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Commercial Contracts
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August 08, 2025
FTC Maintains Support For Right-To-Repair In Med Robot Case
The Federal Trade Commission is providing important backing for a surgical repair company's Ninth Circuit bid to revive claims accusing Intuitive Surgical of blocking third parties from refurbishing components for its popular da Vinci surgery robot, in an amicus brief suggesting defending right-to-repair work remains important for the Republican-controlled agency.
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August 08, 2025
9th Circ. Sides With Amazon In Whole Foods Prime Perk Case
A Ninth Circuit panel on Friday refused to revive a California consumer's lawsuit over Amazon's decision to discontinue its free Whole Foods delivery perk for Prime members, pointing to subscriber terms reserving the e-commerce company's right to eliminate benefits.
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August 08, 2025
NJ Nonprofit Says Foundation Trying To Take Over Business
A nonprofit organization that trains law enforcement officers and educators to teach children about the dangers of drugs and violence has sued the foundation that provides its curriculum, alleging that the foundation is attempting to put it out of business.
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August 08, 2025
Papa John's No-Poach Deal Barely Clears Initial Hurdle
A Kentucky federal judge expressed lingering concerns despite giving initial approval to a $5 million settlement for claims from Papa John's employees over its past use of no-poach provisions in its franchise agreements after rejecting a previous approval bid.
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August 08, 2025
PE Firm Peppertree Gets $300M Award In Telecoms Fight OK'd
A New York judge is enforcing a $300.74 million damages award issued to the minority shareholders of telecommunications infrastructure firm Continental Towers LATAM Holdings Ltd. in a bitter dispute over control of the company, saying the majority shareholders had "fallen far short" of showing it should be vacated.
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August 08, 2025
Ga. Lawyer Sanctioned For False Entry Of Appearance
A Georgia attorney was slapped with sanctions from a state court judge who found that the lawyer spent six months falsely claiming he represented a defendant in a loan default suit, even after the defendant's true counsel warned him that he was lying to the court.
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August 08, 2025
Judge Rebuts 'Intemperate' Language In 'It Ends With Us' Row
A New York federal judge on Friday warned all litigants in actress Blake Lively's defamation case against her "It Ends With Us" co-star Justin Baldoni not to use "intemperate" language and personal attacks in court filings.
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August 08, 2025
Judge Tosses $150M Royalties Suit Against SiriusXM
A Manhattan federal judge has dismissed a suit against SiriusXM from a nonprofit royalty collector alleging $150 million in unpaid royalties, saying the dispute cannot be litigated under a certain section of the Copyright Act.
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August 08, 2025
Fight Over Choice Of Arbitrator Lands In Mass. Court
A weekslong disagreement over whether JAMS or the American Arbitration Association will serve as arbitrator in a dispute between a North Carolina bank and an employee in Massachusetts ended up in the place both sides were trying to avoid: a state court in Massachusetts.
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August 08, 2025
New Jersey Litigation Highlights For The 1st Half Of 2025
More than halfway through 2025, the New Jersey legal community has seen the state lose its case against one of the most politically connected figures to never hold office, as well as the federal government dropping its case against two former technology executives accused of bribing foreign officials. Here are some of the biggest decisions and ongoing cases to watch for the rest of the year.
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August 08, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the U.S. Securities and Exchange Commission target a British investor over a $10 million microcap fraud scheme, Merck Sharp & Dohme move against Halozyme Inc. following a recent clash over its patented cancer medicine, and Birmingham City Council sue a school minibus operator years after ending its contract over DBS check failures. Here, Law360 looks at these and other new claims in the U.K.Â
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August 07, 2025
Colo. Investor Claims It Was Cut From $132M Skyscraper Sale
A real estate investment firm that says it was wrongfully cut out of a $132 million purchase of a downtown Denver skyscraper at the eleventh hour sued the buyer, a private equity firm, in Colorado state court on Wednesday.
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August 07, 2025
NY AG, Ski Resort Square Up Over Resort Divestiture
A New York ski resort operator that bought a competing resort and shut it down must divest that resort to right the antitrust wrong a state judge found it had committed and restore competition to the market, the Empire State is arguing.
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August 07, 2025
9th Circ. Revives Homeowners' 'Reverse Mortgage Loan' Suit
A Ninth Circuit panel has revived a proposed class action against a company offering homeowners cash in exchange for a slice of their home equity, finding a Washington couple has shown their arrangement amounted to a reverse mortgage loan subject to special statutory requirements.
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August 07, 2025
Colo. Court Backs Landlord's Right To 'Fees On Fees'
In the first Colorado appellate decision to consider whether a prevailing party may recover attorney fees incurred to enforce a contractual fee-shifting provision, a state appellate panel ruled Thursday that a Denver coffee shop's landlord is entitled to an award of such fees.
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August 07, 2025
Amazon, DC AG Get Antitrust Trial Delayed To May 2027
The District of Columbia's antitrust suit accusing Amazon of not allowing sellers to offer their products for less on other platforms will not make it to trial until closer to mid-2027, after a D.C. judge agreed Wednesday to allow the parties to push back the original trial date by four months.
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August 07, 2025
'Cardiac Pack' IP Suit Is Decades Too Late, NC Judge Says
A North Carolina state court on Thursday dismissed a lawsuit brought by 12 members of North Carolina State University's 1983 "Cardiac Pack" basketball team alleging that the NCAA unduly profited from their name, image and likeness by rebroadcasting footage from their national championship run.
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August 07, 2025
Connecticut Litigation Highlights In The 1st Half Of 2025
Two separate royalty disputes — one $90 million, the other $4 million — involving two giants in the alcoholic beverages market are among the top corporate cases that crossed Connecticut court dockets in the first half of 2025.
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August 07, 2025
Vast Amazon Customer Class Greenlit In Price-Fixing Case
A Washington federal judge has certified a consumer class encompassing an estimated 288 million people who purchased goods on Amazon's marketplace since 2017, advancing a sweeping antitrust case accusing the e-commerce giant of inflating prices through its merchant policies.
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August 07, 2025
Anthem Seeks Exit From Lab's $3.8M Insurance Suit
Anthem Blue Cross Blue Shield of Connecticut again asked a federal judge to let it out of a lab's $3.8 million suit alleging the company failed to pay 3,000 insurance claims for medical tests, arguing that the lab's second amended complaint didn't make up for the deficiencies that got most of the first one dismissed.
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August 07, 2025
7th Circ. Backs $75M In Chicken Price-Fixing Settlements
The Seventh Circuit rejected an appeal from restaurants challenging $75 million in settlements inked in the broiler chicken price-fixing litigation with Koch Foods Inc. and House of Raeford Farms Inc., after finding an analysis of prices failed to show the deals were unreasonable.
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August 07, 2025
CoStar Asks Full 9th Circ. To Revisit Antitrust Ruling For Rival
Commercial real estate information company CoStar Group Inc. and a subsidiary are urging the Ninth Circuit to reconsider its ruling reviving antitrust counterclaims lodged by rival Commercial Real Estate Exchange Inc., which CoStar has accused in a suit of stealing property listing data and copyrighted photos.
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August 07, 2025
NC Biz Court Bulletin: Divorce Dust-Ups And Judicial Rebukes
Litigation in the North Carolina Business Court is heating up this summer with new complaints centered on fears a former state politician's divorce proceedings will impede his companies' operations and accusations that a climate technology company has failed to pay out a former engineer's ownership interest.
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August 06, 2025
Masimo Drops Founder Joe Kiani From 'Empty Voting' Suit
Masimo Corp. has agreed to free its founder, Joe Kiani, from the medical technology company's suit alleging he manipulated a shareholder vote through an "empty voting" scheme, pointing to "the interest of judicial efficiency and economy."
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August 06, 2025
Valve Won't Pay $21M Arb. Fee In Antitrust Fight, Gamers Say
About 15,000 users of Steam, one of the largest online sellers of video games, have accused the platform's operator, Valve, in a new proposed class action in Washington federal court of refusing to pay its nearly $21 million share in arbitration fees stemming from a series of individual antitrust disputes, in which consumers alleged the company inflated the price it charged for games.
Expert Analysis
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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What Contractors Can Do To Address Material Cost Increases
In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.
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Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion
The recent Delaware Superior Court ruling in Harman International v. Illinois National Insurance offers a critical framework for interpreting bump-up exclusions in management liability insurance policies, and follows the case law trend of narrow interpretation of such exclusions, says Simone Haugen at Tressler.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz
Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.
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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 sa¹ú¼Ê´«Ã½ 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.