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Commercial Contracts

May 12, 2025
Zazzle Can't Dodge Copyright Claim Over Fonts, Judge Says

A California federal judge has axed fraud claims in a suit claiming online marketplace Zazzle Inc. profits from stolen intellectual property and fails to fairly compensate design owners, but said it couldn't dodge a copyright claim.
May 12, 2025
Insurer Must Pay Part Of $2M Construction Defect Settlement

A Minnesota state appellate court on Monday upheld a lower court's ruling that found an insurer must cover over $170,000 of a $2 million settlement聽between a marina and a contractor over alleged construction defects.
May 12, 2025
Kraft Heinz, IPS Head To Trial Over $12.5M Project Dispute

Neither Kraft Heinz Co. nor contractor Industrial Power Systems Inc. can avoid continuing toward a trial in their dispute over cost and time overruns on a $12.5 million project to upgrade an Ohio production facility, after a federal judge denied both sides' motions for summary judgment Monday.
May 12, 2025
Will Justices Finally Rein In Universal Injunctions?

The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
May 12, 2025
Cadwalader Drops Data Breach Coverage Suit Against Lloyd's

Cadwalader Wickersham & Taft LLP and a Lloyd's of London syndicate it sued seeking coverage for litigation stemming from a 2022 data breach have agreed to end their dispute in North Carolina's business court with prejudice, according to a joint stipulation from the parties.
May 12, 2025
Police Can't Axe Game Co. Subpoena In Eckert Seamans Fight

A Pennsylvania federal judge on Monday rejected the Pennsylvania State Police's bid to completely avoid a subpoena from a skill games company suing Eckert Seamans Cherin & Mellott LLC for an alleged conflict of interest, but noted that the department raised legitimate concerns about the subpoena's scope.
May 12, 2025
Bradley Arant Faces DQ Bid In Georgia Mall Rent Dispute

A mall has urged a Georgia federal judge to disqualify Bradley Arant Boult Cummings LLP from representing a tenant in an unpaid rent dispute, arguing that the law firm has a conflict of interest because it has represented the mall's sister corporation in similar litigation.
May 12, 2025
Broker's Insurer Wants Out Of Suit Over Bad Advice

A professional liability insurer told a Florida federal court it owes no coverage to an insurance broker accused of wrongly advising its client on a $15.9 million hurricane loss because the advice came years before coverage began.
May 12, 2025
Toll Bros. Must Face Counterclaims In $12M Security Sale Suit

The home security arm of Pennsylvania-based homebuilder Toll Brothers can't make any further cuts to the counterclaims from Security Systems Inc. in a $12 million lawsuit over the latter's purchase of nearly 10,000 customer accounts, a Connecticut state court judge ruled Friday.
May 12, 2025
2nd Circ. Sides With Subway In Russia Franchisee Arbitration

The Second Circuit on Monday affirmed two arbitration awards that allowed sandwich chain Subway International BV to sever ties with its former Russian franchise owner.
May 12, 2025
AI Training May Need Licensing, Copyright Office Says

Using copyrighted material to train generative artificial intelligence systems may not always be excused by fair use, the U.S. Copyright Office said in a highly anticipated report addressing the issue, suggesting that licensing may be required in some instances.
May 12, 2025
Broker Wants To Trim Chipwich Maker's $4.5M Recall Suit

An insurance broker asked a Connecticut state court to trim a suit seeking $4.5 million for losses that the maker of Chipwich ice cream sandwiches alleges it incurred because of insufficient product recall coverage, saying the company can't sustain its breach of contract claim.
May 09, 2025
FTC Says Amazon Hid Doc Calling Bezos 'Dark Arts Officer'

The Federal Trade Commission has urged a Seattle federal court to impose punitive sanctions on Amazon in the commission's lawsuit accusing the e-commerce giant of trapping consumers into Prime subscriptions, saying Amazon withheld tens of thousands of documents in bad faith by baselessly claiming the documents were privileged.
May 09, 2025
Pa. Top Court Snapshot: Cap & Trade, Prosecutor Power

The scope of powers held by the Pennsylvania governor, the attorney general, and state and local utility authorities will take center stage in Harrisburg when the state Supreme Court convenes for its May session.
May 09, 2025
NYC Deed Theft Schemer Convicted On 18 Counts

The final of five co-conspirators accused of running a deed theft ring that stole three properties worth $1 million from elderly homeowners was convicted by a Queens jury, New York Attorney General Letitia James announced on Friday.
May 09, 2025
Calif. Bar Seeks Provisional Licenses And More For Exam Snafu

California Bar trustees voted on Friday to ask the state Supreme Court to grant provisional licenses to the hundreds of applicants who did not pass the tumultuous February bar exam, which was rife with technical, proctoring and procedural issues.
May 09, 2025
Cannabis Co. Wins Bid To Block Lender From Seizing Cash

A New Jersey federal judge on Friday granted a cannabis company's bid to block its lender from seizing any of its assets or cash amid a dispute over whether it defaulted on loans to build its business, ruling that the company was likely to succeed on its claims after an evidentiary hearing.
May 09, 2025
Texas High Court Says Writing Trumps Verbal Drilling Deal

The Texas Supreme Court handed a victory to an energy company that sold mineral rights it had acquired for about $5 million, reversing a state appeals court in a Friday opinion finding that supposed oral agreements didn't prevent the resale.
May 09, 2025
NY Developer Denied More Time To Pay SEC $229M Settlement

A New York federal judge denied a motion by a real estate developer and his wife to extend the deadline for a $229.6 million payment required under a consent judgment with the SEC to settle claims they had schemed to raise money from hundreds of Chinese investors using false statements.
May 09, 2025
Wells Fargo Execs Sued In Del. Over 'Sham' Diversity Efforts

A Wells Fargo stockholder launched a derivative suit on Friday in Delaware's Court of Chancery seeking damages from 17 of the banking giant's directors and officers for potentially billions in costs tied to alleged "sham" diversity-focused recruitment and hiring initiatives.
May 09, 2025
American Airlines Wins Suit Over Teen's In-Flight Death

A Texas federal judge has sided with American Airlines Inc. in a mother's suit over her teenage son's death on a flight, finding the flight crew's "imperfect" response to her son's emergency does not constitute an "accident" under international flight law.
May 09, 2025
Musk Accused Of Underpaying Petition Bounties

Elon Musk and his political action committee America PAC got hit with another proposed class action by swing-state voters who say they were not fully paid for putting their names to the petition that he and his PAC promised up to $100 for signing before the 2024 election.
May 09, 2025
IP Partner Rejoins Venable After Morgan Lewis Stint

Venable LLP has聽welcomed an intellectual property litigator back to its Washington, D.C., office after a stint at Morgan Lewis & Bockius LLP, touting her experience advising media, consumer product and software companies on a variety of IP matters, especially those involving artificial intelligence and copyright issues.
May 09, 2025
Auto Parts Mogul Challenges Order To Pay Alter Domus $127M

An auto parts manufacturer accused of failing to make good on a credit agreement urged a Michigan federal judge to undo a 2021 ruling ordering him to pay $127 million to Alter Domus, saying the administrative agent admitted it did not have a financial stake in the case.
May 09, 2025
Souter's Clerks Remember Him As Humble, Kind And Caring

Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.

Expert Analysis

What 2024 Trends In Marketing, Comms Hiring Mean For 2025

The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends 鈥� from changes in the C-suite to lateral move challenges 鈥� providing clues for what鈥檚 to come in the year ahead, says Ben Curle at Ambition.
Series

Group Running Makes Me A Better Lawyer

The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen聽at聽Greenwald Doherty.
Opinion

6 Changes I Would Make If I Ran A Law School

Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

Partner mobility data suggests that the third quarter of this year continued to be a buyer鈥檚 market, with the average candidate demanding less compensation for a larger book of business 鈥� but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a 鈥渟liding scale鈥� approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

Cases can appear complex for several reasons 鈥� due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources 鈥� but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
Series

Gardening Makes Me A Better Lawyer

Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
Litigation Inspiration: Reframing Document Review

For attorneys 鈥� new ones especially 鈥� there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
A Legal Perspective On NYC's Retail Real Estate Evolution

As New York City's retail market begins to show signs of resilience after the challenges of recent years, landlords must be cognizant of legal implications from shifting trends toward shorter-term leases and pop-up stores, says Andrea Gendel at Pryor Cashman.
The Fed. Circ. In October: Anti-Suit Injunctions And SEPs

The Federal Circuit's holding in Ericsson v. Lenovo, a complex global case involving standard-essential patents, will likely have broad consequences for practitioners, including by making it easier to obtain an anti-suit injunction, say attorneys at Knobbe Martens.
California Supreme Court's Year In Review

Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
How CFIUS' Updated Framework Affects Global Investors

The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.
Service Providers Must Mitigate 'Secondary Target' Risks

A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct 鈥� so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
Series

Flying Makes Me A Better Lawyer

Achieving my childhood dream of flying airplanes made me a better lawyer 鈥� and a better person 鈥� because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
Series

Circus Arts Make Me A Better Lawyer

Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.