their cannabis-focused products, the companies told a federal judge in Washington just days after the court cleared the case for trial.
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September 22, 2025
Oracle To Secure TikTok Users' Data In Deal To Skirt US Ban
Tech giant Oracle will be tasked with safeguarding U.S. TikTok users' personal data, and the app's recommendation algorithm will be "retrained" and operated outside the control of TikTok's Chinese parent company under a deal that President Donald Trump is expected to sign this week to avert a shutdown of TikTok, the White House said Monday.
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September 22, 2025
Meta Can't Ditch Revived Contract Fight Over Scam Ads
A California federal judge Monday trimmed a proposed consumer class action against Meta Platforms Inc. over Chinese vendors' scam ads on Facebook and Instagram that was recently revived by the Ninth Circuit, tossing for good a negligent failure-to-warn claim, but keeping intact the consumers' remaining contact claims.
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September 22, 2025
Judge Blocks New Claims In BNY Mellon Self-Dealing Suit
A pair of investors with the Bank of New York Mellon can't use an amended complaint to raise a relatively new theory of liability against the bank nearly five years after filing their original suit, a Pennsylvania federal judge ruled Monday.
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September 22, 2025
Freight Broker, Widow Tell 4th Circ. To Note Preempted Claims
Echo Global Logistics Inc. and a widow suing the freight broker over a 2022 South Carolina trucking accident have called the Fourth Circuit's attention to recent appellate decisions that have further divided courts considering whether freight brokers can be held liable for allegedly negligently picking motor carriers.
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September 22, 2025
Contractor's Insurers Owe $7M For Bridal Shop Fire, Suit Says
A bridal shop said a contractor's insurers must pay their combined $7 million policy limits toward a $38 million judgment in an underlying suit over a fire caused by the contractor's demolition work at another property, according to a complaint removed to New York federal court Monday.
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September 22, 2025
Judge Lets Suit Over Audible's Expiring Credits Move Forward
A Washington federal judge has declined to toss a consumer's proposed class action against Audible Inc. over the expiration dates on membership "credits," saying such vouchers don't have to be backed by a specific cash value to be covered by the Evergreen State's gift card law.
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September 22, 2025
Fifth Third Can Keep $30M In Escrow Fight, Judge Rules
A New York federal judge has sided with Fifth Third Bank in a $30 million escrow fight, finding its claim notice over alleged "platform fee" violations was timely and valid, in a ruling that will require the suing private equity seller to return $10 million that was already released.
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September 22, 2025
Judge Gets More Details On Proposed $1.5B Anthropic IP Deal
Authors who have inked a proposed $1.5 billion deal to end their copyright class action against artificial intelligence developer Anthropic PBC are saying they have worked out all the issues a California federal judge pointed out when he initially declined to give the deal approval.
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September 22, 2025
5th Circ.'s 340B Ruling 'Limited,' Pharma Cos. Tell 4th Circ.
The Fifth Circuit's recent refusal to block a Mississippi law regulating the delivery of discounted drugs to rural providers can't be wielded by West Virginia in its battle over the law's constitutionality because of the distinctions between the two state laws, a coalition of pharmaceutical companies told the Fourth Circuit.
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September 22, 2025
Ga. College Can't Slip $240K Loss For Athletic Conference Exit
A rural Georgia college will be forced to pay $240,000 in damages to the athletic conference it left several years ago after the Georgia Court of Appeals backed the conference Monday in a dispute over whether their contract's fee provision was enforceable.
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September 22, 2025
Experian Asks 4th Circ. To Reverse Arb. Ruling In FCRA Suit
Consumer reporting agency Experian has asked the Fourth Circuit to overturn a lower court's decision concerning the arbitration of a lawsuit brought by a consumer falsely reported as dead, saying the judge was wrong not to enforce clauses in the consumer's agreement that delegated such decisions to an arbitrator.
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September 22, 2025
Amex Can't Push 'Illusory' Arbitration Over 'Anti-Steering' Rule
A putative class of businesses does not have to arbitrate claims that American Express violated antitrust laws by effectively preventing merchants that accept credit cards from incentivizing customers to use lower-fee cards, after a Massachusetts federal court ruled it will not "close its eyes" to the "illusory" arbitration agreement.
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September 22, 2025
Social Media Co. Calls For Disqualification Of Influencer's Atty
A social media optimization company has moved to disqualify a social media influencer's attorney from a copyright infringement suit in Texas federal court, saying attorneys from the same firm had previously met with the company in meetings where confidential information was discussed.
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September 19, 2025
Judge Won't Enforce Injunction Against Pot Co. Shareholder
A Colorado state judge denied a Canadian cannabis company's request for a preliminary injunction against an investor Friday, finding that the injunction request was too broad, and many of the requests needed to be litigated elsewhere.
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September 19, 2025
Film Co. Founders Accused Of $1.2M Con For Fake Pot Co.
A Los Angeles film company and its founders are accused of fraudulently taking $1.2 million from a private equity fund, spending it on luxury properties, artwork and their existing ventures, but never putting a dime of the loan on its intended purpose, launching a "booming cannabis empire," according to a lawsuit filed in California state court.
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September 19, 2025
Call For Gov't Cut Of University Patent Cash Spurs Concern
Commerce Secretary Howard Lutnick's comments that the government should get as much as half of the revenue that universities generate from patents developed with federal funding have caused worry among industry groups and attorneys, who say it would inhibit efforts to commercialize publicly funded inventions.
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September 19, 2025
PTAB Invalidates Johns Hopkins Patent In Keytruda Fight
The Patent Trial and Appeal Board has invalidated an anti-cancer therapy patent owned by Johns Hopkins University, handing a win to challenger Merck Sharp & Dohme LLC in a larger fight relating to Merck's Keytruda treatment.
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September 19, 2025
DC Judge Cuts Proud Boys Atty's Bill To Researcher
A D.C. federal judge reduced the amount an attorney who represented Proud Boys members in their Jan. 6 criminal trial owes to a researcher who sued him over unpaid work, dropping a jury's award of $77,000 to just $30,000.
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September 19, 2025
Surgery Center Wins Contract Fight With Spine Doc
A Colorado federal jury Thursday sided with Arete Surgical Centers LLC in a contract fight with a spine surgeon in which each party accused the other of violating a settlement agreement over an earlier dispute, awarding the center just over $300,000.
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September 19, 2025
Shareholders Urge Sanctions Over Telecom Tower Seizures
Majority shareholders of a Latin American telecommunications tower operator should be sanctioned for ignoring a court order to hand over documents related to an action the company lodged in Guatemala, a group of minority shareholders have told a New York federal judge.
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September 19, 2025
India Can't Challenge Immunity Ruling In $111M Award Suit
Canada's highest court has refused to review a Quebec appellate court's decision shutting down India's sovereign immunity defense in litigation to enforce a $111 million arbitral award to investors and shareholders in Devas Multimedia Services and reinstating a $37.5 million seizure order.
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September 19, 2025
Co. Tied To Lehman Ex-Restructuring Chief Faces Loan Suit
A holding company linked to Lehman Brothers' post-2008 era restructuring professional defaulted on a commercial loan secured by a large office building and now owes a reinsurer about $19.5 million, according to a lawsuit brought in North Carolina's business court.
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September 19, 2025
NFL Warns Arb. Ruling Could Disrupt Sports Dispute Process
The NFL has asked the Second Circuit for a rehearing on its finding that the league provides arbitration "in name only" because its process lacks neutrality, arguing that the decision will disrupt long-standing procedures across professional sports and undermine a league's authority to resolve disputes.
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September 19, 2025
11th Circ. Backs Insurer In Damaged Blood Plasma Suit
The Eleventh Circuit backed an insurer's early win in a coverage dispute over $820,000 in blood plasma that was declared a total loss thanks to a shipping holdup, holding that the "plain language" of its policy clearly excluded claims for delays.
Expert Analysis
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Sales And Use Tax Strategies For Renewables After OBBBA
With the One Big Beautiful Bill Act sharply curtailing federal tax incentives for solar and wind projects, it is vital for developers to carefully manage state and local sales and use tax exposures through early planning and careful contract structuring, say advisers at KPMG.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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FTC Actions Highlight New Noncompete Enforcement Strategy
Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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Liability Lessons From Luxury Cruise Thwarted By Sanctions
An ongoing legal dispute over a canceled luxury cruise to the North Pole reminds attorneys that liability can surface even before a ship leaves the dock — and that U.S. sanctions law increasingly lurks in the background of global travel contracts, says Peter Walsh at The Cruise Injury Law Firm.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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How GILTI Reform Affects M&A Golden Parachute Planning
Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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How The 5th, DC Circuits Agreed On FCC Forfeiture Orders
The Fifth and D.C. Circuits split this year on the Federal Communications Commission's process for adjudicating enforcement actions, but both implicitly recognized the problem with penalizing a party based on a forfeiture order that has not yet been challenged in any way in court, says Jared Marx at HWG.