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Commercial Contracts
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April 16, 2025
Cannabis Co. Drops Back Taxes Case Against 2 Payroll Firms
A Washington cannabis company has dropped claims against a pair of payroll services providers accused of leaving the cannabis company with a $172,500 tax bill after failing to pay the Internal Revenue Service on its behalf.
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April 16, 2025
9th Circ. Won't Revive Ex-Beach Boy Guitarist's Royalty Fight
The Ninth Circuit refused to reinstate a former Beach Boys guitarist's suit that sought to revoke his royalty agreements with Universal Music Group since they were based on physical record sales and didn't contemplate the evolution of digital streaming, ruling Wednesday the contracts only paid for physical record sale royalties.
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April 16, 2025
Colo. Lawyer Says Disbarred Atty Won't Give Settlement Info
A Colorado firm that agreed to take over a case from a disbarred attorney has sued her and the client, accusing them of refusing to state how much he is owed from a confidential settlement that ended the underlying employment case.
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April 16, 2025
Justices Urged To Deny Insurers' Tribal Jurisdiction Challenge
The Suquamish Tribe told the U.S. Supreme Court it shouldn't hear a group of insurers' bid to litigate COVID-19-related property insurance claims outside tribal court, arguing the Ninth Circuit correctly held that the insurers' coverage of tribal property sufficiently established tribal jurisdiction.
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April 16, 2025
Mass. High Court Revives BU Contract Suit Against Architect
Massachusetts' highest court ruled Wednesday that a six-year limit on tort claims due to design defects in a construction project under a Boston University athletic field doesn't apply to a contract dispute between the school and an architectural firm that explicitly agreed to cover such costs.
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April 16, 2025
Greek IT Co.'s Suit Over Leaked Patent Info Gets Tossed
A New York federal judge has tossed a Greece-based technology company's suit alleging Ladas & Parry LLP sent proprietary information to a third party while the company had an attorney-client agreement with the firm.
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April 16, 2025
Locke Lord Escapes Refinery's Suit Over $2.5M Loss
A New Jersey state appeals court said Wednesday Locke Lord LLP's office in the state isn't a strong enough tie to establish jurisdiction in an oil company's legal malpractice suit over the company's $2.5 million loss connected to a North Dakota refinery project.
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April 16, 2025
Google's $100M AdWords Deal Gets Initial Approval
A California federal judge said Wednesday he'll preliminarily approve Google's $100 million settlement that would resolve advertisers' long-running certified class action alleging the tech giant overcharged for advertisements through its AdWords service, saying the 14-year-old litigation was hard fought, but the settlement appears to be fair.
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April 16, 2025
Jack Nicklaus Granted $1M In Damages After NIL Win
Jack Nicklaus was granted $1 million Wednesday by a New York state court judge for damages incurred as a result of a preliminary injunction that prevented the golf legend from signing new commercial deals during now-dismissed litigation over the use of his name, image and likeness.
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April 16, 2025
UnitedHealthcare Owes $1M Medicare Shortfall, Hospital Says
UnitedHealthcare owes Connecticut's Danbury Hospital more than $1 million after bungling local Medicare Advantage cost calculations and refusing to correct its payment errors after the hospital provided notice of the problem, the healthcare facility alleged in a state court lawsuit.
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April 15, 2025
Biogen, Genentech Head To June Trial Over MS Drug Royalties
A California federal judge on Tuesday denied Biogen's bid for summary judgment in a high-stakes contract fight with Roche Holding AG subsidiary Genentech over patent royalties on multiple sclerosis drug sales, saying during a hearing that there's a material dispute over the contract's language and the case will be tried in June.
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April 15, 2025
Google Failed To Pay $2M In Commissions, Ex-Sales Rep Says
A former Google Cloud unit salesperson alleged the company blocked him from receiving $2 million in commissions after he landed a $35 million contract with Otis Elevator and fired him while he underwent cancer treatment to avoid paying out nearly $3 million in life insurance benefits.
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April 15, 2025
9th Circ. Nixes JustAnswer Arbitration Bid In Membership Suit
The Ninth Circuit on Tuesday denied website JustAnswer's bid to force into arbitration a putative class action accusing it of trapping customers into expensive subscriptions, ruling that no contract requiring arbitration was formed between JustAnswer and individuals who were allegedly roped into recurring subscriptions costing up to $60 per month.
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April 15, 2025
Seller Of NC Concrete Co. Cements Midtrial Victory
A North Carolina federal judge has cut short a jury trial in which the former owner of a concrete business in the state was accused of manipulating financial records to sell her company, siding with the defense in a directed verdict after the plaintiffs rested.
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April 15, 2025
Expeditors' IT Shutdown Suit Nudged Toward Mediation
A Washington federal judge said Tuesday a sporting gear company's cybersecurity claims against a logistics contractor will likely survive, but suggested the parties try mediation instead of going straight to trial because it will be "next to impossible" for jurors to set aside their preconceived notions about the internet.
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April 15, 2025
Apple Sued By Wash. IPhone Buyers Over Missing Repair Info
Apple Inc. "deceptively" omits information on its iPhone packaging that's required under Washington state law, including warranty terms and the costs to repair the phone, according to a proposed consumer class action filed in California federal court.
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April 15, 2025
Japan Orders Google To Stop Android Licensing Practice
Japan's competition enforcer became the latest global authority to take on Google's Android licensing practices Tuesday, ordering the search giant to stop requiring phone manufacturers and mobile carriers to preinstall its apps on their devices.
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April 15, 2025
Meta Used Pirated Data To Evaluate Licensing, Authors Say
A group of bestselling authors accusing Meta Platforms of copyright infringement allege the tech company downloaded databases with millions of pirated books not just to train its large language models, called Llama, but also to see whether it could develop them without licensing content, according to a newly unredacted summary judgment motion.
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April 15, 2025
Kinder Morgan Must Face $100M Texas Storm Billing Dispute
A Texas state appeals court said Tuesday that Kinder Morgan must face a suit over $100 million in invoices stemming from a February 2021 winter storm that caused a power crisis in the state, finding that the company hadn't shown it was forced to reduce gas supplied to a customer at the height of the storm.
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April 15, 2025
Financial Adviser Fights Ex-Employer's Bid To Pierce Privilege
A financial adviser accused of stealing clients by his ex-employer Wealth Enhancement Group LLC has urged a Connecticut state judge to reject the company's bid to get his communications with legal counsel at Spencer Fane LLP, saying it relies on an "expansive and unfounded reading" of the crime-fraud exception to attorney-client privilege.
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April 15, 2025
Strike Nurses Sue Staffing Co. Over Wage, Break Pay
A group of workers hired by a provider of temporary staff nurses to work at Kaiser Permanente facilities in California during a 2023 strike have filed a lawsuit against the staffing company, alleging it refused to pay for training time and meal breaks.
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April 15, 2025
Judge Again Denies Arbitration In Chicago Cubs License Spat
A Chicago federal court will not reconsider dismissing a lawsuit that accuses a rooftop owner of selling tickets to Chicago Cubs games and other events without a license, ruling it got it right the first time.
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April 15, 2025
Meta Accused Of Turning Smart Devices Into Useless 'Bricks'
Consumers hit Meta Platforms Inc. with a proposed class action in California federal court Monday, accusing the social media giant of a deceptive "bait-and-switch" scheme by advertising Meta's Portal video-calling smart devices with wide-ranging features only to later discontinue key software functionality rendering its hardware "largely obsolete," useless "bricks."
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April 15, 2025
Holland & Knight Litigator Heads To Florida Boutique
Florida-based litigation and appellate boutique Lawson Huck Gonzalez PLLC has added a former Holland & Knight LLP partner to its Miami-area office, bringing on an attorney who has handled high-stakes litigation and appellate matters for clients in private practice.
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April 15, 2025
Moye White Says It Was Evicted To Make Way For Tech Co.
Defunct law firm Moye White LLP is fighting back in Colorado state court against its Denver landlord's nearly $4 million lawsuit, alleging in counterclaims that the landlord unlawfully evicted the firm and its subtenants from a downtown office building in order to make room for a technology business.
Expert Analysis
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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How The CRE Industry Is Adapting To Tariff Uncertainty
Amid uncertainty about pending tariffs and their potential ripple effects, including higher material costs, supply chain delays and tighter margins, commercial real estate industry players are focusing on strategic planning and risk mitigation, says Daniel Diaz Leyva at Day Pitney.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Perfecting Security Interests In Renewable Energy Tax Credits
The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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The Central Issues Facing Fed. Circ. In Patent Damages Case
The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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The Revival Of Badie Arbitration Suits In Consumer Finance
Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.