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Commercial Contracts
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October 27, 2025
X Gets AI Developer's Deplatforming Case Sent To Texas
An antitrust case accusing social media platform X of blocking competition was transferred to Texas, after a California federal court found the developer of software used to create artificial intelligence agents that operate on the platform agreed to a forum selection clause.
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October 27, 2025
Delta, Aeromexico Ask 11th Circ. To Halt Feds' JV Split Order
Delta Air Lines and Aeromexico have asked the Eleventh Circuit to freeze a Trump administration order directing them to scuttle their joint venture by Jan. 1, saying their legal challenge should first run its course and that unwinding their complex networks would be "tremendously burdensome."
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October 27, 2025
Ex-Startup CFO's Crypto Wire Fraud Trial Begins In Seattle
Federal prosecutors told a Seattle jury on Monday that the former chief financial officer of a Seattle-based startup committed wire fraud by funneling $35 million into his fintech venture that was wiped out during a subsequent cryptocurrency collapse, with defense counsel countering that "losing money with a bad investment is not a crime."
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October 27, 2025
Chubb Units Pull Water Main Break Suit Against Conn. City
Two Chubb insurance units have dropped their lawsuit alleging that the city of New Britain, Connecticut, owes them more than $1.8 million in coverage reimbursements because it was slow to respond to a water main break that caused severe flood damage.
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October 27, 2025
'Terrifier' Actor Sues Filmmakers Over Royalties, Nude Scene
An actor from the first "Terrifier" movie sued the filmmakers in California federal court Sunday, saying she is potentially owed millions of dollars in royalties and was subjected to sexual harassment and unsafe conditions during filming, including performing a nude scene without consent.
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October 27, 2025
Robinhood User Attys Forgo Fee Over 'Unusually High' Costs
Attorneys representing Robinhood users said they will forgo fees after racking up "unusually high" costs brokering the $2 million settlement of a consolidated class action alleging the investing platform failed to disclose financial interests, affecting how customers' orders were handled.
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October 27, 2025
Timeshare Co.'s Fee Dispute Sent Back To Fla. State Court
A Florida federal judge sent a timeshare company's complaint disputing legal fees back to state court, finding that a law firm didn't show that the amount it seeks meets the $75,000 threshold to keep the lawsuit in the U.S. District Court for the Southern District of Florida.Â
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October 27, 2025
NC Lot Owners Fight $1.45M Fee Assessment After Helene
Property owners in a private gated community in the mountains of North Carolina are suing to block a $1.45 million special assessment levied by the property association to pay for damage caused by Hurricane Helene.
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October 27, 2025
Designer Hits Commercial Developer With $15M Fraud Suit
A designer behind such brands as Citizens of Humanity and 7 For All Mankind filed suit against a developer and its founder in California state court, alleging the founder failed to uphold his promise to buy out $15 million of the designer's investments.
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October 27, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court and Delaware Supreme Court saw another busy week of disputes spanning biotech milestones, reincorporation showdowns, shareholder voting schemes and cryptocurrency fiduciary rights.
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October 24, 2025
11th Circ. Revives Edible Arrangements TM Suit
The Eleventh Circuit reinstated a trademark infringement case brought by Edible Arrangements against 1-800-Flowers on Friday, saying a lower court had improperly granted the latter company a win by finding that its competing conduct was a continuation of practices it had begun before a 2016 settlement agreement between the two parties.
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October 24, 2025
GNC Franchisee Cos. Largely Lose Bid To Toss Award Order
An international court judge has largely denied efforts by GNC franchisee businesses in Singapore and the Philippines to set aside an order enforcing arbitral awards totaling about $45 million that also enforced a contractual obligation to assign their 54 stores in Singapore to the health and wellness company.
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October 24, 2025
Investors Push To Find Crypto Firm Liable In Fraud Case
Investors alleging their cousin fraudulently talked them into investing in a cryptocurrency firm have asked a Michigan federal judge to grant them a partial early win and find the firm liable for selling unregistered securities to the public.
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October 24, 2025
Builder Awarded $1.4M In Subcontractor, Surety Breach Suit
A Florida state court awarded the general contractor for a luxury high-rise condominium in St. Petersburg nearly $1.4 million in damages after finding that a framing and drywall subcontractor and its payment and performance bond surety breached their respective contracts.
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October 24, 2025
Co. Tied To Alleged Long Con Can't Skirt Ex-NFL Player's Suit
A professional networking organization cannot sidestep a lawsuit by retired NFL player Mike Rucker and his wife claiming they were swindled by their longtime financial adviser, a state court judge ruled, finding the complaint fairly traces the couple's financial harm to the company.
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October 24, 2025
Judge Backs DOI, Calif. Tribe In $21M Waste Lease Dispute
A federal judge has given a quick win to the U.S. Department of the Interior and a California tribe in a challenge by a waste management company over a decision to cancel its 25-year project lease, saying the determination was not arbitrary or capricious.
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October 24, 2025
Amazon Stole Delivery Driver Restroom Routing IP, Suit Says
Amazon.com Inc. was accused of stealing another company's technology that can route delivery drivers to nearby restrooms, after entering a nondisclosure agreement during discussions of the product.
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October 24, 2025
Senior Care Exec Says CEO's Estate Must Repay $1.5M Loan
A Florida man who worked as chief business development officer for Connecticut's Maplewood Senior Living LLC says the estate of the organization's deceased CEO owes nearly $1.5 million on a 2016 loan that he previously refused to collect due to a personal friendship.
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October 24, 2025
Robinhood Calls Mass. Enforcers' Kalshi Suit A 'Threat'
Investment platform Robinhood told a federal judge it is entitled to pursue a declaratory judgment to avert actual and potential harm caused by a Massachusetts regulator's separate lawsuit against predictions market KalshiEX.
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October 24, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the Financial Conduct Authority launch legal action against a Chinese cryptocurrency exchange, The Londoner magazine face a defamation claim from an entrepreneur accused of "scamming" Knightsbridge landlords, and Gucci sued by its cosmetics supplier as L'Oréal announces plans to buy the Italian fashion house's beauty brand. Here, Law360 looks at these and other new claims in the U.K.
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October 23, 2025
Quinn Emanuel Loses Bid To Get $1.7M Bill From Sheriff Case
A California state appeals court Thursday shot down Quinn Emanuel Urquhart & Sullivan LLP's effort to recover a more than $1.7 million bill for representing a former Los Angeles County sheriff in a suit county supervisors lodged, finding that the sheriff lacked authority to retain the firm.
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October 23, 2025
Wash. Justices Skeptical Of Debtor's Collection Notice Stance
Washington Supreme Court justices appeared wary Thursday of second-guessing a Seattle federal judge who asked them to decide whether a hospital billing disclosure law applies to debt collectors, as the plaintiff in the underlying proposed class action pressed the court to "reformulate" the certified question. Â
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October 23, 2025
Ga. Panel Says Statute Noncompliance Dooms Crash Deal
The Georgia Court of Appeals reversed a trial court order granting a man's motion to enforce a settlement agreement in a personal injury suit where he was accused of hitting someone with his truck, finding the agreement wasn't a "valid offer capable of being accepted."
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October 23, 2025
Chancery Maps Out Math For Hefty Drug Co. Breach Interest
A Delaware vice chancellor late Thursday issued a road map for calculating tens of millions of dollars in interest due after a ruling in June that Alexion Pharmaceuticals failed a "best efforts" duty to fulfill an autoimmune drug candidate deal with Syntimmune Inc.
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October 23, 2025
NC Judge Dubious Of NASCAR's 'Cartel' Counterclaims
A North Carolina federal judge appeared skeptical Thursday of letting NASCAR bring to trial its antitrust counterclaims against a pair of stock car racing teams, one owned by retired NBA legend Michael Jordan, questioning how the teams could have colluded to force more favorable contract terms when there seems to be evidence NASCAR was able to negotiate with them individually.
Expert Analysis
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Google Damages Ruling Offers Lessons For Testifying Experts
The Federal Circuit's recent decision in EcoFactor v. Google represents a shift in how courts evaluate expert testimony in patent cases, offering a practical guide for how litigators and testifying experts can refine their work, says Adam Rhoten at Secretariat.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Rocket Mortgage Appeal May Push Justices To Curb Classes
Should the U.S. Supreme Court agree to hear Alig v. Rocket Mortgage, the resulting decision could limit class sizes based on commonality under Rule 23 of the Federal Rules of Evidence as opposed to standing under Article III of the U.S. Constitution, say attorneys at Carr Maloney.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Employer Best Practices For Navigating Worker Separations
As job cuts hit several major industries, employers should take steps to minimize their exposure to discrimination claims, information leaks and enforcement challenges, such as maintaining sound documentation, strategic planning and legal coordination, says Mark Romance at Day Pitney.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
IRS Should Work With Industry On Microcaptive Regs
The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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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.