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Commercial Contracts
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September 25, 2025
Boeing Asks Chancery To Ground 737 Max Derivative Suit
Boeing Co. wants the Delaware Chancery Court to throw out a derivative lawsuit that accuses the company's leadership of ignoring safety risks in the wake of a January 2024 incident in which a door plug flew off one of its 737 Max planes.
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September 25, 2025
Mich. Judge Backs $778M Judgment Against Auto Parts Mogul
A Michigan federal judge on Thursday said Alter Domus LLC can pursue a judgment against a Detroit-area businessman's trust in a decades-old dispute over a guaranty agreement, renewing the more than $770 million award to the administrative agent after determining it properly took over the case from JPMorgan Chase.
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September 25, 2025
Ukraine Oil Co. Fails To End Disclosure In $150M Award Fight
A Texas federal magistrate judge will not lift disclosure obligations on Ukraine's largest oil company as U.S.-based Carpatsky Petroleum Corp. looks to enforce a $150 million arbitral award against it, ruling that the documents being turned over continue to prove relevant to enforcement efforts.
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September 25, 2025
Biogas Co., Lender End Biz Battle Ahead Of Trial
On the eve of a trial, a biogas project developer and its lenders have ended their legal battle over the financing and control of renewable energy projects and also finalized a roughly $734,000 judgment against the developer and its principal.
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September 25, 2025
NC BBQ Chain Nets Deal To End Trademark Fight With Flagship
A chain of barbecue restaurants and its original location have resolved a short-lived clash over the use of their shared trademark on branded sauces and rubs, North Carolina federal court records show.
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September 25, 2025
CSX Says Biz Owner Rehashing Claims In Rail Crossing Suit
Railroad company CSX Transportation Inc. has asked a Pennsylvania federal court to permanently ax a local business owner's request for punitive damages amid a dispute over access to a railroad crossing, arguing the owner is repeating claims the court already rejected.
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September 25, 2025
Xerox Says Vendor Faked Equipment Leases, Paid Kickbacks
Xerox's financing arm says a Colorado company cost it nearly $2 million by paying kickbacks to induce its customers into fraudulent equipment leases, overbilling and lying about the deals.
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September 25, 2025
SmartLabs Accused Of Dodging Rent On Cambridge Lab
Boston-headquartered SmartLabs is facing a lawsuit over millions in unpaid rent owed to the landlord of one of its Cambridge facilities, according to a complaint filed in Massachusetts state court.
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September 25, 2025
Tribal Co. Sues Feds Over $2M Military Bridge Project Loss
A California tribal company is seeking more than $2 million in damages after it says the U.S. Air Force breached a contract for construction of a bridge by providing it with an incomplete engineering report and failing to gain timely environmental approvals for the project.
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September 25, 2025
European Commission Probing SAP Over Software Support
European enforcers have opened an investigation into concerns that German software giant SAP restricts the market for maintenance and support services for the company's business management software.
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September 25, 2025
Amazon To Pay $2.5B To End FTC's Prime Claims Midtrial
Amazon has agreed to a landmark $2.5 billion settlement to end the Federal Trade Commission's consumer protection case targeting its Prime subscription program, the commission announced Thursday, just days into what was expected to be a monthlong trial.
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September 24, 2025
Crocs Kicks Rival's Defamation Suit To The Curb
A Colorado federal judge on Wednesday tossed a defamation suit brought against Crocs Inc. by its rival Double Diamond, finding the company failed to provide any evidence of damages or harm suffered from a press release it said twisted their legal settlement into an admission of wrongdoing.
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September 24, 2025
Ticketmaster, LA Sued For Sabotaging Kingston Trio Concerts
A concert promoter for the current iteration of the Kingston Trio has filed suit in California federal court, accusing the city of Los Angeles, the Greek Theater and Ticketmaster of sabotaging the folk and pop group's concerts in late 2024, including by making it hard for its older fan base to buy tickets.
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September 24, 2025
Investor Can't Escape $29M Arbitration Award, 11th Circ. Says
The Eleventh Circuit on Wednesday refused to overturn enforcement of a $28.7 million arbitral award issued in a dispute over a stock option agreement, saying the award debtor had agreed that the arbitrators would decide the dispute's proper venue despite not signing the underlying arbitration agreement.
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September 24, 2025
Atty & Ex-CEO Dodges Default Over Missed Court Hearing
The fired CEO of a Wyoming flavoring and aroma firm on Wednesday was ordered to reimburse the company $8,945 for missing a court hearing but escaped a default liability entry after telling a Connecticut state judge he was "not a very good lawyer" and "not a very good businessman."
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September 24, 2025
NY Appeals Court Backs Drug Co.'s $6.5M Contract Case Win
A New York state appeals court won't disturb a finding that a South Korean logistics firm owes $6.5 million for breaching a deal allowing it to license and sell a RedHill Biopharma Ltd. COVID-19 treatment in the country.
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September 24, 2025
Arcturus Sues AbbVie, Capstan Alleging Trade Secret Theft
Arcturus Therapeutics Inc. has sued AbbVie and Capstan Therapeutics in California federal court, alleging Capstan used Arcturus' proprietary lipid nanoparticle technology to develop and patent competing drug delivery systems, which AbbVie later acquired in a $2.1 billion deal.
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September 24, 2025
Execs Breached Danish Deal In $2B Tax Case, Court Says
Three men claiming to be pension plan executives who struck a civil settlement with the Danish taxing authority over their role in a $2 billion tax fraud scheme breached their settlement agreement, a New York federal court found, saying the men had not paid back the amount they promised.
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September 24, 2025
Minn. Court Says Landlords Waive Evictions By Taking Rent
The Minnesota Supreme Court said Wednesday that landlords in the state can't evict public or private housing tenants for breaching their leases if the landlords knew about the specific lease violations when they accepted the tenants' rent payments, ruling against a Minneapolis property owner that had filed an eviction suit against a tenant.
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September 24, 2025
Helicopter Cos. Say Aetna 'Grasping At Straws' In $20M Fight
Three Aetna entities have "trumped up" their counterclaims against six air ambulance operators that are suing insurers for $20 million in Connecticut federal court, according to a dismissal motion that says the allegations of dirty dealing are preempted.
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September 23, 2025
Attys Must Pay $24K For AI Citations In FIFA Antitrust Case
Counsel representing the now-shuttered Puerto Rico Soccer League in its antitrust suit against FIFA must pay more than $24,000 in attorney fees and litigation costs to the soccer federation and other defendants for filing briefs that appeared to contain errors hallucinated by artificial intelligence, a federal judge ruled Tuesday.
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September 23, 2025
Amazon Prime Trapped Consumers, FTC Tells Seattle Jury
Amazon knew for years that millions of people were inadvertently enrolling in its Prime subscription program because of its design choices but prioritized boosting membership counts over fixing the problem, the Federal Trade Commission told a Seattle federal jury on Tuesday, kicking off a long-awaited consumer protection trial against the e-commerce giant.
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September 23, 2025
5th Circ. Clears Tugboat Firm In Barge Sinking Dispute
The Fifth Circuit on Monday said a lower court did not err in finding that a marine transportation services company wasn't liable for all claims arising from a June 2022 capsizing and sinking of a barge, saying that the barge's structure made it unseaworthy.
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September 23, 2025
DC Circ. Scraps OK Of $8.7M Equatorial Guinea Hospital Award
The D.C. Circuit Tuesday overturned enforcement of an $8.7 million arbitral award issued against Equatorial Guinea in a dispute over an ill-fated hospital operating contract, ruling that a lower court wrongly deferred to the arbitrators' interpretation of an ambiguous arbitration clause.
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September 23, 2025
Software Co. Says Seller Is Trying To Back Out Of Merger Deal
Software company Livefront LLC has sued in the Delaware Chancery Court to force through a stalled acquisition, accusing seller Zeal IT Consultants of trying to get out of an already agreed-upon deal.
Expert Analysis
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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.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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3 Mistakes To Avoid In Service Provider AI Terms
Every service provider contract doesn't need extensive artificial intelligence provisions, because when poorly drafted, they create impracticable obligations, miss important distinctions and may reflect wrong understanding of the law, says Chris Wlach at Huge Inc.
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5 Ways In-House Counsel Can Stay Ahead Of New HSR Rules
Now that the Trump administration’s new Hart-Scott-Rodino Act rules have been in effect for several months, in-house counsel should consider several practice pointers that can help spearhead management of M&A-related antitrust risk, say attorneys at Squire Patton.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Recent Complex Global Deals Reveal Regulatory Trends
An analysis of six complex global deals that were completed or abandoned in the last year suggests that, while such deals continue to face significant and lengthy scrutiny across the U.S, U.K. and European Union, the path to closing may have eased slightly compared to recent years, say attorneys at Weil.
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Google Damages Ruling May Spur Income Approach Usage
The Federal Circuit's recent decision in EcoFactor v. Google may affect the extent to which damages experts apply the market approach in patent infringement matters, and income approach techniques may assume greater importance, says Erin Crockett at Charles River Associates.