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Commercial Contracts
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October 17, 2025
UC Law School Can Drop Hastings Name, Appeals Court Says
California is allowed to drop Serranus Clinton Hastings' name from the University of California's San Francisco-based law school, a state appeals court has ruled, backing a trial judge's decision to toss a lawsuit filed by the former chief state Supreme Court justice's descendants and various school alumni.
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October 17, 2025
Broker Not Covered In Fire Policy Dispute, Insurer Says
An insurance broker accused of mishandling a furniture retailer's insurance procurement, which left the retailer without coverage for a fire, is not entitled to defense or indemnity under its professional liability policy, the broker's insurer told a California federal court.
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October 17, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Johnson & Johnson hit with a £1 billion ($1.34 billion) claim for allegedly selling contaminated baby powder, Carter-Ruck bring a claim against the Solicitors Regulation Authority, and Hewlett Packard file a probate claim against the estate of Mike Lynch.
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October 16, 2025
Jack Nicklaus Tells Jury He Wanted 'Freedom' Back After Pact
Golf legend Jack Nicklaus told a Florida jury on Thursday that he filed for an arbitration in Miami to reclaim his intellectual property after parting ways with the company named after him, but added the chairman "did not want to give me my freedom."
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October 16, 2025
Pioneer Found Not Liable For Storm-Interrupted Gas Supply
A Texas federal judge found that Pioneer Natural Resources USA Inc. did not breach a contract with an energy trading company when it failed to deliver natural gas during Winter Storm Uri, saying the winter storm counted as an unforeseen event.
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October 16, 2025
Texas Business Court Says Winter Storm Stalled Gas Delivery
A Texas business court found that Marathon Oil Co. had no obligation to buy natural gas to make up for delivery shortfalls to a commodity trading company created during Winter Storm Uri, saying the winter storm counted as an unforeseen event.
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October 16, 2025
Boeing Can't Ax Witness Ahead Of 737 Trial
A LOT Polish Airlines' expert witness will testify as to how much money the airline lost when it was forced to ground its fleet of 737 Max jets following two fatal crashes, a Washington federal judge has ruled, denying Boeing's bid to block the testimony during the upcoming Nov. 3 trial.
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October 16, 2025
OCC Inks Deal With Fla. Bank Over BSA, AML Controls
The Office of the Comptroller of the Currency released an agreement Thursday with a Florida community bank for alleged law violations involving suspicious activity reporting and due diligence programs for foreign financial institutions' accounts.
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October 16, 2025
Car Buyer Unclear About His Own Fee Suit, Dealership Says
A Connecticut car buyer isn't an adequate representative for a proposed class of consumers who were allegedly overcharged by a dealership for a service called VIN etching because he didn't know basic details when he testified in a deposition, the defense said in opposing class certification.
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October 16, 2025
Research Exec Faked Data, Worked For Rivals, $10M Suit Says
A Massachusetts marketing and political research firm that has done work for Snapchat, Paramount and the government says its co-founder and former chief analytics officer falsified data and used its resources on projects for competitors, and is seeking at least $10 million in damages in a recently launched lawsuit.
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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.
Expert Analysis
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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.
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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.