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Commercial Contracts
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April 01, 2025
Yale Student Accused Of AI Cheating Can't Sue Anonymously
A Yale University student who was suspended for allegedly using artificial intelligence to cheat on a final exam can no longer shield his identity while he sues the school and officials for damages and a reversal of his discipline, a Connecticut federal judge has ruled.
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March 31, 2025
Insurer Beats Energy Cos.' Settlement Coverage Suit, For Now
A Texas federal court tossed a lawsuit from a group of energy companies accusing Berkley National Insurance Co. of favoring the settlement of one underlying wrongful death lawsuit over another unrelated injury lawsuit, finding the companies' complaint fails to allege they've incurred damages exceeding their policy limits.
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March 31, 2025
Caterpillar Escapes $100M Contract Breach Verdict
A Delaware federal court on Monday vacated $100 million in damages awarded to a defunct equipment importer that accused Caterpillar of interfering with a contract, and also refused to order a new trial for antitrust claims against the manufacturer.
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March 31, 2025
Firm Says Ex-Fin. Adviser Can't Arbitrate Trade Secrets Claims
A Connecticut financial firm told a state court that an ex-adviser can't arbitrate claims that he swiped trade secrets and formed his own competing company, citing the "plain language" of his employment agreement.
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March 31, 2025
Primerica Can't Force Arbitration In $1.4M Theft Suit
Primerica cannot force two women who claim they were the victims of theft totaling $1.4 million to go to arbitration because they did not affirmatively sign an account agreement, a New Jersey appellate panel ruled Monday.
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March 31, 2025
Mich. Judge Dismisses Biz's 'Pump-And-Dump' RICO Suit
A Michigan federal judge on Monday tossed what he called a confusing "power struggle" of a lawsuit from a company accusing its former leaders of conspiring to install a CEO and leading a pump-and-dump scheme, finding that the company was essentially improperly seeking review of a prior state court judgment that it lost.
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March 31, 2025
Costa Rica Dodges Bankrupt Telecom Co.'s $25M Claim
A bankrupt telecommunications company owner's $25 million arbitration against Costa Rica has been discontinued after the owner failed to show he could deposit and maintain a surety bond to secure the costs of the proceedings, according to the country's counsel.
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March 31, 2025
Origins Tech Can't Dodge Counterclaims In $4M Dispute
Origins Tech Inc. and its officers can't get counterclaims against them tossed in a $4 million suit over losses from a loan and the canceled acquisition of a cannabis license, a Utah federal judge ruled on Monday, giving a shareholder the opportunity to amend his counterclaims.
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March 31, 2025
Insurer Denies Coverage For Crushing Death, Alleging Lies
A wood company's insurer said it owed nothing in connection with the crushing death of a recycling company worker who was killed by equipment rented from the wood seller, telling a California federal court that its insured misrepresented itself when claiming it didn't lease equipment on its coverage application.
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March 31, 2025
Feds' Race Bias Suit Should Target Appraiser, Rocket Says
Rocket Mortgage LLC has urged a Colorado federal court to dismiss the federal government's race discrimination suit against the mortgage lender, an appraisal management company and an appraiser, arguing it is not responsible for what the appraiser purportedly did.
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March 31, 2025
NC Judge Axes Mexican Truck Co.'s $70M Volvo Suit
A North Carolina federal judge tossed out a Mexican trucking company's $70 million suit against Volvo Group North America LLC in a one-page order adopting a magistrate judge's recommendation that the case be dismissed for leaving out "necessary and indispensable parties" for the contract claims to survive.
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March 31, 2025
'American Idol' Singer Wants Early Win In Contract Fight
Songwriter and former "American Idol" contestant Lauren Spencer-Smith, who rose to fame when her 2022 song "Fingers Crossed" went viral on TikTok, is seeking an early win for her New York federal lawsuit's breach of fiduciary and contractual obligations and faithless servant allegations, saying Saturday that the defendants "took the trust that was reposed in them as Spencer-Smith's attorneys and agents, and used that trust for their own benefit to the detriment of Spencer-Smith."
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March 28, 2025
Colo. Beats Amgen's Drug Price Cap Challenge, For Now
A Colorado federal judge Friday threw out Amgen's challenge to the Centennial State's drug price cap system, finding that Amgen is not subject to "direct regulation" under the law it's challenging and therefore doesn't have standing to sue.
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March 28, 2025
Chance The Rapper Can't Whittle Biz Fight With Ex-Manager
Chance the Rapper cannot ditch his ex-manager's claim for three years of commission payments under a contract he allegedly violated, an Illinois state court judge has said, rejecting the artist's assertion that the claim was statutorily barred.
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March 28, 2025
Bitcoin Mining Insurance Co. Sued In Del. For $32M Breach
A financial products and services venture sued individuals and companies behind a purported bitcoin mining "total protection" insurance plan in Delaware's Court of Chancery Friday, alleging failures to honor commitments to pay out up to $32.7 million in customer returns on nearly $7 million in investments.
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March 28, 2025
Dr. Martens Maker Moves To Keep Shein TM Fight Alive
The maker of Dr. Martens shoes said an affiliate of fast-fashion giant Shein shouldn't be able to dodge accusations of selling knockoff products and violating the terms of a previous intellectual property settlement agreement, arguing it has sufficiently laid out its case.
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March 28, 2025
Grocery Vendor Gets $3M In Atty Fees In Bony Chicken Case
A Washington federal judge has awarded an Evergreen State grocery vendor about $3 million in attorney fees following its $10.5 million jury trial win in its case blaming a poultry producer for a lost chicken burger deal with Trader Joe's, acknowledging the "excellent work" of the plaintiff's counsel while stopping short of granting the full $4.5 million fee request.
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March 28, 2025
Edtech Co. Instructure Faces Parent Suit Over Data Harvesting
Education technology company Instructure, which claims to offer the nation's second most widely used learning management system, faces a suit brought by parents alleging that the company's "massive data-harvesting apparatus" violates the constitutionally guaranteed privacy rights of school-age children.
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March 28, 2025
Google Privacy Fight Raises 'Classic' Trial Issues, Judge Says
A California federal judge Friday doubted consumers' bid to certify a class of Chrome users in a revived lawsuit accusing Google of surreptitiously collecting their data while also observing that the case raises "classic" trial questions and asking how else Americans could "tell corporations what they believe to be offensive?"
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March 28, 2025
Wash. Uber Driver Fails To Upend Arbitration Over Termination
A Washington federal judge has thrown out an ex-Uber driver's case seeking to block the ride-hailing company from forcing him to settle his wrongful termination dispute in arbitration, despite the plaintiff's argument that a 2024 U.S. Supreme Court ruling upended the company's case for arbitration.
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March 28, 2025
Singapore Court Chides Indian Hotel Owner In Hilton Feud
A Singapore appellate court on Friday refused to set aside arbitral awards favoring certain Hilton entities in a dispute over a management deal with the owner of a luxury Indian hotel, in an opinion that cautions litigants against launching unmeritorious "backdoor" appeals challenging arbitral awards.
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March 28, 2025
NY Ski Resort Co. Appealing Court's Antitrust Ruling
A New York ski resort operator told a state court on Friday that it's appealing the state's victory in its antitrust suit, which alleged that the operator purposefully closed a local competitor after acquiring it.
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March 28, 2025
Ex-MLB Player Says Pro-Gun Social Media Site Duped Him
Former catcher and current TV commentator for the Pittsburgh Pirates Michael McKenry claims he was duped into investing in a "pro-Second-Amendment" online video platform with false promises of social media reach and growth, in a lawsuit in Pennsylvania state court seeking his money back.
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March 28, 2025
Google To Pay $100M To Resolve AdWords Action
Groups of Google advertisers asked a California federal judge Thursday to greenlight a $100 million settlement that would resolve their long-running class claims that the tech company overcharged them for advertisements.
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March 28, 2025
Water Park Injury Award Coverage Capped At $1M, Court Told
An insurer and underwriter for a water park owner said they are responsible for no more than $1 million of a $9 million judgment entered in favor of a man injured at the park, according to a suit filed in Connecticut federal court.
Expert Analysis
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Considering Noncompete Strategies After Blocked FTC Ban
A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.