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Commercial Contracts
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June 18, 2025
Fed. Circ. Blocks ITC Sanctions Appeal Without Import Tie
The Federal Circuit does not have jurisdiction to review whether the U.S. International Trade Commission properly denied Realtek's request for sanctions based on a third-party licensing agreement, as it has no bearing on the question of illegal imports, the court concluded Wednesday.
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June 18, 2025
MLB's Rays Discussing Sale To Fla. Real Estate Developer
The Tampa Bay Rays confirmed on Wednesday the Major League Baseball franchise is in "exclusive discussions" to be sold to a group led by real estate developer Patrick O. Zalupski, three months after the team pulled out of an agreement to build a new stadium in St. Petersburg.
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June 18, 2025
Cleo AI Wants Service Member's Predatory-Lending Suit Nixed
Online lender Cleo AI Inc. is seeking the dismissal of claims that it targeted military members with predatory lending practices, arguing that under relevant law, its "non-recourse advances" don't count as credit — and that, anyway, its users all agreed to arbitrate any disputes when they signed up to use its services.
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June 18, 2025
FTC, Amazon Trade Blows Over Attempts To End Prime Case
The Federal Trade Commission and Amazon have slammed one another in federal court filings over their competing bids to win regulators' case targeting Prime subscription enrollment practices, continuing to spar over the applicability of a consumer protection law shielding online shoppers.
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June 18, 2025
Tenn. School Sues Vet Group Over Accreditation Rules
Lincoln Memorial University filed a lawsuit in Tennessee federal court on Wednesday accusing a trade association for veterinarians of restricting competition for veterinary schools and vet services with burdensome accreditation requirements.
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June 18, 2025
Wash. Panel Sides With Insurer In Café Fire Damage Suit
A couple's commercial property insurer has no duty to cover damage from a kitchen fire at their café, a Washington state appeals court affirmed, finding the couple lacked certain protective safeguards that were required as part of their fire suppression system.
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June 18, 2025
California Bar Exam Woes Latest Chapter In Ongoing Scrutiny
Recent headline-grabbing blunders with the February California bar exam represent a stumbling block in a yearslong effort to reshape the exam, with an eye toward equity and accessibility for the more than 10,000 applicants who sit for the exam each year.
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June 18, 2025
Dorsey & Whitney Adds Patent Partner From Perkins Coie
Dorsey & Whitney LLP has grown its intellectual property offerings in Washington state with the addition of an experienced patent attorney from Perkins Coie LLP.
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June 18, 2025
Ex-Yankee Scores $222K Jury Award In Moldy Mansion Trial
A Connecticut federal jury on Wednesday awarded retired New York Yankees third baseman Joshua Donaldson more than $222,000 in a dispute with a former landlord he blamed for the presence of mold in a Greenwich mansion, and a judge is expected to double a substantial portion of that amount.
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June 18, 2025
Judge Says A Ruling Unfreezing Wind Projects May Be Pyrrhic
A Massachusetts federal judge said on Wednesday he will allow key claims to move forward in a suit challenging the Trump administration's halt of wind farm project reviews, yet he suggested even if the plaintiffs ultimately prevail, the administration could still simply deny requests for permits and leases.
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June 18, 2025
New PGA Tour CEO Arrives From NFL With LIV Deal Unsettled
The PGA Tour made its change in leadership structure and leader official by hiring longtime National Football League executive Brian Rolapp as its chief executive officer, with Commissioner Jay Monahan ceding day-to-day operations but staying with the tour through the end of 2026.
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June 18, 2025
Squire Patton Adds Polsinelli Trio To New Private Credit Group
Squire Patton Boggs has added a three-lawyer team from Polsinelli PC to its private credit and direct lending practice group.
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June 18, 2025
Defamation Brawl Over Braves Auction Booted To Georgia
A Texas federal judge shipped auctioneer Heritage Vintage Sports' defamation suit against the Atlanta Braves over auctions of the team's merchandise to Georgia federal court, finding that the dispute did not carry specific ties to the Lone Star State.
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June 17, 2025
Protego Takes $200M Crypto Bank Suit To Wash. Court
Protego Holdings Corp. has re-launched a lawsuit in Washington state court blaming a Texas investment firm for failing to carry out a $200 million investment pledge in its launch of a cryptocurrency bank, which never materialized because rare conditional approval from the U.S. government lapsed over financing concerns.
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June 17, 2025
Crypto Co. Says Meme-Coin Creating Atty Can't Rep Theft Suit
Cryptocurrency wallet provider Phantom Technologies has asked a New York federal judge to disqualify an attorney from representing a group of plaintiffs, including himself, in a suit he filed over the alleged theft of half-a-million dollars worth of a meme coin he created in honor of his pet dachshund.
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June 17, 2025
4th Circ. Affirms $8M Award Against Kuwaiti Construction Co.
The Fourth Circuit on Tuesday refused to revive a Kuwaiti construction company's bid to nix an $8 million arbitral award favoring Kellogg Brown & Root International Inc. in a dispute over a U.S. Army contract, ruling in a published opinion that the company missed a critical statutory deadline.
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June 17, 2025
Samsung Says Jurors Lied In Netlist IP Trial, Seeks Do-Over
Samsung told a California federal judge it needs a fourth trial against Netlist Inc. after losing a suit over a deal to license computer memory patents, saying three jurors lied during voir dire in a case that bolsters Netlist's position regarding $421 million worth of related verdicts in Texas.
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June 17, 2025
AIG Unit, Air Co. Seek Quick Wins In Herbicide Damage Row
An air services company told a New York federal court that an AIG unit must provide general liability coverage for a lawsuit seeking nearly $2.5 million for grass damage from herbicides, while the unit countered that neither company's general liability policy nor specialty "aerial applicator" policy applies.
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June 17, 2025
Venezuela Oil Co. PDVSA Must Face $258M Default Ruling
Spanish company Elecnor SA has achieved a green light from a New York state judge to pursue enforcement of a nearly $258 million default judgment against Venezuela's state-owned oil and natural gas company over unpaid debt.
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June 17, 2025
Uber Gets Fatal Crash Suit Sent To Arbitration
The widow of a man who died while he was a passenger in an Uber must take her claims against the ride-share company before an arbitrator, an Illinois state appeals court ruled Tuesday, finding that when she signed up for an Uber account she first agreed to have an arbitrator review any claims she had against the company.
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June 17, 2025
Ex-Yankee Makes Final Pitch To Jury In Moldy Mansion Suit
A retired New York Yankees third baseman incurred hundreds of thousands of dollars in costs after he rented a Connecticut mansion that turned out to have a mold problem, and his landlord should pay up after failing to act quickly, his attorney told a federal jury in Hartford on Tuesday.
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June 17, 2025
5th Circ. Finds $37M For PPE Delivery Problems Went Too Far
The Fifth Circuit on Monday kept partially intact a $37 million award the Federal Trade Commission secured against a drop-shipping company, but found part of the award went too far because it fully refunded customers for COVID-19 protective gear that was delivered late.
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June 17, 2025
Ga. College Seeks Toss Of $240K Athletic Conference Exit Fee
A small north Georgia college urged the Georgia Court of Appeals Tuesday to throw out an early win in a contract fight with an athletic conference it left several years ago, arguing that the "enforceability is doubtful" of $240,000 in damages the conference imposed on the school for its departure.
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June 17, 2025
Energy Co. Says Lease Differences Undermine Class Cert. Bid
A proposed class of XTO Energy Inc. lease holders have claimed they were uniformly overcharged for gathering and processing gas from their properties, but experts for the energy company testified Tuesday that their leases were too different to be certified as a class, and there was no better bargain available for the services.
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June 17, 2025
Org. Urges 9th Circ. To OK NFL Sunday Ticket Verdict Dismissal
A legal foundation focused on promoting free enterprise principles is offering support to the NFL as the league defends a California federal judge's dismissal of a jury's $4.7 billion Sunday Ticket price-fixing award, arguing Tuesday the district court was right to correct a "gatekeeping failure" in expert testimony.
Expert Analysis
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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.
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Art Fraud Cases Highlight Importance Of Due Diligence
Recent high-profile art fraud cases provide a helpful reminder that a healthy skepticism can prevent prospective buyers from becoming victims, and that lawyers can take steps to help safeguard their clients, say attorneys at Arnold & Porter.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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A Deep Dive Into Singapore's New Int'l Arbitration Rules
The latest revisions to the Singapore International Arbitration Centre's rules, effective as of Jan. 1, contain numerous innovative and industry-leading updates, including new rules on coordinated and emergency procedures, and third-party funding, say attorneys at WilmerHale.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Trump Likely To Prioritize Trade, Customs Fraud Enforcement
With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.
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Recent Suits Show Antitrust Agencies' Focus On HSR Review
The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Private-Bidding Compliance Lessons From Siemens Plea Deal
Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.