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Commercial Contracts
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									September 29, 2025
									Hagens Berman Misstep Ends Amazon-Apple Suit, For NowA Washington federal judge threw out a proposed class action targeting an alleged pact between Amazon and Apple to limit device sales on the e-commerce platform, agreeing on Monday to revisit an earlier ruling after fresh facts surfaced showing that the former lead plaintiffs' counsel misled the court for months. 
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									September 29, 2025
									Why $2.5B Might Not Be Enough In FTC's Amazon SettlementAs the Federal Trade Commission and some observers hailed Amazon's $2.5 billion deal over its Prime membership practices as a milestone to protect consumers from manipulative tactics, others doubted the 10-figure settlement will be enough to hold the company accountable following a case it had seemed likely to lose. 
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									September 29, 2025
									Ga. Panel Says Insurer Not Liable For Fees In $1.5M CaseThe Georgia Court of Appeals said a trial court rightly refused to make Allstate pay attorney fees after rejecting a settlement offer from a man who was later awarded $1.5 million for crash injuries, saying the award "was not warranted" because the insurer wasn't a named party at trial. 
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									September 29, 2025
									In Chancery, Bankrupt First Brands Accused Of Deal BreachAutomotive manufacturer Grammer Inc. filed a suit in the Delaware Chancery Court accusing APC Parent LLC and guarantor First Brands Group, which filed for Chapter 11 protection on Sunday, of breaching multiple agreements and withholding more than $20 million in payments involved with a $40 million merger. 
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									September 29, 2025
									6th Circ. Won't Revive Software Development IP CaseThe Sixth Circuit has declined to revive copyright infringement and trade secrets claims brought by a business communications company over a software development tool, saying the company waited too long to look into its concerns that a rival was distributing a modified version of the software. 
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									September 29, 2025
									Crypto Promoter Fined For Skipping Deposition In Fraud CaseA Michigan federal judge has ordered a cryptocurrency promoter to pay $1,000 for missing a deposition deadline in a case brought by investors who said the promoter duped them into buying digital assets. 
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									September 29, 2025
									McCarter & English Slams Pre-Trial Win Bid In $22M SuitMcCarter & English LLP has asked a Connecticut state judge to block two insurers' summary judgment bids on breach of contract claims connected to a $22.3 million professional negligence lawsuit, saying both sides agreed to a 2026 bench trial and conducted discovery assuming neither side would seek a quick win. 
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									September 29, 2025
									Sherwin-Williams Contests 'Exceptional Case' Fee ClaimArguing over a single contentious issue does not support a report that labeled Sherwin-Williams' litigation strategy in a patent dispute as "exceptional," the company asserted in a recent objection to recommendations that it should pay fines and attorney fees in the case. 
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									September 29, 2025
									Posner Says 'Abusive' Pro Se Filings Warrant Harsh SanctionsRetired U.S. Circuit Judge Richard A. Posner has asked the Seventh Circuit to end a pro se plaintiff's attempt to revive a $170,000 wage suit, while also seeking stiff sanctions for what he called decades of "abusive litigation." 
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									September 29, 2025
									Billionaire On The Hook For $9M In Failed Australia ClaimAustralia on Saturday claimed victory in a $198 billion investor-state claim over a nixed iron ore project asserted by Australian mining magnate and billionaire Clive Palmer, who immediately vowed to challenge the award in Switzerland. 
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									September 29, 2025
									Legal Funder Settles Licensing Row With Conn. Banking ChiefA Connecticut-based litigation funding company will pay up to $50,000 in restitution to its customers and cease all unlicensed small loan activity after entering a consent order with the state's Department of Banking. 
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									September 29, 2025
									Va. Immigration Firm Accuses Ex-CFO Of Diverting FundsA Virginia-based immigration law firm accused its former chief financial officer Monday of exploiting her access to firm finances by rerouting funds to businesses she controls and charging the firm for Uber rides, Amazon Prime and hotels. 
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									September 29, 2025
									Yale Unit Will Pay $45M To End Failed Hospitals Sale DisputeYale New Haven Health Services Corp. has agreed to pay $45 million to hospital operator Prospect Medical Holdings Inc. to conclude their legal dispute over a failed $435 million sale of three Connecticut hospitals, according to a motion filed in Texas bankruptcy court. 
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									September 26, 2025
									NY Judge Grills CA Atty Over Botched Pro Hac Vice FilingsThe Manhattan federal judge overseeing a major racial discrimination lawsuit against the NFL on Friday took a California attorney to task over a bungled pro hac vice filing and his failure to appear at a prior hearing, but stopped short of taking disciplinary action, for now. 
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									September 26, 2025
									Wu-Tang Album May Be Trade Secret In Shkreli Suit, Judge SaysA New York federal judge has found that a one-of-a-kind Wu-Tang Clan album could be considered a trade secret in a novel decision that made significant trims to a cryptocurrency project's lawsuit against the album's former owner Martin Shkreli, but the judge kept in play claims that he misappropriated the project's trade secrets. 
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									September 26, 2025
									Swizz Beatz Can't Avoid $7.3M 1MDB Fraud CaseA New York federal judge on Friday denied hip-hop artist Swizz Beatz's bid to dismiss a lawsuit that alleges he received millions of dollars in the infamous 1Malaysia Development Berhad fraud scandal, saying liquidators for two alleged shell companies sufficiently alleged fraudulent transfers of funds among other claims. 
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									September 26, 2025
									Banks Evade Most Liability Claims In Copyright SuitA pair of banks had the majority of the liability claims against them tossed by a Colorado federal judge Friday in an architectural group's copyright lawsuit against a real estate developer, whose project they financed. 
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									September 26, 2025
									Del. Suit Alleges Fast-Break Betrayal In NBA Team Bid PlanRAJ Sports Holdings LLC is accusing co-CEOs of Panda Express and their family trust of breaching an exclusivity and confidentiality agreement by exiting a nearly completed deal to buy the NBA's Portland Trail Blazers and joining forces with another multibillion-dollar bidder. 
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									September 26, 2025
									Boeing Pushes 9th Circ. To Rethink $72M Trade Secret VerdictBoeing has urged the Ninth Circuit to reconsider an August decision reinstating a $72 million jury verdict against the aircraft giant in an electric jet startup's trade secret case, saying the appellate panel decision creates "confusion, conflict, and injustice." 
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									September 26, 2025
									Conn. Psych Facility Faces Class Claims Over Data BreachA residential psychiatric treatment facility in Connecticut fell victim to a cyberattack that exposed the personal information of more than 5,000 current and former patients and employees, according to a putative class action that alleges The Children's Center of Hamden Inc. was negligent with its data security. 
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									September 26, 2025
									Cellectis, AstraZeneca Face IP Suit From Cell Engineering Co.A cell engineering company sued pharmaceutical giant Cellectis Inc. on Friday, claiming it had used patented gene-editing protein research technology and purported to license it for use to AstraZeneca. 
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									September 26, 2025
									Chemical Plant Spat Must Unfold In NY, NC Court Is ToldA Swiss chemical technology company urged a North Carolina state judge Friday to toss a suit alleging that it bungled work on a $200 million plant, arguing during a hearing that it is not a construction company as defined in a state law undergirding where the claims can be litigated. 
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									September 26, 2025
									9th Circ. Halts Vegas Newspaper Ruling For High Court AppealThe Ninth Circuit has stayed its ruling that a long-standing arrangement between the Las Vegas Sun and the Las Vegas Review-Journal is unlawful while the Sun appeals to the U.S. Supreme Court to preserve the pact. 
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									September 26, 2025
									Metal Singer Wants Ex-Bassist's 'Break-Up Case' TrimmedThe vocalist for the Grammy-nominated metal band Hatebreed and the group's business arm have asked a Connecticut state court to strike several claims that the band's founding bassist filed after his sudden termination, including breach of contract and negligent infliction of emotional distress, arguing that they are not adequately supported by facts. 
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									September 26, 2025
									Insurers' $9M Deal With Pump Co.'s Trustee Gets Judge's OKChubb's Century Indemnity Co. and ACE American unit Pacific Employers Insurance Co. have received a Connecticut federal judge's approval to pay $9 million to a pump manufacturer's Chapter 7 estate, allowing the insurers to settle claims that The Nash Engineering Co. fraudulently transferred policies meant to cover asbestos claims. 
Expert Analysis
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								4 Ways Women Attorneys Can Build A Legal Legacy  This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson. 
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								A Judge's Pointers For Adding Spice To Dry Legal Writing  U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible. 
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								Lessons Learned From SAS' Flight Through Chapter 11  Scandinavia's SAS is the first European airline to find its wings through the U.S. Chapter 11 process since COVID-19 rocked the aviation industry — and while the process involved some familiar steps, certain complex jurisdictional issues and non-U.S. stakeholders required the carrier to venture into uncharted airspace, says Emily Hong at Norton Rose. 
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								Bankruptcy Ruling Provides Guidance On 363 Asset Sales  HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland. 
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								Anticipating Calif. Oversight Of PE Participation In Healthcare  A new bill recently introduced in the California Senate revives last year's attempt to increase oversight of healthcare transactions involving private equity groups and hedge funds, meaning that attorneys may soon need to assess the compliance status of existing management relationships and consider modifying contract terms, says Andrew Demetriou at Husch Blackwell. 
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								7 Tips For Associates To Thrive In Hybrid Work EnvironmentsExcerpt from Practical Guidance.jpg)  As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor. 
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								Series Playing Beach Volleyball Makes Me A Better Lawyer  My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam. 
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								If Elphaba Had Signed A Restrictive Covenant In 'Wicked'  Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley. 
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								How Law Firms Can Counteract The Loneliness Epidemic  The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent. 
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								5 Keys To Building Stronger Attorney-Client Relationships  Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development. 
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								Notable Q4 Updates In Insurance Class Actions  In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler. 
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								Series Racing Corvettes Makes Me A Better Lawyer  The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome. 
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								Opinion Attorneys Must Act Now To Protect Judicial Independence  Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal. 
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								Rethinking 'No Comment' For Clients Facing Public Crises  “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen. 
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								Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy  A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.