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Commercial Contracts
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September 30, 2025
Banker Defamed Jack Nicklaus After Pact Ended, Jury Told
Jack Nicklaus told a Florida state court jury on Tuesday that a banker and his associates defamed him after discontinuing a 15-year business relationship, saying their public relations campaign intentionally smeared his reputation after he refused to make a deal with Saudi Arabia.
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September 30, 2025
3rd Circ. Parses 'Could' And 'Would' In Lipitor Lawsuit
A Third Circuit panel questioned Tuesday whether drug wholesalers and health plans had offered enough evidence that Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay generic competition for the cholesterol drug Lipitor, focusing on whether the U.S. Food and Drug Administration would have approved the competitor earlier than November 2011.
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September 30, 2025
Biogen Told To Pay Genentech $88M After IP Royalties Mistrial
Biogen MA Inc. owes Genentech Inc. more than $88 million in royalties related to expired patents, a California federal judge ruled Tuesday in a rare post-mistrial verdict arrangement.
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September 30, 2025
LGBCoin Founder Says NASCAR Backtrack Cost $76M
The attorney behind the LetsGoBrandon.com Foundation told jurors Tuesday that a decision by NASCAR to revoke the approval of its sponsorship of a racing team cost the foundation $76 million and destroyed the value of its cryptocurrency LGBCoin.
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September 30, 2025
Wu-Tang Trade Secret Ruling Hints At New Way To Protect Art
A New York federal judge caused a splash last week when she ruled that a one-of-a-kind Wu-Tang Clan album can constitute a trade secret, and attorneys say the surprising decision could broaden the scope of trade secret protections to cover artistic works.
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September 30, 2025
Wash. MLS Asked About Fairness Of Banning 'Office Exclusives'
A Washington federal judge pressed Northwest Multiple Listing Service at a hearing Tuesday to explain how its board of directors justified limiting homeowners' options when listing their residential properties for sale.
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September 30, 2025
NY Court Ends $2.5M Bid In West Point Project Fight
A New York federal judge on Tuesday rejected a subcontractor's attempt to recover $2.5 million for construction work on a West Point Military Academy renovation, finding the company's claims are barred under state law because it never submitted written notices of dispute.
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September 30, 2025
Union Pacific Takes Chicago Metra Lines Fight To 8th Circ.
Union Pacific told the Eighth Circuit that a federal rail regulator acted arbitrarily when it recently granted terminal trackage rights on three of its rail lines to Metra, Chicago's commuter rail system, the latest escalation in a yearslong contractual dispute over access to the crucial rail hub.
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September 30, 2025
$200M Investor In Studio 8 Asks Chancery For Records
A Chinese investor has asked the Delaware Chancery Court to force Studio 8 Holdings LLC to open its books, alleging the Hollywood film and television production company squandered a $200 million investment the investor made in June 2014.
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September 30, 2025
College Athlete Advocates Join Supporters Of Senate NIL Bill
A day after three Democratic U.S. senators introduced a bill promising more protections for college athletes — including women, athletes in smaller sports and those at smaller institutions — under the new revenue-sharing rules, the proposal on Tuesday drew praise from advocates for athletes and labor, including an official from the AFL-CIO.
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September 30, 2025
Wash. Panel Keeps Wage Suit Against Logistics Co. In Court
The arbitration agreements that a logistics company gave to two workers were unconscionable because they either didn't contain a severability clause or included a class waiver, a Washington state appellate panel ruled, affirming a decision to keep the workers' wage and hour suit in court.
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September 30, 2025
NJ Law Firm Defeats Suit Over Boardwalk Pier Investment
A New Jersey law firm won summary judgment in federal court over malpractice claims by a couple suing over a failed investment in an Atlantic City boardwalk project.
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September 30, 2025
FTC Accuses Zillow, Redfin Of Stifling Rental Ad Competition
The Federal Trade Commission filed a lawsuit in Virginia federal court on Tuesday accusing Zillow of paying Redfin more than $100 million to stop competing for the sale of rental housing advertisements on their listing services.
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September 30, 2025
Altria Loses Out On $38M Refund On Foreign Subsidiaries
Tobacco products maker Altria is not entitled to a $38 million tax refund on foreign subsidiaries, a Virginia federal court found, saying the company was an indirect shareholder through its interest in Anheuser-Busch and therefore owes taxes on its portion of the subsidiaries' income.
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September 30, 2025
3M Wins Toss Of $1.7B Suit Over Post-It Notes IP Deal
A New York federal judge has tossed an inventor's $1.7 billion lawsuit challenging the terms of a settlement of his earlier intellectual property case against 3M over the inventorship of the Post-it note, saying his claims are barred by earlier litigation.
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September 30, 2025
Co-Marketing Isn't A Kickback Scheme, NC Lender Says
A mortgage lender is urging a North Carolina federal court to toss a homebuyer's suit accusing it and an insurance broker of running a kickback scheme, arguing that the homebuyer is wrongfully alleging that its co-marketing agreement with the brokerage is some sort of kickback scheme.
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September 29, 2025
Zurich Wins $2M Coverage Dispute Over Wrongful Death Suit
A Colorado federal judge dismissed the claims of a pipeline construction company against Zurich Monday after the court found the insurance policy between the insurer and one of the construction company's subcontractors only allowed coverage up to $1 million, not $2 million.
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September 29, 2025
Wash. Bank Abetted $230M Ponzi Scheme, Investors Say
A Washington state bank has been accused of keeping afloat a real estate investment firm's $230 million Ponzi scheme by maintaining the enterprise's accounts even when evidence of fraud surfaced, according to a new lawsuit in Seattle federal court.
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September 29, 2025
Mich. Judge Says Truck Maker Must Face Delivery Failure Suit
Vehicle manufacturer International Motors LLC can't escape claims that it misrepresented its ability to produce hundreds of trucks on time for a large-volume purchaser, costing the buyer tens of millions of dollars in damages, a Michigan federal judge has ruled.
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September 29, 2025
Kazakh Money Laundering Retrial Against Felix Sater Begins
A Manhattan federal jury heard opening statements Monday in a civil money laundering retrial against financier Felix Sater, whom plaintiffs branded as a thief who enriched himself as he helped hide millions of dollars looted from a Kazakh bank 20 years ago.
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September 29, 2025
NJ Panel Rejects Suit Over Deadly Warehouse Fire
A New Jersey appellate court on Monday backed the dismissal of a proposed class action that was filed over a deadly December 2021 fire in a Hoboken commercial warehouse that killed two people.
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September 29, 2025
Hagens Berman Misstep Ends Amazon-Apple Suit, For Now
A Washington federal judge threw out a proposed class action targeting an alleged pact between Amazon and Apple to limit device sales on the e-commerce platform, agreeing on Monday to revisit an earlier ruling after fresh facts surfaced showing that the former lead plaintiffs' counsel misled the court for months.
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September 29, 2025
Why $2.5B Might Not Be Enough In FTC's Amazon Settlement
As the Federal Trade Commission and some observers hailed Amazon's $2.5 billion deal over its Prime membership practices as a milestone to protect consumers from manipulative tactics, others doubted the 10-figure settlement will be enough to hold the company accountable following a case it had seemed likely to lose.
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September 29, 2025
Ga. Panel Says Insurer Not Liable For Fees In $1.5M Case
The Georgia Court of Appeals said a trial court rightly refused to make Allstate pay attorney fees after rejecting a settlement offer from a man who was later awarded $1.5 million for crash injuries, saying the award "was not warranted" because the insurer wasn't a named party at trial.
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September 29, 2025
In Chancery, Bankrupt First Brands Accused Of Deal Breach
Automotive manufacturer Grammer Inc. filed a suit in the Delaware Chancery Court accusing APC Parent LLC and guarantor First Brands Group, which filed for Chapter 11 protection on Sunday, of breaching multiple agreements and withholding more than $20 million in payments involved with a $40 million merger.
Expert Analysis
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Mitigating Import Risks Around Southeast Asian Solar Cells
The U.S. Department of Commerce's recent final determinations in its antidumping and countervailing duty investigations into solar cells produced in certain Southeast Asian countries make it important for U.S. purchasers to consider risk mitigation strategies, including modifying supply chains and contractually assigning import responsibilities, say attorneys at Morgan Lewis.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Tracking The Evolution Of Liability Management Exercises
As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Negotiating Triparty Hotel Agreements To Withstand Risk
Brewing economic uncertainty in the hospitality industry underscores the importance of subordination, nondisturbance and attornment agreements, and hotel managers should tightly negotiate these agreements to ensure remedies will not disturb key rights, say attorneys at Sidley.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Independent Contractor Rule Up In The Air Under New DOL
In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.
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Key Questions When Mediating Environmental Disputes
As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.