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Commercial Contracts
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June 17, 2025
Democrats Probe Palantir About IRS Taxpayer Database
Ten Democratic lawmakers demanded information Tuesday from the head of Palantir Technologies Inc. about media reports that the software company is working with the IRS to create a searchable database containing sensitive taxpayer information — claims the company denied almost immediately.
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June 17, 2025
Firms Fight To Rep End Users In PVC Pipe Antitrust Row
Several law firms are duking it out for a lead counsel appointment representing a new class of end-user plaintiffs in consolidated litigation accusing PVC pipe companies of using a commodity pricing service to exchange information and illegally fix prices, with Pearson Warshaw LLP, Kirby McInerney LLP, Fegan Scott LLC and Levin Sedran & Berman LLP making bids.
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June 17, 2025
Google Opposes Advertisers' Ad Tech Class Cert Bid
Google told a New York federal court that the advertiser seeking to represent a class of more than 2 million members in multidistrict litigation accusing the tech giant of monopolizing key digital ad technology spent less than $500 on Google Ads during the class period.
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June 17, 2025
Litigation Firm Kaplan Martin Hires Ex-Cadwalader Partner
Kaplan Martin LLP, a civil and commercial litigation firm launched last year by Roberta Kaplan, announced on Tuesday the hiring of a former partner at Cadwalader Wickersham & Taft LLP.
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June 17, 2025
School's Out: 8 Summer Reading Picks For IP Attorneys
For busy intellectual property attorneys, summer can present the perfect opportunity to catch up on some reading, whether it's a treatise on contracts in the entertainment sector or a vivid work of science fiction that has the potential to bring new perspective to one's personal and professional lives.
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June 17, 2025
BowFlex Recall Burdens Buyers Of 3.7M Dumbbells, Suit Says
A BowFlex buyer is suing the brand's new owner in California federal court, alleging that a recall of defective adjustable dumbbells wrongly leaves out the vast majority of the product's buyers, covering only about 100,000 of the 3.8 million products sold.
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June 17, 2025
Former Antitrust Enforcers Launching New Firm
Former enforcers from the Federal Trade Commission and the U.S. Department of Justice launched a new law firm on Tuesday, Simonsen Sussman LLP, to bring cases on behalf of entrepreneurs, small businesses, workers and other victims of anticompetitive practices.
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June 16, 2025
Life Spine Accuses Ex-CEO Of Stealing Money, Trade Secrets
Spinal device maker Life Spine slapped its founder with a civil suit in Illinois state court Friday accusing him of embezzling millions of dollars from the company through fraudulent credit card charges for motorsports, a lavish Mexico vacation for his family, customized golf clubs, jewelry and a Porsche for his wife.
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June 16, 2025
Colo. Quarry Co. Botched Blasting Job, NC Supplier Says
A blasting services and distribution company used unqualified personnel, made design errors and failed to supervise an explosives operation at a Colorado quarry, a construction company alleged in North Carolina federal court.
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June 16, 2025
Paddle.com To Pay FTC $5M Over Tech Support Scam Claims
Payment processing company Paddle.com Market Ltd. agreed on Monday to pay $5 million to settle a suit brought by the Federal Trade Commission accusing it of assisting and processing payments for tech support scams.
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June 16, 2025
Krispy Kreme Brass Face Investor Suit Over McDonald's Deal
Officers and directors of doughnut chain Krispy Kreme Inc. are facing shareholder derivative claims that they concealed that a partnership with burger chain McDonald's was yielding disappointing results, hurting investors when the company finally conceded that it was facing financial uncertainty in connection with the deal.
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June 16, 2025
Telecoms Shareholder Gets Sanctions Lifted In Control Fight
A New York federal judge has vacated his order sanctioning an investor in telecommunications infrastructure firm Continental Towers LATAM Holdings Ltd. for ignoring arbitral awards issued in a bitter, yearslong dispute over control of the company, saying the man wasn't properly served.
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June 16, 2025
Petroleum Co. Owes $21M In Withdrawal Liability, Fund Says
Petroleum company Sieveking Inc. was hit Monday with a $21 million withdrawal liability suit in Illinois federal court by a pension fund that says the company should be paying off its balance while it asks an arbitrator to weigh in.
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June 16, 2025
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery this past week sought answers in the high-stakes battle over the constitutionality of newly enacted Delaware corporation law amendments, which will hitch a ride to the state's Supreme Court via a suit contesting a $117 million acquisition of Clearway Energy Inc. by its majority shareholder.
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June 16, 2025
Garbage-Truck Maker, Ex-Exec Stole Trade Secrets, Jury Told
Counsel for a fleet management technology firm told an Illinois federal jury Monday afternoon that a garbage-truck manufacturer it worked with to develop a system for monitoring waste-hauling vehicles breached their contract when it poached one of its executives and used confidential information he brought with him to build a competing product.
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June 16, 2025
Texas Panel Says NY Law Applies In Tornado Coverage Row
An Illinois-based company must litigate its insurance coverage battle over merchandise damage from a Dallas tornado under New York law, a Texas appeals court affirmed, finding the company's "legal injury" took place in New York.
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June 16, 2025
Pitt Can't Sell VIP Seats While Ticket Holder Seeks Injunction
A Pennsylvania state court judge enacted an emergency injunction Monday for a longtime University of Pittsburgh basketball season ticket holder, preventing the school from placing his courtside seats back into the ticket pool.
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June 16, 2025
Fed. Circ. Reverses False Ad Verdict Against ThermoLife
The Federal Circuit on Monday reversed a Florida federal court's decision that ThermoLife falsely promoted amino acid products used in supplements and engaged in unfair competition, but backed a sanctions award over a licensing agreement issue.
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June 16, 2025
Live Nation Arbitration Firm Defends Its 'Flexible' Approach
Live Nation's chosen arbitration firm is urging the U.S. Supreme Court to take up the concert giant's bid to force concertgoers into arbitration, arguing its procedures are fair, and it was wrongly dinged for what the Ninth Circuit called "internally inconsistent, poorly drafted" arbitration rules.
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June 16, 2025
4th Circ. Says No Premium Refunds Under Fed. Mortgage Law
A Virginia homeowner cannot recover premiums he'd prepaid for private mortgage insurance under a federal law mandating such insurance for certain borrowers, the Fourth Circuit ruled Monday, finding the Homeowners Protection Act of 1998's premium refund provisions do not extend to voluntary insurance cancellation agreements.
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June 16, 2025
Norton Rose Fulbright Says It Was Duped By Legal Tech Co.
Norton Rose Fulbright US LLP has accused the company behind a cloud-based legal workflow product of duping it into using its services and keeping client files without permission once their contract expired.
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June 16, 2025
Biz Seller Seeks Atty Fees After Win In 'Frivolous' Fraud Case
The former owner of a North Carolina concrete company is seeking attorney fees after defeating a buyer's fraud suit in a rare midtrial victory, saying her opponent should have to cover her legal costs for bringing claims to trial that were both "frivolous" and "malicious."
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June 13, 2025
McDonald's Inks Confidential Deal In $10B Race Bias Suit
McDonald's has reached a confidential settlement with film and television executive Byron Allen's companies resolving a $10 billion suit claiming the fast food chain discriminates against Black-owned media companies in its advertising expenditures, according to an announcement made Friday.
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June 13, 2025
Google Defeats $1.3B Contract Case Over Advertising Tech
A California state jury has rejected a company's breach of contract case that accused Google of misappropriating information about its digital advertising technology to build similar products, ending the suit that had sought $1.3 billion in damages.
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June 13, 2025
$1.6M Verdict Should've Been Trimmed Sooner, NJ Panel Says
A New Jersey trial court should've reduced a $1.6 million jury verdict to $200,000 sooner in an automobile accident dispute after the plaintiff told both the trial judge and judge in the defendant's bankruptcy proceedings he would seek only $200,000, a state appeals court ruled Friday.
Expert Analysis
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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Reviving A Dormant Criminal Statute In Antitrust Prosecution
The U.S. Department of Justice is poised to revive a dormant misdemeanor statute to resolve bid-rigging charges against a foreign national, providing important context to a recent effort to entice foreign defendants to take responsibility for pending charges or face the risk of extradition, say attorneys at Axinn.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Decoding Arbitral Disputes: Precision In Jurisdiction Clauses
The High Court recently held that a contract requiring disputes to be heard by U.K. courts superseded arbitration agreements between long-time business affiliates, reinforcing the importance of drafting precise jurisdiction clauses that international commercial parties in multiagreement relationships will use to resolve prior disputes, says Josep Galvez at 4-5 Gray's Inn.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Strategizing For Renewable Energy Project Success In Texas
The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.