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Commercial Contracts
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September 29, 2025
In Chancery, Bankrupt First Brands Accused Of Deal Breach
Automotive manufacturer Grammer Inc. filed a suit in the Delaware Chancery Court accusing APC Parent LLC and guarantor First Brands Group, which filed for Chapter 11 protection on Sunday, of breaching multiple agreements and withholding more than $20 million in payments involved with a $40 million merger.
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September 29, 2025
6th Circ. Won't Revive Software Development IP Case
The Sixth Circuit has declined to revive copyright infringement and trade secrets claims brought by a business communications company over a software development tool, saying the company waited too long to look into its concerns that a rival was distributing a modified version of the software.
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September 29, 2025
Crypto Promoter Fined For Skipping Deposition In Fraud Case
A Michigan federal judge has ordered a cryptocurrency promoter to pay $1,000 for missing a deposition deadline in a case brought by investors who said the promoter duped them into buying digital assets.
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September 29, 2025
McCarter & English Slams Pre-Trial Win Bid In $22M Suit
McCarter & English LLP has asked a Connecticut state judge to block two insurers' summary judgment bids on breach of contract claims connected to a $22.3 million professional negligence lawsuit, saying both sides agreed to a 2026 bench trial and conducted discovery assuming neither side would seek a quick win.
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September 29, 2025
Sherwin-Williams Contests 'Exceptional Case' Fee Claim
Arguing over a single contentious issue does not support a report that labeled Sherwin-Williams' litigation strategy in a patent dispute as "exceptional," the company asserted in a recent objection to recommendations that it should pay fines and attorney fees in the case.
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September 29, 2025
Posner Says 'Abusive' Pro Se Filings Warrant Harsh Sanctions
Retired U.S. Circuit Judge Richard A. Posner has asked the Seventh Circuit to end a pro se plaintiff's attempt to revive a $170,000 wage suit, while also seeking stiff sanctions for what he called decades of "abusive litigation."
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September 29, 2025
Billionaire On The Hook For $9M In Failed Australia Claim
Australia on Saturday claimed victory in a $198 billion investor-state claim over a nixed iron ore project asserted by Australian mining magnate and billionaire Clive Palmer, who immediately vowed to challenge the award in Switzerland.
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September 29, 2025
Legal Funder Settles Licensing Row With Conn. Banking Chief
A Connecticut-based litigation funding company will pay up to $50,000 in restitution to its customers and cease all unlicensed small loan activity after entering a consent order with the state's Department of Banking.
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September 29, 2025
Va. Immigration Firm Accuses Ex-CFO Of Diverting Funds
A Virginia-based immigration law firm accused its former chief financial officer Monday of exploiting her access to firm finances by rerouting funds to businesses she controls and charging the firm for Uber rides, Amazon Prime and hotels.
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September 29, 2025
Yale Unit Will Pay $45M To End Failed Hospitals Sale Dispute
Yale New Haven Health Services Corp. has agreed to pay $45 million to hospital operator Prospect Medical Holdings Inc. to conclude their legal dispute over a failed $435 million sale of three Connecticut hospitals, according to a motion filed in Texas bankruptcy court.
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September 26, 2025
NY Judge Grills CA Atty Over Botched Pro Hac Vice Filings
The Manhattan federal judge overseeing a major racial discrimination lawsuit against the NFL on Friday took a California attorney to task over a bungled pro hac vice filing and his failure to appear at a prior hearing, but stopped short of taking disciplinary action, for now.
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September 26, 2025
Wu-Tang Album May Be Trade Secret In Shkreli Suit, Judge Says
A New York federal judge has found that a one-of-a-kind Wu-Tang Clan album could be considered a trade secret in a novel decision that made significant trims to a cryptocurrency project's lawsuit against the album's former owner Martin Shkreli, but the judge kept in play claims that he misappropriated the project's trade secrets.
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September 26, 2025
Swizz Beatz Can't Avoid $7.3M 1MDB Fraud Case
A New York federal judge on Friday denied hip-hop artist Swizz Beatz's bid to dismiss a lawsuit that alleges he received millions of dollars in the infamous 1Malaysia Development Berhad fraud scandal, saying liquidators for two alleged shell companies sufficiently alleged fraudulent transfers of funds among other claims.
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September 26, 2025
Banks Evade Most Liability Claims In Copyright Suit
A pair of banks had the majority of the liability claims against them tossed by a Colorado federal judge Friday in an architectural group's copyright lawsuit against a real estate developer, whose project they financed.
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September 26, 2025
Del. Suit Alleges Fast-Break Betrayal In NBA Team Bid Plan
RAJ Sports Holdings LLC is accusing co-CEOs of Panda Express and their family trust of breaching an exclusivity and confidentiality agreement by exiting a nearly completed deal to buy the NBA's Portland Trail Blazers and joining forces with another multibillion-dollar bidder.
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September 26, 2025
Boeing Pushes 9th Circ. To Rethink $72M Trade Secret Verdict
Boeing has urged the Ninth Circuit to reconsider an August decision reinstating a $72 million jury verdict against the aircraft giant in an electric jet startup's trade secret case, saying the appellate panel decision creates "confusion, conflict, and injustice."
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September 26, 2025
Conn. Psych Facility Faces Class Claims Over Data Breach
A residential psychiatric treatment facility in Connecticut fell victim to a cyberattack that exposed the personal information of more than 5,000 current and former patients and employees, according to a putative class action that alleges The Children's Center of Hamden Inc. was negligent with its data security.
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September 26, 2025
Cellectis, AstraZeneca Face IP Suit From Cell Engineering Co.
A cell engineering company sued pharmaceutical giant Cellectis Inc. on Friday, claiming it had used patented gene-editing protein research technology and purported to license it for use to AstraZeneca.
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September 26, 2025
Chemical Plant Spat Must Unfold In NY, NC Court Is Told
A Swiss chemical technology company urged a North Carolina state judge Friday to toss a suit alleging that it bungled work on a $200 million plant, arguing during a hearing that it is not a construction company as defined in a state law undergirding where the claims can be litigated.
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September 26, 2025
9th Circ. Halts Vegas Newspaper Ruling For High Court Appeal
The Ninth Circuit has stayed its ruling that a long-standing arrangement between the Las Vegas Sun and the Las Vegas Review-Journal is unlawful while the Sun appeals to the U.S. Supreme Court to preserve the pact.
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September 26, 2025
Metal Singer Wants Ex-Bassist's 'Break-Up Case' Trimmed
The vocalist for the Grammy-nominated metal band Hatebreed and the group's business arm have asked a Connecticut state court to strike several claims that the band's founding bassist filed after his sudden termination, including breach of contract and negligent infliction of emotional distress, arguing that they are not adequately supported by facts.
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September 26, 2025
Insurers' $9M Deal With Pump Co.'s Trustee Gets Judge's OK
Chubb's Century Indemnity Co. and ACE American unit Pacific Employers Insurance Co. have received a Connecticut federal judge's approval to pay $9 million to a pump manufacturer's Chapter 7 estate, allowing the insurers to settle claims that The Nash Engineering Co. fraudulently transferred policies meant to cover asbestos claims.
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September 26, 2025
Advertisers, Publishers Can Expand Google Ad MDL Markets
A New York federal judge on Thursday allowed publishers and advertisers in multidistrict litigation over Google's advertising placement technology to expand their claims to cover a worldwide scope, like the U.S. Department of Justice's successful similar case, finding it would not prejudice the tech giant.
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September 26, 2025
Justices Urged To Review Suit Over Mich. City Tenant Info Law
Real estate companies have pressed the U.S. Supreme Court to review a Sixth Circuit decision upholding the dismissal of a constitutional contract claim in their suit against a Michigan city over a law requiring commercial landlords to provide prospective tenant information in order to obtain a license to rent to them.
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September 26, 2025
Operator Of NBA's Suns Says Doc Suit Is For Buyout Leverage
Phoenix Suns franchise operator Suns Legacy Holdings LLC has pushed back in Delaware Chancery Court against two minority owners seeking access to company records, responding that the demands are aimed at pressuring a higher-priced buyout from the NBA team's majority owner, Mat Ishbia.
Expert Analysis
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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DeepSeek AI Investigation Could Lead To IP Law Precedents
The investigation by OpenAI and Microsoft into DeepSeek's artificial intelligence model raises interesting legal concerns involving intellectual property and contract law, including potential trade secret appropriation and fair use questions, say Saishruti Mutneja and Raghav Gurbaxani.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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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.