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Commercial Contracts
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December 01, 2025
4 Mass. Rulings You May Have Missed In November
A judge dismissed a flurry of proposed class actions alleging retailers flouted a Massachusetts law requiring that job applications include a notice of the state's ban on lie detectors, while a personal injury law firm couldn't escape a former associate's suit over its unilateral decision to eliminate commissions for cases he brought to the firm, among notable state court decisions in November.
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December 01, 2025
CCA Seeks OK For Deal With Bahamas Developer Owed $1.6B
Chinese state-owned firm CCA Inc. asked a New Jersey bankruptcy judge to approve a settlement with a Bahamian resort developer whose $1.6 billion court win sent CCA into Chapter 11.
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December 01, 2025
Whiteford Wins Remand Of Bankruptcy Fees Dispute
A dispute over nearly $600,000 in legal fees between Whiteford Taylor & Preston and a former client will be litigated at the state level after a Pennsylvania federal judge on Monday remanded the case to Allegheny County court.
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December 01, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court saw a slate of corporate law clashes this past week, from fast-moving injunction fights in consumer product and real estate markets to multibillion-dollar oversight claims against crypto executives and fresh battles over control for two sports teams.
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December 01, 2025
Loan Co. Can't Avoid Cannabis Co.'s Contract Breach Suit
A New Jersey federal judge won't let a lender escape a cannabis company's allegations that the lender falsely held it in default so it could seize almost $2 million, saying the complaint sufficiently alleged that the lender went back on enforceable promises.
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December 01, 2025
Paul Hastings Adds Winston & Strawn Litigation Duo In Dallas
Paul Hastings LLP announced Monday that it has brought on a pair of seasoned litigators in Dallas who came aboard from Winston & Strawn LLP.
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November 28, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the National Crime Agency target an Azerbaijan politician and a subsidiary of Withers over a disputed ÂŁ50 million ($66 million) property portfolio, the eldest son of a British aristocratic family challenge the trustees of their multimillion-pound estate, and a sports lawyer suspected of dishonesty face action by the Solicitors Regulation Authority following his firm's closure.
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November 26, 2025
Bergdorf Goodman Exec Is Sued To Stop Move To Nordstrom
Saks Global has filed suit in Texas federal court seeking to stop a "high-visibility executive" who recently resigned from its Bergdorf Goodman subsidiary from joining Nordstrom Inc., accusing the former executive of breaching noncompete obligations and improperly retaining trade secrets she allegedly downloaded before resigning.
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November 26, 2025
Cyber Co. Says Mich. Atty's Recusal Bid Based On Speculation
A Michigan attorney's attempt to have a judge recuse from a payment dispute launched by a cybersecurity firm "is a waste of the court's time," the company has said, because her bid is based on speculation over the judge's work in a federal prosecutor's office.
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November 26, 2025
Fla. Energy Co. Hit With $5.3M Suit For Generator Sale
An Israeli company told a Florida state court that a Miami-based energy services company owes it a $5.3 million commission for the sale of a specialized generator, saying it found the buyer for the Miami company's sale.
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November 26, 2025
Title Co., Investor Must Split Blame In $13M Escrow Fraud Suit
A title company is partially liable for mishandling $13 million wired into escrow by an investor seeking a 50% ownership interest in a 17-hotel deal, a California federal judge ruled, finding that the title company owed the investor a duty of reasonable care.
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November 26, 2025
Golf Cart Battery Co. Urges Chancery To Block Rival's Sales
A Texas-based golf cart battery maker is asking the Delaware Chancery Court for an emergency order barring a distributor from selling newly acquired Bolt Energy USA batteries, arguing the move would violate a still-active noncompete period and irreparably damage the young lithium battery maker's reputation and customer base.
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November 26, 2025
Fire Alarm Co. Says Contractors Altered Camp Lejeune Plans
A fire alarm system design company has told a North Carolina federal court that a pair of government contractors working on Marine Corps Base Camp Lejeune altered building plans and removed copyright information without consent.
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November 26, 2025
Yale Wins Discovery Pause In Student's AI Cheating Suit
A Connecticut federal judge has agreed to pause discovery while she considers Yale University's request to dismiss a lawsuit brought by a student who was accused of using artificial intelligence to cheat on a final exam.
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November 26, 2025
Keesal Young Poaching Suit Against Stradley Ronon Trimmed
A California state judge cleared Keesal Young & Logan to pursue most of its lawsuit alleging Stradley Ronon Stevens & Young crossed the line when it recruited 10 former Keesal Young attorneys, finding that claims such as inducing breach of contract could move forward, in part, because of conversations among the attorneys.
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November 26, 2025
11th Circ. Says State Farm Doesn't Owe $1M For Shooting
The Eleventh Circuit reversed a lower court ruling in an unpublished opinion that ordered State Farm to cover a $1.13 million judgment against a gas station owner by an employee who was shot on the premises, saying that an employer's liability exclusion bars coverage.
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November 26, 2025
Ill. Judge Trims DraftKings Sports Betting Promos Suit
An Illinois federal judge refused to dismiss outright a proposed class action claiming that DraftKings's advertisements fuel gambling addiction, but trimmed a few claims from the suit, finding several of the lead plaintiffs failed to specify when they saw the ads in question.
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November 26, 2025
Tube Maker's Board Says CEO Funneled Profits To Sons' Co.
The special committee of the nation's largest squeezable tube manufacturer's board has sued the company's CEO and his two sons in Delaware Chancery Court, alleging they siphoned off corporate profits through a self-dealing arrangement that steered label-supply business to a family-owned business at inflated prices.
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November 25, 2025
Warner Music, Suno Settle AI Suit, Unveil Partnership
Warner Music Group and artificial intelligence music startup Suno entered a new music creation partnership that also resolves WMG's copyright lawsuit against the AI-powered platform, the companies announced Tuesday, nearly a week after WMG also announced a settlement and collaboration with another AI music generator.
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November 25, 2025
UnitedHealth Gets OptumRx Antitrust Suit Sent To Arbitration
A group of independent pharmacies must arbitrate their proposed class claims that UnitedHealth-owned OptumRx gatekeeps its network of Medicare prescription patients by imposing unfair fees, a Washington federal judge said Tuesday, concluding the pharmacies haven't shown the arbitration clauses in question are unenforceable.
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November 25, 2025
Bitcoin Depot Unit Hit With $18.5M Arbitration Award
The parent of a Canadian company that develops software allowing global network users to deposit cash for Bitcoin or exchange Bitcoin for cash said its subsidiary was hit with an $18.47 million arbitral award in a dispute with a bankrupt operator of cryptocurrency ATMs.
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November 25, 2025
Delta Retirees Seek Court Clearance For Benefits Class Action
A retired flight attendant accusing Delta Air Lines Inc. of shorting married pensioners on retirement benefits by miscalculating lump-sum payouts asked a Nevada federal court to grant her case class action status, arguing the roughly 3,000-strong group she proposed had enough in common to warrant certification.
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November 25, 2025
3rd Circ. Restores NCAA Junior-College Eligibility Rule
An NCAA rule that includes junior colleges when determining a college athlete's eligibility is a "commercial" restriction, but a Rutgers University football player must go back to court and define the market for his labor if he wants to argue the rule violates antitrust law, the Third Circuit said Tuesday.
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November 25, 2025
BMW Refuses To Cover Faulty Component, Suit Claims
BMW has known for several years about a transmission component defect causing more than a dozen of the luxury carmaker's vehicle models to jerk and shudder while driving but has improperly refused to cover necessary repair costs, consumers have alleged in New Jersey federal court.
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November 25, 2025
Insurance Broker Says Competitor Stole Employees, Clients
The parent company of insurance brokerage Trucordia told the Delaware Chancery Court on Monday that it has lost more than $2.5 million in annual commission revenue because a Florida-based competitor is trying to poach Trucordia's employees and clients in coordination with a former insurance producer and current equity holder.
Expert Analysis
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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Reviving A Dormant Criminal Statute In Antitrust Prosecution
The U.S. Department of Justice is poised to revive a dormant misdemeanor statute to resolve bid-rigging charges against a foreign national, providing important context to a recent effort to entice foreign defendants to take responsibility for pending charges or face the risk of extradition, say attorneys at Axinn.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Decoding Arbitral Disputes: Precision In Jurisdiction Clauses
The High Court recently held that a contract requiring disputes to be heard by U.K. courts superseded arbitration agreements between long-time business affiliates, reinforcing the importance of drafting precise jurisdiction clauses that international commercial parties in multiagreement relationships will use to resolve prior disputes, says Josep Galvez at 4-5 Gray's Inn.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Strategizing For Renewable Energy Project Success In Texas
The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.