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Commercial Contracts
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July 23, 2025
Texas Appeals Court Says TCPA Motion Was Filed Too Late
A Texas appeals court on Wednesday found a company that was supposed to buy several orthodontic business assets filed a bid for dismissal under the state's anti-SLAPP laws too late, saying the motion was filed outside the 60-day window outlined in the statute.
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July 23, 2025
Wells Fargo Gets Partial Early Win In Processing Servicer Suit
A Tennessee federal judge has granted a partial early win to Wells Fargo and a merchant services provider in a breach of contract suit brought by so-called independent sales organization TX Direct, finding that the contract between the parties had already been terminated when TX Direct was allegedly locked out of a merchant onboarding portal.
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July 23, 2025
Tendit Accuses Ex-CEO Of Illegally Raising Rent Before Exit
A facility services company sued its former CEO this week in Colorado state court, aiming to void a lease she created with her real estate business a day before resigning that increased the company's rent by more than $7,000 per month.
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July 23, 2025
'No Prenup': David Geffen Accused Of Exploiting Ex-Husband
"Masquerading as a white knight," billionaire film producer David Geffen ensnared his now-estranged, decades-younger husband Donovan Michaels with promises of love, equality and life partnership, but Geffen broke all those promises when Michaels sought independence and equal footing in their marriage, according to a complaint filed in California state court.
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July 23, 2025
Amazon Shoppers Protest Proposed 'Mini-Trial' On Class Cert.
Consumers are fighting Amazon's bid for an evidentiary hearing in parallel antitrust suits before a Washington federal judge decides a pending class certification motion, insisting the company has had plenty of time to vet key opinions from the plaintiffs' economics expert.
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July 23, 2025
DC Co. Sues Société Générale Over $29M Loan Deal
A District of Columbia property owner has accused Société Générale Financial Corp. in D.C. federal court of violating an agreement related to a $29 million refinancing loan when the bank corporation refused to fund the loan after realizing that it couldn't find a favorable secondary market buyer for the loan.
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July 23, 2025
Alaska Airlines Hit With False Ad Suit Over Reduced Flights
Alaska Airlines was hit with a putative false advertising class action in California federal court Tuesday alleging its Flight Pass program promised cheap, fixed flight rates in return for monthly subscription payments, while hiding additional taxes, fees and significant premium charges for desirable flights and punishing cancellation policies.
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July 23, 2025
Yale Wins Bid To Keep $435M Hospital Sale Suit In State Court
A Connecticut federal judge has sided with Yale New Haven Health Services Corp., the state's largest hospital system, in sending a contract suit with a bankrupt hospital seller back to state court, finding that remand would best preserve court resources rather than transferring it to a bankruptcy judge in Texas.
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July 23, 2025
Chancery Denies Toss Of AT&T Cos.' Investor Payout Suits
A Delaware vice chancellor sent toward trial Wednesday a fleet of coordinated, derivative suits seeking hundreds of millions of dollars in damages from AT&T and affiliates for allegedly claiming excessive shares of partnership revenues, in a ruling that also limited time windows for some claims.
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July 23, 2025
Firm Can't Arbitrate After Filing Suit, 4th Circ. Says
A Maryland law firm and a debt buyer cannot force a debt collection dispute into arbitration, the Fourth Circuit ruled Wednesday, finding they waived their right to arbitrate when they filed their own collective action.
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July 23, 2025
7th Circ. Revives Part Of Solar Firm's Panama Grid Suit
The Seventh Circuit on Tuesday largely upheld an Illinois federal judge's ruling that Spanish energy company Avanzalia Solar could not pursue its claims that Goldwind Americas blocked and delayed access to the Panamanian power grid.
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July 23, 2025
Bird Marella And Bioscience Client Accused Of $87M Fraud
An investment group that includes a "Toy Story" screenwriter is suing a Culver City, California-headquartered bioscience company and its Bird Marella attorneys in California state court, accusing them of manipulating the valuation of a company whose acquisition they funded, in order to defraud investors of $87 million.
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July 22, 2025
Investor Sanctioned For Ignoring Telecom Arbitration Award
A New York federal judge has sanctioned an investor in telecommunications infrastructure firm Continental Towers LATAM Holdings Ltd. for ignoring an arbitral award issued in a bitter, yearslong dispute over control of the company, saying he hasn't done enough to vacate offending judgments in the British Virgin Islands.
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July 22, 2025
Wash. Appeals Court Affirms Biz Tax Rule For Drop Shippers
The Washington Court of Appeals upheld the state's rule on Tuesday that out-of-state wholesalers in drop shipment transactions are subject to a business tax when the customer that ultimately receives the product is within the Evergreen State's borders, rejecting a challenge from California IT distributor Synnex.
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July 22, 2025
NY Judge Backs Calif. Bioscience Co. In $15M Arbitration Row
A New York federal judge has ruled that a California-based bioscience company can enforce an arbitration award rejecting a more than $15 million claim asserted by a Hong Kong biopharmaceutical firm, saying there is no genuine dispute since the biopharmaceutical firm failed to respond.
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July 22, 2025
DOJ Backs Door Maker's Divestiture Order In 4th Circ. Appeal
The U.S. Department of Justice cleared a door maker's merger twice by the time a rival challenged the tie-up in court and won a landmark divestment order, but now the government is standing behind the company that won the order and asking the Fourth Circuit to keep it in place.
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July 22, 2025
Sandals Owes Longtime Ad Partner $50K In Copyright Trial
Resort giant Sandals owes nearly $50,000 to a former, longtime, advertising partner for copyright infringement regarding 33 photos and videos, a Florida federal judge ruled Monday following a bench trial, but found that over 600 other claimed works don't qualify for damages.
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July 22, 2025
Fubo Streamers Get Own Attys In Disney Suit
DiCello Levitt and Lite DePalma have won out over Bathaee Dunne in a battle to represent FuboTV subscribers suing Disney over ESPN streaming rates, with a judge saying he had "grave doubts" that Yavar Bathaee could adequately represent the plaintiffs after Bathaee undercut their case in a status conference.
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July 22, 2025
Fair Use Carveout Applies To Med Device Repairs, Judge Says
A D.C. federal judge has shot down two industry groups' challenge to a rule that placed medical device diagnostic procedures and repairs under fair use copyright exceptions, saying all of their challenges under the Administrative Procedure Act were unpersuasive.
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July 22, 2025
Jordan's Team Says NASCAR Is Trying To 'Rewrite History'
Michael Jordan's NASCAR team 23XI Racing accused the private stock car racing organization of filing a bad faith countersuit in the parties' antitrust battle, using it to extract a valuable aspect of a joint charter agreement.
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July 22, 2025
Pot Co. Claims Landlord Stole Trade Secrets, Started Rival Co.
A Los Angeles dispensary and cannabis grower has claimed that its landlord, the Art Rubinstein Family Trust, lured it into a business partnership so the landlord could steal trade secrets and later coerce the tenant into extending its lease, according to a lawsuit filed in California state court.
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July 22, 2025
Ex-Bank Worker's 401(k) Suit Must Be Arbitrated, 5th Circ. Told
A Laredo, Texas-based bank told the Fifth Circuit Monday that a former worker should be forced to arbitrate a proposed class action claiming the company failed to prudently invest employee retirement funds, even though the provision was added after his employment ended.
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July 22, 2025
Viks Demand End To Deutsche Bank's 'Egregious' Norway Suit
Billionaire Alexander Vik and his daughter have opened a new front in a 12-year litigation war with Deutsche Bank AG over an outstanding $243 million judgment, arguing in a Connecticut federal court complaint that the financial giant must end its own "vexatious" lawsuit against them in Norway because the issues were already decided in the Viks' favor.
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July 22, 2025
Lathrop GPM Adds Partner To Chicago Office
Lathrop GPM LLP has added a new Chicago-based partner to its tort, insurance and environmental practice group, the firm announced Monday, saying her practice primarily focuses on defending clients against product liability claims and claims involving exposure to toxic substances and transportation-related injuries.
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July 22, 2025
Amazon Pushes Back On FTC's Trial Time Extension Bid
Amazon has urged a Washington federal court to reject the Federal Trade Commission's bid to extend the agency's trial time in a lawsuit over automatically recurring Prime subscriptions, calling the proposal both unfair and baseless.
Expert Analysis
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Navigating Potential Sources Of Tariff-Related Contract Risk
As the tariff landscape continues to shift, companies must anticipate potential friction points arising out of certain common contractual provisions, prepare to defend against breach claims, and respond to changing circumstances in contractual and treaty-based relationships, say attorneys at Debevoise.
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How AI May Reshape The Future Of Adjudication
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
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.