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Commercial Contracts
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									October 22, 2025
									Phillips 66 Can't Undo $805M Trade Secrets Trial LossPhillips 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 ArbitrationA 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 LicenseCannabis 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 SuitStubHub 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. 
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									October 22, 2025
									Strava Drops Patent Suit Against Garmin Weeks After FilingFitness app company Strava has agreed to drop a lawsuit filed last month accusing wearable device maker Garmin of infringing a trio of GPS patents for defining segments of road and mapping routes. 
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									October 22, 2025
									Airline Groups Ask 5th Circ. To Ground In-Flight Death SuitAirline industry trade groups told the Fifth Circuit that airlines should have the flexibility to assess and respond to passengers' in-flight medical emergencies, not be subjected to a rigid, one-size-fits all rule when there are myriad complicating factors that might influence their response. 
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									October 22, 2025
									UBS Urges Justices Not To Revive Retaliation Case AgainUBS Securities is urging the U.S. Supreme Court not to revive, for a second time, a fired worker's whistleblower retaliation lawsuit, arguing that lower courts should be allowed to consider questions about jury instructions regarding the meaning of "contributing factor" in the Sarbanes-Oxley Act before the high court weighs in. 
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									October 22, 2025
									Texas Appeals Court Wipes $64M Judgment For Dallas LenderA Texas appellate court wiped away a $64 million award to the subsidiary of a Dallas investment company following alleged fraud by Credit Suisse surrounding lending for a luxury Nevada community, saying the lower court improperly found that the subsidiary could collect damages above zero dollars. 
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									October 22, 2025
									6th Circ. Backs Lordstown Execs In Failed Foxconn Deal SuitThe Sixth Circuit has upheld the dismissal of a suit claiming former executives of Lordstown Motors Corp. misled investors about the state of a partnership with Foxconn Technology Group, finding leaders' optimism about the ultimately failed deal wasn't intentionally false. 
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									October 22, 2025
									Sinkhole Coverage Dispute Up To Jury To Decide, Judge SaysA construction company and its insurer must go to trial over whether the company's invitation to a mediation constituted a defense tender for a now-settled counterclaim relating to a sinkhole discovered in December 2022 at a Seattle ship canal project, a Washington federal court ruled. 
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									October 22, 2025
									NC Biz Court Bulletin: COVID Coverage, A Suspect SignatureThe North Carolina Business Court has rounded the corner into fall with insurance disputes over COVID-19 coverage at a chain of outlet malls and the theft of over $900,000 in legal THC reportedly stolen from a warehouse in the Southwest. 
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									October 22, 2025
									Mass. Cannabis Lab's Suit Against Rivals TrimmedA Massachusetts state judge will allow a cannabis testing lab to pursue unfair competition claims against more than half a dozen competitors it accuses of fudging potency and purity test results to lure growers to their businesses, but not claims of unjust enrichment or tortious interference. 
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									October 21, 2025
									Anesthesia Giant Cuts Deals To End Hospital Antitrust CasesNorth America's largest anesthesia provider has reached settlements ending antitrust claims from hospitals in New York and Florida as well as counterclaims accusing the hospitals of illegally recruiting away clinicians, according to court filings. 
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									October 21, 2025
									Uber MDL Judge Sets Litigation Funding Disclosure DeadlineA California federal judge ruled Tuesday in multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers that plaintiffs' counsel must disclose any ties to third-party litigation funding companies by next week, but stopped short of ordering all plaintiffs' counsel to affirmatively deny any connection. 
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									October 21, 2025
									Judge Sends Solar Co.'s Panama Grid Access Row To TrialAn Illinois federal judge on Tuesday said Spanish energy company Avanzalia Solar can pursue a claim that rival Goldwind Americas blocked and delayed access to the Panamanian power grid. 
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									October 21, 2025
									Tribe's Home Defects Suit Belongs In Arbitration, Judge ToldLennar Corp. on Tuesday told a Florida state judge that the Seminole Tribe's lawsuit alleging construction defects in more than 550 homes built for its members must be arbitrated, arguing that purchase agreements contain provisions that require the warranty claims to be resolved out of court. 
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									October 21, 2025
									Hemp Co. Alleges Fraud Over $574K Late Kratom DeliveryA Colorado hemp company has sued two other businesses and their owners in state court, accusing them of violating a purchase agreement when they delivered nearly 100 kilograms of mitragynine extract, commonly known as kratom, several months after it had canceled the agreement. 
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									October 21, 2025
									NASCAR Drivers Demand Say In Antitrust Settlement TalksA group of NASCAR drivers is seeking to weigh in on the highly publicized antitrust suit against the private stock car racing organization as the parties mull the possibility of a settlement, citing concerns Tuesday that their interests risk being overlooked. 
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									October 21, 2025
									Deutsche Bank Wants Conn. Court To Stay Out Of Vik FightA Connecticut state court should not entertain billionaire Alexander Vik's request to shut down a lawsuit that Deutsche Bank AG is pursuing against him and his daughter in Norway, the bank said in a trio of motions that caution against interfering in a foreign proceeding. 
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									October 21, 2025
									NC Court Asked To Ignore Fla. Case In Lindberg Receiver RowAn insurer seeking to collect on a $524 million arbitration award against convicted insurance mogul Greg Lindberg urged a North Carolina state appeals court not to take judicial notice of his lawsuit in Florida federal court challenging the award, noting the Fourth Circuit already upheld it. 
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									October 21, 2025
									5th Circ. Revives Oil Co.'s Faulty Cement Coverage SuitThe Fifth Circuit revived an oil and gas producer's suit seeking coverage for a settlement it reached with a bankrupt oilfield services firm over faulty cement, saying a Texas federal court incorrectly tossed the company's duty to defend and indemnify claims against certain underwriters at Lloyd's of London. 
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									October 21, 2025
									Amazon Return Policy Suit On Hold Amid Tentative Class DealA Washington federal judge Tuesday paused a proposed class action accusing Amazon of shortchanging customers on refunds for returned items, after the parties told the court they struck a classwide deal to end the case and intend to seek formal approval of the settlement in the next two months. 
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									October 21, 2025
									9th Circ. Doubts Finance Guru's Stance In Timeshare Exit SuitA Ninth Circuit panel signaled on Tuesday that it's unlikely to force arbitration in a proposed class action accusing celebrity financial planner Dave Ramsey of roping his radio show's listeners into a timeshare exit scheme, with two judges emphasizing that Ramsey's argument hinges on a contract that he never signed. 
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									October 21, 2025
									Baker McKenzie Can't Get Illinois Malpractice Suit TossedAn Illinois state judge has refused to dismiss a private equity firm's malpractice suit accusing Baker McKenzie of botching a client's bid to reacquire a Russian coal mine, saying the plaintiffs have sufficiently pled claims sustainable under both Illinois and Russian law at this stage of the case. 
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									October 21, 2025
									CORRECTED: Widower Wants Restaurant Sanctioned In Disney Allergy Death SuitA widower suing Disney over his wife's food allergy death at a Walt Disney World restaurant asked a Florida court on Monday to sanction the restaurant, claiming it ambushed him with brand new evidence in the middle of depositions, after months of discovery had already been conducted. 
Expert Analysis
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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 AssociatesExcerpt 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.jpg)  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. 
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								What 2 Profs Noticed As Transactional Law Students Used AI  After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School. 
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								Rebuttal BigLaw Settlements Should Not Spur Ethics Deregulation  A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project. 
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								Unpacking Ore. Law's Limits On PE Healthcare Investment  A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.