The Fifth Circuit on Wednesday sided with a "geek therapy" company in a suit claiming it infringed the intellectual property rights of a role-playing game developer after their partnership soured, saying a licensing agreement allowed the company to use the content of the game.
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THURSDAY, NOVEMBER 5, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

5th Circ. Backs 'Geek Therapy' Co. In Roleplay Game IP Battle

By Adam Lidgett

The Fifth Circuit on Wednesday sided with a "geek therapy" company in a suit claiming it infringed the intellectual property rights of a role-playing game developer after their partnership soured, saying a licensing agreement allowed the company to use the content of the game.

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1st Circ. Revives Temu Suit Against IP Atty, Citing Jurisdiction

By Hailey Konnath

The First Circuit has revived Chinese e-commerce company Temu's lawsuit accusing an intellectual property attorney of lying to secure settlements with a pair of clients, finding that the lower court failed to consider jurisdictional questions.

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Woman Tells 11th Circ. Sexual Assault Gag Clause Is Invalid

By Carolina Bolado

A woman who claimed she was sexually assaulted by her former intimate partner asked the Eleventh Circuit on Wednesday to overturn a $2.7 million judgment against her for breaching a confidential agreement with the ex-partner, arguing the question of the contract's validity is one for a jury.

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NJ Justices Skeptical Court Can Void Jersey City Sewer Pact

By George Woolston

The New Jersey Supreme Court appeared skeptical Wednesday that it had the authority to void a decades-old settlement agreement requiring Jersey City to pay for the water treatment costs of nine municipalities, with justices questioning whether they were being asked to overrule the state's sewage authority law.

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Insurers Must Face Roofer's Contract Claims, Split Panel Says

By Hope Patti

A split North Carolina state appeals court on Wednesday revived 41 lawsuits brought by a commercial roofing contractor accusing insurers of wrongfully refusing to pay out storm damage repair claims that homeowners assigned under their policies, saying the company adequately pled valid assignments of rights.

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Fla. Jury Hears Suit Over Pact To Sell Mike Tyson-Brand THC

By David Minsky

A Florida state court trial commenced Wednesday in a dispute involving a company licensed to sell Mike Tyson-brand cannabis products, with former business partners telling jurors differing accounts on whether a valid agreement splitting ownership was formed. 

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Analysis

Attys Consider Corporate Implications Of Blue Texas

By Spencer Brewer

Texas attorneys have already started weighing new strategies in the wake of Texas' historic blue shift, led by a new attorney general and a new governor who have pledged to bring more industry regulation and consumer protections to the Lone Star State.

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CONSUMER PROTECTION

Delta Can't Toss Flyers' Windowless 'Window' Seat Fee Suit

By Lauren Berg

Delta Air Lines Inc. cannot shutter a proposed breach of contract class action brought by flyers who accuse it of charging premium fees for windowless seats that are misleadingly advertised as having windows, a New York federal judge ruled Wednesday, saying their claims are not preempted by federal law.

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EMPLOYMENT & BENEFITS

Colo. Co. Accused Of Misusing $400K Loan For HHS Deal

By Rachel Konieczny

A Colorado public benefit corporation breached a loan agreement by failing to use the $400,000 loan for its intended purpose and instead diverting the loan to settle a nearly $600,000 civil penalty with a federal government agency, according to a lender's lawsuit in Colorado state court.

Complaint attached | Read full article » | Save to favorites »

SECURITIES & WHITE COLLAR

Lender Says Del. Court Wrongly Voided $20M Loan Liens

By Jarek Rutz

A lender urged the Delaware Supreme Court on Wednesday to revive its claim to $20.4 million in security interests tied to loans to collapsed technology company Bitwise Industries, saying a contract protected it even if the company's executives lacked authority to pledge real estate as collateral.

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COMPETITION

Brands Urge 5th Circ. Not To Revive X's Ad Boycott Suit

By Matthew Perlman

Mars, CVS, Nestlé and other brands have told the Fifth Circuit a lower court was right to toss X Corp.'s advertising boycott case, arguing the social media platform sued only because it lost customers to competitors after being acquired by Elon Musk.

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Anthem Fights Rework Of Neurosurgery Group Antitrust Case

By Matthew Perlman

A pair of Anthem units are pushing back against a Long Island, New York, neurosurgery practice's bid to file an amended complaint accusing the insurer of driving down reimbursement rates, telling a New York federal court the changes fail to fix the problems that resulted in a previous dismissal.

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CANNABIS

Hemp Vape Maker Ditches Most Claims In THC Content Suit

By Mike Curley

A Texas federal judge has dismissed most of the claims from a smoke shop and its owners alleging Delta Munchies LLC misrepresented the THC content of its vape products, leaving only a breach of implied warranty claim to go forward.

Opinion attached | Read full article » | Save to favorites »

EXPERT ANALYSIS

Full Policy Payment May Not Bar Insurer Bad Faith In 9th Circ.

Establishing that an insurer acted within its contractual rights likely disposes of a breach-of-contract claim, however, following the Ninth Circuit's recent ruling in Quilbillies v. First American Title Insurance, the same showing may not dispose of bad faith, says Tracy Garcia at Cozen O'Connor.

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How Contracts Can Address Agentic AI Monitoring Risk

In light of two recent OpenAI incidents of artificial intelligence agents disabling their monitoring safeguards, companies deploying agentic AI should draft contracts reflecting the possibility that controls can fail, and identify who controls each safeguard, whether the AI agent can interfere, and how a failure will be detected, say attorneys at Zova Law.

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Opinion

The Invisible AI Danger That May Undermine Legal Profession

A public database tracking cases involving hallucinations generated by artificial intelligence recently surpassed 2,200 entries, but the bigger risk underlying attorneys’ use of such tools is that they will slowly surrender their judgment to AI and lose analytical skills, says Massachusetts District Court Associate Justice Brian Palmucci.

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LEGAL INDUSTRY

Gibson Dunn Set To Bring On 120 Lawyers From Weil

By Daniel Moritz-Rabson and Marialuisa Taddia

Gibson Dunn is set to hire the U.S. and London-based private funds teams from Weil Gotshal & Manges LLP, bringing on 120 attorneys in the largest group move reported since Weil's management committee recommended last week that the firm wind down operations.

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Analysis

Midterm Dem Wins To Scramble Lit Funding Legislative Efforts

By Ryan Boysen

Litigation funders can rest easy, for now, and the U.S. Chamber of Commerce will need to rethink its approach after last night's midterm elections saw Democrats rout Republicans, scrambling a yearslong effort for federal regulation of litigation finance that's so far relied on Republicans.

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State AG Race Wins Set To Give Dems Control Of Most Offices

By Madison Arnold

Democrats are poised to oversee a majority of state attorneys general offices around the country after Tuesday's elections saw the party hang on to all of its existing seats and flip control of five offices from the Republicans, according to unofficial election results.

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Goldstein Ordered To Pay Trimmed $1M Forfeiture

By Nadia Dreid

Former SCOTUSblog publisher Tom Goldstein was hit with a $1 million forfeiture order Wednesday by a Maryland federal judge in the wake of his tax and mortgage fraud trial, where the appellate advocate was convicted on a dozen charges.

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Analysis

Attys Ensure Voters' 'Right To Be Heard' In Midterm Elections

By James Boyle and Lynn LaRowe

From BigLaw attorneys and solo practitioners to university professors, thousands of attorney volunteers turned out for Tuesday's midterm elections to ensure American voters' ballots would be counted.

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DOJ Says Epshteyn Will Answer ABA Service Motion

By Jared Foretek

Trump advisor Boris Epshteyn will answer for himself why he has allegedly been evading subpoenas in the American Bar Association's legal challenge to the administration's law firm targeting campaign, the U.S. Department of Justice said on Wednesday.

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Holland & Hart Cost Ex-Client $23M Stake In Co., Suit Says

By Zach Dupont

Holland & Hart LLP and two of its attorneys were accused of malpractice in Colorado state court Tuesday by a former client who claims the attorneys failed to inform her that a wealth transfer plan with her then-husband left her iced out of the couple's most valuable asset.

Complaint attached | Read full article » | Save to favorites »

DOJ Accused Of Unlawfully Ending Crime Victim Agreement

By Tom Lotshaw

The National Crime Victim Law Institute has accused the U.S. Department of Justice in the U.S. Court of Federal Claims of unlawfully terminating a $500,000 cooperative agreement aimed at strengthening legal support for disabled crime victims in the wake of an executive order against diversity, equity and inclusion programs.

Complaint attached | Read full article » | Save to favorites »

Former DOJ Officials See Mixed Results In Midterm Races

By Chris Villani

The 2026 midterm elections included bids for office by several former U.S. Department of Justice officials and nominees for the federal bench, with one race a dead heat and several others decided as of early Wednesday.

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Dark blue promo that reads 2026 MVPs Dark blue promo that reads 2026 Regional Powerhouses

LAW FIRMS IN TODAY'S NEWS

Arnold & Porter

Assouline & Berlowe

Baker & Hostetler

Bell Nunnally

Blank Rome

Brooks Pierce

Butler Snow LLP

Butler Weihmuller

Campbell Litigation PC

Cantey Hanger

Clement & Murphy

Cloherty & Steinberg

Cooley LLP

Cozen O'Connor

Cranfill Sumner

Crowell & Moring

Duane Morris

Foley & Lardner

Gibson Dunn

Goldstein & Russell

Goodwin Procter

Gordon Fournaris

Harris Beach Murtha

Hart McLaughlin

Holland & Hart

Holtzman Vogel

Jackson Walker LLP

Keker Van Nest & Peters

Kelley Uustal

Kelly Hart

Kennedys Law LLP

King & Spalding

Kirkland & Ellis

Latham & Watkins

Lewis Brisbois

Lynn Pinker

Maraziti Falcon

Mayer Brown

McAndrew Vuotto

McAngus Goudelock

Morgan Lewis

Norton Rose

Patterson Belknap

Quinn Emanuel

Reed Smith

Ropes & Gray

Sergi & Associates

Sherrill & Gibson

Simpson Thacher & Bartlett

Skadden Arps

Spencer Fane

Springer & Steinberg

Susman Godfrey

Teague Rotenstreich

Troutman

Vicente LLP

Vidalia Law Firm

Vinson & Elkins

Weil Gotshal

Williams & Connolly

WilmerHale

Wilson Sonsini

Winston Taylor

Womble Bond

COMPANIES IN TODAY'S NEWS

Abbott Laboratories

American Airlines Group Inc.

American Antitrust Institute

American Bar Association

Ben & Jerry's Homemade Inc.

Boston University

CVS Health Corp.

Colgate-Palmolive Co.

Delta Air Lines Inc.

First American Financial Corp.

Google LLC

Instagram Inc.

International Legal Finance Association

JPMorgan Chase & Co.

LexisNexis Legal & Professional

LinkedIn Corp.

Meta Platforms Inc.

Microsoft Corp.

Nestle SA

Omni Bridgeway Ltd.

Onvia, Inc.

OpenAI OpCo LLC

Pinterest Inc.

RELX PLC

Stanford University

Temu

The Lawyers' Committee for Civil Rights Under Law

Thomson Reuters Corp.

Twitter Inc.

U.S. Chamber of Commerce

United Services Automobile Association

Wizards of the Coast LLC

X Corp.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Delaware Court of Chancery

Executive Office of the President

Federal Trade Commission

Health Resources and Services Administration

New Jersey Supreme Court

New York Attorney General's Office

Office of Justice Programs

Tennessee Department of Health

Texas Attorney General's Office

Texas Legislature

Texas State Senate

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maryland

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of Texas

U.S. District Court for the Western District of Washington

U.S. Drug Enforcement Administration

U.S. Immigration and Customs Enforcement

U.S. Navy

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the District of Montana