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Commercial Contracts
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September 04, 2025
Engineers' UConn Housing Flub Cost $1.25M, Developer Says
Engineers working on a University of Connecticut dormitory project failed to note that the planned fifth-floor penthouses violated building and fire codes, leading to $1.25 million in costs and lost revenue for the developer, according to a lawsuit in state court.
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September 04, 2025
OnlyFans' Parent Says AI-Tainted Briefs Are Unsalvageable
The online platform OnlyFans' parent company said that a bid to correct legal briefs in a proposed class action against the company should be denied, arguing that the decision to use artificial intelligence to create mistake-riddled documents is severe misconduct and the briefs should be struck instead.
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September 04, 2025
NC Player Sues NCAA Over Eligibility Rule Enforcement
A college football player has sued the NCAA in North Carolina's business court alleging the organization violated state antitrust laws by denying him a waiver to play during the current season, ignoring that it was a coach's error that exhausted a year of his eligibility.
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September 04, 2025
US Steel, Nippon Drop Suit Against Cleveland-Cliffs, USW
U.S. Steel and its new parent company, Nippon Steel, have ended their lawsuit accusing rival steelmaker Cleveland-Cliffs Inc. and the United Steelworkers union of attempting to sabotage their merger earlier this year.
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September 04, 2025
Ohio Cannabis Card Network Sued Over Faulty Cybersecurity
An Ohio man is suing Ohio Medical Alliance LLC in federal court, alleging that its lackluster cybersecurity measures exposed more than 950,000 records containing private health information for its users.
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September 03, 2025
11th Circ. Urged To Revisit Ruling On French Shipwreck Claim
An underwater salvage outfit has asked the Eleventh Circuit to reconsider an appeals panel's decision that the Sunken Military Craft Act blocks the company's salvage rights to a sunken ship without France's consent, arguing that the panel misinterpreted the act.
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September 03, 2025
Judge Waves Off Need To Block NASCAR Charter Sales
A North Carolina federal judge on Wednesday denied another request for a preliminary injunction in two NASCAR teams' breakneck antitrust battle against the racing organization, finding its commitment not to sell any more charters this season is enough for the teams ahead of a December trial.
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September 03, 2025
Radio Host Hit With IP Suit Over Hulk Hogan Sex Tape Doc
Florida radio host Bubba the Love Sponge Clem has been hit with an intellectual property lawsuit in federal court to try to stop him from releasing a documentary about the Hulk Hogan sex tape scandal.
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September 03, 2025
Amazon Targets 3 Groups Over Alleged 'Refund Abuse' Scams
International crime rings have fleeced Amazon for nearly $1 million in cash and merchandise through sophisticated manipulation of the company's return process, the retail giant has claimed in a trio of lawsuits filed in Washington federal court.
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September 03, 2025
Insurers Argue NC Law Doesn't Apply In Tanger's COVID Suit
Two major insurance companies shouldn't be subject to North Carolina law in a dispute over a commercial property insurance policy they penned with a Tar Heel State-based retail outlet owner, one of the insurer's counsel told North Carolina's business court in a Wednesday hearing.
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September 03, 2025
Liberace Piano Dispute Returns To 1st Circ. After Gibson Win
A Massachusetts music shop took its campaign to hold onto Liberace's rhinestone-encrusted piano to the First Circuit for the second time Wednesday, telling the appellate court that Gibson Guitars should never have been allowed to ask a jury for its return.
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September 03, 2025
Ex-Twitter Worker Fights X's Arbitration Push At 9th Circ.
X waived its arbitration rights in a $20 million severance suit and should not be able to challenge a district court's decision keeping the case in court, Twitter's former chief marketing officer told the Ninth Circuit.
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September 03, 2025
Special Master Says Sherwin-Williams' Conduct Merits Fees
A special master has recommended that a Pennsylvania federal court require paint maker Sherwin-Williams to pay fines, including attorney fees, due to its "unreasonably aggressive litigation strategy" in a patent dispute with a rival.
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September 03, 2025
Stoel Rives Gets Pot Co. Fraud Case Sent To Arbitration
A California federal judge has sent a nonalcoholic cannabis beer company's claims alleging it was duped by Stoel Rives LLP and its clients into spending $2.2 million on an illicit business to arbitration, saying it can't escape a valid arbitration clause by refusing to participate.
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September 02, 2025
Google Advertisers' Attys Get $30M As $100M Deal Approved
A California federal judge on Friday granted final approval of a $100 million settlement resolving a long-running certified class action that accused Google of overcharging for advertisements, authorizing $30 million in attorney fees as part of the deal — more than a $25 million benchmark but below a desired $33 million.
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September 02, 2025
5th Circ. Judge Says Reimbursement Drop 'Not Chicken Feed'
A U.S. Circuit judge pushed the government to explain the policy rationale behind lowering how much hospitals can recoup in Medicare reimbursements for treating low-income patients who use state-specific programs, saying Tuesday the rule was seemingly aimed at "screwing these hospitals out of reimbursements."
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September 02, 2025
Amazon Judge Unseals Ruling Certifying Huge Antitrust Class
A largely unredacted version of a Washington federal judge's order certifying a class of roughly 300 million consumers in a sweeping antitrust case accusing the e-commerce giant of inflating prices through its merchant policies was filed Friday, offering a window into the court's viewpoints after the initial order was sealed.
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September 02, 2025
Financial Firm Can't Pierce Atty-Client Privilege, Judge Rules
Wealth Enhancement Group LLC cannot override privilege laws to view communications between a former financial adviser's new employer and its lawyers at Spencer Fane LLP, according to a Connecticut judge who viewed the contested documents privately.
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September 02, 2025
5th Circ. Says Firm Is Making 'Circular Problem' In Doc Dispute
A Fifth Circuit panel pushed back Tuesday on a law firm's assertion that it gets to keep documents associated with a $30 million settlement with Ocwen Financial Corp. even though those documents were allegedly used to breach the settlement agreement, saying they were making a circular argument.
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September 02, 2025
2nd Circ. Affirms Arizona Iced Tea's Audit Expense Coverage
Hanover Insurance Co. must cover the maker of Arizona Iced Tea for additional audit expenses from a power surge that erased years of financial data, the Second Circuit determined Tuesday, finding that delays and additional costs were directly traced to the surge and therefore covered.
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September 02, 2025
FTC, Amazon Urged To Iron Out Antitrust Discovery Tiff
A Washington federal judge handling the Federal Trade Commission's landmark antitrust case against Amazon suggested on Tuesday the parties continue working toward a solution after the commission protested that the company failed to pass on documents received from other online retailers in related litigation in California.
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September 02, 2025
Md. Says Liability Shield Doesn't Apply To Dali Ship Manager
The state of Maryland, injured plaintiffs and other claimants have told a federal judge that the manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge last year cannot invoke a nearly two centuries old maritime law to limit its liability for the wreck.
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September 02, 2025
4th Circ. Won't Stop Dance Teachers From Using 'Inspire' TM
A charter school failed to convince the Fourth Circuit to block two former teachers from using the name "Inspire" for their dance company, with a panel finding Tuesday that the school's trademark infringement and false advertising claims didn't have enough juice.
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September 02, 2025
NASCAR Limits Charter Sales Amid Antitrust Trial Pressure
Hoping to avoid a preliminary injunction, NASCAR has agreed not to sell any charters this season and to limit sales next season in an effort to appease the teams accusing the organization in a North Carolina federal court lawsuit of monopolizing stock car racing.
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September 02, 2025
NJ Judge Tosses REIT Shareholders' Liquidation Suit
A New Jersey federal judge has rejected a proposed class action filed by shareholders accusing several real estate investment trusts and other parties of misleading them in order to avoid liquidating the REITs, ruling the claims must be thrown out without prejudice.
Expert Analysis
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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5 Key Licensing Considerations For AI Innovations
As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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How The CRE Industry Is Adapting To Tariff Uncertainty
Amid uncertainty about pending tariffs and their potential ripple effects, including higher material costs, supply chain delays and tighter margins, commercial real estate industry players are focusing on strategic planning and risk mitigation, says Daniel Diaz Leyva at Day Pitney.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Perfecting Security Interests In Renewable Energy Tax Credits
The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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The Central Issues Facing Fed. Circ. In Patent Damages Case
The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.