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Commercial Contracts
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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."
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 after he refused to make a deal with Saudi Arabia.
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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.
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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.
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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.
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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.
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September 30, 2025
Wash. MLS Asked About Fairness Of Banning 'Office Exclusives'
A Washington federal judge pressed Northwest Multiple Listing Service at a hearing Tuesday to explain how its board of directors justified limiting homeowners' options when listing their residential properties for sale.
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September 30, 2025
NY Court Ends $2.5M Bid In West Point Project Fight
A New York federal judge on Tuesday rejected a subcontractor's attempt to recover $2.5 million for construction work on a West Point Military Academy renovation, finding the company's claims are barred under state law because it never submitted written notices of dispute.
Expert Analysis
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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What's At Stake In High Court Review Of Funds' Right To Sue
The U.S. Supreme Court's upcoming review of FS Credit Opportunities v. Saba Capital Master Fund, a case testing the limits of using Investment Company Act Section 47(b) to give funds a private right of action to enforce other sections of the law, could either encourage or curb similar activist investor lawsuits, say attorneys at Goodwin.
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Tracking The Evolving Legal Landscape Of Music Festivals
The legal infrastructure behind music festivals is anything but simple, so attorneys advising clients in this space should be prepared for a wide range of legal challenges, including the unexpected risks that come with live events, says Meesha Moulton at Meesha Moulton Law.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Reddit v. Anthropic Is A Defining Moment In The AI Data Race
The recent lawsuit filed by Reddit against Anthropic in California state court marks a pivotal moment in the burgeoning field of artificial intelligence by sidestepping a typical copyright dispute, focusing instead on the enforceability of online terms of service and ownership of the digital commons, says William Galkin at Galkin Law.
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What Developers Can Glean From Miami Condo Ruling
A Florida state appeals court's recent denial of a Miami condo redevelopment bid offers a detailed blueprint of what future developers must address when they evaluate the condominium's governing declaration and seek to terminate a condominium, say attorneys at Shubin Law.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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2nd Circ. Reinforces Consensus On Vacating Foreign Awards
In Molecular Dynamics v. Spectrum Dynamics Medical, the Second Circuit recently affirmed that federal district courts do not possess subject matter jurisdiction to vacate foreign arbitral awards, strengthening this consensus across the circuits most active in recognition and enforcement actions, says Ed Mullins at Reed Smith.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Corp. Human Rights Regulatory Landscape Is Fragmented
Given the complexity of compliance with nations' overlapping human rights laws, multinational companies need to be cognizant of the evolving approaches to modern slavery transparency, and proposals that could reduce mandatory due diligence and reporting requirements, say attorneys at Simpson Thacher.
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Forced Labor Bans Hold Steady Amid Shifts In Global Trade
As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.