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Commercial Contracts
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October 07, 2025
5th Circ. Queries If ChampionX Covered In $40M Oil Spill Suit
A Fifth Circuit panel Tuesday pressed ChampionX Corp. to explain how it can pursue a lawsuit in Texas seeking to make multiple insurers pay for its defense in a $40 million oil spill lawsuit if the underlying policies don't name it.
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October 07, 2025
Ex-Prisoners Push Back On Bid To Decertify Debit Card Class
Former prisoners accusing Central Bank of Kansas City of charging excessive fees on prepaid debit cards have pushed back on the bank's effort to undo their certified class, arguing they were subject to a "uniform pattern of conduct" that forced them to accept the cards.
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October 07, 2025
11th Circ. Rules Atty Privacy Invasion Suit Can't Be Arbitrated
The Eleventh Circuit on Tuesday denied two Florida attorneys' request for the out-of-court resolution of a lawsuit brought by former clients alleging their private legal information was disclosed in public court dockets, ruling that the claims against the lawyers aren't covered by a retainer agreement's arbitration clause.
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October 07, 2025
Chamber Asks 9th Circ. For Clarity In Trade Secrets Cases
The U.S. Chamber of Commerce backed Boeing's bid for the Ninth Circuit to reconsider a panel's decision to reinstate a $72 million jury verdict against the company, saying the panel's "swift treatment" of such a complex issue threatens creating confusion.
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October 07, 2025
Fed. Circ. Ponders Document Sealing In EDTX's Patent Cases
A Federal Circuit panel grappled Tuesday with document sealing practices in patent cases in the Eastern District of Texas, appearing at points skeptical about a digital rights nonprofit's efforts to unseal records in since-concluded litigation involving Charter Communications Inc.
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October 07, 2025
Prospect Medical Fights $1M Software Fee Claims In Ch. 11
Prospect Medical Holdings Inc. says the pending Chapter 11 proceedings for its hospitals in California and Connecticut should keep two technology companies from demanding more than $1 million in payment for disputed software and IT contracts, according to Prospect's filings with a Texas bankruptcy court on Monday.
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October 07, 2025
No Coverage For Smoke Shop Over Fatal Crash, Insurer Says
A smoke shop's insurer told a North Carolina state appeals court the shop shouldn't receive coverage for a lawsuit alleging it's liable for a fatal auto collision because it sold nitrous oxide products to the at-fault driver, arguing its policy covered bodily injury only on the shop's premises.
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October 07, 2025
4 Oral Argument Sessions Benefits Attys Should Watch In Oct.
The Second Circuit will hear from Teamsters looking to revive a proposed class action alleging mismanagement of a multiemployer pension plan, while Alcoa will ask the Seventh Circuit to overturn a ruling requiring the aluminum maker to cover union retirees' healthcare for life. Here, Law360 looks at four arguments that benefits attorneys should have on their radar this month.
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October 07, 2025
Bank's Ex-Compliance Chief Sues Over 'Bad Faith' Termination
A Florida community bank has been sued in New Jersey federal court by its former chief risk and compliance officer, who claims that he was fired without cause just months after signing a three-year contract with the bank at a $250,000 annual salary.
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October 07, 2025
Biote Sues In Del. To Block Founder Indemnification Suit
Hormone replacement therapy venture biote Corp. and two affiliates on Tuesday asked the Delaware Court of Chancery for an injunction barring founder Dr. Gary S. Donovitz from pursuing a Texas suit cross-claim seeking indemnification for any liability predating an April 2024 settlement agreement, alleging that earlier deal terms prohibited such claims.
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October 07, 2025
9th Circ. Tosses Sporting Goods Co. Suit Against Ex-Landlord
The Ninth Circuit on Tuesday backed the dismissal of a sporting goods retailer's suit against its former landlord, which was accused of wrongfully charging the retailer with monthly fee invoices even after the retailer left the location it was renting due to the COVID-19 pandemic.
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October 07, 2025
Cruise Cos. Say Tax Injunction Act Doesn't Bar Hawaii Suit
A group of cruise companies should be allowed to proceed with their complaint against the state of Hawaii for an extension of a transient occupancy tax to cruise passengers, the companies told a federal district court, saying the Tax Injunction Act doesn't bar the complaint.
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October 07, 2025
NASCAR Seeks Judge-Led Settlement Talks In Antitrust Row
Just eight weeks before a highly publicized antitrust battle between NASCAR and two of its teams heads to trial, the private stock car racing company asked a North Carolina federal court for a judicial settlement conference, noting the parties have "exhausted" alternative options.
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October 07, 2025
DOJ Backs Patent Rights In Disney's Streaming Antitrust Case
The U.S. Department of Justice urged a Delaware federal court to ensure wireless technology company InterDigital's patent rights are protected when it assesses Disney's antitrust case accusing the company of monopolizing video streaming technology.
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October 07, 2025
Reinsurer Resists Arbitration In $7M Letter Of Credit Fight
A Qatari insurance conglomerate's reinsurance unit told a North Carolina federal court that its dispute with a domestic insurer over the insurer's roughly $7 million letter of credit drawdown shouldn't go to arbitration, arguing that a contract the insurer relies on is "wholly unrelated" to the letter of credit.
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October 07, 2025
NJ Justices Won't Disturb Locke Lord Win In Oil Co.'s Suit
The New Jersey Supreme Court has declined to review a lower appellate court decision handing a victory to Locke Lord LLP over malpractice claims from an oil processing company on the grounds that the firm does not have a significant connection to New Jersey and cannot be sued in the state's courts.
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October 07, 2025
Online Test Proctor Fights Suit Over California Bar Exam
ProctorU Inc., which does business as Meazure Learning, asked a federal judge to toss a potential class action from three Californians who accuse the company of administering a glitch-ridden state bar exam that they were unable to complete as planned, arguing that it made no direct promises or sales to the test-takers, and isn't covered by the cited consumer protection laws.
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October 07, 2025
Title Insurer Fights Mortgage Lender's Fraud Claim
A title insurer has no duty to pay a mortgage lender's claim over a $510,000 loan a borrower alleged was fraudulent, it told a North Carolina federal court, saying its closing protection letter explicitly excludes coverage for third-party fraud and that no policy was ever issued.
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October 07, 2025
NASCAR Wins Fight With LGBCoin Over Racing Deal Approval
A Miami jury returned a defense verdict late Monday in favor of NASCAR in a $76 million suit by the LetsGoBrandon.com Foundation accusing the league of destroying the value of its cryptocurrency LGBCoin after it revoked approval of sponsorship of a racing team.
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October 06, 2025
NASCAR Pans Antitrust Suit As 'Frontal Assault' On Charters
NASCAR's charter system does not restrain trade and is good for the sport, the league said in asking a North Carolina federal judge to find it has not committed antitrust violations, pointing in part to the support of other team owners who allegedly want the monopoly suit put to bed.
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October 06, 2025
Boeing Aims To Trim Damages In Trade Secrets Case
Facing a trade secrets misappropriation claim revived by the Eleventh Circuit, The Boeing Co. told an Alabama federal judge that a defunct company isn't entitled to unjust enrichment damages for a temporary contract the U.S. Air Force awarded two decades ago or a jury trial.
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October 06, 2025
Ex-UBS Reps Can't Solicit Bank Clients Amid Arbitration
UBS Financial Services has secured a preliminary injunction blocking former UBS advisers from soliciting the firm's account holders while arbitration accusing the representatives of violating nonsolicitation and confidentiality agreements proceeds, a decision the defendants say is the result of a mutual agreement between the parties.
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October 06, 2025
Conn. Judges Unsure Why Court Called IVF A Sexual Act
Connecticut appellate judges expressed some doubt Monday that a fertility doctor accused of impregnating two in vitro fertilization patients with his own sperm had committed sexual misconduct that disqualifies him from insurance coverage of a civil suit brought by his alleged children.
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October 06, 2025
Pioneer Couldn't Deliver Gas During Storm, Court Hears
Pioneer Natural Resources USA Inc. told a Texas federal court Monday that Winter Storm Uri made it impossible to deliver about $9 million worth of natural gas to an energy trading company, saying during a Monday bench trial that the storm exempted it from its contractual obligations.
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October 06, 2025
Einstein Bagels Sues Franchisee For Breach Of Contract
Einstein Bros. Bagels' franchising company claimed in Colorado federal court on Friday that a California man who owns and operates several franchises violated the terms of a development agreement by failing to comply with deadlines or open the agreed upon number of stores.
Expert Analysis
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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.
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Gas Contract Fight Holds Lessons On Force Majeure Clauses
Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.