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Commercial Contracts
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October 08, 2025
NASCAR Antitrust Case Judge Agrees To Settlement Talks
A North Carolina federal judge is asking NASCAR and two of its teams to appear in his courtroom with their chosen mediator after the private stock car racing company requested a judicial settlement conference to try to resolve their antitrust fight ahead of trial.
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October 08, 2025
DOJ Asks For Stay In PVC Antitrust Case Amid Criminal Probe
The U.S. Department of Justice is asking an Illinois federal court to pause discovery in a case accusing polyvinyl chloride pipe manufacturers of using a commodity pricing service to exchange information and fix prices while a grand jury investigates the alleged activity.
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October 07, 2025
Aetna COVID-19 Test Provider Sues Insurer For 'Unpaid' $53M
A Nebraska company that provided COVID-19 testing for Aetna has filed suit in California federal court, alleging that the insurer owes it more than $53 million for testing services but has refused to pay up.
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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.
Expert Analysis
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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.
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Art Fraud Cases Highlight Importance Of Due Diligence
Recent high-profile art fraud cases provide a helpful reminder that a healthy skepticism can prevent prospective buyers from becoming victims, and that lawyers can take steps to help safeguard their clients, say attorneys at Arnold & Porter.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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A Deep Dive Into Singapore's New Int'l Arbitration Rules
The latest revisions to the Singapore International Arbitration Centre's rules, effective as of Jan. 1, contain numerous innovative and industry-leading updates, including new rules on coordinated and emergency procedures, and third-party funding, say attorneys at WilmerHale.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Trump Likely To Prioritize Trade, Customs Fraud Enforcement
With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.
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Recent Suits Show Antitrust Agencies' Focus On HSR Review
The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Private-Bidding Compliance Lessons From Siemens Plea Deal
Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.
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FTC Report On AI Sector Illuminates Future Enforcement
The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.