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Commercial Contracts
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December 15, 2025
Microsoft Seeks To Exit ChatGPT Users' OpenAI Antitrust Suit
Microsoft has slammed a proposed class action accusing the company of bullying OpenAI into a cloud computing deal as devoid of fact and economic sense in two motions filed in California federal court, saying the plaintiffs, ChatGPT subscribers, are trying to dodge an arbitration clause in the chatbot developer's user terms.
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December 15, 2025
Walmart Adds To Visa, Mastercard Swipe-Fee Deal Objections
Walmart has become the latest retailer to object to a proposed new settlement between Visa, Mastercard and a class of potentially millions of merchants to resolve two decades of antitrust litigation, claiming the class plaintiffs and counsel have "sold out their fellow class members."
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December 15, 2025
Del. Justices Put ITG On Hook For $250M Reynolds Settlement
Delaware's Supreme Court stubbed out an eight-year ITG Brands LLC legal battle to avoid paying R.J. Reynolds more than $250 million to cover health-related settlement payments to Florida after ITG's acquisition of four of the cigarette company's brands, according to a ruling issued Monday.
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December 15, 2025
Pa. Nursing Home Can't Arbitrate Sex Assault Suit, Panel Says
The Pennsylvania Superior Court on Monday rejected a bid to arbitrate a suit accusing a nursing home of causing a patient's sexual assault, rejecting the home's "unsubstantiated assertion" that she signed an arbitration agreement upon admittance.
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December 15, 2025
Property Investor Says Florida Real Estate Broker Stole $121M
A Florida rental properly investor accused a real estate broker in state court of misappropriating more than $121 million intended as investment distributions, saying she used her position as manager of several companies to divert the funds to her own accounts.
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December 15, 2025
DOJ Raises Accreditation Concerns In Vet School Case
The U.S. Department of Justice waded into a Tennessee veterinary school's antitrust case challenging the American Veterinary Medical Association's accreditation requirements, raising concerns about the risk posed by professional groups that play gatekeeping functions.
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December 15, 2025
Colo. Agriculture Co. Says Firms' Malpractice Cost It $12M
A Colorado agricultural manufacturer has filed a malpractice lawsuit in state court against a pair of Denver law firms and an attorney, alleging they mishandled their representation of the manufacturer in a derivative action that cost the company more than $12 million.
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December 15, 2025
FTC Joined By 21 States In Accusing Uber Of Deception
Twenty-one states joined the Federal Trade Commission on Monday in a California federal lawsuit accusing Uber of enrolling consumers into its paid subscription service without consent and keeping them in a "loop" of obstacles that deter or prevent cancellations.
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December 15, 2025
Insurer Denies Coverage For Car Shop's Customer Suit
An insurer told a California federal court it had no duty to defend a car conversion business from a suit alleging it wrongfully used a customer's car in advertisements, explaining that the claims did not fall under the specified ad injury coverage.
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December 15, 2025
11th Circ. Rejects ESOP Managers' Individual Arbitration Push
The Eleventh Circuit on Monday backed a court's decision to keep a lawsuit in Georgia federal court alleging a legal technology company's employee stock ownership plan shares were undervalued in a plan termination, holding that an arbitration provision was unenforceable because it blocked rights under federal benefits law.
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December 15, 2025
Midwest Businesses Drop Trash-Fee Collection Scheme Suit
Michigan, Ohio and Indiana-based businesses agreed Monday to drop their claims that waste disposal companies breached contracts by charging tens of millions of dollars in excess trash collection fees.
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December 15, 2025
Inventor's Bid To Dodge $214K Sanction Fails At High Court
The U.S. Supreme Court on Monday declined to take on an inventor's request to escape an order from an Ohio federal court that sanctioned him $214,000 for bad faith litigation, which was approved by the Federal Circuit.
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December 12, 2025
Google To Face Publishers' Class Claims Over AdX Exchange
A New York federal judge Friday granted class certification in a multidistrict antitrust litigation over Google's advertising technology to publishers who sold ad space through the search giant's AdX ad space marketplace, but denied certification to publishers who used Google's AdSense platform and to a proposed class of advertisers.
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December 12, 2025
Guatemala Must Pay $32M Awards, Court Rules
A D.C. federal judge on Friday enforced some $32 million in arbitral awards owed by Guatemala to a highway contractor, rejecting the country's arguments that the dispute belongs in its domestic courts or that it should be put on hold while related proceedings in the country play out.
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December 12, 2025
NC Justices Won't Revive Developer's Fraud Suit
North Carolina's highest court sided with two real estate companies against a suit filed by their former partner on a multifamily redevelopment project, ruling on Friday that the businesses were contractually allowed to boot the plaintiff from the project's company.
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December 12, 2025
Hollywood Director Convicted Of $11M Fraud Against Netflix
Film and television director Carl Erik Rinsch was convicted on charges he defrauded Netflix out of $11 million secured to make a sci-fi television show he never delivered, according to the U.S. Attorney's Office for the Southern District of New York.
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December 12, 2025
Merchant Orgs. Fight Latest Visa, Mastercard Swipe-Fee Deal
The National Association of College Stores, Energy Markets of America and other industry groups objected Friday to a proposed new settlement between Visa, Mastercard and a class of potentially millions of merchants to resolve two decades of antitrust litigation, claiming the deal "does not come close to fixing the swipe fee challenges" faced by merchants.
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December 12, 2025
Duke Energy Pushes Back On DOJ's View Of 'Monopoly Broth'
Duke Energy told the U.S. Supreme Court the government is backing a rival's antitrust claims accusing the power giant of squeezing it out of the North Carolina market simply to help enforcers' own cases accusing Big Tech companies of using a "monopoly broth" to thwart competition.
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December 12, 2025
Wrong Metric Created $2 Valuation, Chancery Suit Says
A former equity holder in a nutrition services business has sued in Delaware Chancery Court seeking to unwind what it calls a sham $2 repurchase of its ownership interest and to force payment of a separate $2 million deferred purchase price, arguing that the business disregarded contractually mandated valuation mechanics to engineer a zero-value outcome.
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December 12, 2025
NC Justices Won't Let Tech Parent Co. Exit Fraud Case
North Carolina's highest court refused Friday to free the parent company of a security technology business and one of its executives from a lawsuit alleging they conspired to devalue the majority member's stake and funnel assets out of reach.
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December 12, 2025
Chancery Issues Rare Redemption Order In Congo Dispute
A rare Court of Chancery battle over control of a sprawling palm oil plantation enterprise along Africa's Congo River has produced an equally rare court order for "redemptions in kind," or an unwinding and separation from an investor who led what the court described as a multi-faceted enterprise "coup."
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December 12, 2025
Judge Orders Fastener Co. To Pay $17K For Misleading Ads
A Philadelphia federal judge permanently barred industrial fastener company Peninsula Components Inc. from using a competitor's trademark "PEM" product name in its online ads, and ordered it to pay $17,866 in damages.
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December 12, 2025
U.S. Steel Can Arbitrate $22M Canadian Contract Spat
Canadian steelmaker Algoma Steel Inc. must arbitrate its bid to break off its contract for buying iron ore from U.S. Steel Corp., since the contract contains a clause bringing all disputes to an arbitrator in Pittsburgh, a federal judge ruled Friday.
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December 12, 2025
Caterpillar Dealer Ex-Worker Files 401(k) Fee Suit In Fla.
An ex-worker for a dealer of Caterpillar construction equipment in Florida hit his former employer with a proposed class action in federal court alleging his employee 401(k) plan paid excessive fees, breaching fiduciary duties under federal benefits law.
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December 12, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Shell hit with a climate change claim from 100 survivors of a typhoon in the Philippines, London Stock Exchange-listed Oxford Nanopore bring legal action against its co-founder, and the editors of Pink News sue the BBC for defamation following its investigation into alleged sexual misconduct at the news site.
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 Practical Guidance
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.