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Commercial Contracts
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July 23, 2025
Texas Appeals Court Says TCPA Motion Was Filed Too Late
A Texas appeals court on Wednesday found a company that was supposed to buy several orthodontic business assets filed a bid for dismissal under the state's anti-SLAPP laws too late, saying the motion was filed outside the 60-day window outlined in the statute.
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July 23, 2025
Wells Fargo Gets Partial Early Win In Processing Servicer Suit
A Tennessee federal judge has granted a partial early win to Wells Fargo and a merchant services provider in a breach of contract suit brought by so-called independent sales organization TX Direct, finding that the contract between the parties had already been terminated when TX Direct was allegedly locked out of a merchant onboarding portal.
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July 23, 2025
Tendit Accuses Ex-CEO Of Illegally Raising Rent Before Exit
A facility services company sued its former CEO this week in Colorado state court, aiming to void a lease she created with her real estate business a day before resigning that increased the company's rent by more than $7,000 per month.
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July 23, 2025
'No Prenup': David Geffen Accused Of Exploiting Ex-Husband
"Masquerading as a white knight," billionaire film producer David Geffen ensnared his now-estranged, decades-younger husband Donovan Michaels with promises of love, equality and life partnership, but Geffen broke all those promises when Michaels sought independence and equal footing in their marriage, according to a complaint filed in California state court.
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July 23, 2025
Amazon Shoppers Protest Proposed 'Mini-Trial' On Class Cert.
Consumers are fighting Amazon's bid for an evidentiary hearing in parallel antitrust suits before a Washington federal judge decides a pending class certification motion, insisting the company has had plenty of time to vet key opinions from the plaintiffs' economics expert.
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July 23, 2025
DC Co. Sues Société Générale Over $29M Loan Deal
A District of Columbia property owner has accused Société Générale Financial Corp. in D.C. federal court of violating an agreement related to a $29 million refinancing loan when the bank corporation refused to fund the loan after realizing that it couldn't find a favorable secondary market buyer for the loan.
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July 23, 2025
Alaska Airlines Hit With False Ad Suit Over Reduced Flights
Alaska Airlines was hit with a putative false advertising class action in California federal court Tuesday alleging its Flight Pass program promised cheap, fixed flight rates in return for monthly subscription payments, while hiding additional taxes, fees and significant premium charges for desirable flights and punishing cancellation policies.
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July 23, 2025
Yale Wins Bid To Keep $435M Hospital Sale Suit In State Court
A Connecticut federal judge has sided with Yale New Haven Health Services Corp., the state's largest hospital system, in sending a contract suit with a bankrupt hospital seller back to state court, finding that remand would best preserve court resources rather than transferring it to a bankruptcy judge in Texas.
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July 23, 2025
Chancery Denies Toss Of AT&T Cos.' Investor Payout Suits
A Delaware vice chancellor sent toward trial Wednesday a fleet of coordinated, derivative suits seeking hundreds of millions of dollars in damages from AT&T and affiliates for allegedly claiming excessive shares of partnership revenues, in a ruling that also limited time windows for some claims.
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July 23, 2025
Firm Can't Arbitrate After Filing Suit, 4th Circ. Says
A Maryland law firm and a debt buyer cannot force a debt collection dispute into arbitration, the Fourth Circuit ruled Wednesday, finding they waived their right to arbitrate when they filed their own collective action.
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July 23, 2025
7th Circ. Revives Part Of Solar Firm's Panama Grid Suit
The Seventh Circuit on Tuesday largely upheld an Illinois federal judge's ruling that Spanish energy company Avanzalia Solar could not pursue its claims that Goldwind Americas blocked and delayed access to the Panamanian power grid.
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July 23, 2025
Bird Marella And Bioscience Client Accused Of $87M Fraud
An investment group that includes a "Toy Story" screenwriter is suing a Culver City, California-headquartered bioscience company and its Bird Marella attorneys in California state court, accusing them of manipulating the valuation of a company whose acquisition they funded, in order to defraud investors of $87 million.
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July 22, 2025
Investor Sanctioned For Ignoring Telecom Arbitration Award
A New York federal judge has sanctioned an investor in telecommunications infrastructure firm Continental Towers LATAM Holdings Ltd. for ignoring an arbitral award issued in a bitter, yearslong dispute over control of the company, saying he hasn't done enough to vacate offending judgments in the British Virgin Islands.
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July 22, 2025
Wash. Appeals Court Affirms Biz Tax Rule For Drop Shippers
The Washington Court of Appeals upheld the state's rule on Tuesday that out-of-state wholesalers in drop shipment transactions are subject to a business tax when the customer that ultimately receives the product is within the Evergreen State's borders, rejecting a challenge from California IT distributor Synnex.
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July 22, 2025
NY Judge Backs Calif. Bioscience Co. In $15M Arbitration Row
A New York federal judge has ruled that a California-based bioscience company can enforce an arbitration award rejecting a more than $15 million claim asserted by a Hong Kong biopharmaceutical firm, saying there is no genuine dispute since the biopharmaceutical firm failed to respond.
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July 22, 2025
DOJ Backs Door Maker's Divestiture Order In 4th Circ. Appeal
The U.S. Department of Justice cleared a door maker's merger twice by the time a rival challenged the tie-up in court and won a landmark divestment order, but now the government is standing behind the company that won the order and asking the Fourth Circuit to keep it in place.
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July 22, 2025
Sandals Owes Longtime Ad Partner $50K In Copyright Trial
Resort giant Sandals owes nearly $50,000 to a former, longtime, advertising partner for copyright infringement regarding 33 photos and videos, a Florida federal judge ruled Monday following a bench trial, but found that over 600 other claimed works don't qualify for damages.
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July 22, 2025
Fubo Streamers Get Own Attys In Disney Suit
DiCello Levitt and Lite DePalma have won out over Bathaee Dunne in a battle to represent FuboTV subscribers suing Disney over ESPN streaming rates, with a judge saying he had "grave doubts" that Yavar Bathaee could adequately represent the plaintiffs after Bathaee undercut their case in a status conference.
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July 22, 2025
Fair Use Carveout Applies To Med Device Repairs, Judge Says
A D.C. federal judge has shot down two industry groups' challenge to a rule that placed medical device diagnostic procedures and repairs under fair use copyright exceptions, saying all of their challenges under the Administrative Procedure Act were unpersuasive.
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July 22, 2025
Jordan's Team Says NASCAR Is Trying To 'Rewrite History'
Michael Jordan's NASCAR team 23XI Racing accused the private stock car racing organization of filing a bad faith countersuit in the parties' antitrust battle, using it to extract a valuable aspect of a joint charter agreement.
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July 22, 2025
Pot Co. Claims Landlord Stole Trade Secrets, Started Rival Co.
A Los Angeles dispensary and cannabis grower has claimed that its landlord, the Art Rubinstein Family Trust, lured it into a business partnership so the landlord could steal trade secrets and later coerce the tenant into extending its lease, according to a lawsuit filed in California state court.
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July 22, 2025
Ex-Bank Worker's 401(k) Suit Must Be Arbitrated, 5th Circ. Told
A Laredo, Texas-based bank told the Fifth Circuit Monday that a former worker should be forced to arbitrate a proposed class action claiming the company failed to prudently invest employee retirement funds, even though the provision was added after his employment ended.
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July 22, 2025
Viks Demand End To Deutsche Bank's 'Egregious' Norway Suit
Billionaire Alexander Vik and his daughter have opened a new front in a 12-year litigation war with Deutsche Bank AG over an outstanding $243 million judgment, arguing in a Connecticut federal court complaint that the financial giant must end its own "vexatious" lawsuit against them in Norway because the issues were already decided in the Viks' favor.
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July 22, 2025
Lathrop GPM Adds Partner To Chicago Office
Lathrop GPM LLP has added a new Chicago-based partner to its tort, insurance and environmental practice group, the firm announced Monday, saying her practice primarily focuses on defending clients against product liability claims and claims involving exposure to toxic substances and transportation-related injuries.
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July 22, 2025
Amazon Pushes Back On FTC's Trial Time Extension Bid
Amazon has urged a Washington federal court to reject the Federal Trade Commission's bid to extend the agency's trial time in a lawsuit over automatically recurring Prime subscriptions, calling the proposal both unfair and baseless.
Expert Analysis
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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DeepSeek AI Investigation Could Lead To IP Law Precedents
The investigation by OpenAI and Microsoft into DeepSeek's artificial intelligence model raises interesting legal concerns involving intellectual property and contract law, including potential trade secret appropriation and fair use questions, say Saishruti Mutneja and Raghav Gurbaxani.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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What Contractors Can Do To Address Material Cost Increases
In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.
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Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion
The recent Delaware Superior Court ruling in Harman International v. Illinois National Insurance offers a critical framework for interpreting bump-up exclusions in management liability insurance policies, and follows the case law trend of narrow interpretation of such exclusions, says Simone Haugen at Tressler.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz
Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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What To Expect From Trump's Deputy Labor Secretary Pick
President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.