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Commercial Contracts
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May 19, 2025
6th Circ. Splits On 'Classic,' 'First-Year' Contract Price Dispute
A split Sixth Circuit on Monday upended Parker Hannifin Corporation's win in a breach of contract fight with a Mexican automotive supplier, saying the Ohio company's terms over the price of its pistons didn't govern in a "classic" dispute fit for a law student's first-year contract class.
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May 19, 2025
Let's Talk About Rights: Salt-N-Pepa Sue UMG To Reclaim IP
Hip-hop duo Salt-N-Pepa sued UMG in New York federal court on Monday, saying the music company refused to return the copyrights for several of their hits, including "Push It" and "Let's Talk About Sex," and for punishing their attempt to assert their rights by removing songs from streaming platforms and distribution channels.
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May 19, 2025
Uber Pushes To Move Sex Assault Cases To Related Districts
Uber has asked a California federal judge to move various bellwether trials in multidistrict litigation accusing the rideshare company of failing to prevent drivers from sexually assaulting passengers to the federal districts where the alleged incidents occurred, citing the forum selection clause in its terms of use.
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May 19, 2025
Posner Wins Ex-Staffer's $170K Wage Suit
A former executive at retired Seventh Circuit Judge Richard Posner's short-lived pro bono legal services organization lost his bid for $170,000 in back pay he claimed to be owed on Monday when an Indiana federal court found claims to be untimely.
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May 19, 2025
Comscore Accused Of Monopoly Over Movie Box Office Data
Media analytics giant Comscore Inc. wields a monopoly over U.S. theatrical box office data and has used it to squeeze out a company that provides competing software for film distribution planning and booking, according to a new antitrust suit filed Monday in California federal court.
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May 19, 2025
Digital Solutions Co. Faces Suit Over $730K In Unpaid Orders
Technology solutions provider American Industrial Systems Inc. has sued Aegex Technologies LLC, which delivers digital solutions to highly regulated hazardous locations in process manufacturing industries, in Georgia federal court over allegations that it failed to fully pay for $2.2 million worth of services.
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May 19, 2025
Ga. Judge Trims Delta's IT Outage Suit Against CrowdStrike
A Georgia state court judge has trimmed Delta Air Lines' lawsuit seeking to recover from cybersecurity firm CrowdStrike some $500 million in alleged out-of-pocket losses stemming from the July 2024 catastrophic global IT outage.
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May 19, 2025
Ex-Exec Says CEO Fraudster Solely To Blame For $2M Theft
A former Arrow Electronics executive accused of helping steal $2 million told a Colorado federal jury Monday at the start of a seven-day wire fraud trial that he was just an unwitting pawn in a fraud scheme orchestrated by a database company CEO and "master manipulator."
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May 19, 2025
Amazon Asks 9th Circ. To Flip 'Inadvertent' Discovery Ruling
Amazon asked the Ninth Circuit to reverse a Washington federal court's ruling that refused its bid to claw back documents inadvertently produced in proposed antitrust class actions, saying companies need to be able to fix mistakes made when designating privileged documents.
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May 19, 2025
NC Doctors Can't Block Pay Changes Amid Legal Challenge
A group of anesthesiologists can't stop their governing board from imposing changes to their compensation while they sue for breach of contract, a state business court judge ruled Monday, finding the doctors have other ways of obtaining relief that negate the need for an injunction.
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May 19, 2025
Liberty Mutual Unit Can't Dodge Spoiled Wine Coverage Suit
A Liberty Mutual unit can't escape a vineyard's suit seeking indemnification for a settlement reached with another winery over 320,000 damaged cases of wine, a Washington federal court ruled Monday, saying none of the exclusions cited by the insurer clearly apply.
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May 19, 2025
Twins' Doc Not Liable For Ball Player's Death, Fla. Court Told
A Minnesota Twins physician told a Florida state court Monday that he can't be sued for negligence over the death of a minor league player he treated during spring training, arguing that Minnesota employment law shields him from liability even when treating players outside the state.
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May 19, 2025
Justices Punt On Tribe Leader's Extortion Immunity Claim
The U.S. Supreme Court on Monday rejected a petition from the former head of a Native American tribe who argued that the First Circuit was wrong to reinstate his convictions tied to the development of a casino project after it concluded that federal extortion law applies to tribal leaders.
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May 19, 2025
Copyright Law's Nuances Pose Challenges To AI Music Suits
The rise of music created by artificial intelligence is introducing new challenges to copyright law, especially when AI-generated songs can sound strikingly similar to the works the technology is trained on.
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May 19, 2025
'50 Cent' Liquor Biz Eyes Ex-Boss's Conn. Home For $7M Debt
Famed rapper Curtis '50 Cent' Jackson's liquor company asked a Connecticut bankruptcy court to let the business enforce its lien on its former brand manager Mitchell Green's $1 million home in Westport to help satisfy a $7 million fraud judgment, arguing that the lien will not disrupt Green's Chapter 7 proceedings.
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May 19, 2025
NY AG Blasts Ski Resort Owner's Antitrust Fixes
The New York Attorney General's Office has told a state court that alternative fixes being offered by a ski resort owner found to have violated antitrust law by buying and closing a competitor would "entrench the very monopoly" the court found illegal.
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May 19, 2025
'Self-Dealing' Ex-CEO Must Lose Theft Case, Biotech Says
The fired CEO of a Wyoming-based flavoring and aromas business engaged in "clear self-dealing" by transferring hundreds of thousands of dollars to himself after refusing to work, the company said Monday in seeking summary judgment in its Connecticut lawsuit against him.
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May 19, 2025
Judge Sets February Trial Date In Bribery Case Of Coal Exec
A Pennsylvania federal judge on Monday set a February trial date for a coal executive charged with bribing foreign officials for business, with jury selection beginning Feb. 3 and opening statements taking place Feb. 9.
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May 19, 2025
Justices Pass On Insurers' Tribal Jurisdiction Challenge
The U.S. Supreme Court will not review a Ninth Circuit decision ordering insurers to litigate the Suquamish Tribe's COVID-19 coverage claims in tribal court in a case that addressed tribal jurisdiction over nonmember insurance companies, according to a Monday order list.
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May 19, 2025
Partner Hire Kills Jurisdiction In Referral Suit, Mass. Firm Says
A Boston law firm told a Massachusetts federal court on Monday that it plans to refile its suit seeking a referral fee from a Minnesota firm that served as co-lead counsel in a salmon purchaser antitrust case, after the latter firm's hiring of a Massachusetts-based partner defeated federal court jurisdiction.
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May 16, 2025
Krispy Kreme Overhyped McDonald's Pact, Investors Say
Krispy Kreme investors hit the doughnut chain with a proposed securities class action Friday, alleging Krispy Kreme overhyped its partnership with McDonald's before disclosing poor financial results and uncertainty about its future.
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May 16, 2025
Name Mix-Up Costs Lender Property Claim, 5th Circ. Says
A name mix-up in a petition will cost a lending company its claim to an interest in property forfeited in a criminal fraud case, the Fifth Circuit ruled Friday, agreeing with a Texas federal judge that the drafting error was fatal.
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May 16, 2025
State Immunity In England Needs Clarification, Judge Says
Investors in an Indian satellite communications company have been granted permission to challenge a ruling allowing India's sovereign immunity defense in English litigation to enforce a $217 million arbitral award, after a judge in London ruled Friday that the immunity issue raises broader questions.
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May 16, 2025
Infrastructure Co. Eurofinsa Looks To Seize Gabon's Assets
Eurofinsa SA has asked a D.C. federal court for permission to begin seizing the Gabonese Republic's assets as the Spanish company that specializes in global infrastructure projects looks to enforce a nearly $18 million arbitral award against the African country.
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May 16, 2025
Co. Looks To Dodge $5M Award From Laotian Casino Deal
The government of Laos, as it attempts to enforce some $5 million in arbitral awards related to a failed casino venture, still has not proven that the case should be decided in U.S. federal court in the Northern Mariana Islands, one of the companies owing the money said Friday.
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.