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Commercial Contracts
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August 25, 2025
Construction Co. Can't Narrow Discovery In OT Dispute
A Michigan federal court on Monday refused to reconsider its decision allowing a worker to conduct classwide discovery in his overtime suit against a construction company, saying that the company could have pointed to a ruling in a similar case earlier.
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August 25, 2025
Radiology Co. Wants Arbitral Award Nixed Over 'Legal Fiction'
A Georgia-based radiology provider has urged a federal court to nix an arbitral award rejecting its $2 million fraud claim against an Indian company, saying the arbitrator "manufactured a legal fiction out of whole cloth."
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August 25, 2025
DOJ Wants $10.5M From Convicted Nursing Exec For Fraud
U.S. Department of Justice prosecutors asked a Nevada federal judge Friday for a $10.5 million preliminary forfeiture order against a nurse staffing executive convicted of wage-fixing, an amount that matches what he was paid for his staffing company after deceiving the buyer into thinking there was no criminal antitrust investigation.
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August 25, 2025
UMG Fights Salt-N-Pepa's IP Suit Over Masters
UMG Recordings Inc. urged a New York federal court Friday to toss Salt-N-Pepa's suit demanding the copyrights for several of their hip-hop hits, including "Push It" and "Let's Talk About Sex," arguing the artists can't terminate UMG's grant of rights, and even if they could, UMG can still exploit derivative remixes.
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August 25, 2025
Judge Flags Possible Conflict In Foley & Lardner Client Spat
A Texas appellate court told Foley & Lardner LLP and two of its former clients that one of its judges might have a conflict of interest precluding him from deciding the parties' dispute over the firm's alleged failure to disclose conflicts of interest.
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August 25, 2025
Feds, Wind Farm Backers Duel For Wins In Permitting Fight
As the Trump administration moves to halt work on multiple offshore wind projects, the government and wind farm backers have blasted each other's bids for quick wins in litigation challenging the stoppage of all federal reviews of wind projects.
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August 25, 2025
Judge Refuses To Bar NC BBQ Joint From Selling Sauces
A North Carolina federal judge has declined to block a chain of barbecue restaurants from selling its sauces and rubs through third-party retailers, saying the company that runs its sister restaurants had not shown that it will suffer irreparable harm without an injunction.
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August 22, 2025
Apple Says Ex-Employee Stole Watch Secrets For Oppo
Apple is going after a former employee on its Apple Watch team in a California federal lawsuit, claiming he stole trade secrets related to the wearable device to share with his new employer, Chinese phone maker Oppo.
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August 22, 2025
Ex-Tennis Channel Chief Says Sinclair Fired Him To Duck Pay
The former Tennis Channel president sued the network, the Sinclair Broadcast Group and others in California state court Friday, alleging that after he spent 20 years building the channel into a success, he was fired last year in a pretextual move to avoid paying him his equity options.
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August 22, 2025
DC Circ. Weighing $47M Award Is Told Due Process At Stake
A Mexican businessman at the center of an allegedly fraudulent loan scheme underpinning an international tribunal's $47 million award to a Canadian investor is urging the D.C. Circuit to cancel the award, calling the underlying arbitration a "blatant denial" of due process.
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August 22, 2025
Valve Says Users Can't Arbitrate After It Axed Gamer Clause
Valve is urging a Washington federal judge to block around 600 users of its video game platform from pursuing arbitration of consumer protection claims, saying the company nixed an arbitration clause from its subscriber agreement after a plaintiffs' attorney abused the previous terms.
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August 22, 2025
Bank Must Produce Records On Prepaid Debit Card Program
Former inmates accusing Central Bank of Kansas City of charging excessive fees on prepaid debit cards will be allowed to access certain records maintained by the financial service contractors the bank used to administer the cards, a Washington federal magistrate judge determined.
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August 22, 2025
NYC Mall Lenders, Developer Ax Foreign Investor Suit
A New York federal judge dismissed foreign investors' suit over the loss of their investment in a New York City mall project, finding they failed to prove their investments were lost because parties allowed their funds to be subordinated to later financing provided by a Goldman Sachs affiliate.
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August 22, 2025
BNSF Sued In Del. Over 19 Locomotive Purchase Terms
The Georgia-based owner of 19 locomotives leased to the nation's largest freight railroad in 2005 has sued in Delaware for their return, after Texas-headquartered BNSF Railway initiated a purportedly too-late, unilateral plan to hold and buy the equipment after a contested arbitration.
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August 22, 2025
NJ Judge Halts Ex-CEO's Sentencing After Habba Ruling
Citing a federal court ruling that the Garden State's U.S. attorney is serving unlawfully, a New Jersey federal judge issued an order Friday postponing indefinitely the sentencing of the ex-chief executive of SCWorx Corp., who had promoted a $670 million COVID-19 test kit deal that later fell apart.
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August 22, 2025
DLA Piper Boosts VC Practice With Goodwin Atty In NY
DLA Piper has added a longtime Goodwin Procter LLP partner to its emerging growth and venture capital practice in New York, the firm announced.
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August 22, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen football manager Bruno Lage sue the owner of Olympique Lyonnais and Botafogo football clubs, luxury fashion brand Christian Dior Couture target a jewelry business trading under the same name, and a Russian motorsports promoter take action against Formula One after it canceled its Russian Grand Prix in 2022.
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August 22, 2025
Real Estate AI Co. Can't Dodge $100M Share Deal Breach Suit
A New York federal judge has mostly denied reAlpha Tech Corp.'s bid to toss a Luxembourg-based investment firm's suit seeking to enforce a $100 million share purchase agreement, rejecting reAlpha's arguments seeking to toss the suit's breach of contract and damages claims but dismissing the plaintiff's declaratory judgment claim.
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August 21, 2025
Cannabis Cos. Face $2.9M IT Judgment After Unable To Pay Attys
Subsidiaries of Canadian cannabis company Halo Collective Inc. were hit with a nearly $2.9 million judgment over claims that they infringed on a Colorado-based firm's patents, losing the litigation after their attorneys withdrew because they could "no longer pay."
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August 21, 2025
Google Got App Data Profits After Pledging Privacy, Jury Told
A computer scientist testifying in a multibillion-dollar privacy lawsuit alleging Google LLC illegally collected data from 98 million cellphone users who had opted out of tracking told a California federal jury Thursday that the tech giant stores information about their app use in a "shadow account" and uses it to sell ads.
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August 21, 2025
Aerospace Co. Must Face Ex-Exec's Claim Of Wrongful Firing
A New Jersey federal judge cut defamation claims brought against an aerospace hardware company by its former president on Thursday, but allowed his wrongful-termination claims to proceed, finding that he sufficiently pled a causal connection between his protected whistleblowing activities and his firing.
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August 21, 2025
Family Urges 5th Circ. To Hold Penske Liable For Fatal Crash
The family of a man killed in a 2018 collision has told the Fifth Circuit that freight broker Penske cannot claim ignorance to escape liability for negligently hiring the unsafe motor carrier and driver who caused the Texas accident.
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August 21, 2025
Ex-Northwestern Coach Settles Firing Suit Over Hazing Probe
Northwestern University's former football coach Pat Fitzgerald has settled his contract breach and defamation suit alleging he was fired without cause amid an investigation into hazing claims, with the school announcing Thursday that evidence revealed during discovery showed Fitzgerald never condoned or directed any hazing, and no player reported hazing to Fitzgerald.
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August 21, 2025
OnlyFans Flags Bogus Citations In RICO Fraud Suit
Attorneys for a proposed class of OnlyFans subscribers alleging racketeering by the company notified a California federal judge Thursday that they would be seeking permission to fix earlier filings found to have errors created by artificial intelligence, days after the web platform's parent company notified the court of the citation errors.
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August 21, 2025
NC Judge Warns Sabotage Trial Might Be A 'Slugfest'
A North Carolina Business Court judge hinted Thursday that he might let a jury decide whether an ordinary person could deduce the identities of a couple who claim they were defamed online by their former friends, but he also urged the feuding families to consider what it might ultimately cost to take their case to trial.
Expert Analysis
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Google Case Amicus Briefs Reveal Patent Damage Fault Lines
The 21 amicus briefs filed before the en banc rehearing of EcoFactor v. Google offer opposing viewpoints on important patent damages issues that extend beyond the specific question the Federal Circuit eventually ruled on, helping practitioners anticipate and address likely objections to future damages opinions, say attorneys at Stout.
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How Trucking Cos. Can Keep Rolling Under Tariff Burdens
Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.
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Tariff Strategies For The US Renewable Energy Sector
The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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As Tariffs Hit The Radar, PE Counsel Should Review Strategies
As tariffs compound existing challenges in the private equity sector, counsel should consider existing headwinds such as interest rates and industry-specific impacts like supply chains and pricing power, which may help mitigate risks and capture opportunity, says Nathan Viehl at Thompson Coburn.
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Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Mass. Suit Points To New Scrutiny For Home Equity Contracts
The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Hints Of Where Enforcement May Grow Under New CFPB
Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the CFPB seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.
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Assessing Jurisdictional Issues In 2nd Circ. Bank Audi Case
The Second Circuit's reasoning last month in Raad v. Bank Audi that the exercise of personal jurisdiction must be based on conduct taking place within the jurisdiction reminds foreign financial institutions to continually monitor how plaintiffs are advocating for an expansive view of personal jurisdiction in the U.S., say attorneys at Freshfields.
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Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Mitigating Import Risks Around Southeast Asian Solar Cells
The U.S. Department of Commerce's recent final determinations in its antidumping and countervailing duty investigations into solar cells produced in certain Southeast Asian countries make it important for U.S. purchasers to consider risk mitigation strategies, including modifying supply chains and contractually assigning import responsibilities, say attorneys at Morgan Lewis.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.