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Commercial Contracts
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August 28, 2025
Wyndham Licensee Must Cover Sex Trafficking Claims
A New Jersey federal judge has found that a Wyndham Hotel Group LLC licensee can't escape an indemnity provision requiring it to cover the group in suits alleging sex trafficking was allowed to happen at the hotel.
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August 28, 2025
Hotel Group Says Insurer Owes $12.5M For Helene Losses
A hotel group said it is entitled to recover $12.5 million from a Liberty Mutual unit for business interruption losses stemming from Hurricane Helene, the company said, telling a North Carolina federal court that the insurer has unjustifiably and in bad faith refused to provide coverage.
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August 28, 2025
NFL, Teams Defend Stay In Licensed Merch Monopoly Case
The NFL, its 32 teams and Fanatics have asked a New York federal court to maintain a stay on a lawsuit that accuses them of colluding to monopolize online sales of league-licensed merchandise, arguing the outcome of a similar lawsuit is relevant to its litigation.
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August 27, 2025
Alter Domus Says Mogul Blocked Bidders From Asset Sale
In a seemingly rare move, an administrative agent seeking fulfillment of an award worth hundreds of millions of dollars challenged an auto mogul's purchase of his own trust's assets through a judicial sale, with an attorney arguing Wednesday that the $19 million sale is significantly lower than the assets' value and was made without a fair bidding process.
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August 27, 2025
Quinn Emanuel Fights Uphill To Collect On LA's $280K Bill
A Quinn Emanuel Urquhart & Sullivan LLP attorney on criticized a California appellate panel's tentative ruling affirming a court's order that the firm cannot collect roughly $280,000 in legal bills from Los Angeles County, saying Wednesday it gives "short shift" to the firm's arguments and "myopically" misses "the forest for the trees, frankly."
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August 27, 2025
Citizens Say FinCEN's Real Estate Transfer Rule Unlawful
Two citizens asked a Texas federal judge to throw out FinCEN's rule requiring disclosure of residential real estate transfers to corporate entities and trusts even when no money changes hands, saying the rule runs afoul of the Constitution.
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August 27, 2025
Ameritas Urges Ga. Justices To Void 'Life Wager' Policy
Ameritas Life Insurance Corp. urged the Supreme Court of Georgia Wednesday to hold that a trust that purchased a woman's investor-backed life insurance policy years after it was written can't collect after her death, warning the court that allowing the trust to do so would provoke "a run" of third-party policies in the state.
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August 27, 2025
Investor Wants $250K, SUV Returned In Cannabis Venture
A Los Angeles investor is suing a number of people and entities who convinced him to sink $325,000 into a real estate and cannabis dispensary holding company, only to end up with no shares in the business and to discover the company's success was exaggerated.
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August 27, 2025
Judge Allows Bulk Of Grand Theft Auto IP Suit To Proceed
A Los Angeles federal judge has allowed most of a copyright and trademark infringement suit brought by video game maker Take-Two Interactive Software Inc. against a website that sells cheat codes for Grand Theft Auto V to move forward.
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August 27, 2025
Ex-Software Co. Execs' Win Upheld In Retirement Plan Fight
The Eleventh Circuit has ruled software company NCR Corp.'s "top hat" retirement plans didn't allow the company to issue lump-sum payments to plan participants as alternatives to promised life annuities, affirming former company executives' win in the contract breach suit alleging they were shortchanged payouts from the plans.
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August 27, 2025
Bitcoin Miner Says Energy Co. Owes $2.6M After Contract Exit
A Washington energy company owes more than $2.5 million to a Canadian cryptocurrency outfit after prematurely quitting a bitcoin-mining agreement, the Toronto-based firm claims in a new federal lawsuit filed in Seattle.
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August 27, 2025
Widower Says Justices Need Not Hear Freight Broker Case
A widower has told the U.S. Supreme Court that the Sixth Circuit correctly determined federal law doesn't shield an Ohio-based freight broker from state-based negligence and personal injury claims over a 2019 accident that killed his wife.
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August 27, 2025
CoStar Says Copyright Claims Against CREXi Can't Wait
CoStar Group Inc. told a California federal court that Commercial Real Estate Exchange Inc. is continuing to use its copyrighted images and urged the court not to put its infringement claims on hold for the rival listing platform's "makeweight" antitrust counterclaims.
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August 27, 2025
No Coverage For Voluntary Phishing Payments, Insurer Says
A Pittsburgh seating company is not entitled to coverage for more than $530,000 it lost in a computer phishing scheme, an insurer told a Pennsylvania state court, saying the payments made by the company's co-owner were voluntary and thus excluded by its policy.
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August 27, 2025
Investors Accuse Suns Owner Of Undermining Minority Stakes
Two groups holding minority stakes in the NBA's Phoenix Suns and WNBA's Phoenix Mercury sued for company documents in Delaware's Court of Chancery Wednesday, alleging there is a lack of transparency and majority owner Mat Ishbia is attempting to dilute their investment.
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August 27, 2025
Ga. Law Firm's Fee Fight With Broker-Dealer Moved To Mich.
A Georgia federal judge moved an Atlanta-area law firm's suit accusing a Michigan-based investment firm of failing to pay $180,000 in legal fees to the Great Lakes State after finding there is no evidence linking the Michigan-based company's Georgia branches to the alleged breach of contract.
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August 27, 2025
IP Atty Challenges 'Pittance' Valuation Of Ex-Partners' Names
A longtime Connecticut intellectual property lawyer who left Ohlandt Greeley Ruggiero & Perle LLP to launch his own firm says the names of two deceased partners are worth more to a remaining attorney than an expert's proposed 2% licensing fee, arguing the names achieved "celebrity status" in the IP community.
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August 27, 2025
Co-Founder Says Weapons Tech Co. Undercut Stock Buy
A co-founder of Armaments Research Co. sued the artificial intelligence-enabled weapons sensor company in North Carolina's business court, alleging that it failed to abide by their agreement to buy back his founding shares after he left the company.
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August 27, 2025
Faegre Drinker Says Investor Can't Call Biz Loss Malpractice
Faegre Drinker Biddle & Reath LLP told a New Jersey state court this week that a malpractice suit it faces from a real estate investor is nothing more than an attempt by the investor to shift responsibility for a failed investment.
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August 26, 2025
Uber Eats To Pay Couriers $15M To End Seattle's Wage Claims
Uber Eats has inked a $15 million settlement to end allegations that it flouted the city of Seattle's worker protection laws by failing to pay drivers what they were promised, including bonus earnings and minimum payments for canceled fares.Â
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August 26, 2025
AI Copyright Licensing Is Helping To Fuel Tech's Evolution
While courts wrestle with fair use questions around artificial intelligence training, legal experts say the growing number of licensing deals between tech companies and copyright owners is setting market norms for accessing the troves of content needed across rapidly evolving AI applications.
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August 26, 2025
Joy Dish Soap Maker Scrubs $12M Suit Against Conn. PE Firm
The Michigan company that formerly manufactured Joy Dish Soap is scrubbing two of its lawsuits against a Connecticut private equity firm, Piney Lake Capital Management LP, that claimed the latter soiled a deal to produce the soap after purchasing the brand from Procter & Gamble.
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August 26, 2025
Golf Teachers' Org Looks To Arbitrate Trademark Dispute
A U.S.-based organization that trains and certifies golf teaching professionals urged a Florida federal court to order its Chinese counterpart to arbitrate a trademark dispute, saying the Hong Kong-based group is misusing its logos and selling unauthorized merchandise.
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August 26, 2025
Anthropic, Authors Reach Deal In AI Copyright Cases
Artificial intelligence developer Anthropic said Tuesday it has inked a deal to end copyright litigation from authors who allege that their works were illegally obtained to train the company's large language model, Claude.
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August 26, 2025
'Belief' Insufficient For Trade Secrets Claims, NC Biz Judge Says
A trio of healthcare and real estate companies couldn't secure a preliminary injunction meant to prevent their former CEOs from disclosing or using alleged trade secrets, as North Carolina's business court ruled the amended complaint relied too heavily "on information and belief."
Expert Analysis
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Navigating Potential Sources Of Tariff-Related Contract Risk
As the tariff landscape continues to shift, companies must anticipate potential friction points arising out of certain common contractual provisions, prepare to defend against breach claims, and respond to changing circumstances in contractual and treaty-based relationships, say attorneys at Debevoise.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Florida Case Could Redefine Construction Defect Damages
If a Florida appellate court overturns the trial court in a pending construction contract dispute, the state could experience a seismic shift in construction defect damages, effectively leaving homeowners and developers with an incomplete remedy, says Andrew Gold at Akerman.
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Indemnity Lessons From Mass. Construction Defect Ruling
The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' statute of repose, should spur design and construction professionals to negotiate limited provisions, says Christopher Sweeney at Conn Kavanaugh.
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When Reshoring, IP Issues Require A Strong Action Plan
With recent headlines highlighting tariffs as high as 3,521%, more firms will contemplate reshoring manufacturing to the U.S., and they will need to consider important intellectual property issues as part of this complex, expensive and lengthy undertaking, say attorneys at Norton Rose.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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4 Strategies For De-Escalating Hospitality Industry Disputes
As recent uncertainty in the travel business exacerbates the risk of conflict in the hospitality sector, industry in-house counsel and their outside partners should consider proactive strategies aimed at de-escalating disputes, including preserving the record, avoiding boilerplate clauses and considering arbitration, say Randa Adra at Crowell and Stephanie Jean-Jacques at Hyatt.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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'A Deal Is A Deal': Tariffs No Excuse To Dodge Contract Terms
Tariff policy uncertainty is unlikely to be a basis for allowing a party to avoid contractual obligations, but businesses can still plan for future disputes related to pricing, operations and the supply chain, including with the addition of tariffs to any force majeure provision, say attorneys at Arnold Porter.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.