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Commercial Contracts
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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.
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October 14, 2025
Aetna Dodges Colo. County's $1.1M Suit Over Unpaid Rebates
A Colorado federal judge has dismissed a county's lawsuit alleging Aetna Life Insurance Co. withheld more than $1 million in pharmacy rebates under an unenforceable early termination clause, agreeing with the insurance company that the clause is valid and enforceable.
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October 14, 2025
Enterprise Seeks $358K In Unpaid Masters Tourney Rentals
Auto rental giant Enterprise alleged in a new lawsuit that a corporate client still owes nearly $358,000 in bills on hundreds of luxury cars rented for the 2025 Masters Tournament, claiming the client reneged on a payment plan after just two installments.
Expert Analysis
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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DeepSeek AI Investigation Could Lead To IP Law Precedents
The investigation by OpenAI and Microsoft into DeepSeek's artificial intelligence model raises interesting legal concerns involving intellectual property and contract law, including potential trade secret appropriation and fair use questions, say Saishruti Mutneja and Raghav Gurbaxani.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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What Contractors Can Do To Address Material Cost Increases
In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.
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Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion
The recent Delaware Superior Court ruling in Harman International v. Illinois National Insurance offers a critical framework for interpreting bump-up exclusions in management liability insurance policies, and follows the case law trend of narrow interpretation of such exclusions, says Simone Haugen at Tressler.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz
Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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What To Expect From Trump's Deputy Labor Secretary Pick
President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.