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Commercial Contracts
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October 16, 2025
Saul Ewing Asks For End To Ex-Conrail CEO's Legal Mal Suit
Following a federal court decision upholding an $11 million arbitration award against former Conrail CEO David LeVan that stemmed from a failed Gettysburg casino project, Saul Ewing has urged a Philadelphia judge to find that LeVan is time-barred from bringing his malpractice case against the firm, in which he accused it of poorly advising him during the fallout of the collapsed deal.
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October 15, 2025
Valve Seeks To Toss 'Overlapping' $21M Arbitration Fee Suit
Valve Corp. is asking a Seattle federal judge to throw out a proposed class action seeking nearly $21 million in arbitration fees from the software company, claiming the suit is part of a scheme by law firm Mason LLP in which attorneys are seeking identical relief through redundant court challenges.
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October 15, 2025
Texas Panel Asks Why $12M Verdict Higher Than Project Cost
A Texas appeals panel pushed a developer to justify a roughly $12 million verdict against a construction company given the developer paid around that amount to build the apartment at the center of the suit, asking Wednesday why the developer was entitled to that sum.
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October 15, 2025
Intel, Deutsche Telekom Win Renewal Bid For $139M Award
A Michigan federal judge on Wednesday granted Intel Capital Corp. and Deutsche Telekom AG's bid to renew a decade-old judgment that enforces a roughly $139 million award against one of the founders of a Chinese wireless broadband company.
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October 15, 2025
JPMorgan Dinged By Judge For Raising Arbitration Issue Late
A Washington federal judge hinted on Wednesday that she's likely to stand by her past decision spurning JPMorgan Chase's attempt to force arbitration of a customer's racial discrimination claims, suggesting the bank lost its chance to make the points it's now relying on to persuade the court to reconsider.
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October 15, 2025
Smart Thermostat Makers Keep PTAB, ITC Wins At Fed. Circ.
Causam Enterprises owns the electrical utilities control patent it has accused ecobee and others of infringing with smart thermostats, but the patent is not valid, the Federal Circuit concluded Wednesday in a pair of precedential opinions.
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October 15, 2025
Texas Appeals Court Pushes Cigna On Payments To Hospitals
A Texas appeals court seemed skeptical of Cigna Healthcare of Texas Inc.'s claim that once a patient gets hospitalized, any subsequent treatment should be classified as emergency care, asking Wednesday why Cigna should get to escape a lawsuit claiming it underpaid multiple hospitals.
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October 15, 2025
Fed. Circ. Says Anti-SLAPP Motion Wrongly Denied In IP Case
The Federal Circuit on Wednesday said a California district court wrongly denied several semiconductor manufacturers' anti-SLAPP motion in a case where they are accused of stealing trade secrets, saying in a precedential opinion that filing a patent application is protected activity under the state's law.
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October 15, 2025
11th Circ. Sides With Insurer In Fla. Gas Station Pollution Fight
An insurer for an owner and operator of Florida gas stations owes no coverage for pollution costs stemming from an underground fuel tank leak, the Eleventh Circuit ruled Wednesday, finding the owner failed to properly notify its insurer of a "pollution condition" that could result in an insurance claim.
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October 15, 2025
Sysnet Says Ex-Worker Breached Noncompete With New Job
Cybersecurity company Sysnet North America Inc. has filed suit against one of its former business relationship managers in federal court for allegedly violating the restrictive covenants in his employment contract by taking a job with a "direct competitor."
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October 15, 2025
Lender Sues For Access To High-Tech Kiosks After Default
A company that makes high-tech vending machines that dispense beauty and personal hygiene products has defaulted on a loan and is refusing to turn over credentials to keep the kiosks in operation, according to a suit filed in Massachusetts state court.
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October 15, 2025
Phone-Maker Oppo Wants Out Of Apple Trade Secret Case
Chinese phone-maker Oppo has asked a California federal judge to release it from a case brought by Apple Inc. alleging that a former employee stole trade secrets when he moved to Oppo, saying the suit had no allegation that Oppo received any trade secrets.
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October 15, 2025
NY Court Tosses Most Of Ex-Lil Wayne Atty's Contract Claims
A New York state judge has dismissed most counterclaims a former attorney for Lil Wayne pursued in a fee dispute with his ex-client, but the lawyer may still attempt to collect some funds he claims to be owed by the rap star.
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October 15, 2025
Sabre Says British Airways Must Reimburse For UK Digital Tax
Flight booking giant Sabre sued British Airways over a digital tax bill it says it was required to pay the U.K. on the airline's behalf, claiming the airline was contractually obligated to reimburse Sabre for the expense but has refused.
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October 15, 2025
TTAB Denies 'Gasparilla' TM Despite Deal With Other IP Holder
The Trademark Trial and Appeal Board has rejected a bid to register "Gasparilla" for mugs and clothing, because of potential confusion with "Gasparilla Treasures," concluding in a precedential opinion that a consent agreement offered by the parties was not enough to overcome a likelihood of consumer confusion.
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October 14, 2025
Sirius XM Can't Yet Ditch Proposed Class Action Over Pricing
An Oregon federal judge on Tuesday refused to toss a proposed class action claiming Sirius XM concealed a royalty charge from subscribers, ruling that the subscribers have adequately alleged they did not know about the fee or the true cost of their subscription when they signed up.
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October 14, 2025
Exec Tells Fla. Jury He Wanted To Protect Nicklaus Brand
An executive for the company bearing Jack Nicklaus' name denied making alleged defamatory statements in emails to clients regarding the golf legend's interest in a competing Saudi Arabian league, telling a Florida state court jury on Tuesday that he received contradicting information and wanted to protect the business' brand name.
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October 14, 2025
Construction Co. Says Insurer Owes $12M On Military Project
A construction company sued its subcontractor and an insurance company in North Carolina state court, seeking more than $12 million in damages after the subcontractor allegedly failed to follow through on mechanical and plumbing work at a U.S. Marine Corps air station.
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October 14, 2025
Ex-Clear Street Employees Sue Over Retaliation, Defamation
Four former employees of financial services company Clear Street Management have sued the firm, claiming they were retaliated against as whistleblowers and falsely terminated "for cause" when they attempted to resign over allegations of a toxic workplace.
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October 14, 2025
Concrete Co. Can't Challenge $2M Seattle Wage Theft Fine
A Washington state appellate panel on Monday rejected a concrete subcontractor's appeal of more than $2 million in penalties for wage violations at Seattle construction sites, supporting a city hearing examiner's conclusion that the company was also on the hook alongside the primary contractor.
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October 14, 2025
Texans Say Drinking Water Tainted With PFAS From Military Base
Residents and local businesses in Lubbock, Texas, are suing 3M, DuPont de Nemours Inc. and others over alleged exposure to so-called forever chemicals that leached into their well water from firefighting foam used on a nearby former U.S. Air Force base and caused a woman's death.
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October 14, 2025
USPS Bailed On Wash. Real Estate Deal, Developer Claims
A developer and its affiliate have claimed in federal court that the U.S. Postal Service violated an agreement to develop a piece of land in Issaquah, Washington, and split the proceeds from its sale.
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October 14, 2025
Aetna Dodges Colo. County's $1.1M Suit Over Unpaid Rebates
A Colorado federal judge has dismissed a county's lawsuit alleging Aetna Life Insurance Co. withheld more than $1 million in pharmacy rebates under an unenforceable early termination clause, agreeing with the insurance company that the clause is valid and enforceable.
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October 14, 2025
Enterprise Seeks $358K In Unpaid Masters Tourney Rentals
Auto rental giant Enterprise alleged in a new lawsuit that a corporate client still owes nearly $358,000 in bills on hundreds of luxury cars rented for the 2025 Masters Tournament, claiming the client reneged on a payment plan after just two installments.
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October 14, 2025
Microsoft Bullied OpenAI Into Cloud Deal, Antitrust Suit Says
A group of ChatGPT subscribers launched a proposed class action in California federal court Monday accusing Microsoft Corp. of inflating prices by forcing OpenAI into a deal that made the software giant the sole provider of computing services for the growing suite of artificial intelligence products.
Expert Analysis
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Navigating Potential Sources Of Tariff-Related Contract Risk
As the tariff landscape continues to shift, companies must anticipate potential friction points arising out of certain common contractual provisions, prepare to defend against breach claims, and respond to changing circumstances in contractual and treaty-based relationships, say attorneys at Debevoise.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Florida Case Could Redefine Construction Defect Damages
If a Florida appellate court overturns the trial court in a pending construction contract dispute, the state could experience a seismic shift in construction defect damages, effectively leaving homeowners and developers with an incomplete remedy, says Andrew Gold at Akerman.
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Indemnity Lessons From Mass. Construction Defect Ruling
The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' statute of repose, should spur design and construction professionals to negotiate limited provisions, says Christopher Sweeney at Conn Kavanaugh.
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When Reshoring, IP Issues Require A Strong Action Plan
With recent headlines highlighting tariffs as high as 3,521%, more firms will contemplate reshoring manufacturing to the U.S., and they will need to consider important intellectual property issues as part of this complex, expensive and lengthy undertaking, say attorneys at Norton Rose.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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4 Strategies For De-Escalating Hospitality Industry Disputes
As recent uncertainty in the travel business exacerbates the risk of conflict in the hospitality sector, industry in-house counsel and their outside partners should consider proactive strategies aimed at de-escalating disputes, including preserving the record, avoiding boilerplate clauses and considering arbitration, say Randa Adra at Crowell and Stephanie Jean-Jacques at Hyatt.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.