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Commercial Contracts
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September 11, 2025
Audible Credit Suit Raises Question On Wash. Gift Card Law
A federal judge in Seattle has floated asking Washington's high court to clarify the scope of the Evergreen State's gift card law, suggesting on Thursday that a consumer suit over expiring Audible credits hinges on whether the statute only covers instruments with monetary value. Â
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September 11, 2025
RSS Co-Creator Unveils License Plan For AI Content Crawlers
The co-creator of RSS feeds has helped launch a licensing process for AI crawlers that scrape website content to train artificial intelligence systems.
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September 11, 2025
Lin Wood Can't Shake Trial Win For Ex-Partners
Former attorney L. Lin Wood lost his bid to undo an approximately-$10 million award that he owes his ex-law partners relating to the breakup of their firm, with a Georgia state judge this week refusing to set aside a jury verdict in the case.
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September 11, 2025
Connecticut AG Enters Fray Over WNBA's Sun Franchise
Connecticut Attorney General William Tong on Thursday joined state and federal elected officials in turning up the heat on the WNBA over the on-again, off-again sale of the Connecticut Sun franchise, asking for league documents and information about purchase offers and for a meeting with Commissioner Cathy Engelbert and other league executives.
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September 11, 2025
Whitman Breed Settles Landlord's Suit Over $6.5M HQ Lease
Connecticut-based law firm Whitman Breed Abbott & Morgan LLC has settled a $3.8 million lawsuit by a commercial landlord that feared that it would breach its $6.5 million office lease after a significant headcount reduction and a partner's alleged claim that the firm would dissolve by June.
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September 11, 2025
Berkshire Co. Says Insurers Owe $22M For Antitrust Judgment
A Berkshire Hathaway-owned construction supplier said its insurers must pay for a $22.2 million judgment against it in a competitor's antitrust suit, telling a Colorado federal court that policies issued by Liberty Mutual, Swiss Re and Allianz units cover claims based on the publication of disparaging material.
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September 11, 2025
Influencer Vows To Revive Malpractice Case Against Akin
A social media influencer is planning to bring a malpractice suit in Texas state court against Akin Gump Strauss Hauer & Feld LLP after a federal judge found a lack of jurisdiction over claims that the firm mishandled a dispute over payment for participation in an amateur boxing competition.
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September 11, 2025
5th Circ. Won't Revisit Doctor's Captive Insurance Case
The Fifth Circuit rejected a Texas doctor's request for the full court to review a panel's July decision that he was not entitled to $1 million in tax deductions linked to his urgent care network's captive insurance company.
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September 10, 2025
Chinese Real Estate Co. Inks $5M Deal To End Investor Suit
Investors in Chinese real estate giant KE Holdings Inc. have asked a New York federal judge to give an initial nod to a nearly $5 million deal ending claims the company misled the markets about certain key performance metrics in filings associated with its secondary public offering.
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September 10, 2025
$70M Award To Petrobras Unit Must Be Nixed, NY Court Hears
Brazilian entities embroiled in a dispute over cost overruns on a project to supply components for offshore oil platforms urged a New York federal court Wednesday to vacate a $70 million arbitral award, which they say has resulted in a "gross windfall" for a Dutch Petrobras unit.
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September 10, 2025
T-Mobile Trial Kicks Off As Cell Tower Co. Ups Damages Claim
A Washington state judge chided a cell tower builder Wednesday for introducing new testimony in a breach-of-contract case against T-Mobile USA Inc. just before opening arguments in the trial, asking why the plaintiff firm hadn't shown its math on a fresh $30 million damages estimate. Â
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September 10, 2025
Teleradiology Co. Seeks OK Of Award Nixing $2M Fraud Claim
An Indian teleradiology company asked a Georgia federal court not to vacate an arbitral award that rejected a radiology provider's $2 million fraud claim against it, arguing that the arbitrator properly interpreted their longstanding vendor–vendee contract.
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September 10, 2025
Sonos Seeks Exit In $3M Royalties Suit By SoundExchange
Sonos says it shouldn't have to face a suit claiming it and Napster failed to pay more than $3.4 million in royalties, interest and other costs related to the operation of Sonos Radio, saying it never had the responsibility of having to pay any royalties.
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September 10, 2025
Fla. Judge Chides Attys Over Discovery In High-Rise Ch. 11
A Florida federal judge on Wednesday chided attorneys over discovery deadlines in a Chapter 11 bankruptcy case involving a downtown Miami high-rise development, setting an October deadline to produce documents after requests weren't fulfilled on time.Â
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September 10, 2025
Disney Says Forged Doc Aids $532K 'Moana' Sanctions Bid
An attorney for Disney on Wednesday urged a California federal judge to issue $532,815 in sanctions against attorneys representing an animator who unsuccessfully alleged "Moana" lifted from his Polynesian adventure story, saying the lawyers knew or should have known a key document in the case is a forgery.
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September 10, 2025
FTC Warns Healthcare Employers About Noncompetes
The Federal Trade Commission has sent letters warning healthcare employers and staffing companies not to include overly broad noncompete restrictions in their employment contracts and urged them to conduct a review to ensure they comply with the law.
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September 10, 2025
Liberty Says Subcontractor's Insurer Must Defend Injury Row
A subcontractor's insurer must defend and indemnify companies insured by a Liberty Mutual unit on a primary basis in a worker's injury lawsuit, the unit argued to a New York federal court.
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September 10, 2025
OpenAI Can't Keep For-Profit Shift Docs From Musk
A California federal magistrate judge has said that OpenAI must produce key planning documents in Elon Musk's lawsuit challenging its attempted shift into a for-profit business, rejecting arguments that the information is protected because it could influence future takeover bids by the billionaire or future investments by Microsoft.
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September 10, 2025
Vehicle Cosmetics Co. Sues Over AI-Voice Suit Threats
A manufacturer of vehicle wax and wash products has sued a voice actor in Texas federal court, seeking a declaration that he doesn't have a claim for misappropriating his likeness, saying a rogue employee created an artificial intelligence-generated version of his voice and that no revenues were derived from it.
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September 10, 2025
Del. Justices Urged To Reverse Ad Co. Note Conversion Nix
An investor group attorney told three Delaware Supreme Court justices Wednesday that the Court of Chancery wrongly found last year that advertising tech company Vistar Media Inc. had a right to involuntarily cash out millions worth of matured investor notes despite noteholder claims their agreement never allowed the move.
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September 10, 2025
Quarry Blasting Suit Dropped By NC Construction Supplier
A construction company dropped its lawsuit against a blasting services and distribution business Wednesday in North Carolina federal court, after accusing it in June of botching an explosives operation at a Colorado quarry.
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September 10, 2025
Kirkland Adds Fintech Regulatory Partner From McDermott
Kirkland & Ellis LLP has enhanced its fintech regulatory compliance capabilities in New York with the addition of an experienced corporate partner who joins the firm from McDermott Will & Schulte.
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September 09, 2025
4th Circ. Debates Whether 'Silence' In 340B Empowers States
Two states told a Fourth Circuit panel on Tuesday that "silence" in the law governing the federal government's drug discount program permits state enforcers to step in and regulate the delivery of those drugs to their communities.
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September 09, 2025
5th Circ. Says ConocoPhillips Can Arbitrate FLSA Suit
The Fifth Circuit on Tuesday ruled that a former ConocoPhillips safety consultant must arbitrate claims in his proposed collective action that accuses the oil and natural gas company of not paying overtime wages, saying in an unpublished opinion that the consultant entered into an agreement that incorporated an arbitration provision.
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September 09, 2025
Investor Tells Texas Justices UDF Claims Aren't Derivative
The Texas Supreme Court on Tuesday pressed an alternative investment firm to explain how its suit against an adviser to a fund at the center of a $100 million, decadelong Ponzi scheme would not be classified as a derivative action, asking what distinct injury allows the firm to sue individually.
Expert Analysis
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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.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.