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Commercial Contracts
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October 23, 2025
Quinn Emanuel Loses Bid To Get $1.7M Bill From Sheriff Case
A California state appeals court Thursday shot down Quinn Emanuel Urquhart & Sullivan LLP's effort to recover a more than $1.7 million bill for representing a former Los Angeles County sheriff in a suit county supervisors lodged, finding that the sheriff lacked authority to retain the firm.
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October 23, 2025
Wash. Justices Skeptical Of Debtor's Collection Notice Stance
Washington Supreme Court justices appeared wary Thursday of second-guessing a Seattle federal judge who asked them to decide whether a hospital billing disclosure law applies to debt collectors, as the plaintiff in the underlying proposed class action pressed the court to "reformulate" the certified question.
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October 23, 2025
Ga. Panel Says Statute Noncompliance Dooms Crash Deal
The Georgia Court of Appeals reversed a trial court order granting a man's motion to enforce a settlement agreement in a personal injury suit where he was accused of hitting someone with his truck, finding the agreement wasn't a "valid offer capable of being accepted."
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October 23, 2025
Chancery Maps Out Math For Hefty Drug Co. Breach Interest
A Delaware vice chancellor late Thursday issued a road map for calculating tens of millions of dollars in interest due after a ruling in June that Alexion Pharmaceuticals failed a "best efforts" duty to fulfill an autoimmune drug candidate deal with Syntimmune Inc.
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October 23, 2025
NC Judge Dubious Of NASCAR's 'Cartel' Counterclaims
A North Carolina federal judge appeared skeptical Thursday of letting NASCAR bring to trial its antitrust counterclaims against a pair of stock car racing teams, one owned by retired NBA legend Michael Jordan, questioning how the teams could have colluded to force more favorable contract terms when there seems to be evidence NASCAR was able to negotiate with them individually.
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October 23, 2025
Texas Appeals Court OKs Challenge To $1M Default Judgment
A Texas appeals court said Thursday that an energy company on the hook for a $1 million default judgment can have a second shot at seeking a new trial because it filed the request just before midnight on the date it was due, reversing a lower court decision that found the filing came too late.
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October 23, 2025
9th Circ. Calls For Evidence Hearing Over ICE Facility Access
The Ninth Circuit on Thursday partially remanded the Washington State Department of Health's lawsuit accusing GEO Group of illegally blocking access to an immigration facility for safety inspections, calling for an evidentiary hearing into how the refusal for access played out.
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October 23, 2025
Walgreens Urges Pretrial Win In Shelf Space Fight
Electronics accessories manufacturer Zeikos Inc. should not be allowed to take its product placement contract suit against Walgreens to trial because it's clear Zeikos misinterpreted sales data that spurred an agreement the company itself never fully satisfied, the pharmacy retailer argued Wednesday.
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October 23, 2025
Investor Says Biotech Co. Rigged Votes To Expand Share Pool
A stockholder of Pennsylvania-based Ocugen Inc. sued the biotech company Thursday in Delaware Chancery Court, alleging that the company's board contrived a "clever" but unlawful scheme to push through a 2024 charter amendment that expanded its authorized share count without the required majority approval.
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October 23, 2025
$5M Lindell Arbitration Fight Submitted For High Court Review
A software developer trying to revive his $5 million arbitral award against MyPillow CEO Mike Lindell has brought the case to the U.S. Supreme Court, where he is urging the justices to finally resolve whether manifest disregard of the law is a valid basis on which arbitral awards may be vacated.
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October 23, 2025
RingConn Settles With Oura After ITC Import Ban
Ouraring Inc. has inked a deal allowing RingConn to keep its smart rings on the U.S. market following the U.S. International Trade Commission's decision to block Ultrahuman and RingConn from importing products it held infringed a wearable computing device patent.
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October 23, 2025
Conn. Judge Awards $71K Fees In 'Minute Entry' Appeal Loss
A Connecticut federal judge on Thursday awarded $71,050 in attorney fees to a company that defeated a Second Circuit challenge questioning whether an oral ruling and a "minute entry" were real judicial decisions that triggered a 30-day appeal deadline, finding the charges reasonable.
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October 23, 2025
Ex-Exec Accused Of Stealing IVF Co.'s Trade Secrets
The co-founder of a Garden State genetic testing company abruptly quit, deleted all the data on his company laptop — including the only copy of some materials — then took the trade secrets to help a competitor, according to a lawsuit filed in New Jersey federal court.
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October 23, 2025
Electric Co. Says Contractor Owes $5M For Denver Airport Job
An electric infrastructure company accused a contractor in Colorado state court Wednesday of withholding over $5 million in payments for work completed in an expansion project at the Denver International Airport.
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October 23, 2025
Columbia University Wants Out Of Sportswear Trademark Suit
Columbia University has asked an Oregon federal judge to toss a trademark infringement lawsuit brought by Columbia Sportswear, saying it had been using the name for about 200 years prior to the sportswear company putting it on a shirt.
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October 23, 2025
Eli Lilly Says Pharmacy Mass-Producing Weight Loss Drug
Drugmaker Eli Lilly is suing a compounding pharmacy in Texas federal court, alleging the pharmacy ripped off its lucrative weight loss drug, began mass-producing it, and made as much as $2 million per month last year from its misdeeds.
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October 23, 2025
Conference Set In Discovery Fight Amid $900K Fee Dispute
A Connecticut state judge has called a status conference but denied a request for an "urgent" evidentiary hearing in a fee dispute between two law firms stemming from a $900,000 personal injury settlement, noting in an order that the conference would be held to discuss outstanding discovery issues ahead of trial.
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October 23, 2025
Avadel, Jazz Settle Sleep Disorder Drug Claims
Avadel Pharmaceuticals has announced it reached a global settlement with Irish rival Jazz Pharmaceuticals to dismiss their lawsuits against each other that alleged patent and antitrust violations related to sleep disorder drug Lumryz.
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October 23, 2025
Shipbuilder Can't Ax Md. Bridge Collapse Suit, Court Told
The Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse maintained that South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. should be held accountable in Pennsylvania federal court for designing and building a "fatally flawed" ship.
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October 22, 2025
Blake Lively Seeks Sanctions Over 'Untraceable' Messages
Blake Lively told a New York federal judge Wednesday her "It Ends With Us" co-star Justin Baldoni, his production company and other defendants in her defamation case should be sanctioned for using Signal's auto-delete function in an attempt to erase evidence of their alleged retaliatory smear campaign against the actress.
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October 22, 2025
Meta Beats False Ad Suit Over Bricked Devices, For Now
A California federal judge indicated Wednesday that he'll toss a proposed class action alleging Meta deceptively sold Portal video-calling devices that it later "bricked" by dropping software support, but he allowed the buyers to amend their claims, saying Meta's decision to strip the devices of functionality "seems wrong."
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October 22, 2025
Phillips 66 Can't Undo $805M Trade Secrets Trial Loss
Phillips 66 can't get a new trial after its $805 million loss on claims it stole startup Propel Fuels' intellectual property during due diligence for an acquisition, a California state judge has ruled, saying the jury's findings, including malicious misconduct, are well-supported.
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October 22, 2025
Bristol-Myers $450M Payment Dispute Heads To Arbitration
A judge sitting for Delaware's Court of Chancery has sent to arbitration allegations from shareholders of a small biotechnology company acquired by Bristol-Myers Squibb that the pharmaceutical giant used trickery to avoid paying up to $450 million in milestone payments.
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October 22, 2025
Origins Tech Settles $4M Suit Over Canceled Pot License
Cannabis brand holding and investment company Origins Tech Inc. has settled its legal fight with a Utah cannabis retailer, with both agreeing to drop claims and counterclaims alleging nearly $1 million in unpaid loans and breached contracts.
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October 22, 2025
StubHub Says Swift Fan Must Arbitrate Eras Tour Tickets Suit
StubHub Holdings Inc. urged a Washington federal judge on Wednesday to force arbitration in a customer's proposed class action, contending the plaintiff launched the lawsuit after the company began arbitrating her claims that it failed to deliver on $14,000 worth of tickets she purchased for Taylor Swift's Eras Tour.
Expert Analysis
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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FTC Focus: When Green Goals And Antitrust Law Collide
A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.
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How Bankruptcy Law Caps Landlords' Rejected Lease Claims
With corporate bankruptcy filings for the first half of the year at a 15-year high, landlords should be prepared for commercial tenants to use the bankruptcy process to reject unwanted leases in order to lessen corporate footprints and improve liquidity, say attorneys at Mintz.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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How To Address Tariff-Related Risks In Commercial Contracts
Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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A New IP Game Plan For College Football Players
For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.
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11th Circ. Ruling Shows Federal Question Jurisdiction Limits
The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
The Fallout Of Drake's Defamation Suit Against UMG
Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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SDNY Ruling Reinforces Joint Steering Committee Obligations
The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.