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Commercial Contracts
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May 28, 2025
NC Paint Co., Ex-Owners Seek Wins Over $15M Project Pullout
A North Carolina paint finishing company accused of abandoning a $15 million contract to put in a powder coating system at a forklift manufacturer's facility asked a federal judge for a pretrial win, arguing that the manufacturer has not shown its entitlement to damages.
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May 27, 2025
Fortress' Power On VLSI Board Takes Spotlight At Trial's Start
Fortress Investment Group's head of intellectual property told a Texas federal jury Tuesday that his company's overlap with investment funds that run VLSI Technology and Finjan Holdings highlights its dedication to overseeing investors' best interests, not that Fortress controls the funds.
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May 27, 2025
'Gone In 60 Seconds' IP Appeal 'Stalls At Starting Line'
A Ninth Circuit panel held Tuesday that the customized Ford Mustangs called "Eleanor" that were featured in four films — most recently in the 2000 Nicolas Cage film "Gone in 60 Seconds" — is not a copyrightable character.
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May 27, 2025
CFPB Nixes Snap Finance Suit In Latest Enforcement Cutback
The Consumer Financial Protection Bureau on Tuesday permanently dropped its Utah federal lawsuit against Snap Finance, a lease-to-own fintech, adding to the list of Biden-era enforcement actions that the agency has walked away from under Trump-appointed leadership.
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May 27, 2025
Trader Seeks OK Of $4.7M Award Against Mexican Co.
A commodities trading company has asked a Texas federal judge to enforce a $4.7 million arbitral award against a Mexican petroleum product distributor in a dispute over the distributor's failure to satisfy its obligations as a debt guarantor for its sister company.
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May 27, 2025
Renaissance Fair Co. Says Landlord Planned 'Knock-Off' Event
The operator of a New England Renaissance fair has accused its landlord of stalling on a long-term lease extension in order to plan a "knock-off version" of the event.
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May 27, 2025
Colo. Justices Won't Hear Atty's Challenge To Law Firm NDA
The Colorado Supreme Court ruled Tuesday that it will not consider an attorney's petition fighting her nondisclosure agreement with a prominent local law firm, ending her argument that the agreement violated a professional rule prohibiting firms from limiting an attorney's ability to practice law after ending an employment relationship.
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May 27, 2025
AMS Nets $52M As 17-Year-Old Trade Secrets Case Wraps
Light sensor maker AMS has been granted a $51.7 million judgment against a rival in Texas federal court, ending a 17-year-old trade secrets case that has gone through multiple appeals and two trials.
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May 27, 2025
Judge Says Kaiser, UFCW Staffing Fight Belongs In Arbitration
A United Food and Commercial Workers local and a Colorado healthcare group affiliated with Kaiser Permanente must resolve their understaffing dispute in arbitration, a Colorado federal judge ruled Tuesday, saying the evidence presented at a six-day bench trial revealed that the fight is arbitrable.
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May 27, 2025
Stellantis, UAW Agree To Drop Dispute Over Colo. Strike Vote
Stellantis and a United Auto Workers affiliate representing the company's Denver parts distribution center have agreed to drop their dispute over a December strike authorization vote, according to a joint stipulation for dismissal filed by the parties in Colorado federal court.
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May 27, 2025
Fla. Judge Pauses Suit Over Baseball Player's Death
A Florida state court judge on Tuesday ordered a temporary halt to a lawsuit alleging medical malpractive against a Minnesota Twins physician over the death of a minor league baseball player, pausing the case while an order denying immunity for the doctor is appealed.
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May 27, 2025
6th Circ. Urged To Revive FedEx, Kellogg Pension Suits
FedEx and Kellogg retirees urged the Sixth Circuit to revive two proposed class actions alleging their ex-employers' use of outdated actuarial assumptions shortchanged the value of their pension annuity benefits, arguing that definitions of the term "actuarial equivalent" from the time federal benefits law was enacted supported their appeals.
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May 27, 2025
Latest Junior Hockey Players' Abuse Suit Against NHL Tossed
An antitrust class action by two junior league hockey players, accusing the National Hockey League and Canadian Hockey League of collusion and abusive treatment during their development, was dismissed by a Washington state federal court, the second venue in which their suit was thrown out.
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May 27, 2025
Rental Co. Signs Deal With Pa. AG Over AI-Related Delays
The Pennsylvania arm of a Las Vegas-based rental management company will pay the state $45,000 — including $30,000 in refunds for tenants — to settle allegations that its artificial intelligence platform contributed to delays in repairs and rentals of unsafe housing, the Pennsylvania attorney general's office announced Tuesday.
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May 27, 2025
Contractor Blames Architect In $17.6M Conn. School Fire Suit
Connecticut contractor United Roofing & Sheet Metal Inc. on Tuesday asked a state trial court judge to throw out an architectural firm's attempt to shift blame after a school roof twice caught fire during a construction job, causing an alleged $17.6 million in damage.
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May 27, 2025
NC Justices Say Insured's Failure To Read Doesn't Bar Claim
North Carolina's highest court found a homeowner isn't barred from suing an insurance agency for negligence over false answers on a property insurance application even though he never read the document, saying context bears on his culpability.
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May 27, 2025
Ex-Solar CEO Can't Arbitrate Fraud Suit Now, Judge Says
The former CEO of a defunct solar company and its financial backers waived their rights to force Michigan residents into arbitration by extensively litigating a proposed class action that accused them of deceptive sales practices and racketeering, a federal judge ruled.
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May 27, 2025
Calif. Bar Seeks More Remedies After Problematic Feb. Exam
The state bar of California has formally asked the state Supreme Court to approve measures including a limited provisional licensure program and a more direct pathway to admission for out-of-state attorneys, in the state bar's latest attempt to seek equitable remedies amid the fallout from the bungled February 2025 California bar exam.
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May 27, 2025
Dollar Bank Yanks Funeral Home Loan Over Pet Accusations
A Pittsburgh-area funeral director's alleged failure to disclose that he was facing criminal charges and civil suits over accusations that he mishandled the remains of customers' pets led Dollar Bank to declare that he and his companies now owe nearly $332,000 on a 2023 loan, according to a lawsuit filed in state court.
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May 23, 2025
Law360 Reveals Titans Of The Plaintiffs Bar
This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.
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May 23, 2025
Disney Accuses YouTube Of Poaching Ex-Distribution Exec
Disney has hauled YouTube and freshly resigned Disney executive Justin Connolly into California state court, accusing YouTube of poaching Connolly, who it said was leading license renewal negotiations with the Google-owned video sharing company.
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May 23, 2025
X Says Media Matters Must Pay For 'Unjustified' Transfer Bid
Social media giant X Corp. wants Media Matters for America sanctioned for waiting more than a year to try to transfer X Corp.'s lawsuit against it, and told a Texas federal judge Wednesday that the left-leaning media watchdog must cover the costs of defending against the unsuccessful motion.
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May 23, 2025
Texas Justices Flip $6M Judgment In Gas Pipeline Row
The Texas Supreme Court chided a trial court after it "blue-penciled extra words" into a contract dealing with a natural gas pipeline, reversing Friday a $6 million judgment previously in favor of Rainbow Energy Marketing Corporation and what it called a "cascade of errors."
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May 23, 2025
X Corp. Hit With $8.2M Judgment Over Colo. Lease Breach
A Colorado state judge on Friday found that X Corp. violated a lease and ordered the company to pay more than $8.2 million in unpaid rent and other costs, citing testimony from a former employee that the social media company stopped making rent payments on various leases as a "renegotiating tactic."
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May 23, 2025
Alleged Forex Scammers Owe $18.5M In CFTC Default Win
A pair of entities purporting to be commodity trading platforms and the duo that allegedly controlled them have been hit with an order saddling them with restitution and civil penalty obligations totaling nearly $18.5 million after ignoring claims brought by the Commodity Futures Trading Commission.
Expert Analysis
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Trucking Litigation Will Shift Gears In The Autonomous Era
As driverless trucks begin to roll out across Texas, a shift in how trucking accidents will be litigated is swiftly coming into view, with the current driver-centered approach likely to be supplanted by a focus on the design, manufacture and performance of autonomous systems, says Geoffrey Leskie at Segal McCambridge.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Google Case Amicus Briefs Reveal Patent Damage Fault Lines
The 21 amicus briefs filed before the en banc rehearing of EcoFactor v. Google offer opposing viewpoints on important patent damages issues that extend beyond the specific question the Federal Circuit eventually ruled on, helping practitioners anticipate and address likely objections to future damages opinions, say attorneys at Stout.
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How Trucking Cos. Can Keep Rolling Under Tariff Burdens
Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.
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Tariff Strategies For The US Renewable Energy Sector
The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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As Tariffs Hit The Radar, PE Counsel Should Review Strategies
As tariffs compound existing challenges in the private equity sector, counsel should consider existing headwinds such as interest rates and industry-specific impacts like supply chains and pricing power, which may help mitigate risks and capture opportunity, says Nathan Viehl at Thompson Coburn.
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Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Mass. Suit Points To New Scrutiny For Home Equity Contracts
The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Hints Of Where Enforcement May Grow Under New CFPB
Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the CFPB seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.
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Assessing Jurisdictional Issues In 2nd Circ. Bank Audi Case
The Second Circuit's reasoning last month in Raad v. Bank Audi that the exercise of personal jurisdiction must be based on conduct taking place within the jurisdiction reminds foreign financial institutions to continually monitor how plaintiffs are advocating for an expansive view of personal jurisdiction in the U.S., say attorneys at Freshfields.
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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.