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Commercial Contracts
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September 19, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen brokerage firm ADS Securities file a fresh claim against German entrepreneur Lars Windhorst, AmTrust and Endurance Worldwide Insurance tackle an ongoing £50 million ($67 million) dispute over a failed litigation and insurance scheme, and Howard Kennedy LLP sue the son of a diamond tycoon over a £3.1 million legal bill.
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September 18, 2025
AMG Must Face $85M Fintech Collapse Suit, Customers Say
Account holders and customers of fintech platforms urged a Colorado federal judge Wednesday to reject AMG National Trust Bank's bid to exit litigation attempting to hold it liable for monetary losses related to the collapse of fintech middleman Synapse, arguing AMG's motion is based on faulty data from a consulting group.
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September 18, 2025
Kong Toy Owners Blame Each Other For Deal Breach
After more than three weeks, the co-owners of dog toy maker Kong Co. LLC ended their bench trial over violated company agreements with closing arguments Thursday, with one side claiming they were being forced out while the other arguing they were being ripped off.
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September 18, 2025
Texas Co. Sues Over Unpaid Work On NJ Mall Gaming Site
An Austin, Texas, company is claiming in New Jersey state court that a client is hiding behind a web of companies to avoid paying $500,000 for a job to furnish and install lighting features at an interactive gaming attraction in New Jersey's American Dream mall.
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September 18, 2025
Wash. Panel Calls Gas Station Co.'s Insurance Delay Risky
Whether gas station operator Gull Industries Inc. is entitled to legal defense costs from Granite State Insurance Co. in long-running litigation over the company's environmental liability may ultimately boil down to timing, Washington state appellate judges suggested at a hearing Thursday.
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September 18, 2025
NC Judge Trims Feud Over Middle School Dance Team Name
The parties fighting over the rights to the name of a youth dance team were urged by a North Carolina federal judge on Thursday to resolve the disagreement on their own, after he streamlined the claims against each other and admonished them for the lengths they already have traveled to secure the team name.
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September 18, 2025
Former NRA President's Suit Split, Partially Moved To Va.
A lawsuit by the former president of the National Rifle Association alleging breach of contract against the gun rights organization was split by a federal judge Thursday, with Florida state law claims being kept in the Sunshine State and its contract-related claim moved to Virginia.
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September 18, 2025
Circuit Board Maker Fights $7.6M Trial Loss At 11th Circ.
A Chinese circuit board manufacturer asked the Eleventh Circuit on Thursday to reverse a ruling in its U.S. distributor's favor, arguing that the lower court improperly held it to a heightened pleading standard in their contract dispute, paving the way to a $7.6 million loss at trial.
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September 18, 2025
Cannabis Co. Says Insurer Shirked $900K Theft Coverage
The insurer for an online retailer of legal THC wrongfully denied coverage for losses stemming from a break-in at the business's Oklahoma warehouse, where nearly $900,000 in inventory was stolen, the retailer alleged in a North Carolina state court filing.
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September 18, 2025
Microsoft Whistleblower Suit Can Proceed, Judge Says
A former Microsoft worker can keep pursuing his federal whistleblower claim in his suit accusing the company of firing him for flagging compliance issues and misconduct, a Texas federal court ruled in its order determining the employee's alleged failure to utilize administrative proceedings does not bar him from bringing the claims.
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September 18, 2025
AI Firm's Ex-CTO Barred From Using Trade Secrets
A Washington federal judge has barred an artificial intelligence startup's former chief technology officer from using trade secrets to hurt the company, making disparaging statements about it or contacting the company's current or prospective customers.
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September 18, 2025
Fox Can't Strike Distributor's Evidence In Sports IP Fight
A New York federal court ruled that a Mexican sports broadcasting distributor provided enough support to retain evidence that could help it overturn sanctions for unlawfully using Fox Corp.'s trademarks, rejecting Fox's efforts to suppress the evidence.
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September 18, 2025
Footballer Drops Suit Against NCAA After Bid To Play Denied
The college football player who sued the NCAA over its denial of a waiver for him to play this season has dropped his case, after a North Carolina state judge denied his bid for a temporary restraining order that would have allowed him to suit up immediately.
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September 18, 2025
Harley-Davidson Says 7th Circ. Right To Toss Warranty Suit
Harley-Davidson is urging the Seventh Circuit not to hold an en banc rehearing on antitrust claims alleging its warranties prohibited off-brand parts, saying the panel was correct last month when it found the plaintiffs failed to allege the relevant market or that the warranty actually had any such prohibition.
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September 17, 2025
Live Nation Unit Sues Biz Partners Over Fla. Music Venue
A Live Nation subsidiary and majority owner of a prominent Miami club has sued its business partners over a music venue's operation in Florida federal court, alleging they became greedy and reneged on a carefully negotiated mediation agreement, resulting in a potential loss of millions of dollars and reputational damage.
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September 17, 2025
NCR Pushes For Full 11th Circ. Review In Pension Payout Spat
Software company NCR Corp. asked the full Eleventh Circuit on Tuesday to examine a pension payout fight with former executives in the wake of a three-judge panel's ruling last month that the company can't issue lump-sum payments to plan participants as alternatives to promised life annuities.
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September 17, 2025
Judge Probes Alleged Rivalry In Captive Insurer's Collapse
A North Carolina Business Court judge on Wednesday wanted help deciding whether a Georgia insurance company belongs in a fight over a defunct captive insurer's demise, but neither party seemed to have the answers he needed.
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September 17, 2025
Credit Investment Firm Sues UBS Over Naked Juice Loan Deal
A Connecticut branch of UBS faces a credit-investment firm's claims that UBS breached the terms of a loan participation agreement funding bottled juice company Naked Juice LLC after a restructuring of the agreement resulted in less favorable terms for the limited partnership.
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September 17, 2025
Conn. Gallery Owner Must Face 'Fake' Art Sale Claims
A Greenwich, Connecticut-based art seller should face a jury on claims that it sold a fake Keith Haring chalk drawing for $165,000 after vouching for its authenticity, a judge has ruled, denying a gallery's request for a quick win on eight of nine counts.
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September 17, 2025
5th Circ. Says Genesis Not Indemnified In Platform Injury Suit
The Fifth Circuit on Tuesday affirmed that Danos LLC is not required to indemnify Genesis Energy in the defense of a suit by a worker who fell during an oil platform repair, finding the contract between the companies is not covered by maritime law.
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September 17, 2025
Colo. Judge Denies ACE's Bid To Halt USA Cricket Split
A Colorado state judge refused Wednesday to stop USA Cricket from immediately ending its partnership with American Cricket Enterprises LLC, saying the sport's governing body must have a chance to be heard before deciding on ACE's request to maintain the agreement.
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September 17, 2025
Boeing, DOJ Say FAA Fines Don't Sway Conspiracy Case
Boeing and the federal government have told a Texas federal judge that the Federal Aviation Administration's recent proposal to fine Boeing $3.1 million for safety violations shouldn't factor into the 737 Max 8 criminal conspiracy case they're hoping to have wiped from the docket.
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September 17, 2025
Media Matters Again Denied Transfer Of X's Nazi Posts Suit
Media Matters for America must remain in Texas for X Corp.'s defamation lawsuit over a story about ads running alongside Neo-Nazi content, after a federal judge again refused Tuesday to transfer the case to California following a Fifth Circuit decision nixing a previous rejection of transfer.
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September 17, 2025
Don Jr.-Backed Patent Co. Hires Nokia Licensing Exec
SIM IP, the newest venture by high-profile patent monetizer Erich Spangenberg, has brought on Nokia's chief licensing officer to serve as managing director.
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September 17, 2025
Billionaire Vik Eyes $11.5M Fee After Beating Deutsche Bank
A lawyer for billionaire Alexander Vik told a Connecticut appeals panel Wednesday that a judge should have followed Turks and Caicos Islands law to award more than $11.5 million in attorney fees when he beat Deutsche Bank in a long-running lawsuit that sought to collect on a $243 million judgment over unpaid margin calls.
Expert Analysis
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A New IP Game Plan For College Football Players
For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.
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11th Circ. Ruling Shows Federal Question Jurisdiction Limits
The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
The Fallout Of Drake's Defamation Suit Against UMG
Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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SDNY Ruling Reinforces Joint Steering Committee Obligations
The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Unpacking Ore. Law's Limits On PE Healthcare Investment
A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
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Notable Q2 Updates In Insurance Class Actions
Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.