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Commercial Contracts
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August 29, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Prosecco DOC Consortium bring an intellectual property claim against a distributor, the Serious Fraud Office bring a civil recovery claim against the ex-wife of a solicitor jailed over a £19.5 million fraud scheme, and law firm Joseph Hage Aaronson & Bremen LLP sue its former client, the bankrupt Indian tycoon Vijay Mallya. Here, Law360 looks at these and other new claims in the U.K.
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August 28, 2025
Email Excluded From Harassment Suit Against Paxton Deputies
A Texas federal judge on Thursday struck an email from a sexual harassment lawsuit brought against the founders of a law firm founded by former top attorneys in the Texas attorney general's office, but said the plaintiff could conduct discovery regarding the email.
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August 28, 2025
Hollywood Producer Stole $12M From Films, Others, Feds Say
A Hollywood producer was arrested Wednesday in South Carolina and accused of stealing $12 million from film projects and others by misappropriating funds and forcing productions to pay for COVID-19 testing that never occurred, the U.S. Department of Justice announced Wednesday.
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August 28, 2025
'Animosity' In NASCAR Suit Raises Red Flag For NC Judge
A North Carolina federal judge on Thursday cautioned out-of-state counsel in the NASCAR antitrust litigation to familiarize themselves with how a Charlotte jury thinks after they traded backhanded barbs in front of a packed courtroom, saying trial tactics that might pass in other states won't work in the Queen City.
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August 28, 2025
Barings Denied Ex-Employee Emails In Corporate Raid Case
Investment giant Barings LLC can't force five former employees to hand over their personal emails and text messages in a corporate-raiding suit because their current employer doesn't have them, nor does it have a right to them, a North Carolina Business Court judge ruled.
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August 28, 2025
Ex-Fugees Rapper Ordered To Pay $6.5M In Loan Dispute
A Georgia federal judge has ruled that former Fugees rapper Prakazrel Samuel "Pras" Michel must repay $6.5 million to a lender that accused him of fraudulently selling his music catalog while it was being held as collateral.
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August 28, 2025
Truist, Ex-Execs Clash In Bids To End Poaching Dispute
Charlotte, North Carolina-based Truist Financial Corp. and its mortgage banking arm resisted a bid for a pretrial win by its former executives' new employer, arguing that troves of evidence sustain its claims that over 50 employees were illegally poached, costing the bank tens of millions of dollars in losses.
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August 28, 2025
Appeals Court Reverses $2.1M Injunction Against Oil Broker
A Texas state appeals court reversed a temporary injunction barring a crude oil broker from transferring $2.1 million in assets it was paid for oil supplied by its partner, saying the trial court incorrectly determined that the company faced insolvency.
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August 28, 2025
Arkansas Court Dismisses Cherokee Casino License Claims
An Arkansas judge Thursday dismissed a challenge by Cherokee Nation entities over a gaming license in the state, saying the voter amendment that revoked it did not impair any of their contractual obligations and precedent forecloses on any damage claims.
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August 28, 2025
Court Rejects Tulsa Soccer Club's Suit Over Denied Venue
Soccer club Tulsa Athletics' attempt to force the National Premier Soccer League to approve its chosen home stadium in Tulsa was thrown out Thursday, after an Oklahoma federal judge found that the league had no contractual duty to accept the venue.
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August 28, 2025
Hyundai Urges Judge To Dash Dealer's Denied Relocation Suit
Hyundai has asked a Michigan federal judge to dismiss in full a dealership's suit claiming the automaker thwarted its plans to open a new showroom for a Hyundai-owned luxury car brand.
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August 28, 2025
Hawaii Transient Tax Is Unconstitutional, Cruise Cos. Say
The extension of Hawaii's 11% transient accommodation tax to cruise ship passengers under a new law violates the U.S. Constitution, a group of cruise companies told a U.S. district court.
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August 28, 2025
Wyndham Licensee Must Cover Sex Trafficking Claims
A New Jersey federal judge has found that a Wyndham Hotel Group LLC licensee can't escape an indemnity provision requiring it to cover the group in suits alleging sex trafficking was allowed to happen at the hotel.
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August 28, 2025
Hotel Group Says Insurer Owes $12.5M For Helene Losses
A hotel group said it is entitled to recover $12.5 million from a Liberty Mutual unit for business interruption losses stemming from Hurricane Helene, the company said, telling a North Carolina federal court that the insurer has unjustifiably and in bad faith refused to provide coverage.
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August 28, 2025
NFL, Teams Defend Stay In Licensed Merch Monopoly Case
The NFL, its 32 teams and Fanatics have asked a New York federal court to maintain a stay on a lawsuit that accuses them of colluding to monopolize online sales of league-licensed merchandise, arguing the outcome of a similar lawsuit is relevant to its litigation.
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August 27, 2025
Alter Domus Says Mogul Blocked Bidders From Asset Sale
In a seemingly rare move, an administrative agent seeking fulfillment of an award worth hundreds of millions of dollars challenged an auto mogul's purchase of his own trust's assets through a judicial sale, with an attorney arguing Wednesday that the $19 million sale is significantly lower than the assets' value and was made without a fair bidding process.
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August 27, 2025
Quinn Emanuel Fights Uphill To Collect On LA's $280K Bill
A Quinn Emanuel Urquhart & Sullivan LLP attorney on criticized a California appellate panel's tentative ruling affirming a court's order that the firm cannot collect roughly $280,000 in legal bills from Los Angeles County, saying Wednesday it gives "short shift" to the firm's arguments and "myopically" misses "the forest for the trees, frankly."
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August 27, 2025
Citizens Say FinCEN's Real Estate Transfer Rule Unlawful
Two citizens asked a Texas federal judge to throw out FinCEN's rule requiring disclosure of residential real estate transfers to corporate entities and trusts even when no money changes hands, saying the rule runs afoul of the Constitution.
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August 27, 2025
Ameritas Urges Ga. Justices To Void 'Life Wager' Policy
Ameritas Life Insurance Corp. urged the Supreme Court of Georgia Wednesday to hold that a trust that purchased a woman's investor-backed life insurance policy years after it was written can't collect after her death, warning the court that allowing the trust to do so would provoke "a run" of third-party policies in the state.
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August 27, 2025
Investor Wants $250K, SUV Returned In Cannabis Venture
A Los Angeles investor is suing a number of people and entities who convinced him to sink $325,000 into a real estate and cannabis dispensary holding company, only to end up with no shares in the business and to discover the company's success was exaggerated.
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August 27, 2025
Judge Allows Bulk Of Grand Theft Auto IP Suit To Proceed
A Los Angeles federal judge has allowed most of a copyright and trademark infringement suit brought by video game maker Take-Two Interactive Software Inc. against a website that sells cheat codes for Grand Theft Auto V to move forward.
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August 27, 2025
Ex-Software Co. Execs' Win Upheld In Retirement Plan Fight
The Eleventh Circuit has ruled software company NCR Corp.'s "top hat" retirement plans didn't allow the company to issue lump-sum payments to plan participants as alternatives to promised life annuities, affirming former company executives' win in the contract breach suit alleging they were shortchanged payouts from the plans.
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August 27, 2025
Bitcoin Miner Says Energy Co. Owes $2.6M After Contract Exit
A Washington energy company owes more than $2.5 million to a Canadian cryptocurrency outfit after prematurely quitting a bitcoin-mining agreement, the Toronto-based firm claims in a new federal lawsuit filed in Seattle.
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August 27, 2025
Widower Says Justices Need Not Hear Freight Broker Case
A widower has told the U.S. Supreme Court that the Sixth Circuit correctly determined federal law doesn't shield an Ohio-based freight broker from state-based negligence and personal injury claims over a 2019 accident that killed his wife.
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August 27, 2025
CoStar Says Copyright Claims Against CREXi Can't Wait
CoStar Group Inc. told a California federal court that Commercial Real Estate Exchange Inc. is continuing to use its copyrighted images and urged the court not to put its infringement claims on hold for the rival listing platform's "makeweight" antitrust counterclaims.
Expert Analysis
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How Bankruptcy Law Caps Landlords' Rejected Lease Claims
With corporate bankruptcy filings for the first half of the year at a 15-year high, landlords should be prepared for commercial tenants to use the bankruptcy process to reject unwanted leases in order to lessen corporate footprints and improve liquidity, say attorneys at Mintz.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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How To Address Tariff-Related Risks In Commercial Contracts
Companies' commercial agreements may not clearly prescribe which party bears the risks and consequences of tariff-related fallout, but cases addressing common-law defenses and force majeure have one key takeaway, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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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
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.