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Commercial Contracts
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October 01, 2025
Amazon Must Cough Up Return Records In Consumer Suit
Amazon must hand over certain information about its returns system to a group of consumers who claim that the company wrongfully denied them refunds for products they sent back, a Washington federal judge has determined, calling some of the company's objections "evasive" and "borderline frivolous."
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October 01, 2025
Wash. Appeals Panel Reopens Teachers' Pension Interest Suit
A Washington state appeals court unanimously revived a class action claim that accuses a state pension agency of unlawfully skimming interest from teachers' retirement accounts, holding that a lower court was wrong to decide that it couldn't take up the matter.
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October 01, 2025
Judge Orders Contempt Proceedings After $3.7M IP Judgment
A Washington federal judge has agreed to open contempt proceedings against the leaders of a company that was hit with a $3.7 million judgment in a suit over fire-resistant construction assembly product patents.
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October 01, 2025
DC Circ. Deems FERC-Approved Pipeline Rates Unjustly High
The D.C. Circuit wiped out FERC's approval of fuel rates charged by a Kinder Morgan unit's pipeline following an expansion project, saying the agency unfairly saddled gas producer Antero Resources Corp. with higher rates than other pipeline customers.
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October 01, 2025
Ship Manager Says Liability Shield Applies In Baltimore Wreck
The manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge last year has told a Maryland federal judge that it should be allowed to invoke a nearly two-centuries-old maritime law to limit its liability for the wreck.
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October 01, 2025
Inventor's $11M Award Slashed To $5M Over Pet Device IP
A New Jersey federal judge has hit two pet supply companies with a $5 million damages bill for misappropriating a woman's idea for a skin medicine applicator for dogs and cats, more than four years after the Federal Circuit faulted the original $11 million award in the long-running case.
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October 01, 2025
NASCAR Exec Says Team Was Warned About LGB Sponsors
A NASCAR executive told jurors on Wednesday that driver Brandon Brown's team had previously been warned the league would not sign off on any on-track promotion of the "Let's Go Brandon" phrase, but pursued approval of an LGBCoin sponsorship anyway in a manner the executive said was "disingenuous."
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October 01, 2025
States Accuse Zillow, Redfin Of Deal To End Competition
A coalition of states followed their federal counterparts with an antitrust lawsuit in Virginia federal court Wednesday accusing Zillow of paying Redfin more than $100 million to stop competing for the sale of rental housing advertisements on their listing services.
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October 01, 2025
UBS Says Ex-Advisers Poached $1.4B In Clients For New Firm
UBS Financial Services has accused several of its former financial advisers of violating nonsolicitation and confidentiality agreements by plotting to launch a rival firm and poaching clients with $1.4 billion in assets, damaging UBS and its other former employees still entitled to client revenue.
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October 01, 2025
3rd Circ. Hints Forum Query Premature In $139M Award Row
A Third Circuit panel wondered Wednesday whether a Delaware court asked the right question before it concluded that it lacked jurisdiction over a Chilean company's quest to rope an Italian contractor's U.S. assets into a bid to collect on a $139 million arbitration award.
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October 01, 2025
Fla. Judge Shuts Down Firm's Fee Fight With Film Producer
A Florida judge on Tuesday dismissed a long-running suit by a Miami law firm against a Hollywood producer after finding the firm had abandoned its opportunity to pursue its claim over allegedly unpaid attorney fees by waiting two years to find successor counsel after its last attorney withdrew.
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October 01, 2025
NFL Arbitration In Coaches' Bias Suit Paused During Redo Bid
The NFL's arbitration process in former Miami Dolphins coach Brian Flores' racial discrimination dispute will be paused while his motion to reconsider the ruling compelling the arbitration is being decided, a New York federal judge has ordered.
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October 01, 2025
Ford Loses Bid To Overturn $13M Verdict In IP Dispute
A Michigan federal judge on Tuesday said he wouldn't touch a verdict awarding $13 million to a California-based vehicle technology supplier that alleged Ford Motor Co. profited from misappropriating a trade secret related to the supplier's interface module product, finding the jury had "substantial" evidence to find in favor of the tech company.
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October 01, 2025
Travelers Unit Owes $3M In Apartment Defect Settlement
A Travelers unit owes $3 million to cover the bulk of a subcontractor's $4.5 million settlement over botched work at a Clemson University student housing development, a Georgia federal court ruled, finding the subcontractor's primary carrier responsible for only $1 million under a single policy period.
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October 01, 2025
InterDigital Wants Disney's Video Tech Antitrust Case Tossed
Wireless technology company InterDigital Inc. has asked a Delaware federal judge to dismiss an antitrust suit brought by Disney that claims InterDigital isn't offering reasonable licenses on patents for streaming video, saying the entertainment giant's claims were either deficient or time-barred.
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October 01, 2025
4th Circ. Won't Rethink Dance Teachers' Use Of 'Inspire' Name
The Fourth Circuit has rejected a North Carolina charter school's request to reconsider blocking two former teachers from using the name "Inspire" for their dance company, dealing the school another blow in its trademark infringement and false advertising suit.
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October 01, 2025
Mass. Court May Reluctantly Back DQ In Cannabis Feud
A "frustrated" intermediate appellate court in Massachusetts appeared unlikely Wednesday to second-guess a lower court's disqualification of counsel in a dispute over control of a cannabis business, even as it questioned whether it would make any difference in the ultimate outcome.
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September 30, 2025
McKinsey Trims Endo Suit But Can't Nix Indemnification Claim
A New York bankruptcy judge trimmed an adversary suit Monday claiming McKinsey & Co. Inc. should pay at least $1.5 billion to cover costs bankrupt pharmaceutical developer Endo International racked up defending against opioid claims, tossing nearly all allegations with leave to amend, but greenlighting an indemnification claim.
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September 30, 2025
Banker Defamed Jack Nicklaus After Pact Ended, Jury Told
Jack Nicklaus told a Florida state court jury on Tuesday that a banker and his associates defamed him after discontinuing a 15-year business relationship, saying their public relations campaign intentionally smeared his reputation after he refused to make a deal with Saudi Arabia.
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September 30, 2025
3rd Circ. Parses 'Could' And 'Would' In Lipitor Lawsuit
A Third Circuit panel questioned Tuesday whether drug wholesalers and health plans had offered enough evidence that Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay generic competition for the cholesterol drug Lipitor, focusing on whether the U.S. Food and Drug Administration would have approved the competitor earlier than November 2011.
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September 30, 2025
Biogen Told To Pay Genentech $88M After IP Royalties Mistrial
Biogen MA Inc. owes Genentech Inc. more than $88 million in royalties related to expired patents, a California federal judge ruled Tuesday in a rare post-mistrial verdict arrangement.
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September 30, 2025
LGBCoin Founder Says NASCAR Backtrack Cost $76M
The attorney behind the LetsGoBrandon.com Foundation told jurors Tuesday that a decision by NASCAR to revoke the approval of its sponsorship of a racing team cost the foundation $76 million and destroyed the value of its cryptocurrency LGBCoin.
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September 30, 2025
Wu-Tang Trade Secret Ruling Hints At New Way To Protect Art
A New York federal judge caused a splash last week when she ruled that a one-of-a-kind Wu-Tang Clan album can constitute a trade secret, and attorneys say the surprising decision could broaden the scope of trade secret protections to cover artistic works.
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September 30, 2025
Wash. MLS Asked About Fairness Of Banning 'Office Exclusives'
A Washington federal judge pressed Northwest Multiple Listing Service at a hearing Tuesday to explain how its board of directors justified limiting homeowners' options when listing their residential properties for sale.
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September 30, 2025
NY Court Ends $2.5M Bid In West Point Project Fight
A New York federal judge on Tuesday rejected a subcontractor's attempt to recover $2.5 million for construction work on a West Point Military Academy renovation, finding the company's claims are barred under state law because it never submitted written notices of dispute.
Expert Analysis
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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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.