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Commercial Contracts
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July 14, 2025
NBA Deal Investor Suit Doesn't Hold Up, Warner Bros. Says
Warner Bros. Discovery has asked a New York federal judge to throw out investors' proposed class action over its failed negotiations for a new media rights agreement with the NBA, arguing that the investors haven't pointed to any evidence showing that Warner Bros. intended to mislead them about the deal.
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July 14, 2025
9th Circ. Partially Revives Doc's COVID-19 Insurance Fight
The Ninth Circuit on Monday revived a lawsuit from an immunocompromised oral surgeon claiming Paul Revere Life Insurance Co. wrongly denied him disability benefits when he stopped working during the COVID-19 pandemic, saying a reasonable jury could find that he was unable to do his work.
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July 14, 2025
TD Bank Defends $3 Monthly Paper Statement Fee
TD Bank has urged a New York federal judge to end a proposed class action alleging it illegally charges customers a $3 fee if they receive checking account paper statements every month, arguing Monday it has the authority under the National Bank Act to levy non-interest charges and fees.
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July 14, 2025
Michael Jordan's NASCAR Team Takes 2nd Stab At Injunction
Two NASCAR teams retooled their fight to finish out the 2025 race season as chartered teams Monday, telling a North Carolina federal court that their businesses are imperiled without an injunction and temporary restraining order that guarantee lucrative racing slots.
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July 14, 2025
Fla. Landlord Accuses Akerman Of Botching Lease Language
Real estate investor Turner Healthcare Facilities Fund LP on Monday accused its former Akerman LLP counsel in a south Florida state court of having committed a $45 million "mistake" by approving unenforceable clauses in leases on properties the investor owned.
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July 14, 2025
LinkedIn Antitrust Deal Offers Open Access And $4M For Attys
LinkedIn will stop conditioning online interface access on would-be rivals agreeing not to field their own professional social network, under an antitrust settlement with premium subscribers disclosed Friday in California federal court that promises $4 million for class attorneys from Bathaee Dunne LLP, Burke LLP and Korein Tillery PC.
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July 14, 2025
Ex-Engineer At Tech Co. IyO Hit With Trade Secrets Suit
Technology company iyO Inc. has alleged in a California state court lawsuit that a former engineer gave confidential company information to the co-founder of competitor io Products Inc., which is currently facing a federal trademark lawsuit alongside its new owner, OpenAI.
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July 14, 2025
Jury Says Commercial Real Estate Owner Hid $4.8M
A jury in Washington federal court has found a commercial real estate company owner guilty on charges of concealing nearly $5 million in income from the Internal Revenue Service using a series of limited liability companies.
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July 14, 2025
Aetna, CVS Can't Dodge $21M Payment Battle, Lab Says
A Pennsylvania-based medical laboratory has told a Connecticut federal court its lawsuit against Aetna and its owner, CVS Health Corp., sufficiently accused the companies of failing to pay $20.6 million in invoices.
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July 14, 2025
Wachtell Guides Huntington Bancshares On $1.9B Veritex Buy
Huntington Bancshares Inc. said Monday it has agreed to acquire Dallas-based Veritex Holdings Inc. in an all-stock transaction valued at $1.9 billion, deepening the Ohio-based lender's presence in the Texas market.
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July 11, 2025
Fla. Disinfectant Co. Seeks Stay From $5M Canada Judgment
A Florida disinfectant company asked a state civil court to stay enforcement of a $5.1 million Canadian judgment over breaching a contract for electronic parts supplied during the COVID-19 pandemic, arguing the order was appealed and that the contract was obtained without approval.Â
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July 11, 2025
Midyear 2025: A Glimpse At Sports Betting Enforcement
The first half of 2025 saw a flurry of activity in the enforcement of sports betting rules, with two NBA veterans finding themselves at the center of a federal gambling probe, two mixed martial arts fighters receiving lengthy suspensions, and Shohei Ohtani's disgraced interpreter catching a 57-month prison sentence for theft.
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July 11, 2025
6th Circ. Tosses Arbitration Denial In FCA Minivan Fire MDL
A Michigan federal judge flubbed it when he denied Fiat Chrysler's bid to push into arbitration some of the plug-in hybrid minivan drivers who claim in multidistrict litigation that their vehicles could spontaneously explode, the Sixth Circuit ruled Thursday, saying the judge tipped the scales against the automaker by raising arguments the drivers hadn't mentioned.
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July 11, 2025
5th Circ. Cites Expert Errors In Rejecting BP Spill Sinus Claims
The Fifth Circuit has ended a cleanup worker's toxic tort lawsuit against BP Exploration & Production Inc. claiming he suffered sinus issues from cleaning up the 2010 Deepwater Horizon spill, saying his experts' testimony, some of which was riddled with errors, was properly ejected by the trial court.
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July 11, 2025
SEC Says $140M Ponzi Funded Lifestyle, Campaign Donations
The U.S. Securities & Exchange Commission sued First Liberty Building & Loan LLC and owner Edwin Brant Frost IV in Georgia federal court, alleging Frost defrauded 300 investors out of $140 million in a Ponzi scheme that fueled Frost's lavish lifestyle and his donations to Republican campaigns totaling six figures.
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July 11, 2025
Amgen Eyes New Trial After Regeneron's $407M Antitrust Win
Amgen urged a Delaware federal judge in documents made public Friday to overturn a nearly $407 million antitrust and tortious-interference verdict in favor of Regeneron, saying there was a serious lack of evidence shown to the jury.
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July 11, 2025
4th Circ. Backs 'GT Racing' Gaming Chair Social Media Block
The Fourth Circuit on Friday upheld a lower court's decision blocking gaming chair company Wudi Industrial from using the trademark "GT Racing" in its social media accessible in European countries for certain goods.
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.Â
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July 11, 2025
Fed. Circ. Questions Patent Ownership After J&J's $20M Loss
The Federal Circuit appeared somewhat skeptical Friday that an orthopedic surgeon held onto the rights of knee replacement patents that he disputably assigned elsewhere, which would endanger the $20 million infringement verdict he won against a Johnson & Johnson unit.
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July 11, 2025
Real Estate Co. Says Pa. Title Insurer Missed Invalid Deed
A real estate company claims its title insurance company missed an invalid deed on a Philadelphia row house it purchased in 2020, negating years of ownership and investment in the property, according to a lawsuit filed in state court.
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July 11, 2025
Netlist Judge To Query Jurors Post-Trial Over Voir Dire Replies
A California federal judge considering Samsung's bid for a fourth trial in its contract fight with Netlist on grounds that three jurors allegedly lied during voir dire told the parties Friday that he'll question those jurors about why they didn't disclose their involvement as parties in unrelated civil proceedings.
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July 11, 2025
Hospitals Used Retirement Forfeitures For Self-Gain, Suit Says
A North Carolina hospital system cost workers millions in savings by using forfeited matched funds in its retirement plan to cover its own contribution obligations instead of reducing plan expenses paid by employees, according to a new proposed class action filed in federal court.
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July 11, 2025
Florida Insurer Sued For Alleged Bias In Arbitration Process
A 92-year-old Miami resident has brought a petition against one of Florida's largest property insurers over redirecting disputes away from courts and into state arbitration hearings, described as forums with biased administrative law judges who shield the company from legal liability.Â
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July 11, 2025
Capgemini Asks Judge To Toss MoneyGram Data Breach Suit
Capgemini America Inc. has asked a Texas federal judge to toss a suit from MoneyGram Payment Systems Inc. blaming the IT company for a sweeping data breach, saying it never had access to the data that cybercriminals absconded with in September 2024.
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July 11, 2025
HOA Is Pushing Out Country Club Owner, NC Suit Says
A Florida country club operator asked a North Carolina judge to find that it controls a Charlotte-area country club and golf course within a gated community, alleging that a homeowners association has refused to recognize the company as the club's owner.
Expert Analysis
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Next Steps In The $2.8B Blue Cross Payout To Providers
Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Key Territory-Split Licensing Lessons For Life Sciences Cos.
Territory-split deals can allow life sciences companies to maximize products' potential across a range of geographic areas, but these deals also present unique challenges requiring highly bespoke structures that can make or break the value of an asset, say attorneys at Covington.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Opinion
In Visa Case, DOJ Continues To Misapply The Sherman Act
The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.Â
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Key Legal Considerations After Supply Chain Disruptions
After U.S. supply chain disruptions — like the recent port workers' strike, and Hurricanes Helene and Milton — stakeholders should look to contractual provisions to mitigate losses, and keep in mind that regulators will be watching closely for unfair shipping practices, say attorneys at Holland & Knight.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Why Secured Lenders Must Mind The Gap In UCC Searches
If not adequately addressed, the Uniform Commercial Code filing indexing gap can interfere with a lender's expected lien priority, but taking appropriate preclosing actions and properly timing searches can eliminate this risk, says Robert Wonneberger at Barclay Damon.
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The Fed. Circ. In October: Aetna And License-Term Review
The Federal Circuit's recent decision that Aetna's credit card licensing agreement with AlexSam did not give the insurer immunity from patent infringement claims serves to warn licensees to read their contracts carefully, say attorneys at Knobbe Martens.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.