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Commercial Contracts
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October 09, 2025
7th Circ. Denies Rehearing In Harley-Davidson Warranty Case
The Seventh Circuit again affirmed the dismissal of customers' challenge to terms and conditions in Harley-Davidson's motorcycle warranties that limit coverage when third-party parts are used.
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October 09, 2025
Pet Owner Keeps State, But Not Fed., Elanco Tick Meds Suit
Advantix flea-and-tick medication maker Elanco Animal Health Inc. partially ducked a consumer proposed class action by convincing an Indiana federal judge to cut federal antitrust claims, but still must face state law allegations accusing it of paying off PetSmart, Petco and Chewy not to carry generic versions.
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October 09, 2025
Baldoni Atty Faces LA Malpractice Suit Over Client 'Betrayal'
Entertainment attorney Bryan Freedman has been accused in Los Angeles County Superior Court of turning his back on a former client, allegedly convincing him to sign an unfavorable settlement on trademark claims against "It Ends With Us" star Justin Baldoni, only to later begin representing the actor and director.
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October 09, 2025
Judge Rejects Sanctions Bid In Ace Fire Loss Suit
A Georgia federal court has rejected a Chubb unit's sanctions bid in a fire loss coverage dispute, finding that although its insureds failed to adequately join two individual defendants in a broader attempt to defeat the court's diversity jurisdiction, such conduct wasn't frivolous nor amounted to bad faith.
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October 09, 2025
Ga. Panel Revives Broad & Cassel Malpractice Claims
The Georgia Court of Appeals has partially revived a legal malpractice suit filed against Broad & Cassel LLP over allegations that one of its partners blew an auto dealership's lawsuit in the midst of a mental health crisis, ruling that the claims may not have been filed too late after all.
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October 09, 2025
Biotech Wins $367K From Ex-CEO In Conn. Conversion Suit
A Connecticut jury has ordered the fired CEO of a flavoring and aroma firm, who is also a tax attorney, to pay the company more than $367,000 plus punitive damages after agreeing that he improperly sent himself money around the time of his termination and breached his fiduciary duties.
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October 09, 2025
Fintech Exec May Claim Double Jeopardy Amid Judge Shuffle
A former executive of payment processor Allied Wallet has filed a double jeopardy motion after the initial Massachusetts federal judge overseeing the fraud case recused himself, a second declared a mistrial and exited due to a family emergency, and a third flagged a potential conflict with a prosecutor.
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October 08, 2025
Golf Execs Deny Discrediting Jack Nicklaus In NY Lawsuit
Two executives with the company named after Jack Nicklaus testified in Florida state court on Wednesday that they played no role in providing defamatory statements in a New York lawsuit against the golf legend, denying that they also forwarded false claims to reporters and were involved with filing the complaint.
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October 08, 2025
Decade-Old $139M Telecoms Award Still Unpaid, Court Hears
Intel Capital Corp. and Deutsche Telekom AG are seeking to renew a judgment just shy of a decade old that enforces a roughly $139 million award against one of the founders of a Chinese wireless broadband company, telling a Michigan federal judge that they still haven't received a penny.
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October 08, 2025
5th Circ. Wary Of TitleMax Affiliate's Aim To Skip Usury Case
A Fifth Circuit panel appears skeptical of a TitleMax affiliate's argument that it should get to escape the Pennsylvania Department of Banking and Securities usury case alleging the affiliate breached state law, saying Wednesday the proceedings looked like typical state police power.
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October 08, 2025
Amazon Can't Nix Counterclaims In Calif. Solar Projects Battle
Amazon can't dodge counterclaims in a dispute over the fallout from power purchase pacts tied to two California solar developments, a Washington state judge has said, finding the projects' backers have adequately alleged the tech giant spoiled the deals by abusing its dominance in the renewable energy market.
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October 08, 2025
Ex-Hospital CEO Drops Fraud Suit Against Former Employer
The former CEO of a Nevada-based psychiatric hospital operator has dropped her Colorado federal lawsuit alleging the company's president transferred contracts to his own business to avoid paying her severance and a consultation bonus after the company laid off all its employees.
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October 08, 2025
Judge OKs Amazon's Evidence Clawback In Antitrust Suits
Amazon can claw back certain documents it handed over during discovery in a series of antitrust lawsuits alleging the company's merchant policies artificially raised market prices, a Seattle federal judge has ruled, rejecting objections raised by consumers suing the e-commerce giant.
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October 08, 2025
NC Apartment Owner Hits Ch. 11 With Up To $50M In Debt
A North Carolina-based corporation connected to real estate investment and construction development company Abranova has filed for Chapter 11 protection in North Carolina, listing up to $50 million in liabilities.
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October 08, 2025
Software Co.'s Ex-Chair Faces Jurist Ire Over 'Sloppy' Practices
A New York federal judge expressed frustration with the former chairman of The Resource Group International Ltd. in his bid to challenge his ouster from the software investment company following a widely reported sexual harassment scandal, criticizing the executive's "sloppy and irresponsibly careless practices" in the proceeding.
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October 08, 2025
Avon Trust Sues Insurers Over Coverage Of Talc Liabilities
A trust established to pay asbestos claimants in Avon's Chapter 11 has urged a Delaware state court to rule that almost 30 insurers must help indemnify more than $225 million of the cosmetics company's talc injury liabilities, saying the insurance carriers had or would fail to do so.
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October 08, 2025
Crypto Co. Sues Mercury Funds Over $270M Token Dispute
A blockchain startup sued several entities of a venture capital firm on Wednesday, claiming they are trying to turn a $100,000 investment in the blockchain company's early-stage digital asset venture into $270 million worth of tokens by exploiting a contract typo that mistakenly tied token rights to all their shares.
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October 08, 2025
Pioneer Used Winter Storm To Dodge Obligations, Court Told
Pioneer Natural Resources USA Inc. failed to meet its end of a natural gas sale contract and cannot use Winter Storm Uri to dodge its obligations, an energy trading company told a Texas federal court during closing statements on Wednesday.
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October 08, 2025
Teen Owes $50K In Video Game Hacking Case
A Canadian teenager who was accused of hacking the online video game Rec Room, harassing other users and thwarting bans has agreed to stay off the game and pay $50,000 to end a civil suit in Washington federal court brought by the game's developers.
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October 08, 2025
Fox Wins $5.8M Judgment In Mexican Media Co. IP Dispute
A New York federal judge on Wednesday awarded Fox Corp. $5.8 million from the leader of a Mexican media company as part of a lawsuit alleging that Fox's trademarks were wrongly being used in the country.
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October 08, 2025
Discord Sued After User Info Leaked In Breach Of Vendor
Communications platform maker Discord Inc. was hit with a proposed class action in California federal court Tuesday after one of its third-party customer support partners suffered a data breach that allowed unauthorized parties to access personal information belonging to Discord's users.
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October 08, 2025
NASCAR Antitrust Case Judge Agrees To Settlement Talks
A North Carolina federal judge is asking NASCAR and two of its teams to appear in his courtroom with their chosen mediator after the private stock car racing company requested a judicial settlement conference to try to resolve their antitrust fight ahead of trial.
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October 08, 2025
DOJ Asks For Stay In PVC Antitrust Case Amid Criminal Probe
The U.S. Department of Justice is asking an Illinois federal court to pause discovery in a case accusing polyvinyl chloride pipe manufacturers of using a commodity pricing service to exchange information and fix prices while a grand jury investigates the alleged activity.
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October 07, 2025
Aetna COVID-19 Test Provider Sues Insurer For 'Unpaid' $53M
A Nebraska company that provided COVID-19 testing for Aetna has filed suit in California federal court, alleging that the insurer owes it more than $53 million for testing services but has refused to pay up.
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October 07, 2025
5th Circ. Queries If ChampionX Covered In $40M Oil Spill Suit
A Fifth Circuit panel Tuesday pressed ChampionX Corp. to explain how it can pursue a lawsuit in Texas seeking to make multiple insurers pay for its defense in a $40 million oil spill lawsuit if the underlying policies don't name it.
Expert Analysis
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Sales And Use Tax Strategies For Renewables After OBBBA
With the One Big Beautiful Bill Act sharply curtailing federal tax incentives for solar and wind projects, it is vital for developers to carefully manage state and local sales and use tax exposures through early planning and careful contract structuring, say advisers at KPMG.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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FTC Actions Highlight New Noncompete Enforcement Strategy
Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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Liability Lessons From Luxury Cruise Thwarted By Sanctions
An ongoing legal dispute over a canceled luxury cruise to the North Pole reminds attorneys that liability can surface even before a ship leaves the dock — and that U.S. sanctions law increasingly lurks in the background of global travel contracts, says Peter Walsh at The Cruise Injury Law Firm.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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How GILTI Reform Affects M&A Golden Parachute Planning
Deal teams should evaluate the effect of a recent seemingly technical change to U.S. international tax law on the golden parachute analysis that often plays a critical part of many corporate transactions to avoid underestimating its impact on an acquirer's worldwide taxable income following a triggering transaction, say attorneys at MoFo.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.