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Commercial Contracts
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August 15, 2025
Carpatsky Fights Bid By Ukrnafta To Duck Disclosure Order
Carpatsky Petroleum Corp. is urging a Texas federal court not to let Ukraine's largest oil company duck its disclosure obligations as the U.S.-based company looks to enforce a confirmed $150 million arbitral award, arguing that the obligations are legitimate and not unduly burdensome.
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August 15, 2025
Argentina Can Stay YPF Stake Turnover, 2nd Circ. Says
The Second Circuit on Friday paused a New York federal judge's order requiring Argentina to give up its 51% equity stake in the nationalized oil company YPF SA to partially pay off a $16.1 billion judgment in investor litigation, while the country appeals.
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August 15, 2025
DC Circ. Says $92M Sprint, T-Mobile Privacy Fine Is Here To Stay
The D.C. Circuit said no way Friday to knocking out $92 million in fines that T-Mobile and Sprint were slapped with for selling users' sensitive location data even after they knew the data was being used inappropriately, saying the fines accounted for the "egregiousness of their conduct."
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August 15, 2025
Texas Federal Judge Says He's 'Exhausted' By Atty's Antics
A Texas federal judge told an attorney he was "exhausted" by his alleged antics in helping supposedly erstwhile clients dodge judgments, asking Friday why the attorney seemingly worked two clients after a disciplinary panel barred him from representing them.
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August 15, 2025
Construction Co. Says Webuild Can't Duck $147M Award
A Chilean construction company is fighting back against efforts by Webuild SpA to duck its lawsuit seeking to enforce a more than $146 million arbitral award, arguing that the Italian construction giant cannot claim the Connecticut federal court is the wrong venue for the case.
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August 15, 2025
Ohio Justices Back Landlord In Speedway Store Leases Suit
The Ohio Supreme Court has sided with a landlord embroiled in a lease renewal dispute with a tenant that subleased 24 properties to major convenience store chain Speedway LLC, ruling that the tenant didn't make a mistake when it negligently failed to renew its leases on time.
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August 15, 2025
Investors' Suit Claims Fla. Tower Developer Stole $3M
Dozens of investors have brought a Florida state court lawsuit accusing a Delaware-based developer of fleecing them out $3 million that was provided toward the construction of a residential high-rise, saying their money is wrongfully being held despite no meaningful progress on the building.
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August 15, 2025
Smoke Shop Tells Panel It's Owed Defense Over Fatal Crash
A North Carolina smoke shop urged a state appeals court to find that its insurer must defend it in a lawsuit alleging that an individual who consumed nitrous oxide products from the shop caused a fatal auto collision, noting it has already disputed underlying allegations of negligence.
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August 15, 2025
Reggie Bush Didn't Sign NIL Rights Away, Court Told
Reggie Bush's attorney urged a Los Angeles judge Friday to reconsider a tentative ruling that would toss the former football star's suit accusing the NCAA, the University of Southern California and the Pac-12 Conference of exploiting his name, image and likeness, saying Bush did not sign his rights away.
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August 15, 2025
Chancery Says Failed FTX Claim Buy Is Outside Its Jurisdiction
A Delaware Chancery Court judge on Friday ruled that a lawsuit over a failed deal to buy a claim in the Chapter 11 case of cryptocurrency platform FTX does not belong in his court, saying the fact the bankruptcy is being heard in Delaware does not constitute a sufficient connection to the state.
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August 15, 2025
2nd Circ. Says Sun Life Can't Nix Worker's Benefits Challenge
A split Second Circuit panel resuscitated a worker's suit challenging Sun Life's decision to deny her long-term disability benefits, ruling a release she signed with her employer didn't bar her from suing the insurance company because she was assured the agreement wouldn't block her ability to collect benefits.
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August 15, 2025
Charter Hid Losses After FCC Subsidies Ended, Investor Says
Charter Communications has been hit with a proposed shareholder class action alleging it misled investors about its ability to offset internet customer losses after the end of the FCC's pandemic-era Affordable Connectivity Program, which 5 million of Charter's customers used.
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August 15, 2025
Mass. Nonprofit To Pay $1M To Settle FCA Allegations
A Massachusetts nonprofit will pay $1 million to settle allegations it violated the False Claims Act by securing a pandemic relief loan that it was never eligible for and was later forgiven, federal prosecutors said Friday.
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August 15, 2025
AbbVie's Key RICO Claims In Drug Cost Fraud Suit Survive
An Illinois federal judge on Friday ruled that AbbVie could move ahead with the bulk of its racketeering, tortious interference and fraud claims against a behind-the-scenes healthcare company that the drugmaker alleges colluded with pharmacy benefit managers to fraudulently obtain drugs meant for patients in AbbVie's charitable programs.
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August 15, 2025
Atty Urges Texas High Court To Take On Suit Over Firm Ouster
A former Branscomb PC partner is asking the Texas Supreme Court to reject a lower court's order compelling him to arbitrate a suit he brought against the firm's other partners accusing them of wrongfully ousting him.
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August 15, 2025
Taxation With Representation: Wachtell, Cooley, Sullivan
In this week's Taxation With Representation, the NBA signs off on the sale of the Boston Celtics, Gildan Activewear acquires HanesBrands, private equity shop Advent International buys insurance software firm Sapiens, and financial software provider MeridianLink goes private via its acquisition by Centerbridge Partners.
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August 15, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Transport for London hit with a procurement claim by the operator of Oyster card, while Mastercard and Visa face claims from the Rocco Forte Hotel Group, and Liverpool Football Club lobbed a claim against a security company.
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August 14, 2025
9th Circ. Won't Revive 3M Worker's Noncompete Dispute
The Ninth Circuit on Thursday declined to revive a former 3M Co. employee's lawsuit over a noncompete provision in his employment contract, agreeing with a Washington federal court's finding that the complaint failed to allege 3M actually enforced or leveraged the noncompete in violation of state law.
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August 14, 2025
9th Circ. Restores Boeing's $72M Loss In Electric Jet IP Suit
A Ninth Circuit panel reinstated a $72 million jury verdict against Boeing in an electric jet startup's trade secret case on Thursday and said a new judge should handle future proceedings, flagging the trial judge's late disclosure that his spouse acquired Boeing stock through an IRA during the litigation.
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August 14, 2025
Healthcare Co. Exec, GC Revealed Trade Secrets, Court Told
A preponderance of emails shows that former CEOs involved with a trio of healthcare and real estate companies shared financial documents and other intellectual property that were undoubtedly trade secrets, the companies' attorney told the North Carolina Business Court on Thursday.
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August 14, 2025
9th Circ. OKs Returning Calif. Farm Wage Suit To State Court
A California farmworker's wage and hour suit against Sunsweet Growers Inc. can proceed in state court, a Ninth Circuit panel ruled Thursday, rejecting the company's argument that the suit belongs in federal court and should be dismissed.
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August 14, 2025
9th Circ. Affirms Damages In Litigation Support Services Dispute
The Ninth Circuit on Thursday affirmed a Nevada federal court's judgment awarding a litigation support services company a combined $350,000 in liquidated damages and attorney fees after finding a competitor breached their years-old settlement and violated its trademark, determining the district court had not selectively enforced the rules.
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August 14, 2025
NBA Signs Off On $6B Sale Of Celtics
The National Basketball Association board of governors approved the sale of the controlling interests in the Boston Celtics to an investor group led by private equity firm co-founder Bill Chisholm, with the valuation of the club estimated at $6.1 billion.
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August 14, 2025
NC Mortgage Lender Seeks Coverage For Fraud Claims
A mortgage lender said it is owed $540,000 from a title insurer after a borrower filed a complaint with the North Carolina Department of Justice about fraudulent activity related to his loan, telling a federal court the insurer shirked its obligations under the policy and related coverage documents.
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August 14, 2025
NY Man Owes PNC $27.3M After Kiting Spree, Bank Claims
PNC Bank has sued a New York man and his eight companies, alleging they owe the bank $27.3 million after executing a massive check-kiting scheme against the bank over a recent 12-day period.
Expert Analysis
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Navigating Potential Sources Of Tariff-Related Contract Risk
As the tariff landscape continues to shift, companies must anticipate potential friction points arising out of certain common contractual provisions, prepare to defend against breach claims, and respond to changing circumstances in contractual and treaty-based relationships, say attorneys at Debevoise.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Florida Case Could Redefine Construction Defect Damages
If a Florida appellate court overturns the trial court in a pending construction contract dispute, the state could experience a seismic shift in construction defect damages, effectively leaving homeowners and developers with an incomplete remedy, says Andrew Gold at Akerman.
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Indemnity Lessons From Mass. Construction Defect Ruling
The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' statute of repose, should spur design and construction professionals to negotiate limited provisions, says Christopher Sweeney at Conn Kavanaugh.
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When Reshoring, IP Issues Require A Strong Action Plan
With recent headlines highlighting tariffs as high as 3,521%, more firms will contemplate reshoring manufacturing to the U.S., and they will need to consider important intellectual property issues as part of this complex, expensive and lengthy undertaking, say attorneys at Norton Rose.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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4 Strategies For De-Escalating Hospitality Industry Disputes
As recent uncertainty in the travel business exacerbates the risk of conflict in the hospitality sector, industry in-house counsel and their outside partners should consider proactive strategies aimed at de-escalating disputes, including preserving the record, avoiding boilerplate clauses and considering arbitration, say Randa Adra at Crowell and Stephanie Jean-Jacques at Hyatt.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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'A Deal Is A Deal': Tariffs No Excuse To Dodge Contract Terms
Tariff policy uncertainty is unlikely to be a basis for allowing a party to avoid contractual obligations, but businesses can still plan for future disputes related to pricing, operations and the supply chain, including with the addition of tariffs to any force majeure provision, say attorneys at Arnold Porter.