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Commercial Contracts
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September 11, 2025
Texas Justices Wary Of Letting Developers Out Of $75M Bond
Texas Supreme Court justices seemed hesitant Thursday to buy an argument from Greystar Development & Construction LP that it and other defendants on the hook for a $406 million judgment only need to collectively pay a $25 million bond for their appeal, saying the statute seemingly compels each individual defendant to pony up.
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September 11, 2025
NY Judge Lets Baosheng IPO Suit Proceed But Drops Auditors
A New York federal judge has ruled that investors can move forward with claims that Baosheng Media misled them by failing to disclose an investigation by Chinese authorities ahead of its initial public offering, but found they'd failed to state a claim against the auditor defendants in the suit.
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September 11, 2025
Audible Credit Suit Raises Question On Wash. Gift Card Law
A federal judge in Seattle has floated asking Washington's high court to clarify the scope of the Evergreen State's gift card law, suggesting on Thursday that a consumer suit over expiring Audible credits hinges on whether the statute only covers instruments with monetary value.
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September 11, 2025
RSS Co-Creator Unveils License Plan For AI Content Crawlers
The co-creator of RSS feeds has helped launch a licensing process for AI crawlers that scrape website content to train artificial intelligence systems.
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September 11, 2025
Lin Wood Can't Shake Trial Win For Ex-Partners
Former attorney L. Lin Wood lost his bid to undo an approximately-$10 million award that he owes his ex-law partners relating to the breakup of their firm, with a Georgia state judge this week refusing to set aside a jury verdict in the case.
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September 11, 2025
Connecticut AG Enters Fray Over WNBA's Sun Franchise
Connecticut Attorney General William Tong on Thursday joined state and federal elected officials in turning up the heat on the WNBA over the on-again, off-again sale of the Connecticut Sun franchise, asking for league documents and information about purchase offers and for a meeting with Commissioner Cathy Engelbert and other league executives.
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September 11, 2025
Whitman Breed Settles Landlord's Suit Over $6.5M HQ Lease
Connecticut-based law firm Whitman Breed Abbott & Morgan LLC has settled a $3.8 million lawsuit by a commercial landlord that feared that it would breach its $6.5 million office lease after a significant headcount reduction and a partner's alleged claim that the firm would dissolve by June.
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September 11, 2025
Berkshire Co. Says Insurers Owe $22M For Antitrust Judgment
A Berkshire Hathaway-owned construction supplier said its insurers must pay for a $22.2 million judgment against it in a competitor's antitrust suit, telling a Colorado federal court that policies issued by Liberty Mutual, Swiss Re and Allianz units cover claims based on the publication of disparaging material.
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September 11, 2025
Influencer Vows To Revive Malpractice Case Against Akin
A social media influencer is planning to bring a malpractice suit in Texas state court against Akin Gump Strauss Hauer & Feld LLP after a federal judge found a lack of jurisdiction over claims that the firm mishandled a dispute over payment for participation in an amateur boxing competition.
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September 11, 2025
5th Circ. Won't Revisit Doctor's Captive Insurance Case
The Fifth Circuit rejected a Texas doctor's request for the full court to review a panel's July decision that he was not entitled to $1 million in tax deductions linked to his urgent care network's captive insurance company.
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September 10, 2025
Chinese Real Estate Co. Inks $5M Deal To End Investor Suit
Investors in Chinese real estate giant KE Holdings Inc. have asked a New York federal judge to give an initial nod to a nearly $5 million deal ending claims the company misled the markets about certain key performance metrics in filings associated with its secondary public offering.
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September 10, 2025
$70M Award To Petrobras Unit Must Be Nixed, NY Court Hears
Brazilian entities embroiled in a dispute over cost overruns on a project to supply components for offshore oil platforms urged a New York federal court Wednesday to vacate a $70 million arbitral award, which they say has resulted in a "gross windfall" for a Dutch Petrobras unit.
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September 10, 2025
T-Mobile Trial Kicks Off As Cell Tower Co. Ups Damages Claim
A Washington state judge chided a cell tower builder Wednesday for introducing new testimony in a breach-of-contract case against T-Mobile USA Inc. just before opening arguments in the trial, asking why the plaintiff firm hadn't shown its math on a fresh $30 million damages estimate.
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September 10, 2025
Teleradiology Co. Seeks OK Of Award Nixing $2M Fraud Claim
An Indian teleradiology company asked a Georgia federal court not to vacate an arbitral award that rejected a radiology provider's $2 million fraud claim against it, arguing that the arbitrator properly interpreted their longstanding vendor–vendee contract.
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September 10, 2025
Sonos Seeks Exit In $3M Royalties Suit By SoundExchange
Sonos says it shouldn't have to face a suit claiming it and Napster failed to pay more than $3.4 million in royalties, interest and other costs related to the operation of Sonos Radio, saying it never had the responsibility of having to pay any royalties.
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September 10, 2025
Fla. Judge Chides Attys Over Discovery In High-Rise Ch. 11
A Florida federal judge on Wednesday chided attorneys over discovery deadlines in a Chapter 11 bankruptcy case involving a downtown Miami high-rise development, setting an October deadline to produce documents after requests weren't fulfilled on time.
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September 10, 2025
Disney Says Forged Doc Aids $532K 'Moana' Sanctions Bid
An attorney for Disney on Wednesday urged a California federal judge to issue $532,815 in sanctions against attorneys representing an animator who unsuccessfully alleged "Moana" lifted from his Polynesian adventure story, saying the lawyers knew or should have known a key document in the case is a forgery.
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September 10, 2025
FTC Warns Healthcare Employers About Noncompetes
The Federal Trade Commission has sent letters warning healthcare employers and staffing companies not to include overly broad noncompete restrictions in their employment contracts and urged them to conduct a review to ensure they comply with the law.
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September 10, 2025
Liberty Says Subcontractor's Insurer Must Defend Injury Row
A subcontractor's insurer must defend and indemnify companies insured by a Liberty Mutual unit on a primary basis in a worker's injury lawsuit, the unit argued to a New York federal court.
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September 10, 2025
OpenAI Can't Keep For-Profit Shift Docs From Musk
A California federal magistrate judge has said that OpenAI must produce key planning documents in Elon Musk's lawsuit challenging its attempted shift into a for-profit business, rejecting arguments that the information is protected because it could influence future takeover bids by the billionaire or future investments by Microsoft.
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September 10, 2025
Vehicle Cosmetics Co. Sues Over AI-Voice Suit Threats
A manufacturer of vehicle wax and wash products has sued a voice actor in Texas federal court, seeking a declaration that he doesn't have a claim for misappropriating his likeness, saying a rogue employee created an artificial intelligence-generated version of his voice and that no revenues were derived from it.
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September 10, 2025
Del. Justices Urged To Reverse Ad Co. Note Conversion Nix
An investor group attorney told three Delaware Supreme Court justices Wednesday that the Court of Chancery wrongly found last year that advertising tech company Vistar Media Inc. had a right to involuntarily cash out millions worth of matured investor notes despite noteholder claims their agreement never allowed the move.
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September 10, 2025
Quarry Blasting Suit Dropped By NC Construction Supplier
A construction company dropped its lawsuit against a blasting services and distribution business Wednesday in North Carolina federal court, after accusing it in June of botching an explosives operation at a Colorado quarry.
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September 10, 2025
Kirkland Adds Fintech Regulatory Partner From McDermott
Kirkland & Ellis LLP has enhanced its fintech regulatory compliance capabilities in New York with the addition of an experienced corporate partner who joins the firm from McDermott Will & Schulte.
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September 09, 2025
4th Circ. Debates Whether 'Silence' In 340B Empowers States
Two states told a Fourth Circuit panel on Tuesday that "silence" in the law governing the federal government's drug discount program permits state enforcers to step in and regulate the delivery of those drugs to their communities.
Expert Analysis
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Lessons From Liberty Mutual FCPA Declination
Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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FTC Focus: When Green Goals And Antitrust Law Collide
A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.
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How Bankruptcy Law Caps Landlords' Rejected Lease Claims
With corporate bankruptcy filings for the first half of the year at a 15-year high, landlords should be prepared for commercial tenants to use the bankruptcy process to reject unwanted leases in order to lessen corporate footprints and improve liquidity, say attorneys at Mintz.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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How To Address Tariff-Related Risks In Commercial Contracts
Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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A New IP Game Plan For College Football Players
For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.
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11th Circ. Ruling Shows Federal Question Jurisdiction Limits
The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
The Fallout Of Drake's Defamation Suit Against UMG
Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.