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Commercial Contracts
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August 14, 2025
9th Circ. Won't Revive 3M Worker's Noncompete Dispute
The Ninth Circuit on Thursday declined to revive a former 3M Co. employee's lawsuit over a noncompete provision in his employment contract, agreeing with a Washington federal court's finding that the complaint failed to allege 3M actually enforced or leveraged the noncompete in violation of state law.
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August 14, 2025
9th Circ. Restores Boeing's $72M Loss In Electric Jet IP Suit
A Ninth Circuit panel reinstated a $72 million jury verdict against Boeing in an electric jet startup's trade secret case on Thursday and said a new judge should handle future proceedings, flagging the trial judge's late disclosure that his spouse acquired Boeing stock through an IRA during the litigation.
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August 14, 2025
Healthcare Co. Exec, GC Revealed Trade Secrets, Court Told
A preponderance of emails shows that former CEOs involved with a trio of healthcare and real estate companies shared financial documents and other intellectual property that were undoubtedly trade secrets, the companies' attorney told the North Carolina Business Court on Thursday.
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August 14, 2025
9th Circ. OKs Returning Calif. Farm Wage Suit To State Court
A California farmworker's wage and hour suit against Sunsweet Growers Inc. can proceed in state court, a Ninth Circuit panel ruled Thursday, rejecting the company's argument that the suit belongs in federal court and should be dismissed.
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August 14, 2025
9th Circ. Affirms Damages In Litigation Support Services Dispute
The Ninth Circuit on Thursday affirmed a Nevada federal court's judgment awarding a litigation support services company a combined $350,000 in liquidated damages and attorney fees after finding a competitor breached their years-old settlement and violated its trademark, determining the district court had not selectively enforced the rules.
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August 14, 2025
NBA Signs Off On $6B Sale Of Celtics
The National Basketball Association board of governors approved the sale of the controlling interests in the Boston Celtics to an investor group led by private equity firm co-founder Bill Chisholm, with the valuation of the club estimated at $6.1 billion.
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August 14, 2025
NC Mortgage Lender Seeks Coverage For Fraud Claims
A mortgage lender said it is owed $540,000 from a title insurer after a borrower filed a complaint with the North Carolina Department of Justice about fraudulent activity related to his loan, telling a federal court the insurer shirked its obligations under the policy and related coverage documents.
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August 14, 2025
NY Man Owes PNC $27.3M After Kiting Spree, Bank Claims
PNC Bank has sued a New York man and his eight companies, alleging they owe the bank $27.3 million after executing a massive check-kiting scheme against the bank over a recent 12-day period.
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August 14, 2025
Disney, ESPN Hit With Trade Secrets Suit By Tech Startup
A sports technology startup sued Disney and ESPN in New York federal court on Thursday, alleging they "feigned" interest in a business partnership in order to lift trade secrets and launch a version of the startup's software.
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August 14, 2025
Calif. Justices Say No Arb. For Nursing Home Death Claim
The California Supreme Court on Thursday reversed a decision sending to arbitration a wrongful death claim by parents who allege their son was neglected at the 24-hour skilled nursing facility he was admitted to.
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August 14, 2025
Citibank Gets Partial Win In $15M Brooklyn Foreclosure Suit
A New York federal judge partially sided with Citibank on Thursday in the bank's Brooklyn property foreclosure suit against a loan guarantor and a company that defaulted on a $15 million mortgage loan.
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August 14, 2025
Insurer Avoids Bad Faith Claims In $2M Vandalism Case
A California state court dismissed a property owner's claims that its insurer refused in bad faith to cover nearly $2 million in vandalism losses after its tenant, a cannabis cultivator, ended its lease, but found the owner's breach of contract claim can still proceed to trial.
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August 14, 2025
Ga. Management Co. Sues Over Doechii, SiR Festival Deposit
A Georgia entertainment management firm has filed suit against a man and his management company for allegedly failing to secure hip-hop artists Doechii and SiR to perform at a Baltimore music festival despite collecting a more than $185,000 deposit for that purpose.
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August 14, 2025
2nd Circ. Denies NFL Arbitration In Flores Case
Fired Miami Dolphins coach Brian Flores won efforts to keep his racial discrimination claims against the NFL in federal court, with the Second Circuit finding Thursday that the league cannot force him into arbitration because the organization has unilateral control over the process.
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August 13, 2025
4th, 11th Circs. Shoot Down Local Gov't Cell Tower Denials
Both the Fourth and the Eleventh Circuits issued decisions Wednesday allowing cell tower companies to move forward with projects over the objections of local governments that denied them permission.
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August 13, 2025
Whoop's Health Tracker Accused Of Sharing Users' Data
Health and wellness company Whoop Inc., whose wearable devices track and collect users' heart rate, movement, blood pressure and other health metrics, is secretly sharing that data and other user information with an undisclosed third party, according to a proposed class action filed Wednesday in California federal court.
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August 13, 2025
Whole Foods Battles Dismissal Bids In $1M Asbestos Suit
Grocery giant Whole Foods aimed to fend off dismissal bids Wednesday from a shopping plaza owner and landlord, telling the North Carolina Business Court that it sufficiently alleged contract breaches that led to asbestos entering one of its stores.
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August 13, 2025
Texas Business Court Calls Dibs On $72M Apartment Row
A Texas Business Court judge ruled that he has jurisdiction over fraud claims brought by an investor in a $72 million apartment project in Dallas' Deep Ellum neighborhood, saying in a published opinion the investor can't remove the claims to a state district court.
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August 13, 2025
FTC Closes Antitrust Probe Of Calif. Truck Emissions Pact
The Federal Trade Commission has closed an antitrust investigation into Daimler, Volvo and other heavy-duty truck manufacturers after they swore off an agreement brokered with California regulators to abide by heightened emission standards.
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August 13, 2025
NY Blasts Ski Resort Owner's 11th-Hour Antitrust Remedy
New York is urging a state court to reject a belated proposal from the owner of a ski resort that he enact price controls instead of adhering to the state's demands that he sell the property after he was found responsible for violating antitrust laws.
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August 13, 2025
Texas Judge Says Hoosiers Player Can Stay On Team For Now
A Texas state court judge granted a temporary court order allowing a defensive back for the Indiana University Hoosiers to stay on the team despite a five-year eligibility cap for college athletes, saying during a Wednesday hearing he could not see how keeping the order would harm the NCAA.
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August 13, 2025
OpenAI, Microsoft Beat Musk's RICO Claims In For-Profit Fight
OpenAI and Microsoft again beat Elon Musk's racketeering claims in his lawsuit challenging OpenAI's now-abandoned pivot to a for-profit enterprise, after a California federal judge said Tuesday the amended allegations do not provide details on how the companies ran the enterprise through a pattern of racketeering activity.
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August 13, 2025
Oil Co. Calls Partner's Field Tech Misuse 'Catastrophic'
A Houston oilfield equipment company has told a state court that Baker Hughes Oilfield Operations LLC has continually ignored its warnings about how to safely use its drilling equipment, setting the company up for a "catastrophic event" in the field.
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August 13, 2025
11th Circ. Doubts Timeliness Of Ex-NFL Player's Benefits Suit
A former NFL player's bid to restart his suit seeking additional benefits from a disability retirement plan faced tough questions at the Eleventh Circuit on Wednesday, with multiple judges questioning how his claims weren't time-barred when the record showed an initial benefits denial occurred nearly 20 years ago.
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August 13, 2025
Tribe Says Studio Mogul Can't Demand Jury In $2.8M Debt Suit
The Mohegan Tribal Gaming Authority says a former Hollywood studio mogul can't ask a jury to hear a $2.8 million gaming debt lawsuit because tribal law does not allow civil jury trials and because the indebted gambler's defenses don't qualify for a jury trial in Connecticut state court, either.
Expert Analysis
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If Elphaba Had Signed A Restrictive Covenant In 'Wicked'
Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy
A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Pier Pressure: Contract Takeaways From Pa. Ocean Liner Suit
The settlement that resolved the fate of the landmark SS United States ocean liner illustrates important lessons on managing contract disputes, illuminating common trade-offs such as the choice between deferred legal risk and the cost of legal foresight, says Christopher Seck at Squire Patton.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.