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Commercial Contracts
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November 25, 2025
UnitedHealth Gets OptumRx Antitrust Suit Sent To Arbitration
A group of independent pharmacies must arbitrate their proposed class claims that UnitedHealth-owned OptumRx gatekeeps its network of Medicare prescription patients by imposing unfair fees, a Washington federal judge said Tuesday, concluding the pharmacies haven't shown the arbitration clauses in question are unenforceable.
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November 25, 2025
Bitcoin Depot Unit Hit With $18.5M Arbitration Award
The parent of a Canadian company that develops software allowing global network users to deposit cash for Bitcoin or exchange Bitcoin for cash said its subsidiary was hit with an $18.47 million arbitral award in a dispute with a bankrupt operator of cryptocurrency ATMs.
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November 25, 2025
Delta Retirees Seek Court Clearance For Benefits Class Action
A retired flight attendant accusing Delta Air Lines Inc. of shorting married pensioners on retirement benefits by miscalculating lump-sum payouts asked a Nevada federal court to grant her case class action status, arguing the roughly 3,000-strong group she proposed had enough in common to warrant certification.
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November 25, 2025
3rd Circ. Restores NCAA Junior-College Eligibility Rule
An NCAA rule that includes junior colleges when determining a college athlete's eligibility is a "commercial" restriction, but a Rutgers University football player must go back to court and define the market for his labor if he wants to argue the rule violates antitrust law, the Third Circuit said Tuesday.
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November 25, 2025
BMW Refuses To Cover Faulty Component, Suit Claims
BMW has known for several years about a transmission component defect causing more than a dozen of the luxury carmaker's vehicle models to jerk and shudder while driving but has improperly refused to cover necessary repair costs, consumers have alleged in New Jersey federal court.
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November 25, 2025
Insurance Broker Says Competitor Stole Employees, Clients
The parent company of insurance brokerage Trucordia told the Delaware Chancery Court on Monday that it has lost more than $2.5 million in annual commission revenue because a Florida-based competitor is trying to poach Trucordia's employees and clients in coordination with a former insurance producer and current equity holder.
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November 25, 2025
Cannabis Co. Says $1.5M Default In Contract Dispute Is Void
A cannabis company is urging a Los Angeles state court to set aside a $1.5 million default judgment against it in a contract dispute, saying the judgment goes far beyond what's allowable under state law.
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November 24, 2025
Williams Sonoma Sues Quince Over 'Dupe' Comparisons
Williams-Sonoma Inc. on Friday sued Quince in California federal court, accusing the direct-to-consumer retailer of falsely advertising to consumers that its products, though cheaper, are of the same high quality as Williams Sonoma's products.
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November 24, 2025
Nvidia Stole AI Co.'s IP And Trashed $1.5B In Value, Suit Says
Nvidia Corp. obtained a tech startup's proprietary artificial intelligence software under the guise of a potential acquisition, used the software to develop its own product, then rendered $1.5 billion in IP worthless by publishing the software for anyone to download free, according to a lawsuit filed Monday in New York state court.
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November 24, 2025
Amazon, Gillette Claim Oral-B Toothbrush Heads Were Fakes
Amazon and Gillette on Monday sued dozens of "bad actors" that the companies claim sold counterfeit Oral-B toothbrush heads on the e-commerce platform, misleading shoppers, lying to Amazon and infringing Gillette's trademarks.
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November 24, 2025
3 Federal Circuit Clashes To Watch In December
The Federal Circuit's argument calendar for December includes a festive $71.4 million patent dispute about artificial Christmas trees, as well as a software company's bid to revive a nine-figure trade secrets and contract verdict against Ford that was slashed to a nominal $3.
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November 24, 2025
Prep School Firings Called Payback For Alleging Favoritism
Two longtime members of the athletic department staff at The Lawrenceville School, a private preparatory academy, are alleging in New Jersey state court that they were fired in retaliation for raising concerns over an alleged relationship between the school's athletic director, who is a former NFL player, and another staff member.
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November 24, 2025
Crypto Cos. Seek OK Of $2.5M Iceland Mining Facility Award
Two cryptocurrency companies have asked a New York federal court to enforce an approximately $2.5 million arbitral award against a project finance advisory firm in their contract dispute over investments in an Icelandic crypto mining facility.
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November 24, 2025
NJ Panel Orders Arbitration In Jersey City Real Estate Dispute
A New Jersey appellate court on Monday affirmed a lower court's arbitration order for several counterclaims in a dispute involving a Jersey City apartment project, ruling that the counter-defendants didn't previously waive their right to arbitrate the counterclaims.
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November 24, 2025
Israeli Co. Can't Expand Contract Breach Suit Over $25M Deal
An Israeli smart packaging company can't enlarge a North Carolina Business Court contract breach suit, a judge ruled Monday, saying the amendment would "wholly transform" the case and prejudice defendant Sealed Air Corp.
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November 24, 2025
Biotechs Go To Del. Chancery Over Cancer Drug Rights
A contract battle has broken out in the Delaware Chancery Court between two biotechs, each accusing the other of materially breaching a decade-old collaboration agreement governing rights to the cancer drug Jemperli.
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November 24, 2025
Transit Operator Says Union Standoff Risks $100M In Funding
A Florida public transit operator has accused a bus drivers union of withholding its signature on a safety plan that the Jacksonville Transit Authority must submit annually to obtain federal funding, asking a court to compel the union to either sign the plan or arbitrate its disagreements with it.
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November 24, 2025
Doctor Liable For Rent On Ex-NFL Player's Concussion Clinic
A Florida neurologist who partnered with a former National Football League player to start a concussion clinic in Massachusetts can't dodge more than $100,000 in unpaid rent and interest owed by the defunct venture, an intermediate state appellate court said.
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November 24, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court last week delivered a packed mix of fraud allegations, merger fallout, corporate-governance reforms and jurisdictional fights, while a new academic report ignited debate over attorney fee awards in Delaware's influential corporate forum.
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November 24, 2025
High Court Won't Revive UBS Retaliation Case Again
The U.S. Supreme Court on Monday said it would not again take up a fired UBS worker's whistleblower retaliation lawsuit concerning whether the Sarbanes-Oxley Act requires whistleblowers to show proof of discrimination or proof of retaliation.
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November 21, 2025
Ex-Google CEO Accused Of Sex Assault, Cyberstalking
A woman who says she dated former Google CEO Eric Schmidt has accused him of sexually assaulting her, stealing her businesses and surveilling her devices via a "backdoor" he built with Google engineers to covertly spy on employees, according to a complaint she's trying to file in California state court.
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November 21, 2025
DoorDash Hit With Suit Over Breach Of Customer, Dasher Data
Delivery service DoorDash failed to delete old data and take other necessary steps to protect the personal information of customers, dashers and merchants that was exposed in a recent security breach, according to a proposed class action filed in California federal court.
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November 21, 2025
Telecom Giants Say Dish Can't Back Out Of Contracts
Dozens of telecommunication companies have filed a lawsuit in Colorado federal court against Dish Wireless seeking a declaratory judgment that the Colorado-based carrier is not excused from its contracts with the companies to build a nationwide 5G network after Dish's parent company EchoStar announced sales of its spectrum licenses.
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November 21, 2025
Tata Must Pay $168M For Trade Secrets Theft, 5th Circ. Says
A Fifth Circuit panel found Friday that Tata Consultancy Services Ltd. stole IT company Computer Sciences Corp.'s technology concerning source code and life insurance software documentation, keeping intact a $168 million verdict against Tata.
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November 21, 2025
Sysnet Ends Noncompete Suit Against Ex-Manager
Cybersecurity company Sysnet North America Inc. told a Georgia federal court it will dismiss a lawsuit alleging one of its former business relationship managers violated the restrictive covenants in his employment contract by taking a job with a direct competitor.
Expert Analysis
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Tracking The Evolving Legal Landscape Of Music Festivals
The legal infrastructure behind music festivals is anything but simple, so attorneys advising clients in this space should be prepared for a wide range of legal challenges, including the unexpected risks that come with live events, says Meesha Moulton at Meesha Moulton Law.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Reddit v. Anthropic Is A Defining Moment In The AI Data Race
The recent lawsuit filed by Reddit against Anthropic in California state court marks a pivotal moment in the burgeoning field of artificial intelligence by sidestepping a typical copyright dispute, focusing instead on the enforceability of online terms of service and ownership of the digital commons, says William Galkin at Galkin Law.
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What Developers Can Glean From Miami Condo Ruling
A Florida state appeals court's recent denial of a Miami condo redevelopment bid offers a detailed blueprint of what future developers must address when they evaluate the condominium's governing declaration and seek to terminate a condominium, say attorneys at Shubin Law.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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2nd Circ. Reinforces Consensus On Vacating Foreign Awards
In Molecular Dynamics v. Spectrum Dynamics Medical, the Second Circuit recently affirmed that federal district courts do not possess subject matter jurisdiction to vacate foreign arbitral awards, strengthening this consensus across the circuits most active in recognition and enforcement actions, says Ed Mullins at Reed Smith.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Corp. Human Rights Regulatory Landscape Is Fragmented
Given the complexity of compliance with nations' overlapping human rights laws, multinational companies need to be cognizant of the evolving approaches to modern slavery transparency, and proposals that could reduce mandatory due diligence and reporting requirements, say attorneys at Simpson Thacher.
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Forced Labor Bans Hold Steady Amid Shifts In Global Trade
As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Recent Decisions Caution Against Broad Indemnity Provisions
Two recent decisions in disparate jurisdictions are reminders that businesses and practitioners should be mindful of contractual indemnity rights and draft indemnity provisions that enhance the predictability of enforceability without being overly broad, says Gregory Jaske at Olshan Frome.