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Commercial Contracts
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November 25, 2025
UnitedHealth Gets OptumRx Antitrust Suit Sent To Arbitration
A group of independent pharmacies must arbitrate their proposed class claims that UnitedHealth-owned OptumRx gatekeeps its network of Medicare prescription patients by imposing unfair fees, a Washington federal judge said Tuesday, concluding the pharmacies haven't shown the arbitration clauses in question are unenforceable.
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November 25, 2025
Bitcoin Depot Unit Hit With $18.5M Arbitration Award
The parent of a Canadian company that develops software allowing global network users to deposit cash for Bitcoin or exchange Bitcoin for cash said its subsidiary was hit with an $18.47 million arbitral award in a dispute with a bankrupt operator of cryptocurrency ATMs.
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November 25, 2025
Delta Retirees Seek Court Clearance For Benefits Class Action
A retired flight attendant accusing Delta Air Lines Inc. of shorting married pensioners on retirement benefits by miscalculating lump-sum payouts asked a Nevada federal court to grant her case class action status, arguing the roughly 3,000-strong group she proposed had enough in common to warrant certification.
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November 25, 2025
3rd Circ. Restores NCAA Junior-College Eligibility Rule
An NCAA rule that includes junior colleges when determining a college athlete's eligibility is a "commercial" restriction, but a Rutgers University football player must go back to court and define the market for his labor if he wants to argue the rule violates antitrust law, the Third Circuit said Tuesday.
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November 25, 2025
BMW Refuses To Cover Faulty Component, Suit Claims
BMW has known for several years about a transmission component defect causing more than a dozen of the luxury carmaker's vehicle models to jerk and shudder while driving but has improperly refused to cover necessary repair costs, consumers have alleged in New Jersey federal court.
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November 25, 2025
Insurance Broker Says Competitor Stole Employees, Clients
The parent company of insurance brokerage Trucordia told the Delaware Chancery Court on Monday that it has lost more than $2.5 million in annual commission revenue because a Florida-based competitor is trying to poach Trucordia's employees and clients in coordination with a former insurance producer and current equity holder.
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November 25, 2025
Cannabis Co. Says $1.5M Default In Contract Dispute Is Void
A cannabis company is urging a Los Angeles state court to set aside a $1.5 million default judgment against it in a contract dispute, saying the judgment goes far beyond what's allowable under state law.
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November 24, 2025
Williams Sonoma Sues Quince Over 'Dupe' Comparisons
Williams-Sonoma Inc. on Friday sued Quince in California federal court, accusing the direct-to-consumer retailer of falsely advertising to consumers that its products, though cheaper, are of the same high quality as Williams Sonoma's products.
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November 24, 2025
Nvidia Stole AI Co.'s IP And Trashed $1.5B In Value, Suit Says
Nvidia Corp. obtained a tech startup's proprietary artificial intelligence software under the guise of a potential acquisition, used the software to develop its own product, then rendered $1.5 billion in IP worthless by publishing the software for anyone to download free, according to a lawsuit filed Monday in New York state court.
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November 24, 2025
Amazon, Gillette Claim Oral-B Toothbrush Heads Were Fakes
Amazon and Gillette on Monday sued dozens of "bad actors" that the companies claim sold counterfeit Oral-B toothbrush heads on the e-commerce platform, misleading shoppers, lying to Amazon and infringing Gillette's trademarks.
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November 24, 2025
3 Federal Circuit Clashes To Watch In December
The Federal Circuit's argument calendar for December includes a festive $71.4 million patent dispute about artificial Christmas trees, as well as a software company's bid to revive a nine-figure trade secrets and contract verdict against Ford that was slashed to a nominal $3.
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November 24, 2025
Prep School Firings Called Payback For Alleging Favoritism
Two longtime members of the athletic department staff at The Lawrenceville School, a private preparatory academy, are alleging in New Jersey state court that they were fired in retaliation for raising concerns over an alleged relationship between the school's athletic director, who is a former NFL player, and another staff member.
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November 24, 2025
Crypto Cos. Seek OK Of $2.5M Iceland Mining Facility Award
Two cryptocurrency companies have asked a New York federal court to enforce an approximately $2.5 million arbitral award against a project finance advisory firm in their contract dispute over investments in an Icelandic crypto mining facility.
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November 24, 2025
NJ Panel Orders Arbitration In Jersey City Real Estate Dispute
A New Jersey appellate court on Monday affirmed a lower court's arbitration order for several counterclaims in a dispute involving a Jersey City apartment project, ruling that the counter-defendants didn't previously waive their right to arbitrate the counterclaims.
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November 24, 2025
Israeli Co. Can't Expand Contract Breach Suit Over $25M Deal
An Israeli smart packaging company can't enlarge a North Carolina Business Court contract breach suit, a judge ruled Monday, saying the amendment would "wholly transform" the case and prejudice defendant Sealed Air Corp.
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November 24, 2025
Biotechs Go To Del. Chancery Over Cancer Drug Rights
A contract battle has broken out in the Delaware Chancery Court between two biotechs, each accusing the other of materially breaching a decade-old collaboration agreement governing rights to the cancer drug Jemperli.
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November 24, 2025
Transit Operator Says Union Standoff Risks $100M In Funding
A Florida public transit operator has accused a bus drivers union of withholding its signature on a safety plan that the Jacksonville Transit Authority must submit annually to obtain federal funding, asking a court to compel the union to either sign the plan or arbitrate its disagreements with it.
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November 24, 2025
Doctor Liable For Rent On Ex-NFL Player's Concussion Clinic
A Florida neurologist who partnered with a former National Football League player to start a concussion clinic in Massachusetts can't dodge more than $100,000 in unpaid rent and interest owed by the defunct venture, an intermediate state appellate court said.
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November 24, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court last week delivered a packed mix of fraud allegations, merger fallout, corporate-governance reforms and jurisdictional fights, while a new academic report ignited debate over attorney fee awards in Delaware's influential corporate forum.
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November 24, 2025
High Court Won't Revive UBS Retaliation Case Again
The U.S. Supreme Court on Monday said it would not again take up a fired UBS worker's whistleblower retaliation lawsuit concerning whether the Sarbanes-Oxley Act requires whistleblowers to show proof of discrimination or proof of retaliation.
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November 21, 2025
Ex-Google CEO Accused Of Sex Assault, Cyberstalking
A woman who says she dated former Google CEO Eric Schmidt has accused him of sexually assaulting her, stealing her businesses and surveilling her devices via a "backdoor" he built with Google engineers to covertly spy on employees, according to a complaint she's trying to file in California state court.
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November 21, 2025
DoorDash Hit With Suit Over Breach Of Customer, Dasher Data
Delivery service DoorDash failed to delete old data and take other necessary steps to protect the personal information of customers, dashers and merchants that was exposed in a recent security breach, according to a proposed class action filed in California federal court.
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November 21, 2025
Telecom Giants Say Dish Can't Back Out Of Contracts
Dozens of telecommunication companies have filed a lawsuit in Colorado federal court against Dish Wireless seeking a declaratory judgment that the Colorado-based carrier is not excused from its contracts with the companies to build a nationwide 5G network after Dish's parent company EchoStar announced sales of its spectrum licenses.
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November 21, 2025
Tata Must Pay $168M For Trade Secrets Theft, 5th Circ. Says
A Fifth Circuit panel found Friday that Tata Consultancy Services Ltd. stole IT company Computer Sciences Corp.'s technology concerning source code and life insurance software documentation, keeping intact a $168 million verdict against Tata.
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November 21, 2025
Sysnet Ends Noncompete Suit Against Ex-Manager
Cybersecurity company Sysnet North America Inc. told a Georgia federal court it will dismiss a lawsuit alleging one of its former business relationship managers violated the restrictive covenants in his employment contract by taking a job with a direct competitor.
Expert Analysis
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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Texas' Cactus Ruling Clarifies 'Produced Water' Rules
The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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A Look At Trump Admin's Shifting Strategies To Curtail CFPB
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Google Damages Ruling Offers Lessons For Testifying Experts
The Federal Circuit's recent decision in EcoFactor v. Google represents a shift in how courts evaluate expert testimony in patent cases, offering a practical guide for how litigators and testifying experts can refine their work, says Adam Rhoten at Secretariat.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Rocket Mortgage Appeal May Push Justices To Curb Classes
Should the U.S. Supreme Court agree to hear Alig v. Rocket Mortgage, the resulting decision could limit class sizes based on commonality under Rule 23 of the Federal Rules of Evidence as opposed to standing under Article III of the U.S. Constitution, say attorneys at Carr Maloney.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Employer Best Practices For Navigating Worker Separations
As job cuts hit several major industries, employers should take steps to minimize their exposure to discrimination claims, information leaks and enforcement challenges, such as maintaining sound documentation, strategic planning and legal coordination, says Mark Romance at Day Pitney.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
IRS Should Work With Industry On Microcaptive Regs
The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.