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Commercial Contracts
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September 15, 2025
Brands Say X Corp. Can't Prove Ad Suit Belongs In Texas
Several big-name brands, including Nestlé and Lego, asked a Texas federal judge to deny X Corp.'s bid to conduct jurisdictional discovery in its sprawling antitrust suit accusing advertisers of boycotting X, saying the company was merely trying to conduct a "fishing expedition."
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September 15, 2025
Fired DOJ Deputy Says Lobbyists 'Playing Dangerous Game'
A former top Justice Department Antitrust Division deputy, allegedly fired for opposing the "pay-to-play" settlement clearing Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks, had a warning Monday for the lobbyists he said made the deal possible: there are only so many times they can go over division leadership.
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September 15, 2025
NBA's Trail Blazers Sold To Owner Of NHL's Hurricanes
The estate of Paul Allen has reached an agreement to sell the NBA Portland Trail Blazers to a group led by Tom Dundon, the chair of Dundon Capital Partners, who has had notable success in sports ownership in the National Hockey League and in professional pickleball but also is in the midst of a legal fight over the collapse of a spring football league.
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September 15, 2025
2nd Circ. Backs Jimmy Kimmel In George Santos IP Fight
The Second Circuit on Monday declined to revive George Santos' claims against Jimmy Kimmel, ABC and Disney over video clips the late night host tricked the now-imprisoned former congressman into making, agreeing the fair use doctrine bars the copyright suit.
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September 15, 2025
Robinhood Seeks Legal Shield After Mass. AG Sues KalshiEX
Days after Massachusetts' attorney general sued so-called prediction market operator KalshiEX, accusing it of running an unlicensed sports betting platform, Robinhood, which provides access to the Kalshi system on its own platform, urged a federal judge Monday to grant it protection from similar claims.
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September 15, 2025
Jordan's Racing Team Looks To Nix NASCAR's Counterclaims
Two teams that have accused NASCAR of monopolizing premier stock car racing are trying to stop the league's counterclaims from making it to trial in December, arguing that its assertions that the teams conspired against NASCAR are unsupported by the evidence after discovery.
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September 15, 2025
Catching Up With Delaware's Chancery Court
Delaware's governor weighed in on a challenge to recently approved state legislation that bars damages or "equitable" relief for some controlling stockholder or going-private deals. Meanwhile, Moelis told the Delaware Supreme Court that the struck-down stockholder agreement that triggered that legislation was valid. Additionally, one of two newly funded magistrates' posts in the Chancery Court has been filled.
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September 15, 2025
US, China Agree On TikTok Ownership Transfer, Bessent Says
The U.S. and China established a commercial framework for a deal with video sharing giant TikTok to transfer ownership of the app to the U.S., just days before a deadline to sell the app or shut it down, U.S. Treasury Secretary Scott Bessent told reporters at a press conference in Madrid on Monday.
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September 15, 2025
Stradley Ronon Wants Keesal Young's Poaching Suit Tossed
Stradley Ronon Stevens & Young LLP has moved to nix a suit by California firm Keesal Young & Logan, saying its recruitment of 10 former Keesal Young attorneys was entirely above board and that the noncompete clauses in Keesal Young's partnership agreement were not allowed under California law.
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September 15, 2025
Insurance Agency Says It's Not Liable For Lack Of Coverage
An insurance agency told a Pennsylvania state court that it can't be held liable for a furniture company's roughly $534,000 cyber loss, arguing that under state law, there is "no common law duty to advise, inform, or recommend optional coverage to the insured."
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September 15, 2025
Ex-NFL Player Nabs Default Against Firms Tied To Adviser
Retired NFL defensive lineman Mike Rucker and his wife won default judgment against several companies tied to their former financial adviser who is accused of mismanaging their money, after a state Business Court judge said the entities failed to respond to the Ruckers' suit alleging they enabled the adviser's fraud.
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September 15, 2025
Telecom Co. Can't Avoid Liberty's Marshall Fire Coverage Suit
A Liberty Mutual unit may proceed with its suit seeking to avoid coverage for a Lumen Technologies subsidiary in underlying actions over the 2021 Marshall Fire, a Colorado federal court ruled, finding that the insurer alleged an injury sufficient to establish Article III standing.
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September 12, 2025
F1 Team Fights Ex-Sponsor's Third $34M Fraud Suit In Fla.
A British Formula One racing team is fighting back against a former supporter's third complaint alleging fraudulent inducement into sponsorship agreements, telling a Florida federal court the lawsuit is trying to evade a $34 million arbitration award.
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September 12, 2025
Cannabis Brokers Sue Over $250K In Unpaid Commissions
Two brokerage companies claim they were never paid his commission for helping guide two deals worth roughly $1.7 million involving the purchase of Los Angeles cannabis permits, according to a California state lawsuit seeking compensation from the cannabis entrepreneurs and their companies.
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September 12, 2025
DOJ Says It Rejected Info-Sharing In Wayne-Sanderson Talks
The U.S. Department of Justice sought to show a Maryland federal judge a key document from its settlement talks with Wayne-Sanderson Farms, arguing it underscores that the poultry producer wanted to keep sharing wage information, only for the company to be told no.
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September 12, 2025
9th Circ. Orders Feds To Restore Refugee Agency Agreements
The Ninth Circuit ordered the federal government to reinstate cooperative agreements with refugee resettlement agencies on Friday, saying President Donald Trump likely acted lawfully when suspending U.S. refugee admissions in January, but his administration must still provide legally mandated services to those who have already arrived.
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September 12, 2025
Taylor Swift Will Only Sit For 'It Ends With Us' Depo If 'Forced'
Taylor Swift's counsel at Venable LLP told a Manhattan federal judge Friday that the pop superstar has not agreed to be deposed in actress Blake Lively's defamation case against her "It Ends With Us" co-star Justin Baldoni, but could do so the week of Oct. 20 "if she is forced."
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September 12, 2025
9th Circ. Won't Rethink Rejection Of Vegas Newspaper Pact
The Ninth Circuit refused to reconsider a panel's decision finding that a long-standing arrangement between the Las Vegas Sun and the Las Vegas Review-Journal is unlawful because the rival newspapers needed approval from the U.S. attorney general.
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September 12, 2025
Del. Judge Says Pet Med Co. Founder Liable For $40.2M
A Delaware Superior Court judge has ruled the founder of a veterinary orthopedic implant venture must indemnify the company's recent buyer for $40.2 million from a $70 million patent infringement-related settlement, while capping the cumulative liability award after other costs at $55 million and awaiting proposals covering interest awards.
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September 12, 2025
Woman Gets Another Shot At LA Fitness Treadmill Suit
A California appeals court has revived a woman's suit alleging that she was injured by a faulty treadmill at an LA Fitness gym, saying there is a triable issue of fact regarding whether she electronically signed an injury waiver.
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September 12, 2025
Off The Bench: NCAA Athlete Ban, WNBA Sun Controversy
In this week's Off The Bench, the NCAA administered permanent bans to three basketball players, and two high-profile politicians warned the WNBA that it could be at risk of violating antitrust laws if it interferes in the sale of the Connecticut Sun.
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September 12, 2025
Texas Jury Finds AT&T Didn't Infringe Telecom Patent
A Texas federal jury has found that Irish company Daingean Technologies Ltd. hadn't proven that AT&T infringed a telecommunications patent when it launched its 5G phone service networks.
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September 12, 2025
Insurer Doubles Down On Bid To Undo $1.1M Roof Verdict
A North Carolina federal court adopted the wrong causation standard in its instructions to a jury that awarded a church $1.1 million over its roof damage claim under what is known as an all-risk property policy, the church's insurer told the Fourth Circuit, urging the appeals court to set aside the verdict.
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September 12, 2025
Hagens Berman Doubles Down On AI-Tainted Brief Correction
Hagens Berman Sobol Shapiro LLP said that the firm has an ethical duty to correct briefs tainted by artificial intelligence errors and that the corrected versions shouldn't be stricken from a proposed class action against online platform OnlyFans' parent company.
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September 12, 2025
Taxation With Representation: Felesky Flynn, Gibson, Kirkland
In this week's Taxation With Representation, copper mining companies Anglo American and Teck Resources plan to merge, EchoStar agrees to sell spectrum licenses to SpaceX, and Diversified Energy acquires fellow energy operator Canvas.
Expert Analysis
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Business Court Bill Furthers Texas' Pro-Corporate Strategy
The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.
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Lively-Baldoni Saga Highlights Insurance Coverage Gaps
The ongoing legal dispute involving "It Ends With Us" co-stars Justin Baldoni and Blake Lively raises coverage questions across various insurance lines, showing that effective coordination between policies and a clear understanding of potential gaps are essential to minimizing unexpected exposures, says Katie Pope at Liberty Co.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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State Law Challenges In Enforcing Arbitration Clauses
In recent cases, state courts in Pennsylvania, Massachusetts and New Jersey have considered or endorsed heightened standards for arbitration agreements, which can mean the difference between a bilateral arbitration and a full-blown class action in court, says Fabien Thayamballi at Shapiro Arato.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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Texas' Cactus Ruling Clarifies 'Produced Water' Rules
The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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A Look At Trump Admin's Shifting Strategies To Curtail CFPB
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Google Damages Ruling Offers Lessons For Testifying Experts
The Federal Circuit's recent decision in EcoFactor v. Google represents a shift in how courts evaluate expert testimony in patent cases, offering a practical guide for how litigators and testifying experts can refine their work, says Adam Rhoten at Secretariat.