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Commercial Contracts
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October 03, 2025
TD Bank Sent $1.1M To Scammer, Conn. Biz Says
A family-owned painting and contracting company sued TD Bank in Connecticut state court, alleging that the bank is responsible for the company losing more than $1.1 million to a scammer, which forced the business to freeze its payroll and cease operations.
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October 03, 2025
11th Circ. Backs Royalties Firm In Hip-Hop Payouts Dispute
The Eleventh Circuit on Friday affirmed a win for a music royalties firm in a case brought against one of the members of the '90s hip-hip duo Black Sheep for allegedly breaching his contract.
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October 03, 2025
DC Circ. Affirms Immunity Denial For Venezuela Oil Co.
A D.C. Circuit panel ruled Petroleos de Venezuela SA must face claims it unlawfully took over an Oklahoma business's rigs and property, backing a district court's decision to deny the state-owned oil company's bid for sovereign immunity.
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October 03, 2025
Deceased IP Attys' Names Worth $55K, Conn. Judge Rules
A Connecticut federal judge has declined to upend an expert's valuation amounting to $54,775 in a trademark infringement suit over the names of deceased law partners that appear in the masthead of intellectual property firm Ohlandt Greeley Ruggiero & Perle LLP, determining such a change is unwarranted.
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October 03, 2025
Insurer Fends Off Bad Faith Claim Over $1.8M Crash Award
A man injured in a car crash cannot bring a bad faith action against the other driver's insurer, a Florida federal court ruled, finding that the insurer's prompt tender of its policy limits to the man means it is protected under Florida's statutory "safe harbor" provision.
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October 03, 2025
The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
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October 03, 2025
Ga. Insurer Can't Skirt Suit Over NC Captive Insurer's Collapse
A Georgia insurance company can't slip out early from a fight over a defunct captive insurer's demise, a North Carolina Business Court judge has ruled, finding the company's owners directed actions into the Tar Heel state sufficient for it to be pulled into litigation there.
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October 03, 2025
Off The Bench: QB Wins In Court, 'Poaching' Feud Heats Up
In this week's Off The Bench, the NCAA's bid to overturn a football player's eligibility falls short, a transgender athlete wants a potential landmark U.S. Supreme Court case stopped, and a $55 million feud between two athletic conferences continues.
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October 03, 2025
$1T Tesla Pay Proposal Sets Ambitious Goals For Musk
A massive pay proposal for Tesla CEO Elon Musk contains performance metrics that would make it tough for Musk to pull in the maximum pay available, even if the deal gets a green light from shareholders in November. Here are four things about the $1 trillion pitch that have caught attorneys' attention.
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October 03, 2025
United Aims To Ground Passengers' 'Window Seat' Suit
United Airlines Inc. is asking a California federal court to throw out a proposed class action from two passengers alleging that the airline misled them by promising window seats, only to give them seats without windows, saying the complaint is preempted entirely by federal law.
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October 03, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen billionaire Michael Platt sue his former tax lawyer, five former Deutsche Bank staffers file claims against the German bank and an Italian financier issue a commercial fraud claim against the Vatican and UBS.
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October 03, 2025
NCUA, US Bank Settle Crisis-Era RMBS Trustee Lawsuit
The National Credit Union Administration Board and U.S. Bank told a New York federal judge that they have reached a settlement in principle in a suit over U.S. Bank's role as trustee for crisis-era residential mortgage-backed securities trusts.
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October 03, 2025
Justices Agree To Hear Freight Broker Negligence Case
The U.S. Supreme Court on Friday聽agreed聽to address conflicting appellate court decisions on whether federal law shields freight brokers from state-based negligence and personal injury claims.
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October 02, 2025
Jury Clears T-Mobile In Tower Builder's $20M Contract Suit
T-Mobile owes nothing to a cell tower company that sought more than $20 million over claims the wireless carrier broke a contract that allegedly guaranteed the company rights to develop 100 tower sites, a Washington state jury said in a verdict Thursday.
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October 02, 2025
NC Chief Judge Scolds Medical Supply Co.'s 'Rude' Demand
A North Carolina federal judge on Wednesday threw out a medical supply company's suit over COVID-19 test kit profits based on the Chinese citizenship of one party, adding that the plaintiff's impatience with the court amid a judge shortage was "rude."
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October 02, 2025
Peach State Panel Tosses $500K Verdict In Peach Picking Spat
The Georgia Court of Appeals ordered a new trial in a case where a jury awarded $500,000 worth of punitive damages to a peach grower who said his crop was ruined by another farmer, ruling that inadmissible evidence about their settlement talks was "likely significant" in securing the verdict.
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October 02, 2025
Ex-Fla. Rep Fights To Cut Tax Charges From Lobbying Case
A former Florida congressman on Thursday asked a federal judge in Miami to sever tax evasion charges from a criminal indictment alleging he and a political consultant failed to register as foreign agents while lobbying on behalf of Venezuela's state oil company.
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October 02, 2025
Polish Airline's Boeing 737 Max Fraud Suit Bound For Trial
A Washington federal judge on Thursday teed up for trial LOT Polish Airlines' suit alleging Boeing duped it into leasing defective 737 Max jets that were later grounded after two deadly crashes overseas, saying a jury should consider whether Boeing misrepresented risks about the jets to airline customers.
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October 02, 2025
Tesla Can't Nix Battery Maker's Arbitration Award, Judge Rules
A California federal judge has confirmed an arbitration award that guarantees a battery maker's right to sell its dry battery electrode equipment to parties other than Tesla, rejecting Tesla's contention that an arbitrator disregarded the law when interpreting the companies' intellectual property rights in the equipment.
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October 02, 2025
No Pay Owed To Flooring Co.'s Fired CEO, 11th Circ. Says
The Eleventh Circuit won't revive a suit from the former CEO of flooring manufacturer Interface Inc. claiming he was bilked out of a severance package after allegedly going on a drunken tirade at a company function, ruling Thursday that the executive's appeal impermissibly tried to advance a new reading of his contract.
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October 02, 2025
Jordan's Team Seeks Partial Antitrust Win In NASCAR Suit
The market for auto racing that NASCAR is accused of unjustly dominating has been clearly established and the organization's monopoly power is obvious, the two auto racing teams suing it told a North Carolina federal judge in asking for partial summary judgment in their antitrust suit.
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October 02, 2025
4 Mass. Rulings You May Have Missed In September
One attorney scored an early exit from a malpractice suit, another must face a long-delayed arbitration, and a judge聽has requested more information on a proposed settlement in a class action brought by gamblers at a Massachusetts casino. Here are four rulings from Suffolk Superior Court's business litigation session in September.
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October 02, 2025
Pac-12's Antitrust Suit Over Exit Fees Can Go On, Judge Says
The Mountain West Conference cannot escape a lawsuit over its demand for $55 million in "poaching" fees from the Pac-12 for luring away five universities, with a California federal judge ruling that there are plausible claims that the exit fees violate antitrust laws.
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October 02, 2025
Exec Says Beauty Co. Owes Her More After $1B L'Oreal Sale
A beauty brand that L'Oreal bought for around $1 billion plans to share less of the proceeds with its president than what she is owed, according to an anticipatory breach of contract suit filed in Connecticut state court.
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October 02, 2025
LinkedIn Sues Over Alleged 'Industrial-Scale' Data Scraping
LinkedIn Corp. sued ProAPIs, Netswift and its co-founder Rehmat Alam in California federal court Thursday, alleging the software-makers operate "industrial-scale" data scraping mills that violate LinkedIn's terms and numerous other laws by continuously creating fake accounts to extract LinkedIn's member data, which they then sell without permission.
Expert Analysis
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The Crucial Question Left Unanswered In EpicentRx Decision
The California Supreme Court recently issued its long-awaited decision in EpicentRx Inc. v. Superior Court, resolving a dispute regarding the enforceability of forum selection clauses, but the question remains whether private companies can trust that courts will continue to consistently enforce forum selection clauses in corporate charters, says John Yow at Yow PC.
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Why EpicentRx Ruling Is A Major Win For Business Certainty
The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Lessons From Liberty Mutual FCPA Declination
Liberty Mutual鈥檚 recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the bene铿乼s of voluntary self-disclosure, say attorneys at Paul Weiss.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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FTC Focus: When Green Goals And Antitrust Law Collide
A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.
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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 鈥 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 鈥 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 鈥 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.