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Commercial Contracts
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January 07, 2026
Poultry Cos. Seek Stay Of Water Pollution Ruling For Appeal
Tyson Foods and other poultry operators found responsible for polluting Oklahoma waters with chicken waste argued that, without a stay in the court's judgment pending a Tenth Circuit appeal, companies not subject to its orders will have an economic advantage.
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January 07, 2026
Firm In 'Maya' Verdict Seeks Coverage For Spinoff Fee Row
The firm that secured a $213 million award in favor of Maya Kowalski, the person at the center of the Netflix documentary "Take Care of Maya," told a Florida federal court that its professional liability insurer owed coverage for a spinoff suit involving trial consultant fees.
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January 06, 2026
Uber Can't Show Bellwether Jury That Driver Wasn't Charged
Ahead of next week's first-ever bellwether trial in multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers, a California federal judge ruled Tuesday that Uber can't introduce evidence that the alleged assailant wasn't criminally charged.
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January 06, 2026
Rakoff Rules Software Co. Ex-Chair Tried To Defraud His Co.
U.S. District Judge Jed S. Rakoff said he barred the ex-chairman of a software investment company, Invisalign inventor Zia Chishti, from trying to transfer money out of the United States to avoid a $9 million arbitral award because Chishti intended to defraud his former company.
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January 06, 2026
Amazon Seeks To 'Hot Tub' MIT Prof's Opinion In Antitrust Suit
Amazon.com Inc. has asked a Seattle federal court for a "hot tub" hearing in a proposed consumer antitrust class action that accuses the e-commerce giant of artificially raising retail prices, saying the novel litigation technique for concurrently questioning parties' experts is needed to vet one expert's change in opinion.
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January 06, 2026
US Removal Of Maduro Won't Curb Energy Cos.' Caution
U.S. oil and gas companies will need significant legal and regulatory assurances that any new investment in Venezuela will be shielded from political instability before heeding President Donald Trump's call to fortify the country's floundering oil and gas industry.
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January 06, 2026
DOJ Wants Time During Door Maker Divestiture Argument
The U.S. Department of Justice is asking to appear at an upcoming Fourth Circuit argument to support a door manufacturer defending the first court-ordered divestiture in a private merger challenge.
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January 06, 2026
Cigna Accused Of Rigging Market For Life-Saving Drugs
Patients with chronic health conditions sued Cigna in an Illinois federal court alleging in a proposed class action Tuesday that the company and its pharmacy and pharmacy benefit manager subsidiaries use exclusive agreements to lock users into a network where Byzantine refill processes have been deliberately erected to limit payouts for life-saving drugs.
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January 06, 2026
Cannabis Staffing Co. Claims CEO Hid Competitor In Merger
A Colorado-based cannabis industry staffing company has claimed in state court that the CEO of a Missouri cannabis staffing company it merged with this year hid a separate staffing agency during the merger and continued to operate the hidden business in violation of the purchase agreement.
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January 06, 2026
Envestnet Trade Secrets Suit Cleared For Trial
A Delaware federal judge has cleared the way for a long-running fintech trade secrets case to proceed toward trial, overruling defense objections to spoliation findings and holding that a jury may infer that destroyed electronic evidence would have been unfavorable to Envestnet Inc. and its former subsidiary Yodlee Inc.
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January 06, 2026
Financial Firm Seeks $5M From Rival That Lured Adviser
Minnesota-based financial planning firm Wealth Enhancement Group LLC has asked a Connecticut Superior Court judge to issue a $5 million damages and costs verdict against a rival accused of hiring a WEG adviser and scheming to draw an alleged $27 million in assets under management into its coffers.
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January 06, 2026
Insurer Must Defend Grocery Store Shooting Suit, Man Says
A Washington man who was criminally charged and convicted in connection with a shooting at a grocery store said his home insurer must defend him in a related civil suit, telling a federal court that his self-defense claim during the criminal trial brings his conduct within coverage.
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January 06, 2026
Ex-NBA Player Fights To Keep Suit Over Agents' Fees Alive
Former NBA player Noah Vonleh's suit accusing several agents of wrongly charging him fees for his contract to play in China should stay in court and out of arbitration, Vonleh has told a California federal judge.
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January 06, 2026
5th Circ. Mulls If ERISA Claims Are Subject To Arbitration Clause
A Fifth Circuit panel wanted a former employee at International Bancshares Corp. to explain how his benefits class action could evade an arbitration clause adopted by the plan that he never consented to, saying Tuesday that other courts seemingly have not adopted a theory that would allow that.
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January 06, 2026
Public Health Atty Talks Botulism, Infants And FDA Staffing
Three years ago, a bacterial outbreak at a Michigan manufacturing plant sparked a shutdown and a national infant formula shortage. Another episode last year at a formula plant in Iowa should be a red flag for the public and a short-handed FDA, according to Sarah Sorscher of the Center for Science in the Public Interest.
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January 06, 2026
Drugmakers Fight Multifront Legal Battles Over GLP-1s
In the wake of U.S. Food and Drug Administration approvals for GLP-1 weight-loss drugs, surging public demand and massive profits have inspired a broad range of drugmaker litigation against competitors, alleged counterfeits and telehealth providers.
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January 06, 2026
Boscov's Tenant Sues Over Del. Mall Tax Reimbursements
A company that runs a Boscov's department store in a Newark, Delaware, shopping center has claimed in Delaware state court that the property's landlord forced the company to overpay tax reimbursements.
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January 06, 2026
Coal Exec Ordered To Disclose Evidence For Bribery Trial
A former coal executive charged with bribing Egyptian officials must tell prosecutors what, if any, evidence he intends to use for his upcoming Foreign Corrupt Practices Act trial, a federal judge ruled Tuesday.
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January 06, 2026
Distribution Co. Drops Suit Alleging Kraft Stole Database
A distribution company has voluntarily dismissed a suit accusing The Kraft Heinz Co. of stealing confidential information by having one of its executives in the Netherlands download a database in violation of a licensing agreement.
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January 06, 2026
NASCAR Boss Resigns Weeks After Antitrust Suit Settlement
NASCAR Commissioner Steve Phelps resigned Monday, less than four weeks after the stock car racing organization settled a suit with two teams accusing it of being a monopoly — a suit in which derogatory texts by Phelps were revealed.
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January 06, 2026
Crypto Miner Host Can't Get $1.2M Damages Order Reversed
A Seattle federal judge won't reconsider a decision awarding $1.2 million to a bitcoin miner in its breach of contract dispute with the operator of a facility that hosted its machines, finding the host company rehashed old arguments in its reconsideration bid.
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January 06, 2026
'Jersey Boys' Producer Slips $1M Pension Tab At 9th Circ.
The Ninth Circuit on Tuesday reversed a win for a stagehands union pension plan in a dispute with a producer for the jukebox musical "Jersey Boys," saying an entertainment industry exemption to federal benefits law shielded the production company from approximately $1 million in withdrawal liability.
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January 06, 2026
Authors Demand OpenAI's $1B Disney Deal Details For IP Suit
Bestselling authors accusing OpenAI of unlawfully using their copyrighted works to train ChatGPT have asked a New York federal judge to order the company to produce details of its $1 billion licensing deal with Disney announced last month, saying the agreement could show the "feasibility" of a licensing market for AI training.
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January 06, 2026
Zillow, Redfin Fight FTC's Bid For More Discovery Time
Zillow Group Inc., Zillow Inc. and Redfin Corp. are urging a Virginia federal court to reject a bid for more discovery time filed by the Federal Trade Commission and multiple states for their combined antitrust suit against the two property listing companies.
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January 06, 2026
Chancery Asked To Block Parallel Earnout Suit With Tech Cos.
Audatex North America LLC and its parent company Solera Holdings LLC have requested that the Delaware Chancery Court block former RedCap Technologies LLC owners from reviving a stayed Superior Court lawsuit, arguing that the sellers expressly agreed to halt all court activity while their earnout dispute is arbitrated.
Expert Analysis
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A New IP Game Plan For College Football Players
For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.
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11th Circ. Ruling Shows Federal Question Jurisdiction Limits
The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
The Fallout Of Drake's Defamation Suit Against UMG
Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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2 Appellate Rulings Offer Clickwrap Enforcement Road Map
Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.
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SDNY Ruling Reinforces Joint Steering Committee Obligations
The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Unpacking Ore. Law's Limits On PE Healthcare Investment
A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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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 discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
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Notable Q2 Updates In Insurance Class Actions
Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.