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Commercial Contracts
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April 29, 2025
Sports Illustrated Owner Ends TM Row With Former Publisher
Sports Illustrated's owner has agreed to permanently end its trademark dispute against its former publisher over claims that the publisher tore apart a long-standing licensing agreement while sabotaging the brand and holding hostage valuable intellectual property, according to a stipulation filed Tuesday in New York federal court.
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April 29, 2025
Amazon Can't Shake Return Policy Suit, Wash. Judge Rules
A Washington federal judge refused Tuesday to dismiss claims accusing Amazon of unlawfully recharging consumers under its "advanced refund" return policy, ruling that the e-commerce giant could face tort and quasi-contract liability alongside breach of contract allegations.
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April 29, 2025
Insurers Say 9th Circ. Extended Tribal Jurisdiction Too Far
A group of insurers again urged the U.S. Supreme Court to review a Ninth Circuit decision ordering them to litigate COVID-19 coverage claims in Suquamish Tribal Court, saying Tuesday that the lower court's conception of tribal sovereignty is so broad that even the tribe is unwilling to defend it.
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April 29, 2025
Kroger-Owned Chain Fights To Keep UFCW Suit Alive
The Kroger-owned grocery chain King Soopers urged a Colorado federal judge Tuesday to preserve its lawsuit against a United Food and Commercial Workers local, saying the company can prove that the union is placing unlawful pressure on it to bargain with multiple locals at once.
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April 29, 2025
4th Circ. Rules Honeywell Royalty Fight Belongs In Fed. Circ.
The Fourth Circuit on Tuesday found that a fight over royalty payments between technology conglomerate Honeywell and its Japan-based rival should be kicked to the Federal Circuit, which has jurisdiction over all patent-related lawsuits.
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April 29, 2025
BNSF Says Tribe's $400M Trespass Win Unjustly Taps Profits
BNSF Railway Co. has urged the Ninth Circuit to derail the nearly $400 million a trial judge ruled it owes for years of illegally running oil cars across a Washington tribe's land, saying the disgorgement judgment goes after legitimate profits far removed from where the trespassing occurred.
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April 29, 2025
NCAA Says NY Case's Demise Dooms NC State '83 Team's Suit
The NCAA told North Carolina's business court that a New York federal judge's decision to throw out a proposed antitrust class action against it brought by former men's basketball players should also doom a similar suit brought by the 1983 North Carolina State University men's basketball national championship team.
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April 29, 2025
Highmark Must Face Bulk Of Data Breach Lawsuit
A group of individuals who said their personal information was compromised in a phishing attack against health insurer Highmark can largely proceed with their proposed class action against the company, a Pennsylvania federal court ruled, finding the plaintiffs sufficiently alleged they'll suffer imminent and concrete injuries, thereby establishing standing.
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April 29, 2025
Dominican Republic Not Immune In Postal Suit, 11th Circ. Told
A Florida company suing the Dominican Republic over allegations it failed to pay $10 million after breaching a contract to modernize its postal service told an Eleventh Circuit panel Tuesday the country isn't exempt from legal action, arguing the country can be held liable under exceptions to the Foreign Sovereign Immunities Act.
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April 29, 2025
OKCoin Says Crypto Holders Can't Tie Firm To $2M Theft
Digital asset exchange OKCoin and its affiliates urged a California federal judge to dismiss a proposed class action accusing them of enabling cryptocurrency thieves, arguing the real cause of the plaintiffs' losses was the initial theft, not any actions by the exchange.
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April 29, 2025
No 'Hobson's Choice' For Foley & Lardner, Ex-Clients Say
Two former Foley & Lardner LLP clients are slamming the law firm for telling a Texas appellate court it was faced with a "Hobson's choice" in their suit alleging the firm failed to disclose conflicts of interest.
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April 29, 2025
X Can't Escape Unjust Firing Claim In Severance Suit
Three former Twitter executives can proceed with their claim that Elon Musk and the company owe them millions in severance benefits after falsely claiming they were fired justly, a California federal judge ruled, pointing to another suit mirroring nearly identical allegations.
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April 29, 2025
Boston Seafood Co. Says Salmon Exec Stole Trade Secrets
A former C-suite executive and head of salmon accounts at a Boston-area seafood distributor spent months emailing sensitive trade secrets from his work account to a Norwegian competitor before joining it to launch a rival business in the U.S., according to a federal lawsuit filed Tuesday.
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April 29, 2025
3rd Circ. Denies Post-Gazette Bid To Tweak Benefits Order
The publisher of the Pittsburgh Post-Gazette can't get the Third Circuit to clarify or tweak an order to put its newsroom employees back on their old health insurance plan, despite concerns from the newspaper company that it may not have been eligible to reenroll them in the plan and would rather go back to bargaining instead.
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April 29, 2025
Firm In Salmon Antitrust Case Owes Referral Fee, Suit Says
A Boston law firm says another firm that served as co-lead counsel in a salmon purchaser antitrust case is refusing to honor a referral fee agreement for 15% of the attorney costs in the Florida litigation, according to a federal complaint filed Monday in Massachusetts.
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April 29, 2025
Ex-Homeland Security Secretary Joins Pillsbury As Consultant
Former Homeland Security Secretary Kirstjen Nielsen will work as a strategic consultant at Pillsbury Winthrop Shaw Pittman LLP, where she'll be a senior policy adviser supporting a range of defense, national security and government practice groups, the firm recently announced.
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April 29, 2025
BCBS Wants Hospital Sanctioned For 'Cat-And-Mouse' Tactics
Blue Cross Blue Shield of North Carolina asked a federal judge to sanction a hospital company and its related entities for their purported "evasion, obfuscation, misdirection and outright misrepresentation" during discovery in a $32 million billing dispute that has gone on for seven years.
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April 28, 2025
Second Round Of Conn. Firm Windup Fight Sent To Arbitration
A Connecticut state court judge has paused a derivative lawsuit that an attorney filed against his onetime 50-50 law partner at Connecticut Trial Firm LLC, sending it instead to arbitration.
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April 28, 2025
Wash. Judge Tosses Investor's $42M Real Estate Con Suit
A federal judge in Seattle threw out a Las Vegas investment company's lawsuit accusing four businessmen of a $42 million fraud scheme, saying on Monday that the firm hasn't shown a "substantial part" of the allegations occurred in western Washington.
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April 28, 2025
Avis Hit With Investor Suit Over $2.3B Fleet Impairment
Car rental company Avis Budget Group has been hit with a proposed shareholder class action alleging it harmed investors when it concealed a strategy shift late last year that accelerated fleet rotation and led to a $2.3 billion impairment charge.
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April 28, 2025
Altice Must Show Arbitration Clause Was Sent, NJ Justices Told
An Altice USA customer urged the New Jersey Supreme Court on Monday to revive his discrimination suit against the cellular provider, arguing that the company has provided no evidence of an arbitration agreement that precluded his claims in lower courts.
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April 28, 2025
FAIR Plan Failed To Pay For LA Fire Smoke Claims, Suit Says
Another group of California homeowners has accused the state's insurer of last resort of illegally denying and underpaying claims for smoke damage following the Los Angeles wildfires despite its obligation to cover all fire-related damage under California law, according to a lawsuit filed in state court.
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April 28, 2025
TD Bank's $3 Paper Statement Fee Breaks NY Law, Suit Says
TD Bank faces a proposed customer class action alleging it violated New York state law with its practice of charging its customers $3 to mail them paper copies of their monthly billing statements.
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April 28, 2025
Wells Fargo Tells Judge Cash Sweep 'Conflict' Was Disclosed
Wells Fargo said it should be allowed to escape customers' proposed class action alleging the bank's cash sweep investment program disproportionately benefits the bank, arguing it disclosed in its signed agreements with customers the bank's intentions to secure financial gains for itself through the program.
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April 28, 2025
Geico's Failure To Settle Caused $2.8M Judgment, Suit Says
A court-appointed receiver for an at-fault driver has told a North Carolina federal court that Geico should be on the hook for a more than $2.8 million consent judgment against the driver stemming from an August 2020 crash, saying the insurer failed to settle underlying injury claims for the driver's $100,000 limit.
Expert Analysis
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DeepSeek AI Investigation Could Lead To IP Law Precedents
The investigation by OpenAI and Microsoft into DeepSeek's artificial intelligence model raises interesting legal concerns involving intellectual property and contract law, including potential trade secret appropriation and fair use questions, say Saishruti Mutneja and Raghav Gurbaxani.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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What Contractors Can Do To Address Material Cost Increases
In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.
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Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion
The recent Delaware Superior Court ruling in Harman International v. Illinois National Insurance offers a critical framework for interpreting bump-up exclusions in management liability insurance policies, and follows the case law trend of narrow interpretation of such exclusions, says Simone Haugen at Tressler.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz
Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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What To Expect From Trump's Deputy Labor Secretary Pick
President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Gas Contract Fight Holds Lessons On Force Majeure Clauses
Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.