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Commercial Contracts
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June 16, 2025
Paddle.com To Pay FTC $5M Over Tech Support Scam Claims
Payment processing company Paddle.com Market Ltd. agreed on Monday to pay $5 million to settle a suit brought by the Federal Trade Commission accusing it of assisting and processing payments for tech support scams.
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June 16, 2025
Krispy Kreme Brass Face Investor Suit Over McDonald's Deal
Officers and directors of doughnut chain Krispy Kreme Inc. are facing shareholder derivative claims that they concealed that a partnership with burger chain McDonald's was yielding disappointing results, hurting investors when the company finally conceded that it was facing financial uncertainty in connection with the deal.
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June 16, 2025
Telecoms Shareholder Gets Sanctions Lifted In Control Fight
A New York federal judge has vacated his order sanctioning an investor in telecommunications infrastructure firm Continental Towers LATAM Holdings Ltd. for ignoring arbitral awards issued in a bitter, yearslong dispute over control of the company, saying the man wasn't properly served.
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June 16, 2025
Petroleum Co. Owes $21M In Withdrawal Liability, Fund Says
Petroleum company Sieveking Inc. was hit Monday with a $21 million withdrawal liability suit in Illinois federal court by a pension fund that says the company should be paying off its balance while it asks an arbitrator to weigh in.
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June 16, 2025
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery this past week sought answers in the high-stakes battle over the constitutionality of newly enacted Delaware corporation law amendments, which will hitch a ride to the state's Supreme Court via a suit contesting a $117 million acquisition of Clearway Energy Inc. by its majority shareholder.
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June 16, 2025
Garbage-Truck Maker, Ex-Exec Stole Trade Secrets, Jury Told
Counsel for a fleet management technology firm told an Illinois federal jury Monday afternoon that a garbage-truck manufacturer it worked with to develop a system for monitoring waste-hauling vehicles breached their contract when it poached one of its executives and used confidential information he brought with him to build a competing product.
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June 16, 2025
Texas Panel Says NY Law Applies In Tornado Coverage Row
An Illinois-based company must litigate its insurance coverage battle over merchandise damage from a Dallas tornado under New York law, a Texas appeals court affirmed, finding the company's "legal injury" took place in New York.
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June 16, 2025
Pitt Can't Sell VIP Seats While Ticket Holder Seeks Injunction
A Pennsylvania state court judge enacted an emergency injunction Monday for a longtime University of Pittsburgh basketball season ticket holder, preventing the school from placing his courtside seats back into the ticket pool.
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June 16, 2025
Fed. Circ. Reverses False Ad Verdict Against ThermoLife
The Federal Circuit on Monday reversed a Florida federal court's decision that ThermoLife falsely promoted amino acid products used in supplements and engaged in unfair competition, but backed a sanctions award over a licensing agreement issue.
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June 16, 2025
Live Nation Arbitration Firm Defends Its 'Flexible' Approach
Live Nation's chosen arbitration firm is urging the U.S. Supreme Court to take up the concert giant's bid to force concertgoers into arbitration, arguing its procedures are fair, and it was wrongly dinged for what the Ninth Circuit called "internally inconsistent, poorly drafted" arbitration rules.
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June 16, 2025
4th Circ. Says No Premium Refunds Under Fed. Mortgage Law
A Virginia homeowner cannot recover premiums he'd prepaid for private mortgage insurance under a federal law mandating such insurance for certain borrowers, the Fourth Circuit ruled Monday, finding the Homeowners Protection Act of 1998's premium refund provisions do not extend to voluntary insurance cancellation agreements.
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June 16, 2025
Norton Rose Fulbright Says It Was Duped By Legal Tech Co.
Norton Rose Fulbright US LLP has accused the company behind a cloud-based legal workflow product of duping it into using its services and keeping client files without permission once their contract expired.
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June 16, 2025
Biz Seller Seeks Atty Fees After Win In 'Frivolous' Fraud Case
The former owner of a North Carolina concrete company is seeking attorney fees after defeating a buyer's fraud suit in a rare midtrial victory, saying her opponent should have to cover her legal costs for bringing claims to trial that were both "frivolous" and "malicious."
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June 13, 2025
McDonald's Inks Confidential Deal In $10B Race Bias Suit
McDonald's has reached a confidential settlement with film and television executive Byron Allen's companies resolving a $10 billion suit claiming the fast food chain discriminates against Black-owned media companies in its advertising expenditures, according to an announcement made Friday.
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June 13, 2025
Google Defeats $1.3B Contract Case Over Advertising Tech
A California state jury has rejected a company's breach of contract case that accused Google of misappropriating information about its digital advertising technology to build similar products, ending the suit that had sought $1.3 billion in damages.
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June 13, 2025
$1.6M Verdict Should've Been Trimmed Sooner, NJ Panel Says
A New Jersey trial court should've reduced a $1.6 million jury verdict to $200,000 sooner in an automobile accident dispute after the plaintiff told both the trial judge and judge in the defendant's bankruptcy proceedings he would seek only $200,000, a state appeals court ruled Friday.
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June 13, 2025
Shein Faces Arbitration Push Over Paid Influencer Claims
The Singapore-based owner of fast-fashion retailer Shein has told an Illinois federal judge that a proposed class of consumers must arbitrate their claims accusing the global e-commerce platform of trying to hide that it paid social media influencers to promote its products.
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June 13, 2025
9th Circ. Renews Copyright Claims In Software Cos. Fight
A Ninth Circuit panel has partially revived an intellectual property dispute between software companies Cloanto Corp. and Hyperion Entertainment, ruling that the lower court erred in tossing Cloanto's copyright claims while correctly axing its breach of contract claim.
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June 13, 2025
MV Realty CEO Banned From Real Estate Biz In NC
The CEO of brokerage MV Realty is banned from doing professional real estate business in North Carolina and local homeowners were released from "predatory" agreements that they signed with one of his other companies, the state's attorney general announced Friday.
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June 13, 2025
NC Hospitality Group Can't Revive COVID-19 Coverage Suit
A North Carolina-based hospitality group can't resurrect its suit seeking coverage for pandemic-related losses, a federal court ruled, saying changes in decisional law after a final ruling do not constitute "extraordinary circumstances" warranting relief from a judgment.
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June 13, 2025
Red Hat Keeps Suit Against Software Patent Owner Alive In NC
A North Carolina federal judge has refused to dismiss a lawsuit accusing a Texas-based patent owner of trying to extort a license from software company Red Hat Inc., finding the court has authority to hear the dispute.
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June 13, 2025
3 Firms Get Early Lead Roles In Daedong Data Breach Claims
A North Carolina federal judge handed three plaintiffs firms interim lead counsel roles in a proposed class seeking to hold tractor manufacturer Daedong-USA Inc. accountable for a data breach, while also agreeing to consolidate the three suits.
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June 13, 2025
PE Firm Caused Policyholder To Overpay, R&W Insurer Says
A representations and warranties insurer accused a private equity firm in Delaware Chancery Court of causing its policyholder to pay too much in its $140 million acquisition of a construction equipment manufacturer, arguing the firm must reimburse the insurer for its $12 million coverage payment.
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June 13, 2025
MrBeast's Ex-IT Worker Denies Trade Secret Theft Allegations
A former IT employee of YouTube personality Mr. Beast asked a North Carolina federal court to dismiss a lawsuit accusing him of stealing trade secrets before his firing, arguing Friday that the complaint against him fails to allege that he has disclosed or used any confidential documents.
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June 13, 2025
Repair Co. Must Still Fight Air Charter Co.'s 'Hot Start' Suit
A Kansas federal judge on Friday refused to hand a full win to a repair company in a suit by a charter flight company alleging one of its planes was damaged by a faulty part causing a "hot start," after a magistrate judge declined to exclude the charter company's expert.
Expert Analysis
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3 Mistakes To Avoid In Service Provider AI Terms
Every service provider contract doesn't need extensive artificial intelligence provisions, because when poorly drafted, they create impracticable obligations, miss important distinctions and may reflect wrong understanding of the law, says Chris Wlach at Huge Inc.
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5 Ways In-House Counsel Can Stay Ahead Of New HSR Rules
Now that the Trump administration’s new Hart-Scott-Rodino Act rules have been in effect for several months, in-house counsel should consider several practice pointers that can help spearhead management of M&A-related antitrust risk, say attorneys at Squire Patton.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Recent Complex Global Deals Reveal Regulatory Trends
An analysis of six complex global deals that were completed or abandoned in the last year suggests that, while such deals continue to face significant and lengthy scrutiny across the U.S, U.K. and European Union, the path to closing may have eased slightly compared to recent years, say attorneys at Weil.
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Google Damages Ruling May Spur Income Approach Usage
The Federal Circuit's recent decision in EcoFactor v. Google may affect the extent to which damages experts apply the market approach in patent infringement matters, and income approach techniques may assume greater importance, says Erin Crockett at Charles River Associates.
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Lessons From FTC Action On Dark Patterns In User Interfaces
The Federal Trade Commission's recent complaint against Uber for its billing and cancellation practices comes amid other actions addressing consumer confusion and deception, so it is paramount to deploy tools that assess customers' cognitive states of mind to separate lawful marketing from misconduct, says Ceren Canal Aruoba at Berkeley Research Group.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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11th Circ. Ruling Warns Parties To Follow Arbitral Rules
The Eleventh Circuit's recent decision in Merritt Island Woodwerx v. Space Coast is important for companies utilizing arbitration clauses because it clearly demonstrates the court's intent to hold noncompliant parties responsible in federal court — regardless of subsequent efforts to cure, says Ed Mullins at Reed Smith.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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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.