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Commercial Contracts
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August 07, 2025
NY AG, Ski Resort Square Up Over Resort Divestiture
A New York ski resort operator that bought a competing resort and shut it down must divest that resort to right the antitrust wrong a state judge found it had committed and restore competition to the market, the Empire State is arguing.
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August 07, 2025
9th Circ. Revives Homeowners' 'Reverse Mortgage Loan' Suit
A Ninth Circuit panel has revived a proposed class action against a company offering homeowners cash in exchange for a slice of their home equity, finding a Washington couple has shown their arrangement amounted to a reverse mortgage loan subject to special statutory requirements.
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August 07, 2025
Colo. Court Backs Landlord's Right To 'Fees On Fees'
In the first Colorado appellate decision to consider whether a prevailing party may recover attorney fees incurred to enforce a contractual fee-shifting provision, a state appellate panel ruled Thursday that a Denver coffee shop's landlord is entitled to an award of such fees.
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August 07, 2025
Amazon, DC AG Get Antitrust Trial Delayed To May 2027
The District of Columbia's antitrust suit accusing Amazon of not allowing sellers to offer their products for less on other platforms will not make it to trial until closer to mid-2027, after a D.C. judge agreed Wednesday to allow the parties to push back the original trial date by four months.
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August 07, 2025
'Cardiac Pack' IP Suit Is Decades Too Late, NC Judge Says
A North Carolina state court on Thursday dismissed a lawsuit brought by 12 members of North Carolina State University's 1983 "Cardiac Pack" basketball team alleging that the NCAA unduly profited from their name, image and likeness by rebroadcasting footage from their national championship run.
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August 07, 2025
Connecticut Litigation Highlights In The 1st Half Of 2025
Two separate royalty disputes — one $90 million, the other $4 million — involving two giants in the alcoholic beverages market are among the top corporate cases that crossed Connecticut court dockets in the first half of 2025.
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August 07, 2025
Vast Amazon Customer Class Greenlit In Price-Fixing Case
A Washington federal judge has certified a consumer class encompassing an estimated 288 million people who purchased goods on Amazon's marketplace since 2017, advancing a sweeping antitrust case accusing the e-commerce giant of inflating prices through its merchant policies.
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August 07, 2025
Anthem Seeks Exit From Lab's $3.8M Insurance Suit
Anthem Blue Cross Blue Shield of Connecticut again asked a federal judge to let it out of a lab's $3.8 million suit alleging the company failed to pay 3,000 insurance claims for medical tests, arguing that the lab's second amended complaint didn't make up for the deficiencies that got most of the first one dismissed.
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August 07, 2025
7th Circ. Backs $75M In Chicken Price-Fixing Settlements
The Seventh Circuit rejected an appeal from restaurants challenging $75 million in settlements inked in the broiler chicken price-fixing litigation with Koch Foods Inc. and House of Raeford Farms Inc., after finding an analysis of prices failed to show the deals were unreasonable.
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August 07, 2025
CoStar Asks Full 9th Circ. To Revisit Antitrust Ruling For Rival
Commercial real estate information company CoStar Group Inc. and a subsidiary are urging the Ninth Circuit to reconsider its ruling reviving antitrust counterclaims lodged by rival Commercial Real Estate Exchange Inc., which CoStar has accused in a suit of stealing property listing data and copyrighted photos.
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August 07, 2025
NC Biz Court Bulletin: Divorce Dust-Ups And Judicial Rebukes
Litigation in the North Carolina Business Court is heating up this summer with new complaints centered on fears a former state politician's divorce proceedings will impede his companies' operations and accusations that a climate technology company has failed to pay out a former engineer's ownership interest.
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August 06, 2025
Masimo Drops Founder Joe Kiani From 'Empty Voting' Suit
Masimo Corp. has agreed to free its founder, Joe Kiani, from the medical technology company's suit alleging he manipulated a shareholder vote through an "empty voting" scheme, pointing to "the interest of judicial efficiency and economy."
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August 06, 2025
Valve Won't Pay $21M Arb. Fee In Antitrust Fight, Gamers Say
About 15,000 users of Steam, one of the largest online sellers of video games, have accused the platform's operator, Valve, in a new proposed class action in Washington federal court of refusing to pay its nearly $21 million share in arbitration fees stemming from a series of individual antitrust disputes, in which consumers alleged the company inflated the price it charged for games.
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August 06, 2025
4th Circ. Revives Chance Of Class Cert. For Overdraft Suit
The Fourth Circuit has reversed a denial of class certification in a lawsuit against Michigan-based Independent Bank, finding that a South Carolina federal judge had improperly ruled that bank customer Jamila Grice couldn't represent a nationwide class and remanding the case for further proceedings.
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August 06, 2025
Accounting Firm Must Face Ex-Credit Union CEO's Firing Suit
The largest accounting firm in Connecticut, Whittlesey PC, must face the former CEO of Sound Federal Credit Union's claim that he was fired for following the firm's advice on when to calendar gains from a $1.2 million property sale, a Connecticut trial court judge has ruled.
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August 06, 2025
Presidio Petroleum Inks $660M SPAC Merger Deal
Fort Worth, Texas-based oil and gas operator Presidio Petroleum will go public through a merger with EQV Ventures Acquisition Corp., a special purpose acquisition company sponsored by EQV Group.
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August 06, 2025
CORRECTED: NJ Diocese Drops Abuse Coverage Claims Against Insurer
A Garden State diocese has voluntarily dropped its claims against one of its insurers it accused of violating state law over the coverage of defense costs tied to child sex abuse lawsuits, according to a Monday order.
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August 06, 2025
Anheuser-Busch, Hard Seltzer Co. End $90M Contract Feud
Anheuser-Busch and alcoholic seltzer producer Boathouse Beverages LLC's holding company have dropped claims against one another in a multimillion-dollar Connecticut contract dispute over a product line the beverage giant purchased in 2016.
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August 06, 2025
Toshiba Unit Can't Appeal Bench Trial Bid In Hydro Plant Row
A Michigan federal judge refused Wednesday to clear the way for a subsidiary of Toshiba to appeal her order denying a bench trial in a dispute over allegations that the electronics giant botched a $560 million upgrade at a power plant owned by DTEÂ Electric Co. and Consumers Energy.
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August 06, 2025
Honey Dew Says M&A Adviser Missed Fake $25M Letter
Massachusetts-based regional coffee and donut chain Honey Dew says the investment banking firm it hired to find a buyer in 2018 would have learned that a $25 million "proof of funds" letter purporting to be from UBS was a forgery had it performed the expected due diligence.
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August 05, 2025
Student Says Emory Suspended Her For Palestinian Support
A Muslim, Palestinian American student is suing Emory University, its board of trustees and a leader at its medical school in Georgia federal court, alleging her rights were violated when she was suspended after supporting "Palestinian human rights and criticizing discriminatory treatment" at the university.
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August 05, 2025
Cannabis Co. Can't Blame Defaults On Neglectful Attorney
A defunct Los Angeles dispensary and its operators cannot undo default entries issued against them by investors who seek more than $325,000, a California state judge has ruled, rejecting the company's attempt to pin the loss on their attorney who "lost track" of the case.
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August 05, 2025
Reporter Drops Suit Over CBS Station's Gaza Coverage
A Palestinian Arab-American television journalist has ended his lawsuit claiming a CBS News Detroit station fired him because of his complaints that the station favored Israeli perspectives in its coverage of the Israel-Hamas war.
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August 05, 2025
Chancery Sends Steel Co.'s Fraudulent Transfer Suit To Trial
A steel product company's claims that a bankrupt former customer, for which it was also serving as a creditor, fraudulently transferred away millions that could have covered its debts must go to trial, a Delaware vice chancellor ruled on Tuesday.
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August 05, 2025
Blake Lively Wants Baldoni's Atty Sanctioned For Comments
Actress Blake Lively has asked a Manhattan federal judge to sanction the attorney representing "It Ends With Us" co-star Justin Baldoni in her ongoing defamation case, alleging the lawyer repeatedly defied a February court order blocking extrajudicial statements likely to prejudice the case.
Expert Analysis
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Where Payments Law And Regulation Are Headed In 2025
The Trump administration will likely bring significant changes to payments regulations in 2025, but maintaining internal compliance efforts in the absence of robust federal oversight will remain key as state authorities and private plaintiffs step into the breach, say attorneys at Stinson.
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2 Cases May Signal Where FTC Is Headed On Labor Issues
Two recent Federal Trade Commission challenges to no-hire clauses in agreements between building service firms and their customers include comments by future FTC Chair Andrew Ferguson that may offer insight into the direction the FTC is headed on labor issues, says Michael Wise at Squire Patton.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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7 Pitfalls To Watch In Tech Referral Fee Programs
The recent attempt by FluidStack to recover $10 million in referral fees allegedly promised by software vendor Denvr Dataworks should alert potential participants in so-called partnership programs to seven signs that a proposed technology referral agreement may not equally benefit all sides, says Chris Wlach at Huge Inc.
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Takeaways From 2024's Emerging IP Licensing Trends
Themes in intellectual property licensing from the past year – including artificial intelligence; risk management; and name, image and likeness rights – highlight key considerations for navigating an evolving landscape, say attorneys at Ballard Spahr.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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How The UPC, ITC Complement Each Other In Patent Law
Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling
The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.