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Commercial Contracts
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April 11, 2025
NC Judge Whittles PVC Pipe Co.'s Trade Secrets Suit
A state court judge has scaled back PVC pipe-maker Atkore International Inc.'s suit accusing a former high-level executive of taking valuable information to a competitor, greenlighting the company's claim for trade secrets' theft but rebuffing its noncompete as unenforceable.
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April 11, 2025
Outlet Chain Says NC Court Ruling Allows COVID Coverage
A retail outlet chain asked a North Carolina state court to find it had coverage for more than $50 million in pandemic losses, citing a recent state Supreme Court ruling holding that the insuring phrase "direct physical loss" included loss of property use due to COVID-19 public health orders.
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April 11, 2025
Texas, Washington Immigration Firm Rivals Settle Suit
A Washington state-based immigration firm and a Texas rival have agreed to settle a trade secrets battle between them, telling a Houston federal court they've agreed to drop all the allegations in the case.
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April 11, 2025
Hagens Berman Sanctioned Over Disappearing Client
Hagens Berman Sobol Shapiro LLP is facing monetary sanctions in a proposed class action against Apple and Amazon, after a Washington federal judge said the firm misled her about a problem client who disappeared and wasted the court's time in the process.
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April 11, 2025
Off The Bench: A Wait On NIL Settlement, Done Deal In Soccer
In this week's Off The Bench, the big NCAA name, image and likeness settlement still needs more work, a long-awaited settlement between U.S. Soccer and a prominent sports promotion company is completed, and a resolution of the conflict between Northwestern University and its football players is a step closer.
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April 11, 2025
Developer, Hedge Fund Settle Colo. Housing Project Dispute
A Colorado state judge permanently dismissed a real estate developer's suit alleging a hedge fund owner owed hundreds of thousands of dollars related to a Denver commercial housing project and misused grant funds, after the parties reached a settlement.
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April 11, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen law firm Michael Wilson & Partners reignite a 20-year dispute with a former director over an alleged plot to form a rival partnership, headphone maker Marshall Amplification sue a rival in the intellectual property court, and a commercial diving company pursue action against state-owned nuclear waste processor Sellafield. Here, Law360 looks at these and other new cases in the U.K.
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April 10, 2025
9th Circ. Open To Sending Invisalign Antitrust Suit To Trial
Two Ninth Circuit judges appeared open on Thursday to reversing Align's summary judgment win against a pair of class actions accusing Invisalign of monopolizing the clear braces and teeth scanners market, with one judge saying there is a triable factual dispute and another judge doubting Align's interpretation of antitrust law.
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April 10, 2025
11th Circ. Says 'Bombshell' Producer Stuck With $19M Verdict
The Eleventh Circuit on Thursday backed a Florida jury's $19 million-plus verdict against a Canadian film producer known for the movie "Bombshell" over an investor's claims the producer defrauded him out of millions of dollars meant to fund several TV productions.
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April 10, 2025
Bakery Sellers Seek $2M Award From Buyer After Deal Sours
Three companies have hit a bakery investment firm with a lawsuit over its sale of a string of Koffee Kup bakeries in Northeastern states, saying in a Connecticut federal court brief that they are due $2 million under an arbitration award.
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April 10, 2025
Oracle Wins Bid To Keep Trade Secret Case Out Of Arbitration
Oracle doesn't have to arbitrate its trade secret case against a former employee accused of absconding to a rival with confidential information related to enterprise resource planning applications, after a California federal judge said Wednesday he signed a proprietary information contract that says such issues could be litigated in court.
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April 10, 2025
Albright Sends VLSI-Intel Licensing Question To Trial
A Texas federal jury must determine whether VLSI Technology is controlled by Fortress Investment Group before a judge can then decide whether Intel Corp.'s license with a Fortress affiliate extends to VLSI's patents, U.S. District Judge Alan Albright ruled Thursday.
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April 10, 2025
Amazon Can Withhold Flex Driver Names In Tip Case For Now
A Washington federal judge won't force Amazon to hand over the personal information of more than 150,000 delivery drivers to proposed class action members who claim they were all shortchanged on tips, saying the named plaintiffs haven't yet shown the data is relevant.
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April 10, 2025
Fired Gas Co. CFO Offers To Settle Conn. Suit For $1.7M
The former chief financial officer of Hocon Gas Inc. will accept $1.7 million to drop his lawsuit against the company and its owner over alleged unpaid phantom shares and retaliatory firing, according to a filing in Connecticut Superior Court.
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April 10, 2025
Whole Foods Sues CBL, Transformco Over Asbestos In Store
Whole Foods Market Group Inc. is suing entities connected to real estate investment trust CBL Properties and retail company Transformco for more than $1 million, alleging that the companies are liable for an "ill-fated and injurious" redevelopment project that created asbestos in a North Carolina Whole Foods store.
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April 10, 2025
Ex-PE Fund CEO Rejoins Legal Field As Nelson Mullins Partner
After spending over a decade serving as president and CEO of an international private equity fund, corporate partner Hendrik Jordaan has jumped back into the legal field, joining Nelson Mullins Riley & Scarborough LLP's mergers and acquisitions practice in the firm's Denver office.
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April 10, 2025
NJ Panel Tosses Mall Owner's Bid To Spike Mixed-Use Project
A New Jersey appeals panel rejected a Newark shopping center owner's attempt to compel a builder to construct a parking garage instead of a mixed-use project on an adjacent property by citing a 2004 city plan.
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April 10, 2025
Sports Promoter Ends US Soccer Antitrust Suit
The U.S. Soccer Federation and Relevent Sports are nearing the end of a six-year-long antitrust lawsuit in New York federal court, and announced Thursday they reached a settlement agreement resolving a dispute over the sports promotion firm's efforts to host professional international soccer matches in Florida.
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April 09, 2025
Media Matters' Delay Irks Judge In X 'Libel Tourism' Case
The California federal judge overseeing X Corp.'s lawsuit alleging Media Matters for America drove advertisers from its platform blasted the defendant on Wednesday for waiting over a year before seeking to enforce a forum selection clause in X's terms of service requiring disputes be litigated in San Francisco.
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April 09, 2025
Tillis Says China IP Theft Should Be Priority In Trade Talks
U.S. Sen. Thom Tillis, R-N.C., on Wednesday called China's theft of U.S. intellectual property "rampant" and said the issue should be near the top of the agenda if the Trump administration enters trade negotiations with the Chinese government in the coming weeks.
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April 09, 2025
Fla. Investigator Sued Over Tossed Insurance Fraud Cases
A Florida man accused of home insurance fraud and who later had his cases tossed by for lack of evidence has sued the criminal investigator who referred the charges, alleging a false set of facts that were negligently provided to state attorneys led to his malicious prosecution.
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April 09, 2025
Revived Burger King No-Poach Case Survives Dismissal
A Florida federal judge Wednesday denied Burger King's bid to toss proposed class action claims over the fast-food chain's past use of no-poach provisions in its franchise agreements, finding the workers' antitrust and fraud claims could proceed.
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April 09, 2025
Insurer Settles Suit Blaming Bank Consultant For Data Breach
National Union Fire Insurance Company of Pittsburgh has settled a suit accusing a Washington-based consultant of security lapses after the personal data of over 10,000 bank customers ended up online, according to new filings in Evergreen State court.
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April 09, 2025
Mich. Judge Sends BorgWarner Parts Dispute To Mexico
A Michigan judge has ordered a Mexican automotive supply company to arbitrate its dispute with BorgWarner, a manufacturer of transmissions and other products for carmakers like Ford, after BorgWarner abruptly nixed parts orders despite calling for the supply company to expand production.
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April 09, 2025
Miami Dolphins Win Arbitration Bid In Crowd Brawl Suit
A Florida appellate panel on Wednesday sent to arbitration a lawsuit attempting to hold the Miami Dolphins liable for injuries a woman suffered after a fight broke out in the stands, ruling that although the plaintiff did not purchase the tickets, the arbitration clause was still valid.
Expert Analysis
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Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws
Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.
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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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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.