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Commercial Contracts
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October 16, 2025
Bankrupt Rite Aid Trust Sues Walgreens Over Opioid Costs
A trustee for Rite Aid Corp.'s bankruptcy estate has sued Walgreens Boots Alliance Inc. and a subsidiary, Walgreen Co., in Delaware Chancery Court, accusing the pharmacy giant of failing to cover tens of millions of dollars in opioid epidemic-related litigation costs that it had agreed to cover.
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October 16, 2025
Fla. Judge Says Soccer CEO's Fraud Suit Belongs In UK
A Florida federal judge on Wednesday tossed a soccer company CEO's lawsuit alleging civil securities fraud in a deal to take his company public via a special purpose acquisition company, ruling that the dispute should be resolved in the United Kingdom.
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October 16, 2025
3 Firms Seek Lead Roles In Conn. Medical Data Breach Suit
Attorneys with three plaintiffs' firms are seeking appointment as interim co-lead counsel and liaison counsel in a series of proposed class actions that they want to consolidate, over a Connecticut medical rehabilitation network accused of waiting nine months to let patients know it was hit with a cyberattack that exposed private information.
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October 16, 2025
Saul Ewing Asks For End To Ex-Conrail CEO's Legal Mal Suit
Following a federal court decision upholding an $11 million arbitration award against former Conrail CEO David LeVan that stemmed from a failed Gettysburg casino project, Saul Ewing has urged a Philadelphia judge to find that LeVan is time-barred from bringing his malpractice case against the firm, in which he accused it of poorly advising him during the fallout of the collapsed deal.
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October 15, 2025
Valve Seeks To Toss 'Overlapping' $21M Arbitration Fee Suit
Valve Corp. is asking a Seattle federal judge to throw out a proposed class action seeking nearly $21 million in arbitration fees from the software company, claiming the suit is part of a scheme by law firm Mason LLP in which attorneys are seeking identical relief through redundant court challenges.
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October 15, 2025
Texas Panel Asks Why $12M Verdict Higher Than Project Cost
A Texas appeals panel pushed a developer to justify a roughly $12 million verdict against a construction company given the developer paid around that amount to build the apartment at the center of the suit, asking Wednesday why the developer was entitled to that sum.
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October 15, 2025
Intel, Deutsche Telekom Win Renewal Bid For $139M Award
A Michigan federal judge on Wednesday granted Intel Capital Corp. and Deutsche Telekom AG's bid to renew a decade-old judgment that enforces a roughly $139 million award against one of the founders of a Chinese wireless broadband company.
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October 15, 2025
JPMorgan Dinged By Judge For Raising Arbitration Issue Late
A Washington federal judge hinted on Wednesday that she's likely to stand by her past decision spurning JPMorgan Chase's attempt to force arbitration of a customer's racial discrimination claims, suggesting the bank lost its chance to make the points it's now relying on to persuade the court to reconsider.
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October 15, 2025
Smart Thermostat Makers Keep PTAB, ITC Wins At Fed. Circ.
Causam Enterprises owns the electrical utilities control patent it has accused ecobee and others of infringing with smart thermostats, but the patent is not valid, the Federal Circuit concluded Wednesday in a pair of precedential opinions.
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October 15, 2025
Texas Appeals Court Pushes Cigna On Payments To Hospitals
A Texas appeals court seemed skeptical of Cigna Healthcare of Texas Inc.'s claim that once a patient gets hospitalized, any subsequent treatment should be classified as emergency care, asking Wednesday why Cigna should get to escape a lawsuit claiming it underpaid multiple hospitals.
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October 15, 2025
Fed. Circ. Says Anti-SLAPP Motion Wrongly Denied In IP Case
The Federal Circuit on Wednesday said a California district court wrongly denied several semiconductor manufacturers' anti-SLAPP motion in a case where they are accused of stealing trade secrets, saying in a precedential opinion that filing a patent application is protected activity under the state's law.
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October 15, 2025
11th Circ. Sides With Insurer In Fla. Gas Station Pollution Fight
An insurer for an owner and operator of Florida gas stations owes no coverage for pollution costs stemming from an underground fuel tank leak, the Eleventh Circuit ruled Wednesday, finding the owner failed to properly notify its insurer of a "pollution condition" that could result in an insurance claim.
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October 15, 2025
Sysnet Says Ex-Worker Breached Noncompete With New Job
Cybersecurity company Sysnet North America Inc. has filed suit against one of its former business relationship managers in federal court for allegedly violating the restrictive covenants in his employment contract by taking a job with a "direct competitor."
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October 15, 2025
Lender Sues For Access To High-Tech Kiosks After Default
A company that makes high-tech vending machines that dispense beauty and personal hygiene products has defaulted on a loan and is refusing to turn over credentials to keep the kiosks in operation, according to a suit filed in Massachusetts state court.
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October 15, 2025
Phone-Maker Oppo Wants Out Of Apple Trade Secret Case
Chinese phone-maker Oppo has asked a California federal judge to release it from a case brought by Apple Inc. alleging that a former employee stole trade secrets when he moved to Oppo, saying the suit had no allegation that Oppo received any trade secrets.
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October 15, 2025
NY Court Tosses Most Of Ex-Lil Wayne Atty's Contract Claims
A New York state judge has dismissed most counterclaims a former attorney for Lil Wayne pursued in a fee dispute with his ex-client, but the lawyer may still attempt to collect some funds he claims to be owed by the rap star.
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October 15, 2025
Sabre Says British Airways Must Reimburse For UK Digital Tax
Flight booking giant Sabre sued British Airways over a digital tax bill it says it was required to pay the U.K. on the airline's behalf, claiming the airline was contractually obligated to reimburse Sabre for the expense but has refused.
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October 15, 2025
TTAB Denies 'Gasparilla' TM Despite Deal With Other IP Holder
The Trademark Trial and Appeal Board has rejected a bid to register "Gasparilla" for mugs and clothing, because of potential confusion with "Gasparilla Treasures," concluding in a precedential opinion that a consent agreement offered by the parties was not enough to overcome a likelihood of consumer confusion.
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October 14, 2025
Sirius XM Can't Yet Ditch Proposed Class Action Over Pricing
An Oregon federal judge on Tuesday refused to toss a proposed class action claiming Sirius XM concealed a royalty charge from subscribers, ruling that the subscribers have adequately alleged they did not know about the fee or the true cost of their subscription when they signed up.
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October 14, 2025
Exec Tells Fla. Jury He Wanted To Protect Nicklaus Brand
An executive for the company bearing Jack Nicklaus' name denied making alleged defamatory statements in emails to clients regarding the golf legend's interest in a competing Saudi Arabian league, telling a Florida state court jury on Tuesday that he received contradicting information and wanted to protect the business' brand name.
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October 14, 2025
Construction Co. Says Insurer Owes $12M On Military Project
A construction company sued its subcontractor and an insurance company in North Carolina state court, seeking more than $12 million in damages after the subcontractor allegedly failed to follow through on mechanical and plumbing work at a U.S. Marine Corps air station.
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October 14, 2025
Ex-Clear Street Employees Sue Over Retaliation, Defamation
Four former employees of financial services company Clear Street Management have sued the firm, claiming they were retaliated against as whistleblowers and falsely terminated "for cause" when they attempted to resign over allegations of a toxic workplace.
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October 14, 2025
Concrete Co. Can't Challenge $2M Seattle Wage Theft Fine
A Washington state appellate panel on Monday rejected a concrete subcontractor's appeal of more than $2 million in penalties for wage violations at Seattle construction sites, supporting a city hearing examiner's conclusion that the company was also on the hook alongside the primary contractor.
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October 14, 2025
Texans Say Drinking Water Tainted With PFAS From Military Base
Residents and local businesses in Lubbock, Texas, are suing 3M, DuPont de Nemours Inc. and others over alleged exposure to so-called forever chemicals that leached into their well water from firefighting foam used on a nearby former U.S. Air Force base and caused a woman's death.
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October 14, 2025
USPS Bailed On Wash. Real Estate Deal, Developer Claims
A developer and its affiliate have claimed in federal court that the U.S. Postal Service violated an agreement to develop a piece of land in Issaquah, Washington, and split the proceeds from its sale.
Expert Analysis
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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.
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How The 5th, DC Circuits Agreed On FCC Forfeiture Orders
The Fifth and D.C. Circuits split this year on the Federal Communications Commission's process for adjudicating enforcement actions, but both implicitly recognized the problem with penalizing a party based on a forfeiture order that has not yet been challenged in any way in court, says Jared Marx at HWG.
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With Obligor Ruling, Ohio Justices Calm Lending Waters
A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.