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Commercial Contracts
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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.
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November 21, 2025
Amazon Secures 1st Deal In Suit Targeting 'Refund Abuse'
Amazon will be off-limits for five years to an accused fraudster who allegedly took advantage of a "refund abuse" scam that manipulated the company's return process to allow him to receive refunds for products without actually returning the goods, according to a settlement agreement approved Friday by a Seattle federal judge.
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November 21, 2025
Real Estate Recap: REIT Reporting, Defining Water
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including reactions from real estate attorneys in two areas primed for deregulation.
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November 21, 2025
11th Circ. Can't Hear $3M Worker-Poaching Dispute
The incomplete resolution of an abandoned civil conspiracy claim sank twin appeals Friday in a worker-poaching suit that saw a Florida federal jury award more than $3 million in damages to a New York insurance brokerage after finding a competitor interfered with its business.
Expert Analysis
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Sales And Use Tax Strategies For Renewables After OBBBA
With the One Big Beautiful Bill Act sharply curtailing federal tax incentives for solar and wind projects, it is vital for developers to carefully manage state and local sales and use tax exposures through early planning and careful contract structuring, say advisers at KPMG.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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FTC Actions Highlight New Noncompete Enforcement Strategy
Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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Liability Lessons From Luxury Cruise Thwarted By Sanctions
An ongoing legal dispute over a canceled luxury cruise to the North Pole reminds attorneys that liability can surface even before a ship leaves the dock — and that U.S. sanctions law increasingly lurks in the background of global travel contracts, says Peter Walsh at The Cruise Injury Law Firm.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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How GILTI Reform Affects M&A Golden Parachute Planning
Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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How The 5th, DC Circuits Agreed On FCC Forfeiture Orders
The Fifth and D.C. Circuits split this year on the Federal Communications Commission's process for adjudicating enforcement actions, but both implicitly recognized the problem with penalizing a party based on a forfeiture order that has not yet been challenged in any way in court, says Jared Marx at HWG.