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Commercial Contracts
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July 17, 2025
JPMorgan Chase Can't Force Arbitration In Client Racism Suit
A Washington federal judge has rejected a bid by JPMorgan Chase Bank NA to send a customer's racial discrimination suit to arbitration, concluding the bank did not show the arbitration clause in its deposit account agreement is valid and enforceable against the plaintiff family.
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July 17, 2025
Mass. Cities Seek Order Forcing Trash Hauler To Honor Pacts
Nearly three weeks after Republic Services workers went on strike, six Massachusetts communities went to court Thursday seeking an order compelling the trash hauler to immediately address what they say is a public health nuisance.
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July 17, 2025
Houston Texans Say No Thought Behind Ticket Holders' Suit
A group of longtime Houston Texans season ticket holders told a judge Thursday that they were "blackballed" with increased prices after 20 years of loyalty, while the team countered that their antitrust claims "do not have a lot of thought."
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July 17, 2025
US Bank, NetSpeed Must Help In Conn. Atty's ID Theft Probe
A Connecticut state court judge has directed U.S. Bancorp and internet service provider NetSpeed to provide documentation to an attorney who is alleging his identity was stolen and used to open fraudulent bank accounts.
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July 17, 2025
5th Circ. Affirms Nix Of Doctor's Captive Insurance Deductions
The owner of a Texas urgent care network is not entitled to $1 million in tax deductions for insurance premiums he paid to inside companies, the Fifth Circuit ruled, affirming the U.S. Tax Court's decision that the payments were not actually for insurance.
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July 16, 2025
Jane's Addiction Members Clash In Court Over Onstage Fight
Three members of Jane's Addiction on Wednesday sued vocalist Perry Farrell over an onstage altercation they say has destroyed the rock band's reputation and trademark, while in his own suit Farrell claims it is his bandmates who have jettisoned the group's success in favor of bullying him during performances.
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July 16, 2025
8th Circ. Sends Part Of OptumRx Pricing Fight To Arbitration
The Eighth Circuit partially reversed a ruling Wednesday that denied pharmacy benefits manager OptumRx's bid to send a drugstore's proposed class action over generics prescription reimbursements to arbitration, finding that OptumRx waived arbitration as to three claims, but an arbitrator must decide the fate of two recently pleaded claims.
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July 16, 2025
PR Consultant Wins Exit From Lively's 'It Ends With Us' Suit
A New York federal judge Wednesday dismissed a public relations consultant and his company from actress Blake Lively's lawsuit that accuses her "It Ends With Us" co-star and director, Justin Baldoni, of sexual harassment on set and trying to orchestrate a public relations campaign to "destroy" her reputation.
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July 16, 2025
Amazon Beats Class Suit Over Prime Video Ads For Good
A Washington federal judge has permanently ended a proposed class action against Amazon.com Inc. over the introduction of commercials on the company's Prime Video streaming service, reiterating on Wednesday her prior ruling that the company's subscriber terms permitted the change.
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July 16, 2025
Ex-Tech Exec Says Ga. Law Can't Hold Her To Trade Secrets
An ex-vice president of Georgia-based software firm Trinoor LLC said Tuesday that a trade secrets suit from her former company should be thrown out over contradictory language about which state's law ought to govern the spat.
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July 16, 2025
Senior Placement Co. Wants Out Of False Ad Suit
A company that places senior citizens in retirement homes has asked a Georgia federal judge to toss a proposed class action alleging it falsely advertised free services and steered business away from communities that declined to participate in its "pay-to-play" business model, arguing the claims were just "speculation and conjecture."
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July 16, 2025
Court Ditches Deutsche Bank Suit Over Lehman Claim Deal
A New York federal court has dismissed a Deutsche Bank suit claiming a Boston portfolio management firm is demanding unreasonable terms to close the acquisition of $906 million worth of claims in Lehman Brothers' long-running bankruptcy, finding the court lacked subject matter jurisdiction over the suit.
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July 16, 2025
Materials Co. Must Reimburse Chubb For $2.5M Settlement
A building materials supplier must reimburse two Chubb units for their $2.5 million payment to settle a lawsuit against the supplier over a railcar collision, a North Carolina federal court ruled, further rejecting the supplier's claims that they acted in bad faith and violated the state's deceptive trade practices law.
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July 16, 2025
Pac-12, Mountain West At Impasse On Poaching Fees Dispute
The Pac-12 and Mountain West conferences, fighting in California federal court since last September over millions in fees the Mountain West charged the Pac-12 for luring its members away to rebuild the league, will go back to court after mediation attempts failed.
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July 16, 2025
Chemical Co. Claims Partner Duped It With Arbitration Clause
Petrochemical company Indorama Ventures LLC has accused its Houston-area partner of slipping an arbitration clause into a chemical contract without its consent.
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July 16, 2025
Funkadelic Leader Seeks Sanctions In 'Baseless' Royalty Row
Parliament-Funkadelic bandleader George Clinton again asked a Michigan federal court to sanction the estate of the band's former keyboardist in their royalty row on Tuesday, telling the court the estate is pursuing "frivolous" claims to financially harm the still-touring musician.
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July 16, 2025
2nd Circ. Revives TM Suit Over Chinese Speaker Shipment
The Second Circuit has reinstated a trademark case from speaker manufacturer Altec Lansing over another company's purchase of speakers with Altec's branding from a Chinese company, saying Altec had created a genuine dispute over the nature of the sale.
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July 15, 2025
Ga. Judge Sends Online Casino Suit To Arbitration
A Georgia federal judge has dismissed a lawsuit over money lost on casino-style gambling websites like Luckyland Slots and Global Poker, saying the case can't move forward in the Peach State and must go to arbitration instead.
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July 15, 2025
Former IP Partners' Names Worth $52K, Expert Testifies
The names of two deceased law partners are worth between $28,000 and $52,000 per year to a Connecticut intellectual property boutique, an expert testified Tuesday during a federal court hearing in a valuation dispute between two of the late lawyers' colleagues.
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July 15, 2025
NC Docs Say Practice Duped Them Into Providing Free Labor
A trio of reproductive and women's health care physicians were enticed to sell their practice by promises of a brighter financial future, only to be forced into providing more than a year of free labor, the doctors say in a complaint designated to the North Carolina Business Court.
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July 15, 2025
FDIC Says Farella Braun Can't Get Fees In First Republic Suit
The Federal Deposit Insurance Corp. has asked a California federal court to toss a more than $50,000 legal fee claim tied to First Republic Bank's collapse, arguing that Farella Braun, the law firm behind the claim, failed to submit a valid written agreement or itemized invoices and its claim is legally insufficient.
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July 15, 2025
4th Circ. Won't Rethink Affirmance Of $8M KBR Award
The Fourth Circuit will not be rethinking its decision rebuff a Kuwaiti construction company's attempt to nix an $8 million arbitral award favoring Kellogg Brown & Root International, the appeals court has ruled.
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July 15, 2025
Modoc Nation Suit Against Computer Co. On Hold For Appeal
An Oklahoma federal judge has paused the Modoc Nation's $14.6 million lawsuit against a computer management company while a former attorney general for the tribe appeals his entitlement to sovereign immunity, ruling that the case will be stayed until the interlocutory appeal is resolved.
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July 15, 2025
Deep Sea Mining Co. Gets Suit Over 'Green' Investments Axed
A New York federal judge has dismissed in its entirety a suit accusing The Metals Co. Inc. of misleading investors about the magnitude of its "green" investments and its private equity backing before going public, finding that the suit's challenged statements were not false when made.
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July 15, 2025
Internet Provider Can't Duck Conn. Atty's ID Theft Probe
Connecticut Trial Firm LLC co-founder Andrew Garza may pursue a bill of discovery against internet service provider NetSpeed LLC as he tries to unmask the person he says stole his identity to open a bank account, a Connecticut state judge has ruled.
Expert Analysis
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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5 Key Licensing Considerations For AI Innovations
As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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How The CRE Industry Is Adapting To Tariff Uncertainty
Amid uncertainty about pending tariffs and their potential ripple effects, including higher material costs, supply chain delays and tighter margins, commercial real estate industry players are focusing on strategic planning and risk mitigation, says Daniel Diaz Leyva at Day Pitney.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Perfecting Security Interests In Renewable Energy Tax Credits
The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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The Central Issues Facing Fed. Circ. In Patent Damages Case
The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.