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Commercial Contracts

  • October 01, 2025

    NYT Wants Justin Baldoni To Cough Up Defamation Suit Fees

    The New York Times on Tuesday sued "It Ends With Us" director and star Justin Baldoni's production company, claiming the company must cover the $150,000 in legal fees and court costs the paper racked up while defending itself in defamation litigation that "had no basis in law or fact."

  • October 01, 2025

    Drone Maker Can't Arbitrate Minor's Suit Over Eye Injuries

    A Texas federal judge on Tuesday rejected a motion to compel arbitration in a case brought by a minor who was legally blinded in one eye by a drone, finding that the minor had disavowed the arbitration agreement both when he was underage and when he turned 18.

  • October 01, 2025

    Amazon Must Cough Up Return Records In Consumer Suit

    Amazon must hand over certain information about its returns system to a group of consumers who claim that the company wrongfully denied them refunds for products they sent back, a Washington federal judge has determined, calling some of the company's objections "evasive" and "borderline frivolous."

  • October 01, 2025

    Wash. Appeals Panel Reopens Teachers' Pension Interest Suit

    A Washington state appeals court unanimously revived a class action claim that accuses a state pension agency of unlawfully skimming interest from teachers' retirement accounts, holding that a lower court was wrong to decide that it couldn't take up the matter.

  • October 01, 2025

    Judge Orders Contempt Proceedings After $3.7M IP Judgment

    A Washington federal judge has agreed to open contempt proceedings against the leaders of a company that was hit with a $3.7 million judgment in a suit over fire-resistant construction assembly product patents.

  • October 01, 2025

    DC Circ. Deems FERC-Approved Pipeline Rates Unjustly High

    The D.C. Circuit wiped out FERC's approval of fuel rates charged by a Kinder Morgan unit's pipeline following an expansion project, saying the agency unfairly saddled gas producer Antero Resources Corp. with higher rates than other pipeline customers.

  • October 01, 2025

    Ship Manager Says Liability Shield Applies In Baltimore Wreck

    The manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge last year has told a Maryland federal judge that it should be allowed to invoke a nearly two-centuries-old maritime law to limit its liability for the wreck.

  • October 01, 2025

    Inventor's $11M Award Slashed To $5M Over Pet Device IP

    A New Jersey federal judge has hit two pet supply companies with a $5 million damages bill for misappropriating a woman's idea for a skin medicine applicator for dogs and cats, more than four years after the Federal Circuit faulted the original $11 million award in the long-running case.

  • October 01, 2025

    NASCAR Exec Says Team Was Warned About LGB Sponsors

    A NASCAR executive told jurors on Wednesday that driver Brandon Brown's team had previously been warned the league would not sign off on any on-track promotion of the "Let's Go Brandon" phrase, but pursued approval of an LGBCoin sponsorship anyway in a manner the executive said was "disingenuous."

  • October 01, 2025

    States Accuse Zillow, Redfin Of Deal To End Competition

    A coalition of states followed their federal counterparts with an antitrust lawsuit in Virginia federal court Wednesday accusing Zillow of paying Redfin more than $100 million to stop competing for the sale of rental housing advertisements on their listing services.

  • October 01, 2025

    UBS Says Ex-Advisers Poached $1.4B In Clients For New Firm

    UBS Financial Services has accused several of its former financial advisers of violating nonsolicitation and confidentiality agreements by plotting to launch a rival firm and poaching clients with $1.4 billion in assets, damaging UBS and its other former employees still entitled to client revenue.

  • October 01, 2025

    3rd Circ. Hints Forum Query Premature In $139M Award Row

    A Third Circuit panel wondered Wednesday whether a Delaware court asked the right question before it concluded that it lacked jurisdiction over a Chilean company's quest to rope an Italian contractor's U.S. assets into a bid to collect on a $139 million arbitration award.

  • October 01, 2025

    Fla. Judge Shuts Down Firm's Fee Fight With Film Producer

    A Florida judge on Tuesday dismissed a long-running suit by a Miami law firm against a Hollywood producer after finding the firm had abandoned its opportunity to pursue its claim over allegedly unpaid attorney fees by waiting two years to find successor counsel after its last attorney withdrew.

  • October 01, 2025

    NFL Arbitration In Coaches' Bias Suit Paused During Redo Bid

    The NFL's arbitration process in former Miami Dolphins coach Brian Flores' racial discrimination dispute will be paused while his motion to reconsider the ruling compelling the arbitration is being decided, a New York federal judge has ordered.

  • October 01, 2025

    Ford Loses Bid To Overturn $13M Verdict In IP Dispute

    A Michigan federal judge on Tuesday said he wouldn't touch a verdict awarding $13 million to a California-based vehicle technology supplier that alleged Ford Motor Co. profited from misappropriating a trade secret related to the supplier's interface module product, finding the jury had "substantial" evidence to find in favor of the tech company.

  • October 01, 2025

    Travelers Unit Owes $3M In Apartment Defect Settlement

    A Travelers unit owes $3 million to cover the bulk of a subcontractor's $4.5 million settlement over botched work at a Clemson University student housing development, a Georgia federal court ruled, finding the subcontractor's primary carrier responsible for only $1 million under a single policy period.

  • October 01, 2025

    InterDigital Wants Disney's Video Tech Antitrust Case Tossed

    Wireless technology company InterDigital Inc. has asked a Delaware federal judge to dismiss an antitrust suit brought by Disney that claims InterDigital isn't offering reasonable licenses on patents for streaming video, saying the entertainment giant's claims were either deficient or time-barred.

  • October 01, 2025

    4th Circ. Won't Rethink Dance Teachers' Use Of 'Inspire' Name

    The Fourth Circuit has rejected a North Carolina charter school's request to reconsider blocking two former teachers from using the name "Inspire" for their dance company, dealing the school another blow in its trademark infringement and false advertising suit.

  • October 01, 2025

    Mass. Court May Reluctantly Back DQ In Cannabis Feud

    A "frustrated" intermediate appellate court in Massachusetts appeared unlikely Wednesday to second-guess a lower court's disqualification of counsel in a dispute over control of a cannabis business, even as it questioned whether it would make any difference in the ultimate outcome.

  • September 30, 2025

    McKinsey Trims Endo Suit But Can't Nix Indemnification Claim

    A New York bankruptcy judge trimmed an adversary suit Monday claiming McKinsey & Co. Inc. should pay at least $1.5 billion to cover costs bankrupt pharmaceutical developer Endo International racked up defending against opioid claims, tossing nearly all allegations with leave to amend, but greenlighting an indemnification claim.

  • September 30, 2025

    Banker Defamed Jack Nicklaus After Pact Ended, Jury Told

    Jack Nicklaus told a Florida state court jury on Tuesday that a banker and his associates defamed him after discontinuing a 15-year business relationship, saying their public relations campaign intentionally smeared his reputation聽after he refused聽to make a deal with Saudi Arabia.

  • September 30, 2025

    3rd Circ. Parses 'Could' And 'Would' In Lipitor Lawsuit

    A Third Circuit panel questioned Tuesday whether drug wholesalers and health plans had offered enough evidence that Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay generic competition for the cholesterol drug Lipitor, focusing on whether the U.S. Food and Drug Administration would have approved the competitor earlier than November 2011.

  • September 30, 2025

    Biogen Told To Pay Genentech $88M After IP Royalties Mistrial

    Biogen MA Inc. owes Genentech Inc. more than $88 million in royalties related to expired patents, a California federal judge ruled Tuesday in a rare post-mistrial verdict arrangement.

  • September 30, 2025

    LGBCoin Founder Says NASCAR Backtrack Cost $76M

    The attorney behind the LetsGoBrandon.com Foundation told jurors Tuesday that a decision by NASCAR to revoke the approval of its sponsorship of a racing team cost the foundation $76 million and destroyed the value of its cryptocurrency LGBCoin.

  • September 30, 2025

    Wu-Tang Trade Secret Ruling Hints At New Way To Protect Art

    A New York federal judge caused a splash last week when she ruled that a one-of-a-kind Wu-Tang Clan album can constitute a trade secret, and attorneys say the surprising decision could broaden the scope of trade secret protections to cover artistic works.

Expert Analysis

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • Notable Q4 Updates In Insurance Class Actions

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    In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes 鈥 complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch鈥檚 authority, says attorney Bhavleen Sabharwal.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    鈥淣o comment鈥 is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy

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    A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits 鈥 but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.

  • 10 Issues To Watch In Aerospace And Defense Contracting

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    This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration鈥檚 efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.

  • Series

    Competitive Weightlifting Makes Me A Better Lawyer

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    The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.

  • Pier Pressure: Contract Takeaways From Pa. Ocean Liner Suit

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    The settlement that resolved the fate of the landmark SS United States ocean liner illustrates important lessons on managing contract disputes, illuminating common trade-offs such as the choice between deferred legal risk and the cost of legal foresight, says Christopher Seck at Squire Patton.

  • Opinion

    Inconsistent Injury-In-Fact Rules Hinder Federal Practice

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    A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • How FAR Council's Proposal May Revamp Conflicts Reporting

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    The Federal Acquisition Regulatory Council's recent proposal for updating organizational conflict of interest rules includes some welcome clarifications, but new representation and disclosure obligations would upend long-standing practices, likely increase contractors鈥 False Claims Act risks, and necessitate implementation of more complex OCI compliance programs, say attorneys at Wiley.

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