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Commercial Contracts
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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.
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April 15, 2025
Phillies Say Stats Co. Halted Contract Amid Exclusivity Suit
The Philadelphia Phillies added a breach claim to a lawsuit that accuses the owners of a baseball statistics and analytics program of trying to sell a system it was hired to develop exclusively for the Major League Baseball team.
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April 14, 2025
Justice Dept. Lands 1st Wage-Fixing Jury Trial Conviction
A Nevada federal jury on Monday convicted a nursing executive on wage-fixing charges, the first antitrust charge to succeed before a jury in a string of U.S. Department of Justice prosecutions targeting antitrust violations in labor markets.
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April 14, 2025
Herbalife Wins $1.55M For Unauthorized $20M Computer Deal
A California federal jury on Friday awarded Herbalife International of America Inc. $1.55 million in damages from Eastern Computer Exchange after finding the computer equipment reseller deceptively concealed an order for millions of dollars in Dell computers that the dietary supplement company claims it never ordered.
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April 14, 2025
4th Circ. Partly Backs $3.8M Award In 'Dickensian' Lease Row
The Fourth Circuit on Monday partly affirmed and partly vacated a $3.8 million costs and fees award stemming from a soured lease agreement for a commercial building in Baltimore, potentially concluding more than 14 years of what the panel described as "Dickensian litigation."
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April 14, 2025
X Corp. Says Media Matters Must Hand Over Employee Names
X Corp. asked a Texas federal judge to make left-leaning media watchdog Media Matters turn over the names of its employees as the latest salvo in a fight over allegedly defamatory articles it wrote, saying Monday that Media Matters was giving "boilerplate objections."
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April 14, 2025
UK Co. Says Ex-Sikorsky Atty Gave 'Inconsistent' Testimony
A British company locked in a $64 million contract feud with Lockheed Martin subsidiary Sikorsky Aircraft accused its former in-house counsel of giving testimony "blatantly inconsistent" with other evidence at a Connecticut trial, requesting the alleged transgressions be discussed after a Texas bankruptcy judge slammed the lawyer for providing "false statements" in a separate matter.
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April 14, 2025
Greystar Faces Consolidation Of Colo. Tenant 'Junk Fee' Suits
A Colorado multidistrict litigation panel on Monday recommended consolidating four tenant class actions against the property management company Greystar before a single state court, following a hearing where tenants argued that allowing the "junk fee" cases to proceed separately could draw conflicting court decisions.
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April 14, 2025
Animal Rescue Wants Early Win In TM Suit Against Ex-Leader
Pennsylvania-based animal rescue Last Chance Ranch has asked a federal judge to rule that its former executive director copied its name and trademarks for a competing nonprofit she created, arguing that the infringement was obvious.
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April 14, 2025
Fairstead, Ex-Partner Clash Over Del. Arbitration Findings
Attorneys for housing giant Fairstead Capital Management and FCM Affordable and a former partner are battling over an arbitrator's conclusions in a Court of Chancery suit accusing the partner of an attempted hostile takeover of the business, according to court filings late Friday, with millions on the line.
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April 14, 2025
Conn. PE Firm Wants $12M Joy Dish Soap Suit Washed Away
A private equity firm that bought the Joy dish soap brand has asked a Connecticut trial court judge to nix a manufacturer's claim that the firm should be held liable for a holding company's alleged failure to pay after asking the manufacturer to ramp up production.
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April 14, 2025
Mich. Panel Says Car Insurance Fee Schedule Not Retroactive
A Michigan appellate panel said a fee schedule governing benefits auto insurers must pay injured parties does not apply to injuries sustained before the fee schedule became law, determining the state insurance regulator's 2024 memo misinterpreted the rules.
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April 14, 2025
Ex-Allied Wallet Exec Seeks Trial Delay Amid Recusal Bid
A former executive of payment processing company Allied Wallet asked to pause his criminal bank fraud case Monday while a Massachusetts federal judge considers a recusal motion questioning his impartiality.
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April 14, 2025
Chemical Co. Owes $11M In Unpaid Pine Oil Bills, Suit Says
Arbor Renewables, a manufacturer of pine-based chemicals, was hit with a lawsuit Friday alleging that it owes over $11 million in unpaid invoices to a Georgia-based consumer packaging maker.
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April 14, 2025
NJ Attorney Must Face Land Dispute Malpractice Suit
A New Jersey state judge has rejected a Fox Rothschild LLP attorney's bid for an early exit from a suit by a pair of sisters accusing him and related parties of malpractice stemming from the mishandling of their late stepfather's estate.
Expert Analysis
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What To Expect From Trump's Deputy Labor Secretary Pick
President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Gas Contract Fight Holds Lessons On Force Majeure Clauses
Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.
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Art Fraud Cases Highlight Importance Of Due Diligence
Recent high-profile art fraud cases provide a helpful reminder that a healthy skepticism can prevent prospective buyers from becoming victims, and that lawyers can take steps to help safeguard their clients, say attorneys at Arnold & Porter.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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A Deep Dive Into Singapore's New Int'l Arbitration Rules
The latest revisions to the Singapore International Arbitration Centre's rules, effective as of Jan. 1, contain numerous innovative and industry-leading updates, including new rules on coordinated and emergency procedures, and third-party funding, say attorneys at WilmerHale.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Trump Likely To Prioritize Trade, Customs Fraud Enforcement
With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.
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Recent Suits Show Antitrust Agencies' Focus On HSR Review
The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Private-Bidding Compliance Lessons From Siemens Plea Deal
Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.
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FTC Report On AI Sector Illuminates Future Enforcement
The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.