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Commercial Contracts
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November 05, 2025
Drone Cos. Lose Bid To Ground Ex-Exec's New Biz
A Utah federal judge has refused to block a former executive of a drone company from working with a competitor or to stop the competitor from making or selling any military drones for a year, the latest episode of a trade secret dispute.
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November 04, 2025
Hagens Berman Owes $2M Over Failed Suit, Tech Giants Say
Amazon and Apple have told a Seattle federal judge that Hagens Berman Sobol Shapiro LLP should cover nearly $2 million in defense costs because of the firm's "misrepresentations" while litigating a lawsuit accusing the two companies of conspiring to limit device sales on the e-commerce platform.
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November 04, 2025
Calif. Justices Doubt 'Illegible' Arb. Pact Is Enforceable
California Supreme Court justices Tuesday doubted that an employer's "illegible" arbitration agreement is enforceable, with multiple justices observing that it's impossible to read terms of the contract at issue, which had been photocopied so many times the words are blurry.
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November 04, 2025
Venezuela's PDVSA Seeks Rehearing On Rig Seizure Claims
Venezuela's state-owned oil company is asking the D.C. Circuit to revisit its ruling from last month ordering the company to face allegations it unlawfully seized an Oklahoma-based petroleum contract drilling company's rigs more than a decade ago, saying the ruling risks "diplomatic friction."
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November 04, 2025
NASCAR Has Monopoly, Judge Rules Ahead Of Antitrust Trial
NASCAR has a monopoly over premier stock car racing, a North Carolina federal judge ruled late Tuesday in handing two teams — including one owned by basketball legend Michael Jordan — a pretrial win on what the judge described as "two core elements" of their antitrust case.
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November 04, 2025
Clippers Owner, BakerHostetler Named In Fintech Fraud Suit
Nearly a dozen investors have filed an amended lawsuit in California state court alleging Los Angeles Clippers owner Steve Ballmer and others, including BakerHostetler, helped financial technology company Aspiration Partners Inc. defraud them by propagating a false narrative that the business was financially solvent.
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November 04, 2025
Ga. Panel Mulls Courts' Leeway To Alter Restrictive Covenants
A Georgia appeals court pressed attorneys Tuesday for answers on how trial judges should determine how or when to modify restrictive covenants, during oral arguments on a motorcycle dealership chain's push to enforce a noncompete against its former chief operating officer.
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November 04, 2025
Insurer Must Turn Over Docs In $6.8M Fraud Dispute
An electronic payments company's insurer must turn over claim files and underwriting materials as they continue to litigate whether the company's roughly $6.8 million loss from two fraud schemes falls within its policy's coverage for "computer fraud," an Iowa federal court ruled Tuesday.
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November 04, 2025
Feds Tell 11th Circ. Delta, Aeromexico Can't Halt JV Split Order
The Trump administration fired back at Delta Air Lines and Aeromexico's Eleventh Circuit bid to freeze a U.S. Department of Transportation order directing them to scuttle their joint venture by Jan. 1, saying the airlines' contention that it'd be too burdensome to disentangle their networks is overblown.
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November 04, 2025
States' Zillow, Redfin Suit In Va. Paused Amid Gov't Shutdown
A Virginia federal judge has granted a joint motion to pause an antitrust suit filed by Virginia and four other states against Zillow Group Inc., Zillow Inc. and Redfin Corp., ruling the suit will be paused until the current federal government shutdown ends.
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November 04, 2025
Ice Cube, Co. Didn't Pay For Video Shoot Work, Suit Claims
A video company and rapper Ice Cube failed to pay a crew member who worked briefly on one of the rapper's music videos, a lawsuit in California state court claims.
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November 04, 2025
Grindr Gets Teen Death Suit Sent To Arbitration
A Florida federal judge has sent to arbitration a suit against Grindr LLC over the death of a 16-year-old girl who was lured in by a 35-year-old man on the platform, finding that federal law does not block arbitration here.
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November 04, 2025
Ohio School Says Liberty Mishandled Roof Collapse Claim
A Liberty Mutual unit must cover losses stemming from a roof collapse at a high school after a heavy snowfall, an Ohio school district told a federal court, saying the insurer's handling of the claim prolonged the building's exposure to the elements and worsened the damage.
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November 04, 2025
Novo Nordisk Boosts Metsera Bid To $10B After Pfizer Suit
Metsera Inc. said Tuesday its board has determined that a sweetened offer from Novo Nordisk is a superior proposal to its existing merger agreement with Pfizer Inc., as the pharmaceutical takeover battle continues amid revised bids and a pending lawsuit.
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November 04, 2025
Pfizer Can't Freeze $9B Weight-Loss Drug Fight For Now
A Delaware vice chancellor on Tuesday declined for the moment Pfizer Inc.'s emergency request to put Novo Nordisk's $9 billion bid for Metsera Inc. on hold, saying the time isn't yet at hand for the court's intervention in a fight for control of the developer of GLP-1 weight-loss drugs.
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November 03, 2025
DC Circ. Skeptical Of Challenge To $47M NAFTA Award
An attorney for Mexico fought an uphill battle on Monday trying to convince a D.C. Circuit panel to vacate a $47 million arbitral award to a Canadian lender based on an argument that the arbitrators misinterpreted part of the North American Free Trade Agreement.
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November 03, 2025
'Pay-To-Pay' PenFed Fee Class Scores Cert. In West Virginia
A West Virginia federal judge granted certification Monday to a class of borrowers who claim Pentagon Federal Credit Union illegally charged them a $5 fee for making loan payments by phone or online, finding that the class meets all the requirements for certification.
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November 03, 2025
FINRA Fines Firm $10M Over Excessive Client Gifts
The Financial Industry Regulatory Authority accused Illinois-based securities wholesaler First Trust Portfolios LP of repeatedly violating gift-giving rules to incentivize clients to sell its products, fining the firm $10 million for buying clients tickets to sporting events and concerts "that significantly exceeded FINRA limits."
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November 03, 2025
SafeSport Says Coach's Claims Fail After His Arbitration Win
U.S. Gymnastics officials have asked a New Jersey federal court to toss the lawsuit brought by a coach who was temporarily suspended over abuse allegations, arguing he lacks standing to bring his case in court since he was reinstated following arbitration and there is no relief to provide.
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November 03, 2025
Memphis Airport Sues Signage Co. Over $9M Contract
The owner and operator of Memphis International Airport has told a Tennessee federal court that a Nebraska company failed to deliver on a $9.4 million airfield signage replacement project, alleging the work has been plagued by chipping and peeling paint.
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November 03, 2025
Equipment Breakdown Insurers Needn't Cover Iron Plant Loss
Nucor Corp.'s equipment breakdown insurance doesn't cover an industrial accident at its Louisiana-based direct reduced iron plant, a North Carolina state court ruled, saying no breakdown, as defined by the policy, occurred.
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November 03, 2025
'Exercise More Restraint,' Judge Tells OpenAI Co-Founder
A California federal judge had little patience for an OpenAI co-founder trying to limit his forced participation in Elon Musk's lawsuit challenging the ChatGPT maker's transition to a for-profit structure, admonishing the former executive for contesting a magistrate judge's order with motions filed while federal courts work unpaid.
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November 03, 2025
Suit Claims Cos. Fraudulently Charging 'Zombie' Loan Interest
A proposed class of borrowers is accusing a mortgage servicer and a debt owner in Virginia federal court of fraudulently charging them thousands of dollars of retroactive interest fees for their "long-dormant," "zombie" mortgage loans.
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November 03, 2025
Intel Says Engineer Absconded With Top Secret Files
Intel Corp. has accused a former engineer of stealing nearly 18,000 files, including some marked as "top secret," before his employment was terminated in July, according to a lawsuit filed in Washington federal court.
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November 03, 2025
Pfizer Hits Novo Nordisk In Fed. Court Over $9B Metsera Deal
Pfizer Inc. moved its merger battle with Novo Nordisk into Delaware federal court Monday, accusing the Danish drugmaker of orchestrating an unfair deal to put a "stranglehold" on the fast-growing American GLP-1 weight-loss drug market.
Expert Analysis
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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If Elphaba Had Signed A Restrictive Covenant In 'Wicked'
Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy
A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Pier Pressure: Contract Takeaways From Pa. Ocean Liner Suit
The settlement that resolved the fate of the landmark SS United States ocean liner illustrates important lessons on managing contract disputes, illuminating common trade-offs such as the choice between deferred legal risk and the cost of legal foresight, says Christopher Seck at Squire Patton.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.