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Commercial Contracts
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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.
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September 19, 2025
Hagens Berman Seeks To Limit Sanctions For AI Mistakes
A Hagens Berman Sobol Shapiro LLP partner should face only limited sanctions and the firm shouldn't be sanctioned at all over a contract attorney's use of artificial intelligence to generate legal briefs in a proposed class action against online platform OnlyFans since its attorneys did not act in bad faith, the firm told a California federal judge.
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September 19, 2025
Philly Pizzeria Owner Says Coup-Minded Partner Stole Dough
The co-owner of a South Philadelphia pizzeria took dough from the joint enterprise's bank account and made plans to slice his partner out of the venture, according to a Pennsylvania state court complaint.
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September 19, 2025
Off The Bench: Briefings On Trans Ban, New Kalshi Conflicts
In this week's Off The Bench, the U.S. Supreme Court receives initial briefs from West Virginia and Idaho regarding their bans on gender identity-based participation in school sports, Kalshi is taken to court by another state over its event contract offerings, and Washington, D.C.'s National Football League team takes a major step toward returning to its namesake city.
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September 19, 2025
Firm Says Newsmax Wants 'Haircut' On Fees In Dominion Suit
Todd & Weld LLP said Newsmax has refused to pay outstanding billings for the Boston-based boutique's work in defending the cable news channel from a Dominion Voting Systems defamation suit.
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September 19, 2025
Fired Public Housing CEO Sues NC City, Alleging Racial Bias
The former CEO of a North Carolina city's public housing authority has hit the city and authority board with a race discrimination and breach of contract suit, alleging in North Carolina federal court that the defendants violated her work contract because she's an African American woman.
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September 19, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen brokerage firm ADS Securities file a fresh claim against German entrepreneur Lars Windhorst, AmTrust and Endurance Worldwide Insurance tackle an ongoing £50 million ($67 million) dispute over a failed litigation and insurance scheme, and Howard Kennedy LLP sue the son of a diamond tycoon over a £3.1 million legal bill.
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September 18, 2025
AMG Must Face $85M Fintech Collapse Suit, Customers Say
Account holders and customers of fintech platforms urged a Colorado federal judge Wednesday to reject AMG National Trust Bank's bid to exit litigation attempting to hold it liable for monetary losses related to the collapse of fintech middleman Synapse, arguing AMG's motion is based on faulty data from a consulting group.
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September 18, 2025
Kong Toy Owners Blame Each Other For Deal Breach
After more than three weeks, the co-owners of dog toy maker Kong Co. LLC ended their bench trial over violated company agreements with closing arguments Thursday, with one side claiming they were being forced out while the other arguing they were being ripped off.
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September 18, 2025
Texas Co. Sues Over Unpaid Work On NJ Mall Gaming Site
An Austin, Texas, company is claiming in New Jersey state court that a client is hiding behind a web of companies to avoid paying $500,000 for a job to furnish and install lighting features at an interactive gaming attraction in New Jersey's American Dream mall.
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September 18, 2025
Wash. Panel Calls Gas Station Co.'s Insurance Delay Risky
Whether gas station operator Gull Industries Inc. is entitled to legal defense costs from Granite State Insurance Co. in long-running litigation over the company's environmental liability may ultimately boil down to timing, Washington state appellate judges suggested at a hearing Thursday.
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September 18, 2025
NC Judge Trims Feud Over Middle School Dance Team Name
The parties fighting over the rights to the name of a youth dance team were urged by a North Carolina federal judge on Thursday to resolve the disagreement on their own, after he streamlined the claims against each other and admonished them for the lengths they already have traveled to secure the team name.
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September 18, 2025
Former NRA President's Suit Split, Partially Moved To Va.
A lawsuit by the former president of the National Rifle Association alleging breach of contract against the gun rights organization was split by a federal judge Thursday, with Florida state law claims being kept in the Sunshine State and its contract-related claim moved to Virginia.
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September 18, 2025
Circuit Board Maker Fights $7.6M Trial Loss At 11th Circ.
A Chinese circuit board manufacturer asked the Eleventh Circuit on Thursday to reverse a ruling in its U.S. distributor's favor, arguing that the lower court improperly held it to a heightened pleading standard in their contract dispute, paving the way to a $7.6 million loss at trial.
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September 18, 2025
Cannabis Co. Says Insurer Shirked $900K Theft Coverage
The insurer for an online retailer of legal THC wrongfully denied coverage for losses stemming from a break-in at the business's Oklahoma warehouse, where nearly $900,000 in inventory was stolen, the retailer alleged in a North Carolina state court filing.
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September 18, 2025
Microsoft Whistleblower Suit Can Proceed, Judge Says
A former Microsoft worker can keep pursuing his federal whistleblower claim in his suit accusing the company of firing him for flagging compliance issues and misconduct, a Texas federal court ruled in its order determining the employee's alleged failure to utilize administrative proceedings does not bar him from bringing the claims.
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September 18, 2025
AI Firm's Ex-CTO Barred From Using Trade Secrets
A Washington federal judge has barred an artificial intelligence startup's former chief technology officer from using trade secrets to hurt the company, making disparaging statements about it or contacting the company's current or prospective customers.
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September 18, 2025
Fox Can't Strike Distributor's Evidence In Sports IP Fight
A New York federal court ruled that a Mexican sports broadcasting distributor provided enough support to retain evidence that could help it overturn sanctions for unlawfully using Fox Corp.'s trademarks, rejecting Fox's efforts to suppress the evidence.
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September 18, 2025
Footballer Drops Suit Against NCAA After Bid To Play Denied
The college football player who sued the NCAA over its denial of a waiver for him to play this season has dropped his case, after a North Carolina state judge denied his bid for a temporary restraining order that would have allowed him to suit up immediately.
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September 18, 2025
Harley-Davidson Says 7th Circ. Right To Toss Warranty Suit
Harley-Davidson is urging the Seventh Circuit not to hold an en banc rehearing on antitrust claims alleging its warranties prohibited off-brand parts, saying the panel was correct last month when it found the plaintiffs failed to allege the relevant market or that the warranty actually had any such prohibition.
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September 17, 2025
Live Nation Unit Sues Biz Partners Over Fla. Music Venue
A Live Nation subsidiary and majority owner of a prominent Miami club has sued its business partners over a music venue's operation in Florida federal court, alleging they became greedy and reneged on a carefully negotiated mediation agreement, resulting in a potential loss of millions of dollars and reputational damage.
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September 17, 2025
NCR Pushes For Full 11th Circ. Review In Pension Payout Spat
Software company NCR Corp. asked the full Eleventh Circuit on Tuesday to examine a pension payout fight with former executives in the wake of a three-judge panel's ruling last month that the company can't issue lump-sum payments to plan participants as alternatives to promised life annuities.
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September 17, 2025
Judge Probes Alleged Rivalry In Captive Insurer's Collapse
A North Carolina Business Court judge on Wednesday wanted help deciding whether a Georgia insurance company belongs in a fight over a defunct captive insurer's demise, but neither party seemed to have the answers he needed.
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September 17, 2025
Credit Investment Firm Sues UBS Over Naked Juice Loan Deal
A Connecticut branch of UBS faces a credit-investment firm's claims that UBS breached the terms of a loan participation agreement funding bottled juice company Naked Juice LLC after a restructuring of the agreement resulted in less favorable terms for the limited partnership.
Expert Analysis
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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.
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With Obligor Ruling, Ohio Justices Calm Lending Waters
A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.