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Commercial Contracts
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									October 09, 2025
									US Wind Fights For Countersuit Against Offshore Project FoesUS Wind Inc. is asking a Maryland federal court to allow it to proceed with claims against local governments and community, business and environmental groups that are challenging the approval of a wind energy project off the state's coastline. 
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									October 09, 2025
									NJ Justices Probe Insurer's Role In $12M Settlement FightThe New Jersey Supreme Court zeroed in Thursday on how far insurers can go in reserving their rights without taking a definitive position on coverage, as Mist Pharmaceuticals LLC accused Berkley Insurance Co. of stonewalling a $12 million settlement by hiding behind ambiguity in its "capacity exclusion" clause. 
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									October 09, 2025
									Texas Justices Weigh $26M Fracking Water Pipeline VerdictThe Texas Supreme Court pushed Equinor Energy LP on Thursday to explain how language in a contract gave it the right to seek water for fracking from other sources, asking why the company should get out of a $26 million verdict. 
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									October 09, 2025
									BeFrugal Marketing Firm Says Exec Steered Clients To RivalAffiliate marketing firm BeFrugal said in a lawsuit this week in Massachusetts state court that a senior vice president secretly co-founded a competing company, then steered major clients, including DirecTV and Samsung, to the new business. 
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									October 09, 2025
									7th Circ. Denies Rehearing In Harley-Davidson Warranty CaseThe Seventh Circuit again affirmed the dismissal of customers' challenge to terms and conditions in Harley-Davidson's motorcycle warranties that limit coverage when third-party parts are used. 
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									October 09, 2025
									Pet Owner Keeps State, But Not Fed., Elanco Tick Meds SuitAdvantix flea-and-tick medication maker Elanco Animal Health Inc. partially ducked a consumer proposed class action by convincing an Indiana federal judge to cut federal antitrust claims, but still must face state law allegations accusing it of paying off PetSmart, Petco and Chewy not to carry generic versions. 
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									October 09, 2025
									Baldoni Atty Faces LA Malpractice Suit Over Client 'Betrayal'Entertainment attorney Bryan Freedman has been accused in Los Angeles County Superior Court of turning his back on a former client, allegedly convincing him to sign an unfavorable settlement on trademark claims against "It Ends With Us" star Justin Baldoni, only to later begin representing the actor and director. 
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									October 09, 2025
									Judge Rejects Sanctions Bid In Ace Fire Loss SuitA Georgia federal court has rejected a Chubb unit's sanctions bid in a fire loss coverage dispute, finding that although its insureds failed to adequately join two individual defendants in a broader attempt to defeat the court's diversity jurisdiction, such conduct wasn't frivolous nor amounted to bad faith. 
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									October 09, 2025
									Ga. Panel Revives Broad & Cassel Malpractice ClaimsThe Georgia Court of Appeals has partially revived a legal malpractice suit filed against Broad & Cassel LLP over allegations that one of its partners blew an auto dealership's lawsuit in the midst of a mental health crisis, ruling that the claims may not have been filed too late after all. 
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									October 09, 2025
									Biotech Wins $367K From Ex-CEO In Conn. Conversion SuitA Connecticut jury has ordered the fired CEO of a flavoring and aroma firm, who is also a tax attorney, to pay the company more than $367,000 plus punitive damages after agreeing that he improperly sent himself money around the time of his termination and breached his fiduciary duties. 
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									October 09, 2025
									Fintech Exec May Claim Double Jeopardy Amid Judge ShuffleA former executive of payment processor Allied Wallet has filed a double jeopardy motion after the initial Massachusetts federal judge overseeing the fraud case recused himself, a second declared a mistrial and exited due to a family emergency, and a third flagged a potential conflict with a prosecutor. 
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									October 08, 2025
									Golf Execs Deny Discrediting Jack Nicklaus In NY LawsuitTwo executives with the company named after Jack Nicklaus testified in Florida state court on Wednesday that they played no role in providing defamatory statements in a New York lawsuit against the golf legend, denying that they also forwarded false claims to reporters and were involved with filing the complaint. 
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									October 08, 2025
									Decade-Old $139M Telecoms Award Still Unpaid, Court HearsIntel Capital Corp. and Deutsche Telekom AG are seeking to renew a judgment just shy of a decade old that enforces a roughly $139 million award against one of the founders of a Chinese wireless broadband company, telling a Michigan federal judge that they still haven't received a penny. 
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									October 08, 2025
									5th Circ. Wary Of TitleMax Affiliate's Aim To Skip Usury CaseA Fifth Circuit panel appears skeptical of a TitleMax affiliate's argument that it should get to escape the Pennsylvania Department of Banking and Securities usury case alleging the affiliate breached state law, saying Wednesday the proceedings looked like typical state police power. 
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									October 08, 2025
									Amazon Can't Nix Counterclaims In Calif. Solar Projects BattleAmazon can't dodge counterclaims in a dispute over the fallout from power purchase pacts tied to two California solar developments, a Washington state judge has said, finding the projects' backers have adequately alleged the tech giant spoiled the deals by abusing its dominance in the renewable energy market. 
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									October 08, 2025
									Ex-Hospital CEO Drops Fraud Suit Against Former EmployerThe former CEO of a Nevada-based psychiatric hospital operator has dropped her Colorado federal lawsuit alleging the company's president transferred contracts to his own business to avoid paying her severance and a consultation bonus after the company laid off all its employees. 
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									October 08, 2025
									Judge OKs Amazon's Evidence Clawback In Antitrust SuitsAmazon can claw back certain documents it handed over during discovery in a series of antitrust lawsuits alleging the company's merchant policies artificially raised market prices, a Seattle federal judge has ruled, rejecting objections raised by consumers suing the e-commerce giant. 
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									October 08, 2025
									NC Apartment Owner Hits Ch. 11 With Up To $50M In DebtA North Carolina-based corporation connected to real estate investment and construction development company Abranova has filed for Chapter 11 protection in North Carolina, listing up to $50 million in liabilities. 
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									October 08, 2025
									Software Co.'s Ex-Chair Faces Jurist Ire Over 'Sloppy' PracticesA New York federal judge expressed frustration with the former chairman of The Resource Group International Ltd. in his bid to challenge his ouster from the software investment company following a widely reported sexual harassment scandal, criticizing the executive's "sloppy and irresponsibly careless practices" in the proceeding. 
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									October 08, 2025
									Avon Trust Sues Insurers Over Coverage Of Talc LiabilitiesA trust established to pay asbestos claimants in Avon's Chapter 11 has urged a Delaware state court to rule that almost 30 insurers must help indemnify more than $225 million of the cosmetics company's talc injury liabilities, saying the insurance carriers had or would fail to do so. 
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									October 08, 2025
									Crypto Co. Sues Mercury Funds Over $270M Token DisputeA blockchain startup sued several entities of a venture capital firm on Wednesday, claiming they are trying to turn a $100,000 investment in the blockchain company's early-stage digital asset venture into $270 million worth of tokens by exploiting a contract typo that mistakenly tied token rights to all their shares. 
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									October 08, 2025
									Pioneer Used Winter Storm To Dodge Obligations, Court ToldPioneer Natural Resources USA Inc. failed to meet its end of a natural gas sale contract and cannot use Winter Storm Uri to dodge its obligations, an energy trading company told a Texas federal court during closing statements on Wednesday. 
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									October 08, 2025
									Teen Owes $50K In Video Game Hacking CaseA Canadian teenager who was accused of hacking the online video game Rec Room, harassing other users and thwarting bans has agreed to stay off the game and pay $50,000 to end a civil suit in Washington federal court brought by the game's developers. 
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									October 08, 2025
									Fox Wins $5.8M Judgment In Mexican Media Co. IP DisputeA New York federal judge on Wednesday awarded Fox Corp. $5.8 million from the leader of a Mexican media company as part of a lawsuit alleging that Fox's trademarks were wrongly being used in the country. 
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									October 08, 2025
									Discord Sued After User Info Leaked In Breach Of VendorCommunications platform maker Discord Inc. was hit with a proposed class action in California federal court Tuesday after one of its third-party customer support partners suffered a data breach that allowed unauthorized parties to access personal information belonging to Discord's users. 
Expert Analysis
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								How AI May Reshape The Future Of Adjudication.png)  As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton. 
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								When Legal Advocacy Crosses The Line Into Incivility  As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie. 
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								Florida Case Could Redefine Construction Defect Damages  If a Florida appellate court overturns the trial court in a pending construction contract dispute, the state could experience a seismic shift in construction defect damages, effectively leaving homeowners and developers with an incomplete remedy, says Andrew Gold at Akerman. 
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								Indemnity Lessons From Mass. Construction Defect Ruling  The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' statute of repose, should spur design and construction professionals to negotiate limited provisions, says Christopher Sweeney at Conn Kavanaugh. 
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								When Reshoring, IP Issues Require A Strong Action Plan  With recent headlines highlighting tariffs as high as 3,521%, more firms will contemplate reshoring manufacturing to the U.S., and they will need to consider important intellectual property issues as part of this complex, expensive and lengthy undertaking, say attorneys at Norton Rose. 
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								Series Volunteering At Schools Makes Me A Better Lawyer  Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy. 
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								Attacks On Judicial Independence Tend To Manifest In 3 Ways  Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University. 
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								4 Strategies For De-Escalating Hospitality Industry Disputes  As recent uncertainty in the travel business exacerbates the risk of conflict in the hospitality sector, industry in-house counsel and their outside partners should consider proactive strategies aimed at de-escalating disputes, including preserving the record, avoiding boilerplate clauses and considering arbitration, say Randa Adra at Crowell and Stephanie Jean-Jacques at Hyatt. 
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								Series Law School's Missed Lessons: Appreciating Civil Procedure.jpg)  If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey. 
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								Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use  The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman. 
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								In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable  The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton. 
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								'A Deal Is A Deal': Tariffs No Excuse To Dodge Contract Terms  Tariff policy uncertainty is unlikely to be a basis for allowing a party to avoid contractual obligations, but businesses can still plan for future disputes related to pricing, operations and the supply chain, including with the addition of tariffs to any force majeure provision, say attorneys at Arnold Porter. 
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								How Attorneys Can Become Change Agents For Racial Equity  As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School. 
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								Series Running Marathons Makes Me A Better Lawyer  After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie. 
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								3 Mistakes To Avoid In Service Provider AI Terms  Every service provider contract doesn't need extensive artificial intelligence provisions, because when poorly drafted, they create impracticable obligations, miss important distinctions and may reflect wrong understanding of the law, says Chris Wlach at Huge Inc.