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Verrill

F__r Use: Do Recent U.S. Court Decisions Indicate AI Training is Covered Under Fair Use?

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Recent U.S. court decisions have seemingly addressed whether the use of copyrighted materials for Artificial Intelligence (AI) training should be considered fair use. However, these decisions do not have the sweeping...more

Akin Gump Strauss Hauer & Feld LLP

California Federal Court Limits Reach of California Privacy Laws in Dismissal of Putative Nationwide Class Action

On October 30, 2025, the U.S. District Court for the Northern District of California dismissed a putative nationwide class action filed by three residents of North Carolina and Oklahoma against California-based Samba TV, Inc....more

Akin Gump Strauss Hauer & Feld LLP

Ninth Circuit: Unlike CUTSA, DTSA Does Not Require a Plaintiff to Identify Their Trade Secrets With Particularity from the Start

The Ninth Circuit recently reversed a district court’s decision to strike a plaintiff’s trade secret claims under the Defend Trade Secrets Act (DTSA) at the discovery stage. In doing so, the Ninth Circuit made clear that...more

Fenwick & West LLP

Federal Circuit Limits Mandamus Relief for IPR Institution Decisions

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The Federal Circuit reaffirmed that IPR institution denials are “final and nonappealable” under 35 U.S.C. § 314(d), with mandamus relief only possible in rare cases involving colorable constitutional or specific statutory...more

Stevens & Lee

Don’t Forget the Winner: The Successful Bidder in a New Jersey Public Bid Is a Necessary and Indispensable Party to a Bid Protest...

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In New Jersey, it is a well-established principle that any person or organization whose rights may be affected by a legal action is typically considered a necessary and indispensable party that must be included as a party in...more

Carlton Fields

Florida Appeals Court Decisions Week of November 10 - 14, 2025

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U.S. Eleventh Circuit Court of Appeals - USA v. Bryan - criminal trial, interference with rights, kidnapping, evidence- Koletas v. USA - FTCA, sovereign immunity waiver, Transportation Security Officers - Watson v....more

Blank Rome LLP

Multimillion Dollar Jury Verdict Highlights Lack of Skill Game Regulation on Eve of Pennsylvania Supreme Court Review

Blank Rome LLP on

A Pennsylvania jury issued a verdict of $15.3 million on November 10, 2025, arising from a 2020 fatal shooting of a store clerk in Hazelton, Pennsylvania. The verdict arose from an incident at a convenience store that offered...more

BCLP

Navigating the Renters’ Rights Act 2025 – Key Changes and Practical Implications

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In previous insights we have considered the content of the Bill and the likely impact on the private rented sector (“PRS”).  Here we have set out the key questions we are seeing from our clients and more detail on how the Act...more

DLA Piper

UPC Compass: Prior Art Under Pressure – Striking the Balance Between Efficiency and Fair Trial

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A recent decision by the Milan Central Division (CD) of 23 October 2025 could create further obstacles for prior art submissions, highlighting the growing focus on procedural efficiency in patent litigation before the Unified...more

Winstead PC

The Texas Supreme Court Holds That Shareholders Of A Real Estate Investment Trust Did Not Have Standing To Assert Individual...

Winstead PC on

In In re Umth Gen. Servs., L.P., United Development Fund IV (“Trust”) was a Maryland real estate investment trust with over 12,000 shareholders. No. 24-0024, 2025 Tex. LEXIS 1029 (Tex. November 14, 2025)....more

Zelle  LLP

An Unsettling Topic: Third-Party Liability Bad Faith in Alabama

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In Alabama, the standard for determining whether an insurer has acted in bad faith in a third-party liability coverage dispute has been an unsettled issue. Two recent decisions from federal courts in Alabama indicate that the...more

Orrick, Herrington & Sutcliffe LLP

District court certifies class in $2.3M settlement agreement

On November 7, the U.S. District Court for the Eastern District of North Carolina granted final approval of a class action settlement, finding the agreement fair, reasonable and adequate for the class. ...more

Loeb & Loeb LLP

California Arbitration Act Is Amended, Revisit Arbitration Clauses

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California's Senate Bill 940 (SB 940), which was signed into law at the end of 2024 and introduces new requirements for arbitration agreements in consumer contracts, amends the California Code of Civil Procedure § 1283.05...more

Troutman Pepper Locke

Ninth Circuit Holds that Bona Fide Error Defense Applies to Claim for Violation of FDCPA

Troutman Pepper Locke on

In an unpublished decision, the Ninth Circuit affirmed summary judgment in favor of a debt collector defendant, finding that the bona fide error defense applied to the debt collector’s efforts to collect a debt that may have...more

Tyson & Mendes LLP

Potential Bombshell for Employer Claiming Federal Tip Credit

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Brittney Kaylee Tran filed a collective action complaint in a Texas federal court on January 3, 2025, against Houston-area restaurant BMB Dining Services Katy Inc. d/b/a Bombshells Restaurant and Bar (“Bombshells”), accusing...more

Polsinelli

Courts Renew Scrutiny of the False Claims Act’s Qui Tam Provisions

Polsinelli on

Key Takeaways - Courts Revisit the Constitutionality of the FCA: Recent federal decisions reflect renewed judicial scrutiny of the False Claims Act’s qui tam provisions, which authorize private individuals to bring...more

DLA Piper

Inside Competition: November 2025

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Inside Competition is designed to help companies identify key legal developments in antitrust and competition law in the United States....more

Clark Hill PLC

California Appellate Decision Solidifies Rule on Standing for Opposing Motions for Summary Judgment by Co-Defendants

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The Second Appellate District’s recent opinion in Bean v. City of Thousand Oaks confirmed a clear rule that co-defendants may oppose another defendant’s motion for summary judgment (MSJ) even without having filed a...more

Zelle  LLP

Appraisal Doesn’t Toll the Clock: Texas Court Upholds Suit Limitation Clause Despite Post-Denial Appraisal Demand

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In Texas, once a claim denial has been issued, the clock starts ticking for an insured to file a lawsuit. In Texas, the default statute of limitations for breach of contract claims is four years. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Federal Court Says Remote Employee’s Retaliation Claims Belong in Pennsylvania

The U.S. District Court for the District of New Jersey ruled that a claim by a remote employee in New Jersey over her Pennsylvania employer’s attempt to end her remote work arrangement, which allowed her to work from home in...more

Jackson Lewis P.C.

Third Circuit Ruling Makes It Easier for Employers to Settle Hybrid Wage and Hour Actions

Jackson Lewis P.C. on

Issuing a landmark decision in a case of first impression, the U.S. Court of Appeals for the Third Circuit has clarified the relationship between federal claims brought under the Fair Labor Standards Act (FLSA) and state law...more

Clark Hill PLC

Pennsylvania Supreme Court Reinforces Statutes of Repose in Gidor v. Mangus

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In Pennsylvania, statutes of repose materialized in the 1960s in large part as a result of the construction industry’s concerns with respect to ongoing liability for latent defects. ...more

Dorsey & Whitney LLP

Ninth Circuit Revives Trademark Dispute After Monster Energy Refused to Throw in the Towel

Dorsey & Whitney LLP on

The Ninth Circuit recently revived Monster Energy Company’s (“Monster Energy”) trademark and trade dress dispute against a company that markets camping equipment under the mark 4MONSTER. Monster Energy owns the well-known...more

McGuireWoods LLP

Sixth Circuit Reaffirms Privilege and Work Product Principles for High-Stakes Internal Investigations

McGuireWoods LLP on

On Oct. 3, 2025, the U.S. Court of Appeals for the Sixth Circuit granted a writ of mandamus, vacating a district court order compelling FirstEnergy Corp. to produce internal investigation documents protected by...more

Husch Blackwell LLP

8th Circuit Denies Petition to Rehear Anti-Union Meeting Ban – November 6, 2025

Husch Blackwell LLP on

In 2023, Minnesota enacted the “Employer-Sponsored Meetings of Communications Act” (the “Act”), Minn. Stat. § 181.531. The Act prohibits employers from taking adverse employment action against any employee who refuses to...more

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